The House met pursuant to adjournment with Speaker Jennison in the chair.
The roll was called with 118 members present.
Rep. Hermes was excused on verified illness.
Reps. Garner and Mays were excused on legislative business.
Reps. Alldritt, Klein, Powell and Wilk were excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Gracious God,
You are the Light of the World.
Illumine our minds
so that we may understand your plan for us.
Illumine our hearts
so that we may show compassion for those around us.
And illumine our souls
so that we may remember our connectedness to you
and to the whole world.
In your name we pray.
Amen.
The Pledge of Allegiance was led by Rep. Findley.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were introduced and read by title:
HB 2280, An act concerning change of domicile of mutual holding companies; amending
K.S.A. 1998 Supp. 40-2,162 and repealing the existing section, by Committee on Insurance.
HB 2281, An act concerning the Kansas tort claims act; relating to the year 2000 date
change in computers, by Select Committee on Information Management.
HB 2282, An act making and concerning appropriations for the fiscal year ending June
30, 1999, for the Kansas commission on veterans affairs for a donation for the Women in
Military Service for America Memorial; authorizing certain transfers and imposing certain
restrictions and limitations, and directing or authorizing certain receipts and disbursements
and acts incidental to the foregoing, by Representatives McCreary, Ballard, Barnes, Beggs,
Benlon, Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dean, Dreher,
Empson, Faber, Flaharty, Freeborn, Gilbert, Gilmore, Grant, Gregory, Haley, Hayzlett,
Henderson, Hermes, Horst, Huff, Humerickhouse, Jenkins, Johnson, Kirk, Krehbiel,
Kuether, Lane, Larkin, Light, Lightner, P. Long, Mason, Mays, McClure, McKinney,
Mollenkamp, Morrison, Myers, O'Connor, Osborne, Palmer, Pauls, E. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Ruff, Sharp,Shultz, Sloan, Stone, Swenson,
Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Wells and Welshimer.
HB 2283, An act concerning victims of crime; relating to notification of public comment
sessions; amending K.S.A. 74-7338 and K.S.A. 1998 Supp. 22-3717 and 74-7335 and
repealing the existing sections, by Committee on Judiciary.
HB 2284, An act concerning minors' access to certain material; enacting the child online
protection act; prohibiting certain acts and providing penalties for violations, by
Representatives Dean, Benlon, Burroughs, Campbell, Flaharty, Howell, McClure, Pauls,
Powers, Ruff, Thimesch, Toplikar, Wagle and Welshimer.
HB 2285, An act relating to income taxation; increasing the earned income tax credit;
amending K.S.A. 1998 Supp. 79-32,205 and repealing the existing section, by
Representatives Findley, Barnes, Crow, Dean, Flaharty, Garner, Gatewood, Haley,
Helgerson, Johnston, Kirk, Klein, McKinney, Nichols, E. Peterson, Phelps, Ruff, Sharp,
Spangler, Toelkes, and Wells.
HB 2286, An act concerning livestock; relating to regulating certain livestock transactions;
protection of producers against retaliation; prescribing damages therefor; repealing K.S.A.
50-157, by Representatives Larkin, Faber, McKinney and Mollenkamp.
HB 2287, An act concerning the workers compensation act, limiting the immunity of
employers and other employees for intentional injuries and injuries caused by gross
negligence or criminal conduct; amending K.S.A. 1998 Supp. 44-501 and repealing the
existing section, by Committee on Business, Commerce and Labor.
HB 2288, An act concerning community colleges; relating to off-campus instruction;
amending K.S.A. 71-205 and 71-206 and repealing the existing sections, by Representative
Edmonds.
HB 2289, An act establishing the commission on surface water quality standards;
providing for the powers and duties thereof; repealing K.S.A. 1998 Supp. 65-1,175, 65-1,176
and 65-1,177 and repealing the existing sections, by Committee on Environment.
HB 2290, An act repealing K.S.A. 66-1213 and 66-1214, relating to public utilities, by
Committee on Utilities.
HB 2291, An act concerning water quality; concerning processes for establishment of
water quality standards, by Committee on Environment.
HB 2292, An act pertaining to laser pointers; prohibiting sale and possession under
certain conditions, by Representative Freeborn.
A CONCURRENT RESOLUTION memorializing the President and the United States
Congress to take action to provide funds for independent research into illnesses suffered
by Gulf War veterans and to initiate more effective programs to assist Gulf War veterans
and their families, and urging the Governor of Kansas and appropriate heads of Kansas
state agencies to continue efforts in support of the Kansas Persian Gulf War Veterans
Health Initiative.
