January 20, 1999
Journal of the House
SEVENTH DAY
______
| Hall of the House of Represenatitives |
| Topeka, KS Wednesday, January 20, 1999, 11:00 a.m. |
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 119 members present.
Rep. Sloan was excused on verified illness.
Reps. Crow, Phil Kline, McKechnie, Toplikar and Weber were excused on legislative
business.
Prayer by Chaplain Svoboda:
Almighty God,
You were our beginning,
and you will be our end. Now, here, in the middle-time
help us be mindful of your presence with us.
You are here, if only we open our eyes,
uncover our ears,
and shut our mouths.
As we begin to get into the rhythm of this legislative session,
help us to remember that we're not in this alone-
that you are always near.
Remind us throughout the days to come
that you are here to guide us
if only we will follow you lead
In Christ's name we pray.
Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2046, An act concerning school districts; relating to transportation of nonresident
pupils; amending K.S.A. 1998 Supp. 72-1046b, 72-8303 and 72-8309 and repealing the
existing sections, by Representatives Aurand, Jennison and Mollenkamp.
HB 2047, An act relating to the Kansas state employees health care commission;
providing a separate health benefits program for public school districts; amending K.S.A.
75-6504, 75-6505, 75-6506, 75-6508, 75-6509, 75-6510 and 75-6511 and repealing the
existing sections, by Representatives P.Long and Faber, Aday, Bethell, Compton, Dahl,
McCreary, Shultz and Vining.
HB 2048, An act relating to sales taxation; exempting sales of tangible personal property
and services purchased for repair or replacement of property damaged or destroyed by
certain disasters; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing section,
by Representatives Palmer, Aday, Alldritt, Ballard, Barnes, Beggs, Benlon, Bethell, Boston,
Burroughs, Campbell, Compton, Dahl, Dean, Faber, Farmer, Flaharty, Franklin, Freeborn,
Gilbert, Gilmore, Glasscock, Gregory, Haley, Helgerson, Henderson, Howell, Huff, Jenkins,
Jennison, Johnston, Kirk, Phill Kline, Krehbiel, Landwehr, Lane, Larkin, Light, Lightner,
Lloyd, P.Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mollenkamp,
Myers, Neufeld, O'Connor, O'Neal, Osborne, E.Peterson, J.Peterson, Phelps, Pottorff,
Powell, Powers, Ruff, Sharp, Showalter, Shriver, Sloan, Spangler, Stone, Swenson, Tanner,
Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle and Welshimer.
HB 2049, An act concerning payment of compensation; amending K.S.A. 44-315 and
K.S.A. 1998 Supp. 44-314 and repealing the existing sections, by Committee on Business,
Commerce and Labor.
HB 2050, An act concerning employment; relating to reports concerning newly hired
employees; amending K.S.A. 1998 Supp. 75-5742 and 75-5743 and repealing the existing
sections, by Committee on Business, Commerce and Labor.
HB 2051, An act relating to sales taxation; exempting sales of food for human
consumption therefrom; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing
section; also repealing K.S.A. 79-3632, 79-3634 and 79-3636 through 79-3639 and K.S.A.
1998 Supp. 79-3633 and 79-3635, by Representative Welshimer.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Education: HB 2044.
Local Government: HB 2043.
Utilities: HB 2045.
COMMUNICATIONS FROM STATE OFFICERS
From Rich Bendis, KTEC President, the following reports of the Kansas Technology
Enterprise Corporation: The Kansas Innovation Index, The 1998 KTEC Annual Report,
and The KTEC Strategic Plan for the Second Decade, January 11, 1999.
From Charles R. Ranson, President, Kansas, Inc., the following reports: County Economic
Vitality and Distress Report, 1997 Report Update; Best Practices of State Sponsored Seed
and Venture Capital Programs and Alternatives to Direct State Funding, December 1998;
Fiscal Year 1998 Grants and Loans Report; Annual Report, Sales Tax Exemption and Kansas
Economic Development Income Tax Credits, January 1999.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS
On emergency motion of Rep. Glasscock, pursuant to House Rule 2311, HCR 5007; HR
6005; HB 2027 were advanced to Final Action on Bills and Concurrent Resolutions, subject
toamendment, debate and roll call.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HCR 5007, A concurrent resolution adopting joint rules for the Senate and House of
Representatives for the 1999-2000 biennium, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp,
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, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weiland,
Wells, Welshimer, Wilk.
Nays: None.
Present but not voting: None.
Absent or not voting: Crow, Phil Kline, McKechnie, Sloan, Toplikar, Weber.
The resolution was adopted.
Committee report to HR 6005 was adopted; also, on motion of Rep. Carmody was
amended on page 16, in line 8, by striking ``701'' and inserting in lieu thereof ``901'';
Also, on motion of Rep. Mayans to amend HR 6005, the motion was withdrawn.
HR 6005, A resolution adopting permanent rules of the House of Representatives for
the 1999-2000 biennium, was considered on final action.
On roll call, the vote was: Yeas 117; Nays 1; Present but not voting: 0; Absent or not
voting: 7.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dean, Dreher,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKinney, Minor, Mollenkamp, 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, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wilk.
