February 8, 1999

Journal of the House

TWENTIETH DAY
______
Hall of the House of Represenatitives
Monday, February 8, 1999, 10:00 a.m.
 The House met pursuant to adjournment with Speaker Jennison in the chair.

 The roll was called with 117 members present.

 Rep. Aday was excused on verified illness.

 Reps. Crow, Phil Kline, McKechnie, Toplikar and Weber were excused on legislative
business.

 Reps. Barnes and Farmer were excused on excused absence by the Speaker.

 The House and Senate met in joint session to honor George Brett, a former Kansas City
Royals baseball player who has been elected to membership in the Baseball Hall of Fame.

   Prayer by Chaplain Svoboda:

 Keep in our prayers today Jerry Aday.

       Loving God,

            We are an imperfect people
        living in an imperfect world.
       Accidents happen.

        Tragedies happen.
        Injustices happen.
       As we grapple with writing the laws for this state,

        be present to remind us
        that we have the power
        to reduce accidents,
        to decrease tragedies,
        and to stand up against injustice.
       Give us the courage to do it.

       Amen.


   The Pledge of Allegiance was led by Rep. Storm.

     SCR 1610, as follows, was read by the House Reading Clerk.

      SENATE CONCURRENT RESOLUTION No. 1610--

    A  SENATE AND HOUSE CONCURRENT  RESOLUTION congratulating
and commending George Brett.
        WHEREAS,  George Brett, a resident of the state of Kansas and former Kansas City
Royals baseball player, has been elected to membership in the Baseball Hall of Fame; and

      WHEREAS,  George Brett is one of three professional baseball players who will be
inducted into the Baseball Hall of Fame on July 25, 1999, at Cooperstown, New York. He
was elected to membership upon his first year of eligibility with a 98.19 percentage of the
votes cast--the fourth highest voting percentage in the history of the award; and

      WHEREAS,  George Brett's career spanned a total of 21 seasons and resulted in 3,154
total hits; a career batting average of .305, 317 home runs, three batting titles, 13 all-star
selections and one most valuable player selection. He is the only player in major league
history to have 3,000 hits, 300 home runs, 600 doubles, 100 triples and 200 stolen bases,
and he is the only player to win batting titles in three different decades--1976, 1980 and
1990. He is remembered by many as the person who hit the famous ``Pine Tar Home Run''
off Rich Gossage of the New York Yankees on July 24, 1983, at Yankee Stadium. The Kansas
City Royals retired George Brett's number, number 5, and inducted him into the club's Hall
of Fame on May 14, 1994; and

      WHEREAS,  In 1981, George Brett joined with Keith R. Worthington, an ALS victim,
to raise funds to find the cause and a cure for ALS, the Lou Gehrig disease. After Keith
Worthington died of ALS, George Brett established the George Brett Research Fund for
ALS. He has sponsored charity auctions and George Brett Celebrity Golf Tournaments at
Kansas City and Wichita, and the fund has raised $860,000 as of December, 1998; and

      WHEREAS,  George Brett has remained as a part of the Kansas City Royals organization
since his retirement as a player, and for over two decades has made Kansas Citians feel
good, feel special and feel proud of themselves, their city and their baseball team; and

      WHEREAS,  George Brett lives in Mission Hills, Kansas, with his wife, Leslie, and their
three sons, Jackson, Dylan and Robin; and

      WHEREAS,  George Brett is being honored in a joint session of the Kansas Legislature
and as a special guest of Governor Bill Graves on February 8, 1999: Now, therefore,

      Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring
therein: That we congratulate and commend George Brett upon his election to
membership in the Baseball Hall of Fame; and honor him as a distinguished Kansan.

 Without objection, the following remarks by Dr. James B. Carothers, University of Kansas,
are spread upon the Journal:

 Governor Graves, President Bond, Speaker Jennison, Members of the Legislature,
distinguished guests, Mr. Brett, Mrs. Brett, members of the Brett family, ladies and
gentlemen:

 We are here today to honor George Brett, our friend, our neighbor, our fellow citizen,
our hero, on his election to baseball's Hall of Fame. It is our honor to share in the honor
that has come to him, and it is our pleasure to share in the ongoing celebration of that
honor.

 The ancient Greeks envisioned their gods relaxing and contending and cavorting on
Mount Olympus. In Scandinavian mythology, the souls of heroes were transported to
Valhalla, where an eternity of feasting and celebration awaited them. The Romans erected
a Pantheon to contain and celebrate its heroes in perpetuity. Parisians followed with a
Pantheon of their own, while the British adapted Westminster Abbey to this purpose.

 The American baseball equivalent to these institutions is in Cooperstown, New York, the
apocryphal ``birthplace of baseball.'' More importantly, Cooperstown is the site of baseball's
Hall of Fame, where its immortals are enshrined, with bronze plaques attesting to their
achievements on the green diamond. In July, George Brett will be inducted into baseball's
Hall of Fame.

 I will not use this brief part of this celebration to repeat the statistical accomplishments
of the Kansas City Royals' ``Number 5.'' Your own resolution includes the most significant
of the numbers that will, inevitably, appear on George Brett's plaque. Rather, I should like
to take a few moments to call attention to the qualities of character that sustained George
Brett through his magnificent career, and that should sustain us as we remember and
celebrate his achievements.

