January 27, 2000

Journal of the House

THIRTEENTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Thursday, January 27, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 121 members present.

 Rep. Johnston was excused on verified illness.

 Reps. Freeborn, McKechnie and O'Neal were excused on excused absence by the
Speaker.

   Prayer by guest chaplain, the Rev. Wade Graber, senior pastor, First Baptist Church, El
Dorado, and guest of Rep. Mason:

         Lord Jesus, Father God, Holy Spirit,

       I thank You for being here in the room with us. I praise You for always being with
      us as our ever present God.

       I pray Lord for Your servants here today. Lord give them a keen sense of Your
      presence and the reality that all they think, speak and do are done in an awareness
      of Your omnipresence.

       Lord impress upon their hearts that today's actions, choices, decisions and rulings
      are tomorrow's history. As they write the history books of tomorrow during this day,
      help them to be known as leaders who established what is good to You, moral and
      true. As the chronicles of the kings of your people Israel identify the rulers as evil
      in your sight or right in Your sight, let these lawmakers and history makers be rec-
      ognized as those who honored you.

       Let it be said of these Kansas history makers that they joined God in hating ``a
      proud look, a lying tongue, hands that shed innocent blood, a heart that devises
      wicked plans, feet that are swift in running to evil, a false witness who speaks lies,
      and one who sows discord among brethren'' (Proverbs 6:17- 19). May the records
      show that they not only had a knowledge of good and evil, but they hated sin and
      loved righteousness. May the chronicles of their labors give evidence that they ac-
      knowledge their great state of Kansas as being a part of ``one nation, under God'' a
      pure, righteous, eternal, and holy God. Lead them in the ``paths of righteous'' for
      Your name's sake. ``For Yours is the kingdom and the power and the glory forever.
      Amen.''

   The Pledge of Allegiance was led by Speaker pro tem Mays.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

   HB 2725, An act enacting the Kansas polygraph protection act, by Committee on Federal
and State Affairs.

 HB 2726, An act concerning common nuisances; relating to nudist camps, clubs or build-
ings, by Committee on Local Government.

 HB 2727, An act concerning big game; amending K.S.A. 1999 Supp. 32-937 and repealing
the existing section, by Committee on Environment.

 HB 2728, An act concerning naturopathic physicians; relating to the licensing and reg-
ulation thereof; amending K.S.A. 65-2872 and repealing the existing section; also repealing
K.S.A. 65-2872a, by Committee on Federal and State Affairs.

 HB 2729, An act concerning open records; access to such records; establishing a freedom
of information officer and providing for the powers and duties thereof; amending K.S.A.
45-222 and 45-223 and K.S.A. 1999 Supp. 45-219 and repealing the existing sections, by
Representatives Garner, Ballard, Barnes, Burroughs, Crow, Dean, Findley, Flaharty, Gil-
bert, Kirk, Klein, Kuether, M. Long, McClure, Nichols, O'Brien, E. Peterson, Reardon,
Rehorn, Ruff, Sharp, Spangler, Swenson, Toelkes and Wells.

 HB 2730, An act establishing the state debt reduction fund; providing for transfers of
budget surpluses thereto, by Committee on Appropriations.

 HB 2731, An act relating to highways; concerning system enhancement projects; amend-
ing K.S.A. 1999 Supp. 68-2314a and repealing the existing section, by Committee on
Transportation.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolutions were referred to committees as indicated:

   Appropriations: HB 2724.

 Education: HB 2719.

 Federal and State Affairs: HB 2720.

 Local Government: HB 2722.

 Taxation: HB 2721; HCR 5055, 5056.

 Kansas 2000 Select: HB 2718, 2723.

COMMUNICATIONS FROM STATE OFFICERS
 From Don Brownlee, Superintendent, Kansas Highway Patrol, pursuant to K.S.A. 60-
4117, report regarding state forfeiture funds, January 18, 2000.

 From Jan Stegelman, Coordinator, Kansas Department of Health and Environment, Kan-
sas SAFE KIDS Coalition, 1999 Annual Report.

