February 16, 2000

Journal of the House

TWENTY-SEVENTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Wednesday, February 16, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 124 members present.

 Rep. Kirk was excused on verified illness.

 Rep. Howell was excused later on excused absence by the Speaker.

   Prayer by guest chaplain, Chaplain (Maj) Roger L. Armstead, U.S. Army, Army Command
and General Staff College Chaplain, Fort Leavenworth, and guest of Rep. Ruff:

               Lord God you are everywhere, present in all creation by your power and
            providential care. In a special way you are present in humankind represented
            by the nations here today known as the international officers of the Army
            Command and General Staff College of Fort Leavenworth, Kansas. So we
            pause during the assembly of the Kansas House of Representatives to
            acknowledge our gratitude and thanks for your presence in our lives and our
            world. Today we remember the life and legacy of Derrick Thomas and offer
            our prayers for his family and friends. Now Lord God bless this illustrious
            group who represent the great state of Kansas, grant them wisdom in all they
            say and do. Bless our troops wherever they may be. Protect them Lord God
            and keep them safe. Bless our national leaders and grant them your divine
            counsel. Now Lord bless the USA and may this great nation always be one
            under God with liberty and justice for all. Amen.

 The Pledge of Allegiance was led by Rep. Flaharty.

INTRODUCTION OF GUESTS
 Special guests of the day were the International Officers from the Command and General
Staff College, Fort Leavenworth.

   Rep. Crow addressed the following remarks:

 It is indeed my honor and privilege to welcome the class of international officers for the
Year 2000 to the Kansas House of Representatives, the people's house. Welcome to our
House and welcome to our home, Kansas. On behalf of our state and our home community
of Leavenworth County, we are proud to host you during this year, along with many of your
families, while you attend the Fort Leavenworth Command and General Staff College.

 These 90 young officers from 81 countries come to our country for a year of intensive
study at what is the finest senior tactical school in the world. At Fort Leavenworth, you and
your American officer-classmates walk the paths where Custer, Grant, Sherman, MacArthur,
Patton, Eisenhower and Colin Powell walked. From your group, as from past classes, there
will probably be future heads of state, cabinet members, ambassadors and military leaders
in countries around the world.

 During their stay in our community, both military and civilian families will sponsor the
international officers and their family members. We are indeed privileged in Leavenworth
to host not only these fine officers but their wives and children. They live in our
neighborhoods, shop in our stores, and attend our schools. They enrich our community by
sharing with us their culture, their countries and their friendship. I traveled with my military
family to foreign assignments during my childhood. I know that it is difficult for your wives
and children to be far away from their home and family. I hope that each of you and
members of your families will benefit from living in our country and enjoy your tour here,
because we are so much richer for having all of you with us.

 Enjoy your visit in our Capitol today and, when you return to your family, please tell your
wives and children that we are pleased to have you as our guests. I am indeed proud to
welcome 90 of the world's greatest officers to our state, to our capitol and to our
Representative Hall.

   Rep. Ruff addressed the following remarks:

 Welcome International Officers at Fort Leavenworth. Indeed, the world is much smaller
and more easily understood because of your visit here today.

 Now, I would like to share with you the 81 countries represented here today.

   Albania--Major Agron Sharra

 Argentina--Major Juan Adrian Campitelli

 Australia--Major Anthony Bywater, Major Philip Swinsburg

 Bahrain--Major Saad Ghali Rashid Mubarak

 Bangladesh--Major Mohammad Humayun Kabir

 Belgium--Major Frederik Derolez

 Benin--Captain Fructueux Candide Gbaguidi

 Bosnia and Herzegovina --Major Blaz Ivanda

 Botswana--Lieutenant Colonel Therego Seretse

 Brazil--Lieutenant Colonel Arthur Maciel Motta

 Bulgaria--Captain Gueorgui Stankov Stankov

 Canada--Major Charles Douglas Claggett, Major Francois Vaillancourt

 Chile--Major Juan C. Nunez Bustamante

 Colombia--Lieutenant Colonel William Cruz Perdomo

 Croatia--Lieutenant Colonel Berislav Sipicki

 Czech Republic--Lieutenant Colonel Jiri Pail

 Denmark--Major Jens Riis-Vestergaard

 Djibouti--Captain Abdoulgabar Ibrahim Hassan

 Egypt--Lieutenant Colonel Abdel-Raouf Mohamed Hegazi, Major Khaled Samir Ali
Kadry