WHEREAS, Nearly 700,000 United States troops, including 7,500 Kansans, deployed to
the Persian Gulf region in Operation Desert Shield and Operation Desert Storm to liberate
Kuwait; and
WHEREAS, Federal research efforts have not yet identified the prevalence, patterns,
causes or treatments for illnesses suffered by Gulf War veterans; and
WHEREAS, Nationwide, very few Gulf War veterans who have applied for disability
compensation for undiagnosed illnesses from the United States Department of Veterans
Affairs have received compensation; and
WHEREAS, The Kansas Persian Gulf War Veterans Health Initiative has surveyed 2031
Kansas Gulf War-era veterans; and
WHEREAS, The Kansas Gulf War Veterans Health Study preliminary results indicate
that 30% of deployed veterans suffer from a complex of symptoms characterized by fatigue,
joint and muscle pain, cognitive and mood disturbances, and a variable array of respiratory,
gastrointestinal, neurological, skin, and auditory problems, collectively identified as Gulf
War illness; and
WHEREAS, The Kansas Gulf War Veterans Health Study indicates that Gulf War illness
occurs in identifiable patterns, including differences by areas of deployment; and
WHEREAS, The Kansas Gulf War Veterans Health Study indicates that among veterans
who did not deploy to the Gulf War, Gulf War illness occurs at a significantly higher rate
among veterans who received vaccines during that period than those who did not receive
vaccines; and
WHEREAS, The Kansas Gulf War Veterans Health Study indicates that children of Gulf
War veterans born since the war were significantly more likely to have been born with health
problems, including birth defects, than children born to nondeployed veterans during the
same period; and
WHEREAS, The Kansas Gulf War Veterans Health Study indicates that most deployed
veterans with Gulf War illness continue to be employed, but 79% say their health affects
their ability to work; and
WHEREAS, The Kansas Gulf War Veterans Health Study indicates that Kansas veterans
who deployed to the Gulf War are significantly less likely to receive disability compensation
from the United States Department of Veterans Affairs than nondeployed veterans of the
same era: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That we, the Kansas Legislature, believe that Gulf War illness has had a severe
negative impact on the physical and emotional well-being of Gulf War veterans who
honorably served Kansas and the United States; and
Be it further resolved: That we memorialize the President and the Congress of the
United States to provide funding for Gulf War illness research independent of that
administered by the United States Departments of Defense and Veterans Affairs; and to
establish a process of independent review of federal policies and programs associated with
Gulf War illness research, benefits, and health care; and
Be it further resolved: That we urge the Governor of Kansas, the Secretary of Health
and Environment, the Kansas Commission on Veterans Affairs, and other appropriate state
agency heads to take action to continue to investigate Gulf War illness and promote
programs to inform and assist Kansas Gulf War veterans and family members suffering from
Gulf War illness; and
Be it further resolved: That the Secretary of State be directed to provide an enrolled
copy of this resolution to the President of the United States, the Vice-President of the United
States, the Speaker of the United States House of Representatives, the Secretary of Defense,
the Secretary of Veterans Affairs, and to each member of the Kansas Congressional
delegation; to the Governor of the State of Kansas, the Secretary of Health and
Environment, the Secretary of Human Resources, and the Chairman of the Kansas
Commission on Veterans Affairs; and to the National and State Commanders of the
American Legion, the Veterans of Foreign Wars and the Disabled American Veterans.
CORRECTION OF REFERENCE
Speaker Jennison announced HB 2267 appearing on the Calendar under Reference of
Bills and Concurrent Resolutions as being referred to Committee on Insurance, should be
corrected to be referred to Committee on Judiciary.
Also, HB 2266 appearing on the Calendar as being referred to Committee on Judiciary,
should be corrected to be referred to Committee on Insurance.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HB 2252, 2253.
Appropriations: HB 2256, 2262, 2263.
Business, Commerce and Labor: HB 2275.
Education: HB 2249.
Environment: HB 2251, 2264.
Federal and State Affairs: HB 2270.
Governmental Organization and Elections: HB 2260, 2265.
MESSAGE FROM THE SENATE
Announcing passage of SB 39, 57, 59, 89.
Announcing adoption of SCR 1601, 1606, 1607.