 The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.

CONSENT CALENDAR
 Objection was made to HB 2622 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

 No objection was made to HB 2241, 2598 appearing on the Consent Calendar for the
first day.

REPORTS OF STANDING COMMITTEES
      The Committee on Appropriations recommends HB 2660 be amended on page 5, in
line 37, by striking all following ``(a)''; by striking all in lines 38 through 42;

 On page 6, by striking all in lines 1 through 4; in line 5, by striking ``(b)'';

 And by redesignating subsections accordingly;

 On page 7, in line 27, by striking ``82a-1720'' and inserting ``82a-1702'';

 On page 8, in line 4, by striking all following ``(a)''; by striking all in lines 5 through 9 and
inserting new material to read as follows:

 ``The office of the attorney general is hereby authorized and directed to pay the following
amount from the operating expenditures account of the state general fund for the prose-
cution and incarceration of the claimant, who was subsequently acquitted by the state court
of appeals, to the following claimant:

Dr. L. Stan Naramore, D.O., 1701 Pine Street, Harper, KS 67058, c/oRonald R. Hein, Hein & Weir, Chartered, 5845 SW 29th Street, To-peka, KS 66614-2462$83,333.33
 (b) The board of healing arts is hereby authorized and directed to pay the following
amount from the healing arts fee fund for the prosecution and incarceration of the claimant,
who was subsequently acquitted by the state court of appeals, to the following claimant:

Dr. L. Stan Naramore, D.O., 1701 Pine Street, Harper, KS 67058, c/oRonald R. Hein, Hein & Weir, Chartered, 5845 SW 29th Street, To-peka, KS 66614-2462$83,333.34
 (c) The health care stabilization fund board of governors is hereby authorized and directed
to pay the following amount from the health care stabilization fund for the prosecution and
incarceration of the claimant, who was subsequently acquitted by the state court of appeals,
to the following claimant:

Dr. L. Stan Naramore, D.O., 1701 Pine Street, Harper, KS 67058, c/oRonald R. Hein, Hein & Weir, Chartered, 5845 SW 29th Street, To-peka, KS 66614-2462$83,333.33'';
   And the bill be passed as amended.

 The Committee on Education recommends HB 2655 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.

      The Committee on Federal and State Affairs recommends HB 2581 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL NO. 2581,'' as
follows:

    ``Substitute for HOUSE BILL NO. 2581
  By Committee on Federal and State Affairs


``AN  ACT concerning abortion; relating to partial birth abortion; amending
K.S.A. 1999 Supp. 65-6721 and repealing the existing section.'';
        and the substitute bill be passed.

Sub. HB 2581 was thereupon introduced and read by title.)

      The Committee on Financial Institutions recommends HB 2677 be amended on page
2, in line 9, following ``entities'' by inserting ``, federally chartered instrumentalities of the
United States''; and the bill be passed as amended.

      The Committee on Utilities recommends Substitute for SB 243 be amended on page
1, in line 15, by striking ``1998'' and inserting ``1999'';

      On page 6, in line 15, by striking ``1998'' and inserting ``1999''; in line 36, by striking
``1998'' and inserting ``1999'';

      In the title, in line 11, by striking ``1998'' and inserting ``1999''; and the substitute bill be
passed as amended.

REPORT OF STANDING COMMITTEE
 Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that

   Request No. 75, by Representative Johnson, congratulating Dr. Steve Mosier, named
Veterinarian of the Year by the Kansas Veterinarian Medical Association;

 Request No. 76, by Representative Myers, congratulating Bill and Marilyn Stuhlsatz on
50 years of marriage;

 Request No. 77, by Representative Dreher, congratulating Dorothy Knoles on her 100th
birthday;

 Request No. 78, by Representative Dreher, congratulating Dane Andrew Jones on
achieving Eagle Scout;

 Request No. 79, by Representative Dreher, congratulating Willard and Joyce Brooks on
50 years of marriage;

