March 28, 2000

Journal of the House

FIFTY-FIFTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Tuesday, March 28, 2000, 9:00 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. Adkins was excused on verified illness.

 Reps. Haley, Henry and Howell were excused on excused absence by the Speaker.

 Present later: Reps. Haley and Howell.

     Prayer by guest chaplain, the Rev. Pamela J. Tinnin, Partridge Community Church, Par-
tridge, and guest of Rep. Tedder:

                Almighty God:

             You have given us much--the love of family and friends; good work; and
            this place of greening wheat, golden harvests, and starlit skies. You have also
            given us the responsibility to see to the welfare of our land and people.

             Today, we pray for those whom we have chosen to lead our state of Kansas.
            Bless them with the stamina, the toughness, and the integrity to fight for what
            is right and honorable. Grant them the wisdom and courage to do justice,
            love mercy, and walk humbly before you.

             Help us, as citizens, to bear our share of the burden of democratic gov-
            ernment.

             In the name of the one who loves us more than we can know, Jesus the
            risen Christ, Amen.

     The Pledge of Allegiance was led by Rep. Osborne.

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

   Agriculture: SCR 1624.

 Appropriations: SB 381, 398, 592.

 Education: SCR 1644.

 Federal and State Affairs: HB 3047.

 Utilities: HR 6018.

COMMUNICATIONS FROM STATE OFFICERS
 From Lt. Governor/Secretary Gary Sherrer, Kansas Department of Commerce and Hous-
ing, Business Development Division, Kansas Enterprise Zone Program, Annual Report to
the Governor and Legislature, Calendar Year 1999.

 From Mark Beck, Director, Property Valuation Division, Department of Revenue, Sta-
tistical Report of Property Assessment and Taxation, March 2000.

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

MESSAGE FROM THE SENATE
 The Senate nonconcurs in House amendments to SB 393, requests a conference and has
appointed Senators Oleen, Vidricksen and Jones as conferees on the part of the Senate.


 The Senate accedes to the request of the House for a conference on S. Sub. for HB
2005 and has appointed Senators Steffes, Praeger and Feleciano as conferees on the part
of the Senate.

 The Senate accedes to the request of the House for a conference on Sub. HB 2169 and
has appointed Senators Praeger, Salmans and Steineger as conferees on the part of the
Senate.

 The Senate accedes to the request of the House for a conference on HB 2757 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2759 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2762 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2976 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 393.

 Speaker pro tem Mays thereupon appointed Reps. Wilk, Horst and Sharp as conferees
on the part of the House.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. O'Connor to concur in Senate amendments to HB 2646, Rep. Wel-
shimer offered a substitute motion to nonconcur and asked that a conference committee be
appointed. The substitute motion did not prevail. The question then reverted back to the
original motion of Rep. O'Connor and the House concurred in Senate amendments to HB
2646, An act concerning cities and counties; relating to planning and zoning; amending
K.S.A. 1999 Supp. 12-757 and repealing the existing sections.

 On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, 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, Hayzlett, Helgerson, Henderson,
Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, John-
ston, 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, Jim Morrison, Judy Morrison, My-
ers, Neufeld, Nichols, 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, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Adkins, Haley, Henry, Howell, O'Brien.

 On motion of Rep. Benlon, the House nonconcurred in Senate amendments to S. Sub.
for HB 2627 and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Benlon, Powers and Findley as con-
ferees on the part of the House.

 On motion of Rep. Hayzlett, the House concurred in Senate amendments to HB 2768,
An act relating to the state corporation commission; concerning the regulation of motor
carriers; amending K.S.A. 66-143, 66-144, 66-1,117 and 66-1,119 and K.S.A. 1999 Supp.
66-123, 66-138, 66-1,114, 66-1,115a, 66-1,118 and 66-1,119a and repealing the existing
sections.

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


 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Bos-
ton, 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, Hayzlett, Helgerson, Henderson,
Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, John-
ston, 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, Jim Morrison, Judy Morrison, My-
ers, 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, Tan-
ner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei-
land, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Adkins, Haley, Henry, Howell.

 On motion of Rep. Benlon, the House nonconcurred in Senate amendments to HB 2328
and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Benlon, Powers and Welshimer as
conferees on the part of the House.

 On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to S. Sub.
for HB 2561 and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Larkin as con-
ferees on the part of the House.

 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to HB
2860 and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and Flora as conferees
on the part of the House.

 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to HB
2861 and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and McClure as con-
ferees on the part of the House.

 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to HB
2985 and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and Flora as conferees
on the part of the House.

INTRODUCTION OF GUESTS
 Reps. Kirk, Jenkins and Kuether welcomed the Topeka West High School Girls' Basket-
ball Team and their coaches. The team won the 5A State Championship. Coach Mike
Goehring addressed a few remarks to the members of the House.

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

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

   Recommended that SB 549 be passed.

 On motion to recommend HB 3021 favorably for passage, the motion did not prevail.

 Committee report to HB 2721 be adopted; and the bill be passed as amended.

 Committee report to SB 319 be adopted; also, on motion of Rep. O'Neal be amended
on page 3, in line 3, after ``commissioners'' by inserting ``, but such amount shall not exceed
$60'';

 Also, on motion to recommend SB 319 favorably for passage, the motion did not prevail.

 Committee report to SB 481 be adopted; and the bill be passed as amended.