Also, announcing adoption of HCR 5020.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolutions were thereupon introduced and
read by title:
SB 39, 57, 59, 89; SCR 1601, 1606, 1607.
CONSENT CALENDAR
Objection was made to HB 2094 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to HB 2192 appearing on the Consent Calendar for the first day.
No objection was made to HB 2092 appearing on the Consent Calendar for the second
day.
REPORTS OF STANDING COMMITTEES
The Committee on Economic Development recommends HCR 5002 be amended on
page 2, in line 33, by striking " on November" ; in line 34, by striking " 7, 2000," and inserting:
" in April, 1999, or the earliest possible general election thereafter" ; and the concurrent
resolution be adopted as amended.
The Committee on Judiciary recommends HB 2101, 2135, 2137 be passed.
The Committee on Judiciary recommends HB 2102 be amended on page 2, in line 6,
by striking " or the" ; in line 7, by striking all before " shall" ; in line 8, by striking " six" and
inserting " eight" ; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2136 be amended on page 1, in line 19,
after the semicolon, by inserting " or any court services officer employed by the Kansas
judicial branch;" ; by striking all of lines 41 through 43; On page 2, by striking all of lines
1 through 24; in line 25, by striking " (f) Nothing" and inserting " (b) Except as provided in
subsection (a), nothing" ; Also on page 2, by striking all of lines 28 through 35; On
page 3, in line 37, by striking " Nothing" and inserting " Except as provided in subsection
(a)(2), nothing" ; and the bill be passed as amended.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 49, by Representative Benlon, designating the Johnson County Parks and
Recreation District as the Bluebird Capital of Kansas;
Request No. 50, by Representative Benlon, honoring Ron Poplau and his 1998-99
Cougar Community Commitment classes for the love and compassion he has provided to
the community through his acts of endless generosity;
Request No. 51, by Representative Lloyd, congratulating Jana Sue Graber, named to
the President's Honor Roll at Washburn University;
Request No. 52, by Representative Wagle, commending the American Heart Association
for proclaiming ``Nurturing Women's Hearts'' week;
Request No. 53, by Representative Compton, congratulating Brian Hight on achieving
Eagle Scout;
Request No. 54, by Representative Johnson, congratulating Seth James Harrison, named
to the President's Honor Roll at Washburn University;
Request No. 55, by Representative Larkin, congratulating the 1998 Centralia Lady
Panthers Volleyball Team for winning first in State Class 1-A;
Request No. 56, by Representative Johnson, congratulating Januari Jo Dix, named to
the President's Honor Roll at Washburn University;
Request No. 57, by Representative Crow, congratulating Adam Morrisey on his
academic achievement and for his selection as Mildred D. McCollum Junior Citizen of the
Year by the Leavenworth-Lansing Area Chamber of Commerce;
Request No. 58, by Representative Crow, congratulating Eugene Wentworth on his
service to the Leavenworth community and on his selection as Leavenworth-Lansing Area
Chamber of Commerce 1999 Citizen of the Year;
Request No. 59, by Representative McKinney, commending Jean Kile for 32 years of
service to the Kiowa County Library, including 28 years as head librarian;
Request No. 60, by Representative Johnson, congratulating Annie Davidson, selected
first chair flute in the KMEA State Honor Band;
Request No. 61, by Representative Johnson, congratulating Michael Davidson, selected
to sing alto in the Children's Honor Choir;
Request No. 62, by Representative Loyd, congratulating Robert W. (Bob) Krug, selected
1999 National Federation of Interscholastic Coaches Association's Section 5 Boys' Tennis
Coach of the Year;
Request No. 63, by Representative Pauls, honoring Maurice F. Cummings for over 25
years of service as the Executive Director of the Training and Evaluation Center of
Hutchinson (T.E.C.H.);
Request No. 64, by Representative Dreher, congratulating Michael A. Steiner, named
to the President's Honor Roll for 1998 fall semester at Washburn University;
Request No. 65, by Representative Crow, congratulating Marguerite Strange on
selection as Volunteer of the Year by Leavenworth Main Street;
Request No. 66, by Representative Phelps, honoring Elouise Miller on 50 years of
teachingin Kansas;
Request No. 67, by Representatives Larkin and Schwartz, honoring Major General Jim
Rueger on his retirement as Kansas Adjutant General;
Request No. 68, by Representative Ray, commending Brad Weinberg, named one of
the state's top student volunteers in the Prudential Spirit of Community Awards;
Request No. 69, by Representative Ray, commending Samantha Crow, named one of
Kansas' two top youth volunteers for 1999 in the Prudential Spirit of Community Awards;
Request No. 70, by Representative Ray, commending Nathan Todd, named one of
Kansas' two top youth volunteers for 1999 in the Prudential Spirit of Community Awards;
Request No. 71, by Representative J. Peterson, commending Wade J.W. Walker on
achieving Eagle Scout;
Request No. 72, by Representative J. Peterson, commending Michael J. Wienandt on
achieving Eagle Scout;
Request No. 73, by Representative J. Peterson, commending Evan Cauble-Johnson on
achieving Eagle Scout;
Request No. 74, by Representative J. Peterson, congratulating Nicole Renee Speer for
a perfect grade point average for the 1998 fall semester at Washburn University;
Request No. 75, by Representative J. Peterson, congratulating Kelly Lund for a perfect
grade point average for the 1998 fall semester at Washburn University;
Request No. 76, by Representative J. Peterson, congratulating Roslyn J. Lewis for a
perfect grade point average for the 1998 fall semester at Washburn University;
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.
