February 10, 2000

Journal of the House

TWENTY-THIRD DAY
______
Hall of the House of Represenatitives
Topeka, KS, Thursday, February 10, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 123 members present.

 Reps. Dean and Jim Morrison were excused on excused absence by the Speaker.

   Prayer by guest chaplain, Parish Leader Ramona Carlin, New Gottland Lutheran Church,
McPherson, and guest of Rep. Shultz:

               God of the universe, who continues to love the world, lead us from darkness
            to light. As legislators, staff, preachers, prophets, and poets, these are our
            enemies: greed, arrogance, selfishness, undue speed.

             And these things we are: powerful and gifted but overwhelmed, torn,
            exhausted, fragmented.

             These things we ask to receive: courage, appropriate insights and guidance,
            strength, patience, wisdom (more than knowledge), discernment, forgiveness,
            grace, mercy, and the truth.

             These things we give to you: respect, praise, awe, a listening ear, humility,
            trust.

             These things we give to others: understanding, ears that hear, eyes that see
            behind the masks, open minds and hearts, forgiveness, honesty and candor--
            couched in terms of diplomacy and tact, kindness.

             Knowing that a different world can't be built by indifferent people, and
            that there is a time to speak and a time for silence, give us one thing more:
            a grateful heart, as we wait upon the Lord and renew our strength. Amen.

   The Pledge of Allegiance was led by Rep. Myers.

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

   Appropriations: HB 2916, 2927, 2940, 2941, 2942, 2947, 2955.

 Business, Commerce and Labor: HB 2915, 2930, 2933, 2938.

 Economic Development: HB 2929.

 Education: HB 2912, 2913, 2934, 2946, 2953.

 Environment: HB 2937, 2954.

 Federal and State Affairs: HB 2917, 2918, 2922, 2926, 2949.

 Governmental Organization and Elections: HB 2928; HCR 5065; SB 465.

 Health and Human Services: HB 2924, 2932.

 Insurance: HB 2914, 2950, 2951.

 Judiciary: HB 2911, 2935, 2939, 2948, 2952, 2956, 2957; SB 473.

 Local Government: HB 2919, 2920.

 Taxation: HB 2923, 2925, 2936, 2944; HCR 5064.

 Transportation: HB 2921, 2931.

 Utilities: HB 2943, 2945.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills, appearing on the Calendar as ``To Be Referred,'' were referred to
committees as indicated:

 Appropriations: HB 2959, 2965, 2967; HCR 5067.

 Business, Commerce and Labor: HB 2964.

 Economic Development: HB 2971.

 Education: HB 2960, 2961; HCR 5066.

 Federal and State Affairs: HB 2970.

 Health and Human Services: HB 2966.

 Insurance: HB 2963 (separately).

 Judiciary: HB 2958, 2963 (separately), 2969.

 Taxation: HB 2972.

 Transportation: HB 2962.

 Kansas 2000 Select: HB 2968.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2591 from Committee on
Appropriations and referral to Committee on Education and Committee on Utilities,
separately.

 Also, the withdrawal of HB 2883 from Committee on Judiciary and referral to Committee
on Transportation.

 Also, the withdrawal of SB 460 from Committee on Appropriations and referral to
Committee on Kansas 2000 Select.

CONSENT CALENDAR
 Objection was made to HCR 5005 appearing on the Consent Calendar; the resolution
was placed on the calendar under the heading of General Orders.

 No objection was made to SB 375 appearing on the Consent Calendar for the third day.
The bill was advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 SB 375, An act concerning the advisory committee on African-American affairs;
appointments of members; amending K.S.A. 1999 Supp. 74-9902 and repealing the existing
section, was considered on final action.

 On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKinney, Merrick, Minor,
Mollenkamp, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Dean, McKechnie, Jim Morrison, Reinhardt.

 The bill passed.

 HB 2582, An act relating to school buses; concerning head lamps; amending K.S.A. 8-
1725 and K.S.A. 1999 Supp. 8-1730 and repealing the existing sections, was considered on
final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Dean, Jim Morrison.

 The bill passed, as amended.

 HB 2648, An act concerning unclaimed property; relating to canceled state warrants;
amending K.S.A. 58-3955 and 58-3968 and K.S.A. 1999 Supp. 58-3935 and 58-3952 and
repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Dean, Jim Morrison.

 The bill passed, as amended.

 HB 2701, An act concerning school districts; relating to persons authorized to sign
certifications of health of employees; amending K.S.A. 1999 Supp. 72-5213 and repealing
the existing section, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Dean, Jim Morrison.