 Estonia--Major Indrek Sirel

 Former Yugoslavian Republic of Macedonia--Captain Zoran Sekulovski

 France--Major Richard Lakin

 Germany--Lieutenant Colonel Kay Brinkmann, Lieutenant Colonel Uwe Friedrich
Jansohn

 Ghana--Major Franklin Kobia Vowotor

 Greece--Major Thomaidis Dimitrios

 Guyana--Lieutenant Colonel Gordon Michael Anthony Benn

 Hungary--Major Sandor Kosa

 Israel--Lieutenant Colonel Amnon Eshel

 Italy--Captain Luigi Carpineto

 Ivory Coast--Major Yao Adjoumani

 Jamaica--Major Antony Bertram Anderson

 Japan--Lieutenant Colonel Takashi Motomatsu

 Jordan--Lieutenant Colonel Ziad Qasem Hmaid Awaidat, Major Fayez Hamed Abdo
Shdaifat

 Kazakstan--Lieutenant Colonel Marat Amanov

 Kenya--Major Charles Mwangi Kangethe

 Korea--Major Yong Jae Lee, Major Moo Bong Ryoo

 Kuwait--Major Fahed Refai M. Al-Shelaimi

 Latvia--Major Igors Rajevs

 Lithuania--Captain Andriejus Grachauskas

 Malawi--Lieutenant Colonel Henry Bwanali Kasamale

 Malaysia--Major Mardzuki bin Muhammad

 Mali--Major Bourama Sangare

 Mexico--Major Adalberto Sergio Rojas-Mira

 Moldova--Captain Vitalie Marinuta

 Morocco--LCDR Rhanemi Abdallatif

 Namibia--Lieutenant Colonel Daniel N. Kayoo

 Nepal--Major Himanshu Khadka

 Netherlands--Major Reinout Alexander Schravendeel

 New Zealand--Major Garry Peter Brosnan

 Norway--Major Bjorn Tore Solberg

 Oman--Major Said Mubarik Ali Al-Shamali

 Pakistan--Major Hafiz Masroor Ahmed

 Philippines--Lieutenant Colonel Arturo B. Ortiz

 Poland--Major Zdzislaw Sliwa

 Portugal--Lieutenant Colonel Mauricio Simao Tendeiro Raleiras

 Qatar--Major Nasser Mohanna Al-Rumaihi

 Romania--Major Valentin Spataru

 Rwanda--Lieutenant Colonel Charles Runigababisha Kayonga

 Saudi Arabia--Lieutenant Colonel Ahmed Mohammed Ali Al-Saeid, Lieutenant Colonel
Ahmed Y.A. Al-Thagfi, Major Saad M.E. Al-Harthi

 Senegal--Captain Mbaye Cisse

 Singapore--Major Siow Terry Meng Meng

 Slovak Republic--Major Ivan Pach

 Slovenia--Lieutenant Colonel Peter Zakrajsek

 Spain--Major Fernando Aznar

 Sri Lanka--Lieutenant Colonel Nanediri U.M.M.W. Senanayake

 Sweden--Lieutenant Colonel Nil Peter Valdemar Adolfsson

 Switzerland--Colonel Walter Baehler

 Taiwan--MR Arnold Hou Jeeng-Min

 Thailand--Lieutenant Colonel Songwit Noonpackdee, Major Lertrit Chongwarin

 Trinidad and Tobago--Lieutenant Colonel Ancil W. Antoine

 Tunisia--Major Salem Lassoued

 Turkey--Major Rafet Sevinc Sasmaz

 Uganda--Lieutenant Colonel Charles Angina

 Ukraine--Major Serhii Nebrat

 United Arab Emirates--Major Hamdan Ahmed Hamdan Al Zeyoudi

 United Kingdom--Major Graham John Lawrence, Major Douglas McKenzie Chalmers

 Uzbekistan--Major Ilkhomjon Toorsunov

 Venezuela--Lieutenant Colonel Miguel Angel Prieto Morales, Lieutenant Colonel Hector
Luis Coronado Bogarin

 Zimbabwe--Lieutenant Colonel Kennedy Makavanga

   Remarks by Rep. Wilk:

 Mr. Speaker and members of the Kansas House of Representatives. I want to add my
voice of welcome to our visitors. It is indeed an honor to have representatives from so many
countries and cultures from around the world visit the Legislature today, and to visit our
State of Kansas, for nearly a year, while they attend the Command and General Staff College.
I would suggest to my colleagues that the Command and General Staff College is the
ultimate tourist attraction in the State!