Nays: Edmonds.
Present but not voting: None.
Absent or not voting: Crow, Henry, Phil Kline, McKechnie, Sloan, Toplikar, Weber.
The resolution was adopted, as amended.
EXPLANATION OF VOTE
Mr. Speaker: Rule 1105 creates a number of budget committees which have the effect
of dramatically expanding the size of the Appropriations subcommittees. During my three
year tenure on the Appropriations Committee, it has become apparent to me that large
groups frequently have more difficulty exercising fiscal restraint than do smaller groups.
De-facto expansion of the Appropriations Committee will inevitably make it more difficult
for the Committee to exercise fiscal restraint. This is bad policy which will lead to larger
budgets.
I vote ``no'' on HR 6005.-John Edmonds
Committee report to HB 2027 was adopted.
HB 2027, An act making and concerning appropriations for the fiscal year ending June
30, 1999, for the adjutant general; authorizing certain transfers and imposing certain
restrictions and limitations, and directing or authorizing certain receipts and disbursements
and acts incidental to the foregoing, was considered on final action.
On roll call, the vote was: Yeas 116; Nays 3; Present but not voting: 0; Absent or not
voting: 6.
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dean, Dreher,
Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, Light, Lightner, Lloyd, M.Long, P. Long, Loyd, Mason, Mayans, Mays,
McClure, McCreary, McKinney, Minor, Mollenkamp, 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, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wilk.
Nays: Edmonds, Feuerborn, Gatewood.
Present but not voting: None.
Absent or not voting: Crow, Phil Kline, McKechnie, Sloan, Toplikar, Weber.
The bill 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 bills were thereupon introduced and read by title:
HB 2052, An act concerning insurance agents and brokers; relating to continuing
education requirements; amending K.S.A. 1998 Supp. 40-240f and repealing the existing
section, by Committee on Insurance.
HB 2053, An act repealing K.S.A. 58-1312 through 58-1315, relating to lighting standards
for public buildings, by Committee on Utilities.
HB 2054, An act relating to income taxation; allowing a child tax credit, by
Representatives Larkin and Powell and Aday, Alldritt, Barnes, Bethell, Burroughs, Crow,
Dean, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Gatewood, Gilbert, Grant,
Haley, Helgerson, Henderson, Henry, Johnston, Kirk, P. Long, Mayans, Mays, McClure,
McCreary, Minor, Mollenkamp, Nichols, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Reinhardt, Ruff, Sharp, Showalter, Shriver, Shultz, Swenson, Tedder, Thimesch,
Toelkes, Vickrey, Vining, Wagle, Weiland, Wells and Welshimer.
HB 2055, An act relating to income tax; allowing a credit therefrom for property tax
associated with certain swine production facilities, by Representative Larkin.
HB 2056, An act concerning the state corporation commission; relating to certain fees;
amending K.S.A. 1998 Supp. 66-1a01 and repealing the existing section, by Committee on
Utilities.
HB 2057, An act concerning certain electric generation facilities; amending K.S.A. 1998
Supp. 66-104 and 66-1,169b and repealing the existing sections, by Committee on Utilities.
HB 2058, An act concerning certain nonprofit public utilities; amending K.S.A. 66-104c
and repealing the existing section, by Committee on Utilities.
HB 2059, An act relating to sales taxation; exempting certain construction labor services;
amending K.S.A. 1998 Supp. 79-3603 and repealing the existing section, by Committee on
Taxation.
HB 2060, An act concerning community colleges; revising the definition of credit hour;
amending K.S.A. 71-601 and repealing the existing section, by Committee on Education.
HB 2061, An act concerning community colleges; relating to determination and
paymentof credit hour state aid; amending K.S.A. 71-604, 71-605 and 71-1702 and K.S.A.
1998 Supp. 71-602 and repealing the existing sections, by Committee on Education.
HB 2062, An act concerning vocational education; revising and updating citation of the
federal act; amending K.S.A. 72-4408 and 72-4413 and K.S.A. 1998 Supp. 72-4412 and
repealing the existing sections, by Committee on Education.
HB 2063, An act concerning cities and counties; relating to the retailers' sales tax;
amending K.S.A. 1998 Supp. 12-189 and 12-192 and repealing the existing sections; also
repealing K.S.A. 1998 Supp. 12-189c and 12-192c, by Committee on Local Government.
HB 2064, An act concerning counties; relating to the powers and duties of the board of
county commissioners; amending K.S.A. 1998 Supp. 19-101a and repealing the existing
section; also repealing K.S.A. 1998 Supp. 19-101i, by Committee on Local Government.
HB 2065, An act concerning certain joint committees of the legislature; amending K.S.A.
1998 Supp. 46-1701 and 46-2101 and repealing the existing sections, by Committee on
Appropriations.
HB 2066, An act concerning motor vehicle insurance; relating to proof of coverage;
amending K.S.A. 8-173 and K.S.A. 1998 Supp. 40-3118 and repealing the existing sections,
by Representative Huff.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, January
21, 1999.
CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.