 The bill passed, as amended.

 SB 316, An act concerning wildlife and parks; relating to certain permits and licensees
and fees therefor; amending K.S.A. 32-901 and 32-919 and K.S.A. 1999 Supp. 32-906 and
32-988 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 63; Nays 60; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bethell, Boston,
Campbell, Carmody, Compton, Cox, Dahl, Empson, Feuerborn, Flower, Freeborn,
Gatewood, Geringer, Glasscock, Hayzlett, Holmes, Horst, Huff, Humerickhouse, Jennison,
Johnson, Phil Kline, Krehbiel, Lane, Light, Lightner, Lloyd, Loyd, Mason, McClure,
McKechnie, McKinney, Judy Morrison, Myers, Neufeld, O'Connor, Osborne, J. Peterson,
Pottorff, Powers, Ray, Reinhardt, Schwartz, Shultz, Sloan, Stone, Storm, Tanner, Tedder,
Thimesch, Tomlinson, Vickrey, Vining, Weber, Wilk.

 Nays: Alldritt, Barnes, Burroughs, Crow, Dreher, Edmonds, Faber, Farmer, Findley,
Flaharty, Flora, Garner, Gilbert, Grant, Gregory, Haley, Helgerson, Henderson, Henry,
Hermes, Howell, Hutchins, Jenkins, Johnston, Kirk, Klein, Phill Kline, Kuether, Landwehr,
Larkin, M. Long, P. Long, Mayans, Mays, McCreary, Merrick, Minor, Mollenkamp, Nichols,
O'Brien, O'Neal, Palmer, Pauls, E. Peterson, Phelps, Powell, Reardon, Rehorn, Ruff, Sharp,
Showalter, Shriver, Spangler, Swenson, Toelkes, Toplikar, Wagle, Weiland, Wells,
Welshimer.

 Present but not voting: None.

 Absent or not voting: Dean, Jim Morrison.

 The bill passed, as amended.


EXPLANATIONS OF VOTE

 Mr. Speaker: I vote no on SB 316. There are no entrance fees for seniors to use National
Parks.

 I vote NO on raising revenue by singling out senior citizens and charging them $15 to
use the state parks. Their taxes helped pay for these facilities during their working lifetime.

 Seniors are on a fixed income without protection against inflation and rising costs for
prescriptions, gasoline, food and utilities.

 I also vote NO on this bill because the double fee for nonresident visitors will harm
tourism in our state which will reduce revenues contemplated from the senior fees.--Gwen
Welshimer

     Mr. Speaker: I vote NO on SB 316. With passage of SB 316, persons with disabilities
would be required to pay half price for annual and temporary State Park motor vehicle
permits. I cannot, in good conscience, support a bill with increased fees for persons with
disabilities while testimony presented stated 60 percent of those with disabilities subsist on
incomes that are below the poverty line.--Becky Hutchins

     Mr. Speaker: I vote ``No'' on SB 316. The policy we've had in our state to honor our
senior citizens by granting free access to our state parks has been in place for more than 30
years. This proposal to fund budget cuts in the Department of Wildlife and Parks on the
backs of our senior citizens and our disabled is short-sighted and sends the entirely wrong
message. Our state's natural resources should be protected and developed and we should
appropriate the money to accomplish that, not penalize a target group of citizens.--
Michael R. O'Neal

 On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Feuerborn in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Feuerborn, Committee of the Whole report, as follows, was adopted:

   Recommended that HB 2355, 2559 be passed over and retain a place on the calendar.

 On motion of Rep. Kuether to amend HB 2662, the motion did not prevail and the bill
be passed.

 Committee report recommending a substitute bill to Sub. HB 2323 be adopted; and the
substitute bill be passed.

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

   Request No. 97, by Representative Wells, commending Beatrice J. Cunningham for 30
years of leadership at Tabernacle Baptist Church;

 Request No. 98, by Representative Jennison, congratulating Warren Weibert and U.S.
Premium Beef for selection as the most innovative beef producers in the U.S. and winners
of the beef industry's Vision Award;

 Request No. 99, by Representative McClure, congratulating Jessica L. Sperry, for
academic honors and membership in the President's Honors Program at Washburn
University;

 Request No. 100, by Representative McClure, congratulating Amy L. Powell, for
academic honors and membership in the President's Honors Program at Washburn
University;