 To the officers in the gallery, we want you to know how much we appreciate your service
and the service and commitment of your families. Though most of you are from thousands
a miles away, whether from near or far, we share the support and love of family. Each of
your families makes a sacrifice for your service. To the officers who have family members
who are able to be with you in Leavenworth, please pass along our warm and sincere
welcome. To those officers who are not able to have their families with them, but have
family back home waiting for your return, please let them know we recognize and appreciate
their dedication and sacrifice. We all owe a debt of gratitude to you and your families for
the service and leadership you provide the world community.

 To my colleagues, I want to take this opportunity to remind you that this year we will
have the opportunity to pay a return visit to our friends in the gallery. I know some of you
would like to make the world tour and visit each of the countries represented. Unfortunately,
we do not have the time, nor the legislative budget, to support such a tour. I suspect such
a tour would be well attended! So, we have arranged the next best option. On March 1,
2000 we will have a legislative visit to Fort Leavenworth, with a special stop at the Command
and General Staff College. Part of that visit will include lunch with the allied officers. I hope
each of you can make the visit. To my friends in the gallery, we look forward to our trip on
March 1st.

 It is now my pleasure to introduce Colonel Jon Moilanen. Col. Moilanen is the Dean of
Students and Administration at the U.S. Army Command and General Staff College, Fort
Leavenworth, KS. Col. Moilanen recently served as Director, School for Command
Preparation, and Chief of Staff, Task Force Training Leader Development Soldiers at the
College. Col. Moilanen.

   Remarks by Colonel Moilanen:

 Thank you for welcoming the international students of the Command and General Staff
Officers Course--the class of 2000. There are 90 officers here representing our international
partners from Albania to Zimbabwe. Class members change annually, for example, this year
for the first time, Uzbekistan has an officer attending the course.

 On behalf of the Commander of the Combined Arms Center and Fort Leavenworth, and
the Commandant of the Command and General Staff College, Lieutenant General Mike
Steele, thank you for hosting us today.

 This opportunity to witness state government in action is an exceptional opportunity to
improve understanding, exchange opinions, and grow as an international and global
community. Our international officers continue a long legacy of excellence in leadership.
Of the over 6000 foreign graduates, 24 have served their nation as head of state, 306 became
ministers, ambassadors and representatives of their countries. Predecessors of this class also
include almost 300 Chiefs of Staff, while over 2200 became general officers.

 Leaders here today from the class of 2000, some in the near future, will be senior leaders
serving their nations around the world.

 One year has passed since we last visited with you. Since then, much has changed around
the world and much has changed in our army. Global tensions and missions expand our role
as an army. Tasks can span humanitarian assistance and disaster relief, military contingencies
on an international scale, and the primary role of our nation's military forces to preserve
peace, deter aggression, and when necessary--fight and win our nation's wars.

 Today, our army is transforming the way it operates. Providing relevant land forces with
capabilities to rapidly deploy and be strategically responsive are fundamental to success.
Yet, we know that confident and competent leaders, soldiers, and teams are the bedrock of
sustained readiness.

 Current realities around the world demonstrate our nation's commitment to stability and
support in regions such as Kosovo, the Far East, the Americas, and emerging nations across
other continents. A common thread of challenge is the ever-increasing complexity and
ambiguity of conditions which confront our young leaders.

 Our national security strategy describes the role that the U.S. military plays in building
coalitions and shaping the international environment. That responsibility is fulfilled, in part,
through peacetime engagement activities such as defense cooperation, security assistance,
and training and exercises with allies and friends.

 Fort Leavenworth is renowned as the intellectual center of our army! This training and
educational renown is national, international, and global in scope. A key aspect of the skills,
education, and awareness that our U.S. and international officers and families exchange,
occurs here in Kansas and abroad.

 Professional and personal friendships abound now, and will continue into the future. You,
as citizens and elected officials, are an integral part of this growth among allies and friends.

 Allies and friends. These descriptions characterize the officers that join you today and the
relationships our respective countries enjoy. Your warm welcome reinforces those bonds.