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 2293, An act concerning automobiles and other vehicles; relating to traffic; use of
head lamps; amending K.S.A. 8-1703 and repealing the existing section, by Representatives
Stone, Beggs, Campbell, Dreher, Franklin, Huff, McCreary, Shultz and Vickrey.
HB 2294, An act concerning elections; relating to campaign finance; amending K.S.A.
25-4142 and repealing the existing section, by Representative Gregory.
HB 2295, An act relating to trust and trustees; concerning liability of trustee, by
Committee on Financial Institutions.
HB 2296, An act relating to trust companies; concerning contracting trustee; amending
K.S.A. 1998 Supp. 9-2107 and repealing the existing section, by Committee on Financial
Institutions.
HB 2297, An act relating to pensions; concerning tax exempt status thereof;
amendingK.S.A. 14-10a10, 74-4978g and 74-49,106 and K.S.A. 1998 Supp. 12-111a, 12-
5005, 13-14a10 and 74-4923 and repealing the existing sections, by Committee on Financial
Institutions.
HB 2298, An act exempting the state of Kansas from daylight savings time, by
Representative Welshimer.
HB 2299, An act providing for funding of the Kansas silver haired legislature; prescribing
annual transfers from the state general fund, by Representative Light (By request).
HB 2300, An act concerning crimes and punishment; relating to the crime of arson;
amending K.S.A. 21-3718 and repealing the existing section, by Committee on Judiciary.
HB 2301, An act concerning juvenile justice; relating to placement of chronic runaway
youths; amending K.S.A. 1998 Supp. 38-1663 and repealing the existing section; also
repealing K.S.A. 1997 Supp. 38-1663, as amended by section 8 of chapter 187 of the 1998
Session Laws of Kansas, by Committee on Judiciary.
HB 2302, An act concerning crimes, criminal procedure and punishment; relating to
aggravated battery; amending K.S.A. 21-3414 and repealing the existing section, by
Committee on Judiciary.
HB 2303, An act concerning school district finance; revising the definition of at-risk
pupils; amending K.S.A. 1998 Supp. 72-6407 and repealing the existing section, by
Representatives Benlon, Bethell, Campbell, Crow, Empson, Flaharty, Franklin, Huff,
Jenkins, Lightner, Stone, Storm, Toelkes, Tomlinson and Vining.
HB 2304, An act concerning accredited high schools and students thereof; requiring a
community service class for graduation, by Representatives Benlon, Bethell, Campbell,
Crow, Glasscock, Huff, Jenkins and Stone.
HB 2305, An act concerning the use of cigarettes and tobacco products; restricting the
use thereof; amending K.S.A. 72-53,107 and repealing the existing section, by Committee
on Governmental Organization and Elections.
HB 2306, An act concerning the department of health and environment; relating to
certain positions in the unclassified service; amending K.S.A. 65-2405, 75-5603, 75-5605,
75-5607, 75-5610 and 75-5611 and repealing the existing sections, by Committee on
Governmental Organization and Elections.
HB 2307, An act concerning crimes and punishments; revising the definition of
conviction; amending K.S.A. 21-3110 and repealing the existing section, by Committee on
Judiciary.
On motion of Rep. Glasscock, the House adjourned until 10:00 a.m., Monday, February
8, 1999.