 Request No. 101, by Representative McClure, congratulating Ryan Vanderment for
receiving the Garvey Competitive Scholarship award;

 Request No. 102, by Representative Dreher, congratulating Emerson and Mickey Lynn,
Jr., on 50 years of marriage;

 Request No. 103, by Representative Myers, commending James Schaffer on achieving
Eagle Scout;

 Request No. 104, by Representative Helgerson, commending Bill and Melinda Gates
in recognition of their pledge to help establish a Global Fund for Children's Vaccines;

 Request No. 105, by Representative Toplikar, congratulating Brandi C. Battese, named
to the President's Honors Program at Washburn University;

 Request No. 106, by Representative Phelps, commending Eric Seibel on achieving Eagle
Scout;

 Request No. 107, by Representative Phelps, commending Jeremy Gabel on achieving
Eagle Scout;

 Request No. 108, by Representative Loyd, congratulating Mac Payne for receiving the
1999 Award of Merit, Garden City Area Chamber of Commerce;

 Request No. 109, by Representative Loyd, commending Tammy R. Lalicker, Kansas
Teacher of the Year 2000 finalist;

 Request No. 110, by Representative Loyd, congratulating Mitzi Trooien, named to the
2000 All-Kansas Academic Team;

 Request No. 111, by Representative Loyd, congratulating Tara Beasel, named to the
2000 All-Kansas Academic Team;

 Request No. 112, by Representative M. Long, congratulating Joseph A. Zahnter on
achieving Eagle Scout;

 Request No. 113, by Representative Loyd, congratulating Meg Goodman, for qualifying
for the National Forensic League debate tournament in June, 2000, in Portland, Oregon;

 Request No. 114, by Representative Loyd, congratulating Travis Weller, for qualifying
for the National Forensic League debate tournament in June, 2000, in Portland, Oregon;

 Request No. 115, by Representative Alldritt, congratulating Gertrude McCracken on
her 102nd birthday;

 Request No. 116, by Representative Phelps, congratulating Steve Mosier, named Kansas
Veterinarian of the Year;

 Request No. 117, by Representative Crow, commending Joe Abbott for dedication and
fine service to the Leavenworth business community during his tenure as President of the
Leavenworth-Lansing Chamber of Commerce;

 Request No. 118, by Representative Crow, commending Felix Derezinski on his
selection as Leavenworth Main Street Volunteer of the Year;

 Request No. 119, by Representative Adkins, commending Colleen Weaver in
recognition of her service to the citizens of Kansas and in appreciation for her service to
the Kansas Legislature;

 Request No. 120, by Representative Loyd, congratulating William D. Witt for placing
first in the National American Optometric Student Association Optometry Super Bowl;

 Request No. 121, by Representative Pottorff, congratulating Garrett Green on achieving
Eagle Scout;

  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.

 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 2973, An act concerning grain storage; relating to public warehouses; amending
K.S.A. 34-237 and 34-2,111 and K.S.A. 1999 Supp. 34-228, 34-229, 34-230, 34-236, 34-273
and 34-2,104 and repealing the existing sections, by Committee on Agriculture.

 HB 2974, An act concerning wildlife; relating to big game permits; purchase, sale and
transfer thereof; report of property damage; amending K.S.A. 1999 Supp. 32-937 and
repealing the existing section, by Committee on Agriculture.

 HB 2975, An act concerning wildlife; relating to hunting on land by permission only;
amending K.S.A. 32-1013 and repealing the existing section, by Committee on Agriculture.

 HB 2976, An act concerning wildlife; relating to penalty for taking trophy big game;
amending K.S.A. 32-1032 and repealing the existing section, by Committee on Agriculture.

 HB 2977, An act concerning wildlife; relating to big game permits; amending K.S.A.
1999 Supp. 32-937 and repealing the existing section, by Committee on Agriculture.

 HB 2978, An act concerning the crime of stalking; amending K.S.A. 21-3438 and
repealing the existing section, by Select Committee on Information Management.

 HB 2979, An act prohibiting seduction of a minor by certain means; providing penalties
for violations, by Select Committee on Information Management.

 HB 2980, An act concerning criminal procedures; relating to confessions admissible as
evidence; amending K.S.A. 22-3215 and repealing the existing section, by Committee on
Judiciary.

 HB 2981, An act concerning medical care facility professional staff; amending K.S.A. 65-
431 and repealing the existing section, by Committee on Health and Human Services.

   On motion of Rep. Glasscock, the House adjourned pro forma until 9:00 a.m., Friday,
February 11, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.