The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Reps. Hermes and O'Neal were excused on excused absence by the Speaker.
Present later: Rep. Hermes.
Prayer by Chaplain Svoboda:
Patient and Gracious God
we welcome you to this place
again this morning.
Imbue us with your infinite patience,
fill us with your unbounded graciousness,
and strengthen us for the day ahead.
As we approach our next deadline
be on our tongues as we speak,
in our minds as we think,
and in our hearts all the days of our lives.
We ask these things in Your name.
Amen.
The Pledge of Allegiance was led by Rep. Toplikar.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 3008.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills, appearing on the Calendar as ``To Be Referred,'' were referred to
committees as indicated:
Agriculture: SB 531, 586, 588.
Economic Development: SB 521.
Education: SB 231.
Federal and State Affairs: SB 543; Sub. SCR 1634.
Financial Institutions: SB 445.
Governmental Organization and Elections: SB 463, 464.
Health and Human Services: SB 512, 513, 556; SCR 1636.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolutions were thereupon introduced and
read by title:
Sub. HB 2169, An act concerning nursing; amending K.S.A. 1999 Supp. 65-1124, 65-
1136, 65-1153 and 74-1106 and repealing the existing sections, was considered on final
action.
Call of the House was demanded.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
HB 2355, An act concerning the former Topeka state hospital; providing for a memorial
for persons buried in the Topeka state hospital cemetery; advisory committee; Topeka state
hospital cemetery memorial gift fund; prescribing certain duties for the secretary of
administration, was considered on final action.
On roll call, the vote was: Yeas 111; Nays 12; Present but not voting: 0; Absent or not
voting: 2.
HB 2372, An act concerning the retirement system for justices and judges; retirement
age; amending K.S.A. 20-2608 and repealing the existing section, was considered on final
action.
On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.
HB 2557, An act concerning crimes; relating to aggravated battery against a law
enforcement officer; amending K.S.A. 21-3415 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.
HB 2561, An act relating to motor vehicles; concerning certificates of title; amending
K.S.A. 8-199 and K.S.A. 1999 Supp. 8-197 and 8-198 and repealing the existing sections;
also repealing K.S.A. 8-1,136, was considered on final action.
On roll call, the vote was: Yeas 101; Nays 22; Present but not voting: 0; Absent or not
voting: 2.
HB 2580, An act concerning consumer protection; relating to automated announcing
devices; amending K.S.A. 1999 Supp. 50-670 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 71; Nays 52; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: I vote ``no'' on HB 2580 for two reasons:
First, the operative section of HB 2580 contains a huge loophole that would allow
telemarketers to continue abusive practices. Second, the bill is unenforceable. Since most
telemarketing calls transmit no caller ID data, violators cannot be identified or reported to
the Attorney General.
These reasons are probably why the telemarketing association supported the bill. Need I
say more?
I support effective measures to protect Kansas consumers from abusive telemarketing
practices. HB 2580 is not such a measure. It is an empty, meaningless gesture that will do
absolutely nothing for Kansas consumers, and therefore a waste of the legislature's time.--
Carl C. Krehbiel, Kay O'Connor, Deena Horst, Ward Loyd
Mr. Speaker: This bill requires that a live operator or device shall answer the line within
five seconds-if the solicitor is able to answer within five seconds.
There is an expression which goes: ``If I only had some ham I could have ham and eggs-
if I had some eggs.''
HB 2580 is a sham. I vote no.--Tim Carmody, Jim Morrison, Peggy Long
HB 2614, An act concerning crimes and punishment; relating to eavesdropping;
amending K.S.A. 21-4001 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 77; Nays 46; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: Trust me. The strength of Kansas, and indeed America, is derived from
the diversity of our people and our many ideals.
The public; our society; all Americans . . . should be protected from unwarranted
violence and intimidation even when that violence or intimidation comes from other
Americans.
Ten years from now, as our society continues to gel in its diversity I predict that those
who stood up ``early'' to protect all Americans will be proud of their representation and their
foresight today. I vote yes on HB 2614.--David Haley
Mr. Speaker: I vote NO on HB 2614. The breeze that carries the odor of a burning
cross is also the breeze that has caressed the ranks of marble headstones, which lie nearby
and, if you listen, you can hear those stones remind us ``we hold these truths to be self
evident, that all men are created equal . . .''