 Committee report to HB 3042 be adopted; also, on motion of Rep. Helgerson be
amended on page 4, in line 10, by striking ``or''; in line 11, preceding the period, by inserting

``, or (5) to provide financial assistance under the senior pharmacy assistance program, which
shall be first priority for the use of moneys in the senior services fund;

 Also, roll call was demanded on motion of Rep. Nichols to amend HB 3042 on page 3,
in line 32, preceding the comma, by inserting ``, except as otherwise provided in subsection
(r)'';

      On page 4, in line 10, by striking ``or''; in line 11, preceding the period, by inserting ``, or
(5) to provide financial assistance under the senior pharmacy assistance program, which
shall be first priority for the use of moneys in the senior services fund'';

      On page 7, preceding line 29, by inserting new material as follows:

      ``(r) During the period from the effective date of this act through June 30, 2001, of the
amount of moneys that would otherwise be transferred to the senior services trust fund
pursuant to subsection (f)(1), prior to transferring any moneys to the senior services trust
fund, the director of accounts shall first transfer the amount or amounts, which in the
aggregate are equal to the amount certified by the director of the budget under this sub-
section, to the senior services fund instead of the senior services trust fund. As soon after
the effective date as practicable, the director of the budget shall certify to the director of
accounts and reports the amount authorized under the approved budget for fiscal year 2001
in appropriation acts enacted by the legislature for assistance under the senior pharmacy
assistance program for the fiscal year ending June 30, 2001.'';

 On roll call, the vote was: Yeas 50; Nays 72; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Alldritt, Ballard, Barnes, Burroughs, Campbell, Crow, Dean, Feuerborn, Findley,
Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Henderson, Johnston,
Kirk, Klein, Kuether, Larkin, M. Long, McClure, McKechnie, McKinney, Minor, Nichols,
O'Brien, Pauls, E. Peterson, Phelps, Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp,
Showalter, Shriver, Spangler, Storm, Swenson, Tedder, Thimesch, Toelkes, Weiland, Wells,
Welshimer.

 Nays: Aday, Allen, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Carmody, Compton,
Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Freeborn, Geringer, Glas-
scock, Gregory, Hayzlett, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch-
ins, Jenkins, Jennison, Johnson, Phil Kline, Phill Kline, Krehbiel, Landwehr, Lane, Light,
Lightner, Lloyd, P. Long, Loyd, Mason, Mayans, Mays, McCreary, Merrick, Mollenkamp,
Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, J.
Peterson, Pottorff, Powell, Ray, Schwartz, Shultz, Sloan, Stone, Tanner, Tomlinson, Vickrey,
Vining, Wagle, Weber, Wilk.

 Present but not voting: None.

 Absent or not voting: Adkins, Henry, Toplikar.

 The motion of Rep. Nichols did not prevail, and HB 3042 be passed as amended.

REPORTS OF STANDING COMMITTEES
      The Committee on Agriculture recommends SB 664, as amended by Senate Committee,
be amended on page 1, in line 29, by striking ``2001'' and inserting ``2002'';

      On page 3, in line 6, by striking ``2001'' and inserting ``2002''; in line 18, by striking ``2001''
and inserting ``2002''; and the bill be passed as amended.

      The Committee on Federal and State Affairs recommends SB 115 be amended by
substituting a new bill to be designated as ``House Substitute for SENATE BILL No. 115,''
as follows:

``HOUSE Substitute for SENATE BILL No. 115
By Committee on Federal and State Affairs

``AN  ACT concerning medical care facilities; relating to ambulatory surgical centers;
amending K.S.A. 1999 Supp. 65-425 and repealing the existing section.'';

      and the substitute bill be passed.

      (H. Sub. for SB 115 was thereupon introduced and read by title.)

      The Committee on Federal and State Affairs recommends SB 430 be amended by
substituting a new bill to be designated as ``House Substitute for SENATE BILL No. 430,''
as follows:


``HOUSE Substitute for SENATE BILL No. 430

By Committee on Federal and State Affairs
``AN  ACT concerning the use of fetal tissue; imposing restrictions thereon; providing
penalties for violations of such restrictions.'';
        and the substitute bill be passed.


      (H. Sub. for SB 430 was thereupon introduced and read by title.)

   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 3048, An act concerning bingo; relating to the regulation and taxation thereof;
amending K.S.A. 79-4701, 79-4703, 79-4704, 79-4705, 79-4705a, 79-4706, 79-4707, 79-
4708, 79-4710, 79-4711, 79-4712a, 79-4713 and K.S.A. 1999 Supp. 79-3606 and repealing
the existing sections; also repealing K.S.A. 79-4714, by Committee on Federal and State
Affairs.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of SB 645 from Kansas 2000 Select
Committee and referral to Committee on Appropriations.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2700
and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as con-
ferees on the part of the House.

 On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2755
and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as con-
ferees on the part of the House.

 On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to S. Sub.
for HB 2782 and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Freeborn, Light and Tedder as con-
ferees on the part of the House.

 On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2905
and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as con-
ferees on the part of the House.

REPORT ON ENGROSSED BILLS
 HB 2646; Sub. HB 2864 reported correctly engrossed March 28, 2000.

 HB 2768 reported correctly re-engrossed March 28, 2000.

REPORT ON ENROLLED BILLS
 HB 2592, 2596, 2975 reported correctly enrolled, properly signed and presented to the
governor on March 28, 2000.

REPORT ON ENROLLED RESOLUTIONS
 HR 6011, 6017 reported correctly enrolled and properly signed on March 27, 2000.

     On motion of Rep. Glasscock, the House adjourned until 9:00 a.m., Wednesday, March
29, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.