 Our trip here is part of the informational program provided to the international students,
designed to expose them to democratic ideals of an elected government and effective civil-
military relations. The State of Kansas exemplifies this leadership and cooperation. You help
citizens and soldiers alike in promoting the value of our democratic lifestyle, our
government, and our training and education of leaders in the heartland of the United States.

 How can we help each other?

 The Command and General Staff College has developed a community informational
program entitled ``Service to the Nation.'' We have Majors from the Command and General
Staff Officers Course ready to visit civic organizations in your constituencies to present and
discuss the military, leadership, and the army's value in a changing society. This enhances
an informed and supportive citizenry and military. This program is a practical and interesting
means for our officers to interact with your community leaders. Leaders, both military and
community, will gain a better appreciation of how local organizations and our military can
work together to strengthen fundamental American values.

 Our Public Affairs Office at Fort Leavenworth looks forward to scheduling a presentation
at your local Chambers of Commerce, high schools, civic organizations, and other
appropriate gatherings. We need your help to share the good news.

 This visit is one of several clear demonstrations of our democracy in action. Thank you
very much for this educational opportunity to see elected leaders of state government in
action for Kansas.

 We look forward to returning your hospitality when some of you visit us at Fort
Leavenworth next month. For others, come visit us at Fort Leavenworth when your
schedules allow. Share in the educational experience of young leaders in a changing army--
we are America's army--the army--your army.

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

   HB 2990, An act relating to the dental practices act; amending K.S.A. 1999 Supp. 65-
1466 and repealing the existing section, by Committee on Appropriations.

 HB 2991, An act concerning certain counties; relating to law enforcement; amending
K.S.A. 19-4470 and 19-4471 and repealing the existing sections, by Committee on Federal
and State Affairs.

 HB 2992, An act concerning adult care homes; concerning the abuse, neglect or
exploitation of residents thereof; amending K.S.A. 1999 Supp. 39-1402 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:

   Education: HB 2989.

 Federal and State Affairs: HCR 5068.

 Health and Human Services: HB 2988.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2718 from Committee on
Kansas 2000 Select and referral to Committee on Appropriations.

 Also, the withdrawal of HB 2864 from Committee on Local Government and referral to
Committee on Appropriations.

 Also, the withdrawal of HB 2628 from Committee on Governmental Organization and
Elections and referral to Committee on Local Government.

CONSENT CALENDAR
 No objection was made to HB 2844, 2854, 2862, 2928 appearing on the Consent
Calendar for the first day.

 No objection was made to HB 2659, 2781 appearing on the Consent Calendar for the
third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2659, An act concerning public wholesale water supply districts; relating to the
powers and duties thereof; amending K.S.A. 19-3545 and 19-3552 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, Dean,
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, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, 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,
Jim Morrison, 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: Howell, Kirk.

 The bill passed.

 HB 2781, An act concerning the state corporation commission; relating to application of
certain penalties; amending K.S.A. 1999 Supp. 55-164 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, Dean,
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, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, 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,
Jim Morrison, 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: Howell, Kirk.

 The bill passed.

 Sub. HB 2688, An act relating to income taxation; concerning venture capital; enacting
the Kansas certified capital formation company act; providing a credit therefrom for certain
food locker plant expenses, was considered on final action.

 On roll call, the vote was: Yeas 92; Nays 31; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston,
Campbell, Compton, Cox, Dahl, Dean, Dreher, Edmonds, Feuerborn, Findley, Flaharty,
Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Gregory,
Hayzlett, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson,
Johnston, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, Light, Lightner, Lloyd,
M. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Judy Morrison, Neufeld, Nichols, O'Brien, O'Neal, Osborne, Pauls, E.
Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reinhardt, Ruff, Schwartz,
Showalter, Shriver, Shultz, Sloan, Stone, Swenson, Tanner, Tedder, Thimesch, Toplikar,
Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Aurand, Ballou, Burroughs, Carmody, Crow, Empson, Faber, Farmer, Grant,
Haley, Helgerson, Henderson, Henry, Hermes, Klein, Landwehr, P. Long, Mollenkamp,
Jim Morrison, Myers, O'Connor, Palmer, Reardon, Rehorn, Sharp, Spangler, Storm,
Toelkes, Tomlinson, Vickrey, Vining.

 Present but not voting: None.

 Absent or not voting: Howell, Kirk.

 The substitute bill passed, as amended.