Black or white, gay or straight, male or female . . . each is created in God's image, all
should be equal before the law-whether perpetrator or victim.--Tim Carmody, Phill
Kline, Vern Osborne, Judy Morrison, Bob Bethell, Bill McCreary, John Ballou,
Clay Aurand, Tom Sloan, Susan Wagle, Peggy Long, Jim Morrison, Bill Light,
Billie Vining, Patricia Lightner, Donald L. Dahl, Gayle Mollenkamp, Tony
Powell, Ward Loyd
Sub. HB 2642, An act regulating traffic; concerning the maximum length of certain
vehicles; amending K.S.A. 1999 Supp. 8-1904 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
Sub. HB 2683, An act concerning the collection and reporting of statistics relating to
race, ethnicity and gender for law enforcement activities, was considered on final action.
On roll call, the vote was: Yeas 115; Nays 9; Present but not voting: 0; Absent or not
voting: 1.
Mr. Speaker: Sub. HB 2683 takes a small step towards easing the public perception
that too often drivers, and even pedestrians, are detained by various law enforcement due
only to their race and/or age and/or gender.
In a society that prides itself on ``due process,'' ``equal protection under the law'' and
against unlawful search and seizure, Sub. HB 2683, as presented by Rep. Carmody and
passed by our Judiciary Community assists in easing our wary public's perception of this
inequity. I vote yes.--David Haley
HB 2685, An act concerning the Kansas fair credit reporting act; amending K.S.A. 50-
701, 50-702, 50-703, 50-704, 50-705, 50-706, 50-708, 50-709, 50-710, 50-711, 50-714, 50-
715, 50-716, 50-717, 50-718, 50-719, 50-720, 50-721 and 50-722 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2696, An act concerning the emergency medical services board; relating to the
powers and duties thereof; relating to attendants, instructor-coordinators and training
officers; amending K.S.A. 65-6128 and K.S.A. 1999 Supp. 65-6129, 65-6129b and 65-6129c
and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2755, An act concerning the department of health and environment; disclosure of
certain information in possession thereof; prohibitions and restrictions on disclosure;
amending K.S.A. 1999 Supp. 65-506 and 65-525 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 67; Nays 57; Present but not voting: 0; Absent or not
voting: 1.
Mr. Speaker: HB 2755 would allow information about child molesters to be provided
to additional government agencies but will be withheld from the parents, the public, and
the media. I VOTE NO.--Carlos Mayans
HB 2759, An act relating to the pharmacy act of the state of Kansas; authorizing
pharmacists to administer drugs under certain conditions; amending K.S.A. 1999 Supp. 65-
1626 and 65-1626a and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.
Sub. HB 2794, An act requiring the state board of education to prepare a strategy for
developing and implementing a mastery of basic skills program in school districts, was
considered on final action.
On roll call, the vote was: Yeas 109; Nays 15; Present but not voting: 0; Absent or not
voting: 1.
HB 2809, An act concerning liens; amending K.S.A. 8-1103, 8-1104, 8-1108, 60-1102
and 60-1103 and repealing the existing sections; also repealing K.S.A. 8-1106, was
considered on final action.
On roll call, the vote was: Yeas 119; Nays 5; Present but not voting: 0; Absent or not
voting: 1.
HB 2810, An act concerning schools; affecting the definition of juvenile detention facility
for the provision of educational services and grants of state moneys; rescinding the limitation
on the number of charter schools being operated in the state; amending K.S.A. 1999 Supp.
72-1904, 72-1906, 72-1907, 72-6407, 72-6430 and 72-8187 and repealing the existing
sections; also repealing K.S.A. 1999 Supp. 72-1905, was considered on final action.
On roll call, the vote was: Yeas 82; Nays 42; Present but not voting: 0; Absent or not
voting: 1.
Mr. Speaker: I vote ``NO'' on HB 2810. As passed on General Orders, this bill was
cobbled together in a fashion that threatens the funding of education for juveniles in
detention, by including a bill that was never worked in Committee. We have violated the
``one-subject'' rule in passing law.
The manner chosen by this body in passing this bill is a marvelous example of poor
stewardship for the people of Kansas, and I will not be a party to it.--Ralph Tanner
HB 2855, An act concerning the restraint of trade; amending K.S.A. 50-103, 50-109, 50-
110, 50-131, 50-132, 50-133, 50-137, 50-139, 50-153, 75-715 and 75-716 and repealing the
existing sections; also repealing K.S.A. 50-104, 50-105, 50-106, 50-107, 50-114, 50-118, 50-
119, 50-121, 50-122, 50-123, 50-124, 50-125, 50-126, 50-127, 50-128, 50-129, 50-130, 50-
134, 50-138, 50-140, 50-141, 50-142, 50-143, 50-144, 50-145, 50-146, 50-150, 50-151, 50-
152, 50-154, 50-155, 50-156, 50-801 and 75-713, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 4; Present but not voting: 0; Absent or not
voting: 1.
