February 14, 2000

Journal of the House

TWENTY-FIFTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Monday, February 14, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 118 members present.

 Rep. O'Connor was excused on verified illness.

 Reps. Barnes, Crow, Edmonds, Helgerson, Howell and Phill Kline were excused on
excused absence by the Speaker.

 Present later: Reps. Crow and Edmonds.

   Prayer by Chaplain Svoboda:

              Loving God

              be with us this Valentine's Day
              as we do our work in this place.
              Help us to remember
              that you call us to love You,
              love ourselves,
              love our neighbors,
              and even to love our enemies.
              Guide our minds
              so that the laws we build here
              will reflect the love to which you call us.
            In Jesus' Name, Amen.

   The Pledge of Allegiance was led by Rep. Findley.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bill was introduced and read by title:

   HB 2986, An act relating to crimes and punishments; concerning the theft of motor fuel;
penalties; amending K.S.A. 1999 Supp. 8-255 and repealing the existing section, by
Committee on Federal and State Affairs.

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

   Economic Development: SB 451.

 Environment: HB 2985; SCR 1630.

 Federal and State Affairs: SB 475.

 Financial Institutions: SB 457, 459.

 Insurance: SB 440, 441, 444.

 Judiciary: HB 2982; SB 420, 504.

 Taxation: SB 378, 379.

 Utilities: HB 2983, 2984.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2251 from Committee on
Environment and referral to Committee on Appropriations.

MESSAGE FROM THE GOVERNOR
  February 11, 2000


Message to the House of Representatives of the State of Kansas:

    Enclosed herewith is Executive Order No. 00-03 for your information.

  EXECUTIVE ORDER NO. 00-03
  Comprehensive Review of all Agency Rules and Regulations


                                                                                    Bill Graves

                                                                                    Governor

   The above Executive Order is on file and open for inspection in the office of the Chief
Clerk.

CONSENT CALENDAR
 No objection was made to HB 2659, 2781 appearing on the Consent Calendar for the
first day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Sub. HB 2323, An act concerning state agencies; relating to the payment of fees, tuition
and other charges, was considered on final action.

 On roll call, the vote was: Yeas 108; Nays 10; Present but not voting: 0; Absent or not
voting: 7.

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

 Nays: Dean, Faber, Garner, Landwehr, P. Long, Loyd, Nichols, Pottorff, Shriver, Vickrey.

 Present but not voting: None.

 Absent or not voting: Barnes, Crow, Edmonds, Helgerson, Howell, Phill Kline, O'Connor.

 The substitute bill passed.

 HB 2662, An act concerning the general bond law; relating to the sale of bonds; amending
K.S.A. 1999 Supp. 10-106 and repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dean, Dreher, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood,
Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Hermes,
Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston,
Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd,
M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld,
Nichols, O'Brien, 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: Barnes, Crow, Edmonds, Helgerson, Howell, Phill Kline, O'Connor.

 The bill passed.

 The House stood at ease until the sound of the gavel.

______
 Speaker pro tem Mays called the House to order.

REPORTS OF STANDING COMMITTEES
      The Committee on Judiciary recommends HB 2601 be passed.

      The Committee on Judiciary recommends HB 2450, as amended by House Committee,
be amended on page 1, by striking lines 15 through 33 and inserting the following:

      ``Section  1. K.S.A. 1999 Supp. 20-158 is hereby amended to read as follows: 20-158.
The chief justice of the supreme court shall be responsible for the preparation of the budget
for the judicial branch of state government, with such assistance as the chief justice may
require from the judicial administrator, the chief judge of the court of appeals and the chief
judge of each judicial district. Each district court and the court of appeals shall submit their
budget requests to the chief justice in such form and at such time as the chief justice may
require. The chief justice shall submit to the director of the budget the annual budget
request for the judicial branch of state government for inclusion in the annual budget
document governor's budget report for appropriations for the judiciary. Such budget shall
be prepared and submitted as a budget estimate in the manner provided by K.S.A. 75-3716
and 75-3717 and amendments thereto. Such budget shall include the request for
expenditures for retired justices and judges performing judicial services or duties under
K.S.A. 20-2616 and amendments thereto as a separate item therein. The director of the
budget shall review and may make such recommendations to the legislature for proposed
changes in such budget as the director deems necessary and appropriate.'';

      Also on page 1, in line 34, by striking ``1998 Supp.'';

      On page 2, in line 17, by striking ``1998 Supp.'';

      On page 3, in line 43, by striking ``20-158''; also in line 43, by striking the comma; also
in line 43, after ``75-3721'', by inserting ``and K.S.A. 1999 Supp. 20-158'';

      On page 1, in line 11, by striking ``20-158,'' in lines 12, after ``and'' by inserting ``K.S.A.
1999 Supp. 20-158 and''; and the bill be passed as amended.

      The Committee on Judiciary recommends HB 2596 be amended on page 1, in line 30,
before ``trade'', by striking the comma and by inserting ``or''; in line 31, by striking all after
``name''; in line 32, by striking all before the period, and by inserting ``as such terms are
defined in K.S.A. 1999 Supp. 81-202, and amendments thereto''; and the bill be passed as
amended.

      The Committee on Judiciary recommends HB 2684 be amended on page 2, in line 8,
before ``Any'' by inserting ``(a)''; in line 9, after ``state'', by inserting ``or the United States
supreme court''; in line 10, after ``exercise'', by inserting ``or deny''; in line 11, after ``by'',
by inserting ``a''; following line 12, by inserting

      ``(b) The limitation herein shall be extended only to prevent a manifest injustice.''; and
the bill be passed as amended.

      The Committee on Judiciary recommends HB 2772 be amended on page 2, in line 37,
by striking all after ``(p)''; by striking all of line 38; in line 39, by striking ``mental entity.'';
in line 40 after ``partnership'' by inserting ``, governmental''; also in line 40 by striking
``business''; also in line 40, by striking ``or governmental entity''; and the bill be passed as
amended.

      The Committee on Utilities recommends HB 2826 on page 6, in line 2, by inserting
``statute book' and inserting ``Kansas register''; be amended and the bill be passed as
amended.

   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 bill was thereupon introduced and read by title:

   HB 2987, An act concerning the equus beds region; prohibiting issuance of certain
permits for confined feeding facilities for swine, water supply systems, waste water treatment
facilities and public water supply systems, by Committee on Taxation.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, February
15, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.