EXPLANATION OF VOTE

 Mr. Speaker: The state has a structural financial deficit and it seems to be getting worse.
Last year, the legislature and Governor appropriated over $460 million more money than
we received in taxes. This year we began the process of righting the state financial position
but legislative research now estimates that for the next four years, we will have only an
additional $95 million.

 While I am supportive of the bill, we don't have the financial reserves for more tax breaks
at this time. The priorities we set now, determine the waiting lists for services in the future.
I vote no on Sub. HB 2688.--Henry M. Helgerson, Jr.

   HB 2756, An act repealing K.S.A. 75-5655; concerning the commission on epilepsy, was
considered on final action.

 On roll call, the vote was: Yeas 119; Nays 4; 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, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Johnston, 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, Jim Morrison, Judy
Morrison, Myers, Neufeld, 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: Feuerborn, Klein, McKechnie, Nichols.

 Present but not voting: None.

 Absent or not voting: Howell, Kirk.

 The bill passed.

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

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

   Recommended that committee report to HB 2641 be adopted; also, on motion of Rep.
Johnston be amended on page 2, following line 1, by inserting the following:

      ``(c) From and after the effective date of this act and prior to July 1, 2001, a law
enforcement officer shall issue a warning citation to anyone violating the provisions of
subsection (b).'';

      Also on page 2, in line 2, by striking ``(c)'' and inserting ``(d)'';

 Also, on motion of Rep. Klein to amend HB 2641, the motion did not prevail. Also, on
motion of Rep. Huff to amend, the motion did not prevail, and the bill be passed as
amended.

 Committee report to HB 2826 be adopted; and the bill be passed as amended.

 Committee report to HB 2258 be adopted; and the bill be passed as amended.

 Committee report to HB 2782 be adopted; and the bill be passed as amended.

 On motion of Rep. Faber HCR 5005 be amended on page 1, in line 25, after ``products''
by inserting ''; and

      WHEREAS,  Monopoly power, whether it arises in industry, labor, finance, agriculture
or government, is a threat to our competitive enterprise system and the individual freedom
of every American; and

      WHEREAS,  An effective antitrust policy and program should include clarification of
farmer cooperatives' rights to encourage the development of cooperatives and producer
bargaining associations; and

      WHEREAS,  The continued mergers of agribusiness firms that supply input products,
process meats and purchase farm commodities are reducing firms to the level that the free
enterprise system that is based on competition is greatly threatened; and

      WHEREAS,  The Kansas legislature is opposed to mergers, acquisitions or leveraged
buyouts which tend to create a monopoly of production, production inputs, marketing,
processing and transportation situations or which reduce competition in production inputs,
acquiring, pricing, processing or transportation of commodities and products'';

      Also on page 1, after line 30, by inserting:

      ``Be it further resolved: That Congress pass a moratorium on agribusiness and agricultural
mergers and acquisitions until such a time that new rules to govern structural changes are
in place; and

      Be it further resolved: That the United States department of justice immediately
investigate the mergers that are occurring in the agricultural industry and action that will
protect producer interests be taken when needed that will stop this trend; and

      Be it further resolved: That Congress, in conjunction with the U.S. department of
justice, should continue to monitor the agricultural industry for antitrust abuse and make
sure that the current process is successful in maintaining a needed level of competition;
and'';

      Also on page 1, in line 32, after ``to'' by inserting ``the President of the United States,'';
also in line 32, after ``President'' by inserting ``, Majority Leader and Minority Leader''; in
line 33, after ``Speaker'' by inserting ``, Majority Leader and Minority Leader''; in line 34,
after ``State'' by inserting ``, the Secretary of the United States Department of Agriculture,
the Attorney General of the United States'';

      Also on page 1, in the title, in line 10, after ``products'' by inserting ``and to pass a
moratorium on agribusiness and agricultural mergers and acquisitions''; and HCR 5005 be
adopted as amended.

 Committee report to HCR 5050 be adopted; also, on motion of Rep. Weiland be
amended on page 1, in line 19, after the stricken material by inserting ``; and''; in line 23,
before the colon, by inserting:

      ``WHEREAS, Currently, annually, only 1,000 poultry may be slaughtered at home and
offered for sale to the consumer; and

      WHEREAS, To meet current consumer demand, such number should be increased to
3,000 poultry'';

      Also on page 1, after line 28, by inserting:

      ``Be it further resolved: That Congress pass legislation increasing the number of poultry
to be slaughtered at home from 1,000 to 3,000; and'';

      Also on page 1, in the title, in line 13, after the stricken material, by inserting ``and to
pass legislation increasing the number of poultry to be slaughtered at home and offered for
sale to the consumer''; and HCR 5050 be adopted as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Economic Development recommends HCR 5059 be adopted.