HB 2879, An act concerning electronic signatures; enacting the Kansas electronic
signatures act; repealing K.S.A. 1999 Supp. 60-2616, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 3; Present but not voting: 0; Absent or not
voting: 1.
HB 2884, An act concerning motorized bicycles; defining electric-assisted bicycles;
amending K.S.A. 8-1439, 8-1439a and 8-1592b and K.S.A. 1999 Supp. 8-126, 8-235, 8-293
and 8-1486 and repealing the existing sections; also repealing K.S.A. 8-1439b, was
considered on final action.
On roll call, the vote was: Yeas 102; Nays 22; Present but not voting: 0; Absent or not
voting: 1.
HB 2894, An act concerning crimes; relating to unlawful sexual relations with teachers;
amending K.S.A. 1999 Supp. 21-3520 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2905, An act concerning civil procedure; relating to service of process; amending
K.S.A. 17-1642, 60-303, 60-308, 61-1803 and 61-1807 and K.S.A. 1999 Supp. 60-312 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.
HB 2938, An act relating to the practice of accountancy; concerning the regulation
thereof; amending K.S.A. 1-201, 1-204 and 1-302a and K.S.A. 1999 Supp. 1-202, 1-301, 1-
302, 1-302b, 1-307, 1-308, 1-310, 1-311, 1-316 and 1-319 and repealing the existing sections;
also repealing K.S.A. 1-317, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 2; Absent or not
voting: 1.
HB 2954, An act concerning taking of coyotes; amending K.S.A. 32-919 and K.S.A. 1999
Supp. 32-701 and 32-911 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 108; Nays 16; Present but not voting: 0; Absent or not
voting: 1.
INTRODUCTION OF GUESTS
There being no objection, the following remarks by Rep. Loyd are spread upon the
Journal:
Today we acknowledge and commend Lydia Gonzalez, and her lifetime of dedicated
service to young people, education, citizenship and leadership. Countless young people have
come to recognize their full worth and realize their potential because of the encouragement
and support of Lydia. She is beloved by many. Lydia has received recognition as Garden
City Business and Professional Woman of the Year, earned the Outstanding Service Award
of the Kansas Advisory Council for Vocational Education, been named GI Forum Woman
of the Year, received a recognition award from the Hispanic Youth Empowerment Project
of the U.S. Hispanic Leadership Institute, earned a Lifetime Achievement Award from the
United States Hispanic Leadership Conference, and been inducted into the National
Woman's Hall of Fame by the League of United Latin Citizens. We join with the Kansas
Hispanic Community in saying thank you, and celebrating Lydia Gonzalez Day.
Rep. Loyd presented Lydia Gonzalez with a House certificate.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 143, by Representative Compton, congratulating Zac Pollock on achieving
Eagle Scout;
Request No. 144, by Representative Jim Morrison, congratulating Maxine Nelson,
awarded the Boy Scouts of America District Award of Merit;
Request No. 145, by Representative Krehbiel, congratulating Miriam Santee, winner of
a 2000 Prudential Spirit of Community Award for outstanding community service;
Request No. 146, by Representative Loyd, honoring Lydia Gonzalez for a lifetime
dedicated to children, education, citizenship and democracy;
Request No. 147, by Representative Hutchins, in memory of Falco, a Belgian Malinois,
assigned to the canine unit in the Jackson County Sheriff's Office, who was killed in the line
of duty on February 18, 2000;
Request No. 148, by Representative Tanner, congratulating Bruce Courtney on his
selection as a Milken Family Foundation winner for the year 2000;
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 2718 from Committee on
Appropriations and rereferral to Committee on Kansas 2000 Select.
REPORT ON ENGROSSED BILLS HB 2627, 2759, 2884, 2894, 2905 reported correctly engrossed February 24, 2000.
REPORT ON ENROLLED BILLS HB 2643 reported correctly enrolled, properly signed and presented to the governor on
February 25, 2000.
On motion of Rep. Glasscock, the House adjourned pro forma until 11:00 a.m., Tuesday,
February 29, 2000.