 Request No. 80, by Representative Krehbiel, congratulating Coach Mark Stucky, Coach
Pat Stucky, Jesse Nathan, Eric Stucky, Jackie Pennington, David Stucky, Mick Krehbiel and
Joel Krehbiel, 2000 Class 3-2-1A State Debate Champions;

 Request No. 81, by Representative Flower, congratulating Shirley Walbridge, for 14
years of outstanding service to the citizens of Jefferson County;

 Request No. 82, by Representative Flower, congratulating Debra Nickels, R.N.,C., for
12 years of outstanding service as Administrator and Health Officer, Jefferson County
Health Department;

 Request No. 83, by Representative Phelps, congratulating Eli Fort for his winning entry
in the ``Kansas Don't Spoil It'' poster contest sponsored by the Kansas Department of Health
and Environment;

 Request No. 84, by Representative Peggy Long, commending the Sedan elementary
students, staff, and Principal Scott Hill for the excellent demonstration before the Senate
Education Committee;

 Request No. 85, by Representative Peggy Long, commending Erin Steinbrink for out-
standing achievement in academics at Washburn University;

 Request No. 86, by Representative Peggy Long, honoring Christina Cooper for her gift
of giving joy to others;

  be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.

   On motion of Rep. Glasscock, the committee report was adopted.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2606 from Committee on Ap-
propriations and referral to Committee on Federal and State Affairs.

 Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were thereupon introduced and read by title:

   HB 2732, An act relating to the Kansas sports hall of fame; providing for the transfer of
specified funds for the support thereof, by Representative Weber.

 HB 2733, An act relating to highways; concerning system enhancements; amending
K.S.A. 1999 Supp. 68-2314a and repealing the existing section, by Committee on Trans-
portation.

 HB 2734, An act concerning solid waste; relating to the disposal thereof; amending K.S.A.
1999 Supp. 65-3402 and 65-3409 and repealing the existing sections, by Representative P.
Long (By Request).

 HB 2735, An act relating to managed care; classifying physicians practicing obstetrics or
gynecology as primary care physicians, by Representative Stone.

 HB 2736, An act regulating traffic; concerning weight limitations; providing for the dis-
position of certain fines for size and weight violations; amending K.S.A. 1999 Supp. 8-1901
and 8-1911 and repealing the existing sections, by Committee on Transportation.

 HB 2737, An act relating to motorcycles; establishing the motorcycle safety education
program; amending K.S.A. 8-267, 8-272, 8-282 and 72-6423 and K.S.A. 1999 Supp. 8-143,
8-145, 71-1508 and 72-5015 and repealing the existing sections, by Committee on Trans-
portation.

 HB 2738, An act concerning municipalities; relating to the powers and duties of the
governing bodies thereof; amending K.S.A. 1999 Supp. 75-6104 and repealing the existing
section, by Committee on Governmental Organization and Elections.

 HB 2739, An act relating to the public employer-employee relations act; concerning
remedies available thereunder; amending K.S.A. 75-4334 and repealing the existing section,
by Committee on Business, Commerce and Labor.

 HB 2740, An act relating to the professional negotiations act; concerning remedies avail-
able thereunder; amending K.S.A. 72-5430a and repealing the existing section, by Com-
mittee on Business, Commerce and Labor.

 HB 2741, An act relating to the Kansas consumer protection act; concerning the defi-
nition of consumer and remedies available thereunder; amending K.S.A. 50-624 and 50-632
and repealing the existing sections, by Committee on Business, Commerce and Labor.

 HB 2742, An act establishing the Kansas certified capital company act, by Representative
Helgerson.

 HB 2743, An act relating to telecommunications; concerning the deployment of en-
hanced universal services; amending K.S.A. 1999 Supp. 66-1,187 and 66-2005 and repealing
the existing sections, by Select Committee on Information Management.

 HB 2744, An act concerning wildlife; relating to prohibition of certain birds from this
state; amending K.S.A. 32-956 and repealing the existing section, by Representative Emp-
son.

   On motion of Rep. Glasscock, the House adjourned pro forma until 9:00 a.m., Friday,
January 28, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.