      The Committee on Economic Development recommends HB 2832 be amended on
page 1, in line 37, after ``closure'' by inserting ``or the substantial reduction''; and the bill
be passed as amended.

 The Committee on Environment recommends HB 2727 be passed.

      The Committee on Environment recommends HB 2103 be amended on page 1, in line
18, after ``shall'' by inserting ``attest to or''; by striking all in line 21; in line 22, by striking
``ucation course'' and inserting ``If such person is not required by law to obtain a hunting
license or is less than 27 years of age, the person''; in line 31, by striking ``statute book'' and
inserting ``Kansas register''; and the bill be passed as amended.

      The Committee on Federal and State Affairs recommends HB 2653 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2653,'' as
follows:

``Substitute for HOUSE BILL No. 2653
  By Committee on Federal and State Affairs


AN  ACT concerning crimes and punishments; creating the crime of unlawful sale of
tickets and prescribing the penalty therefor.'';
        and the substitute bill be passed.

  (Sub. HB 2653 was thereupon introduced and read by title.)

      The Committee on Governmental Organization and Elections recommends HB
2328 be amended on page 1, by striking all in lines 14 through 43;

      On page 2, by striking all in lines 1 through 43;

      On page 3, by striking all in lines 1 through 43;

      On page 4, by striking all in lines 1 through 27 and inserting:

      ``Section  1. K.S.A. 1999 Supp. 25-1122 is hereby amended to read as follows: 25-1122.
(a) Any registered voter may file with the county election officer where such person is a
resident, or where such person is authorized by law to vote as a former precinct resident,
an application for an advance voting ballot. The signed application may be transmitted to
the county election officer by facsimile shall be transmitted only to the county election
officer.

      (b) Applications for advance voting ballots to be transmitted to the voter by mail shall
be filed only at the following times:

      (1) For the primary election occurring on the first Tuesday in August in even-numbered
years, between April 1 of such year and the last business day of the week preceding such
primary election.

      (2) For the general election occurring on the Tuesday succeeding the first Monday in
November in even-numbered years, between 90 days prior to such election and the last
business day of the week preceding such general election.

      (3) For the primary election held five weeks preceding the first Tuesday in April,
between January 1 of the year of such election and the last business day of the week
preceding such primary election.

      (4) For the general election occurring on the first Tuesday in April, between January 1
of the year of such election and the last business day of the week preceding such general
election.

      (5) For question submitted elections occurring on the date of a primary or general
election, the same as is provided for ballots for election of officers at such election.

      (6) For question submitted elections not occurring on the date of a primary or general
election, between the time of the first published notice thereof and the last business day of
the week preceding such question submitted election, except that if the question submitted
election is held on a day other than a Tuesday, the county election officer shall determine
the final date for mailing of advance voting ballots, but such date shall not be more than
three business days before such election.

      (7) For any special election of officers, at such time as is specified by the secretary of
state.

      (8) For the presidential preference primary, between January 1 of the year in which
such primary is held and the last business day of the week preceding such primary election.

      The county election officer of any county may receive applications prior to the time
specified in this subsection (b) and hold such applications until the beginning of the
prescribed application period. Such applications shall be treated as filed on that date.

      (c)  Unless an earlier date is designated by the county election office, applications for
advance voting ballots transmitted to the voter in person in the office of the county election
officer shall be filed on the Tuesday next preceding the election and on each subsequent
business day until no later than 12:00 noon on the day preceding such election. If the county
election officer so provides, applications for advance voting ballots transmitted to the voter
in person in the office of the county election officer also may be filed on the Saturday
preceding the election. Upon receipt of any such properly executed application, the county
election officer shall deliver to the voter such ballots and instructions as are provided for in
this act.

      In any county having a population exceeding 250,000, the county election officer may
designate places other than the central county election office as satellite advance voting
sites. At any satellite advance voting site, a registered voter may obtain an application for
advance voting ballots, such ballots and instructions shall be delivered to the voter in the
same manner and subject to the same limitations as otherwise provided by this subsection.

      (d) Any person having a permanent physical disability or an illness which has been
diagnosed as a permanent illness is hereby authorized to make an application for permanent
advance voting status. Applications for permanent advance voting status shall be in the form
and contain such information as is required for application for advance voting ballots and
also shall contain information which establishes the voter's right to permanent advance
voting status.

      (e) On receipt of any application filed under the provisions of this section, the county
election officer shall prepare and maintain in such officer's office a list of the names of all
persons who have filed such applications, together with their correct post office address and
the precinct, ward, township or voting area in which such persons claim to be registered
voters or to be authorized by law to vote as former precinct residents and the present
resident address of each applicant. Such names and addresses shall remain so listed until
the day of such election. The county election officer shall maintain a separate listing of the
names and addresses of persons qualifying for permanent advance voting status. All such
lists shall be available for inspection upon request in compliance with this subsection by any
registered voter during regular business hours. The county election officer upon receipt of
such applications shall enter upon a record kept by such officer the name and address of
each applicant, which record shall conform to the list above required. Before inspection of
any advance voting ballot application list, the person desiring to make such inspection shall
provide to the county election officer identification in the form of driver's license or other
reliable identification and shall sign a log book or application form maintained by such officer
stating such person's name and address and showing the date and time of inspection. All
records made by the county election officer shall be subject to public inspection, except
that the identifying number on ballots and ballot envelopes and records of such number
shall not be made public.'';

      By renumbering sections accordingly;

      Also on page 4, in line 28, by striking ``1998'' and inserting ``1999'';

      On page 5, in line 17, by striking ``1998 Supp. 25-1122, 25-1124'' and inserting ``1999
Supp. 25-1122'';

      In the title, in line 10, by striking ``1998 Supp. 25-1122, 25-1124'' and inserting ``1999
Supp. 25-1122''; and the bill be passed as amended.

      The Committee on Insurance recommends HB 2652 be amended on page 1, after line
32, by inserting the following:

      ``(3) ``Counterparty'' means the business entity with which a life insurance company
enters into financial instrument transactions.'';

      Also on page 1, in line 33, by striking ``(3)'' and inserting ``(4)''; in line 36, by striking ``(4)''
and inserting ``(5)'';

      On page 2, in line 4, by striking ``(5)'' and inserting ``(6)''; in line 6, by striking ``(6)'' and
inserting ``(7)''; in line 11, by striking ``(7)'' and inserting ``(8)''; in line 15, by striking ``(8)''
and inserting ``(9)''; in line 19, by striking ``(9)'' and inserting ``(10)''; in line 27, by striking
``(10)'' and inserting ``(11)''; in line 30, by striking ``(11)'' and inserting ``(12)''; in line 34, by
striking ``(12)'' and inserting ``(13)''; after line 38, by inserting the following:

      ``(14) ``SVO'' means the securities valuation office of the national association of
insurance commissioners or any successor office established by the national association of
insurance commissioners.'';

      Also on page 2, in line 39, by striking ``(13)'' and inserting ``(15)''; in line 42, by striking
``(14)'' and inserting ``(16)'';

      On page 3, in line 1, by striking ``(15)'' and inserting ``(17)''; in line 5, by striking ``(16)''
and inserting ``(18)''; in line 43, before the period, by inserting: ``, provided, however, that
such investments shall not in the aggregate amount exceed 10% of the life insurance
company's admitted assets as shown on the company's last annual or quarterly report,
without the prior written approval of the commissioner of insurance. All investments made
pursuant to this subsection shall only be made with counterparties that have a rating
designated as ``1'' by the national association of insurance commissioners (NAIC) in its most
recently published valuations of securities manual or supplement thereto, or its equivalent
rating by a nationally recognized statistical rating organization recognized by the SVO''; and
the bill be passed as amended.

 The Committee on Kansas 2000 Select Committee recommends HB 2624 be passed.

      The Committee on Kansas 2000 Select Committee recommends HB 2481 be
amended on page 1, in line 14, following ``workforce'', by inserting ``. A pilot project is a
temporary project conducted''; in line 17, preceding the period, by inserting ``and whether
that change is fiscally responsible. A request to develop a plan may be submitted to the
director of personnel services by any state agency. Such plans shall be limited in scope by
the provisions of the Kansas civil service act and any statute directly related to the
administration of the Kansas civil service act''; in line 20, preceding the semicolon, by
inserting ``with the duration not to exceed three years''; preceding line 22, by inserting new
material to read as follows:

      ``(3) performance outcomes expected;'';

      Also on page 1, in line 22, by striking ``(3)'' and inserting ``(4)''; in line 24, by striking ``(4)''
and inserting ``(5)''; in line 25, by striking ``(5)'' and inserting ``(6)''; in line 26, by striking ``;
and'' and inserting ``with no more than 5% of the state employees covered by the Kansas
civil service act to be included in pilot projects with the same purpose and subject matter;'';
preceding line 27, by inserting new material to read as follows:

      ``(7) a description of the means by which state employees will be involved in the
development and evaluation of the pilot project; and'';

      Also on page 1, in line 27, by striking ``(6)'' and inserting ``(8)''; in line 28, by striking
``laws relating to state agencies and state employees'' and inserting ``provisions of the Kansas
civil service act and any statute directly related to the administration of the Kansas civil
service act''; preceding line 30, by inserting new material to read as follows:

      ``(b) No pilot project regarding performance based pay shall be authorized.'';

      Also on page 1, in line 30, by striking ``(b)'' and inserting ``(c)''; in line 32, following ``modify
and approve the'', by inserting ``pilot''; in line 33, preceding ``project'', by inserting ``pilot'';
in line 35, by striking ``(c)'' and inserting ``(d)''; in line 39, by striking ``laws relating to state'';
in line 40, by striking ``agencies and state employees'' and inserting ``provisions of the Kansas
civil service act and any statute directly related to the administration of the Kansas civil
service act''; in line 43, preceding ``project'', by inserting ``pilot'';

      On page 2, in line 1, by striking ``(d)'' and inserting ``(e)''; preceding line 12, by inserting
new material to read as follows:

      ``(3) Suspension of any rule and regulation or law pursuant to this statute shall not be
in conflict with any applicable federal statutes or regulation.'';

      Also on page 2, in line 12, by striking ``(e)'' and inserting ``(f)''; and the bill be passed as
amended.

      The Committee on Kansas 2000 Select Committee recommends HB 2605 be
amended by substituting a new bill to be designated as ``Substitute for HOUSE BILL NO.
2605,'' as follows:

  ``Substitute for HOUSE BILL No. 2605


By Committee on Kansas 2000 Select Committee



``AN  ACT creating a new state agency designated as the Kansas state historical society;
      transferring powers, duties and functions from the not-for-profit Kansas state historical
      society, inc., to the new state agency; amending K.S.A. 12-17,104, 22a-232, 45-106, 45-
      116, 45-404, 45-405, 45-406, 58-2009, 58-2010, 58-4012, 64-106, 74-5402, 74-5406, 74-
      5408, 74-6614, 75-104, 75-1023, 75-2250, 75-2251, 75-2266, 75-2566, 75-2701, 75-2702,
      75-2703, 75-2704, 75-2705, 75-2713, 75-2714, 75-2717, 75-2718, 75-2719a, 75-2721, 75-
      2722, 75-2723, 75-2725, 75-2726, 75-2728, 75-2729, 75-2743, 75-2744, 75-2748, 75-
      2749, 75-2753, 75-3048, 75-3148, 75-3502, 75-3509, 76-2002d, 76-2005a, 76-2005b, 76-
      2007, 76-2007a, 76-2007f, 76-2011, 76-2012, 76-2015, 76-2016, 76-2017a, 76-2018,
      76-2019, 76-2022, 76-2024, 76-2027, 76-2028, 76-2031, 76-2033, 76-2035, 76-2039, 76-
      2043, 76-2047, 76-2048, 76-2050, 76-2051, 76-2054, 76-2056, 77-138, 77-430 and 82a-
      326 and K.S.A. 1999 Supp. 12-120, 38-1506, 38-1607, 41-719, 45-412, 58-2011, 73-209,
      74-9001, 74-9201 and 75-2935 and repealing the existing sections; also repealing K.S.A.
      1999 Supp. 41-719a.'';

     

            and the substitute bill be passed.

   (Sub. HB 2605 was thereupon introduced and read by title.)

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2743 from Committee on
Appropriations; the bill remains in Select Committee on Information Management and is
also referred separately to Committee on Utilities.

REPORT ON ENGROSSED BILLS
 Sub. HB 2688 reported correctly engrossed February 15, 2000.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, February
17, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.