 George Brett was, first and foremost, a baseball competitor. Early on he learned the skills
and habits of mind and performance that led to winning. He learned the skills and habits
of mind and performance that led to winning. He learned to hit hard and run hard and play
hard, with determination, enthusiasm, and humor. He was a ``gamer,'' the man you wanted
to be at bat with two out and the winning run on second, the man you wanted to go from
first to third on a short single, the man you wanted when the situation called for courage,
determination, and performance. George Brett was loyal to his teammates, his coaches, and
his managers. His generous acknowledgment of personal debts to Hal McRae and Jamie
Quirk, his tributes to hitting coach Charlie Lau, his unwavering support for Dick Howser,
his appreciation of Ewing Kauffman and Avron Fogelman-among many others-all
demonstrate that when George Brett was isolated at the center of attention off the field, he
was every bit the unique human individual he was when we were watching him on the field.
His love for his family, his dedication to the Amyotrophic Lateral Sclerosis battle, his loyalty
and commitment to the Royals' organization, and his respect for the game of baseball itself
all bespeak the exemplary nature of his loves.

 He was a Royal and he was always going to be a Royal. He was the one we waited to see,
not wanting to leave until his last at bat in the eighth or ninth inning, regardless of the score.
He led the Royals at bat, on base, and in the field in successful quest of division, league,
and world championships. He upheld the integrity of the game in the Pine Tar Incident,
going immediately and wholeheartedly into action in physical articulation of the principle
that the small letter of an obscure law shall not be used to cancel an honest, positive, and
significant human achievement.

 Baseball provides for us a means of escape to a wonderful green world, where values are
clear and unequivocal, where there are no clocks and calendars. We baseball fans escape in
actuality when we go to the games, in memory when we recall the games we have seen, and
in imaginationwhen we envision what might have been or what might yet be. Each of us
has our own pictures of George Brett in this green world. For many it was the way he batted.
His scorching line-drive hits, his big home runs that started and extended rallies that won
games and pennants were his signature: you might get him out, but you couldn't pitch to
him. My own favorite memory of this kind came in the summer of 1980 when, in a crucial
game situation, with George chasing the elusive .400 standard, he fouled off six full-count
pitches from a tough lefthander before blistering a triple up the rightfield line.

 He was injured often, but they couldn't keep him out or down very long, and he always
came back more determined than ever. After his retirement as an active player, he fought
to get the artificial turf replaced with real grass, for the safety of the players who followed
him. He worked hard at his defense at third base, he changed positions for the sake of the
team, without complaint, and he retired rather than playing another year for the money.
``Baseball doesn't deserve that,'' he said. We know that baseball needs a lot more like George
Brett.

 So George, congratulations on your honor, and thank you for the years and the joys you
have given us in your summers in the sun. In the field of our dreams, you are always up to
bat.

 Governor Graves then addressed a few remarks and presented George Brett with a
Sudlow lithograph and a framed copy of SCR 1610, A Senate and House Concurrent
Resolution congratulating and commending George Brett.

 George Brett then addressed a few remarks, followed by the singing of ``Take Me Out to
the Ball Game,'' presented by children from Helen Hocker Theater in Topeka, directed by
Patti Van Slyke.

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

 HB 2308, An act relating to property taxation; exempting property of certain domestic
and fraternal societies, orders or associations; amending K.S.A. 79-201 and repealing the
existing section, by Representative McCreary (By request).

 HB 2309, An act concerning hate crimes; relating to sentencing and punishment; civil
remedies; reporting; amending K.S.A. 1998 Supp. 21-4704 and 21-4716 and repealing the
existing sections, by Representative Haley.

 HB 2310, An act concerning cities; relating to the rehabilitation of abandoned property;
amending K.S.A. 79-3102 and K.S.A. 1998 Supp. 12-1750, 12-1752, 12-1753, 12-1756a, 12-
1756b, 12-1756c, 12-1756d, 12-1756e and 12-1756f and repealing the existing sections, by
Representative Haley.

 HB 2311, An act concerning solid waste; relating to recycled materials; amending K.S.A.
1998 Supp. 65-3415a and 65-3415b and repealing the existing sections, by Representative
Haley.

 HB 2312, An act concerning the Kansas turnpike authority; relating to tolls; amending
K.S.A. 68-2004 and repealing the existing section, by Representative Haley.

 HB 2313, An act concerning crimes and punishment; relating to cruelty to animals;
increasing penalty; amending K.S.A. 1998 Supp. 21-4310 and repealing the existing section,
by Representative Haley.

 HB 2314, An act enacting the childhood lead poisoning prevention act; requiring
licensure of business entities and public agencies; certification of persons who provide,
engage in or conduct lead-based paint activities; accreditation of training programs;
prohibiting certain acts; providing penalties for violations; authorizing a childhood lead
poisoning prevention program, by Representatives Haley and Storm, Adkins, Ballard,
Barnes, Benlon, Campbell, Cox, Crow, Findley, Flaharty, Franklin, Gilbert, Henderson,
Henry, Huff, Kirk, Morrison, Pauls, Reardon, Rehorn, Sharp, Spangler, Swenson and
Tomlinson.

 HB 2315, An act concerning cities; relating to reconstruction or repair of sidewalks, by
Representative Haley.

 HB 2316, An act concerning the department of corrections; relating to the relocation of
certain functions; concerning officers and employees affected therefrom; prescribing certain
benefits and procedures therefor; amending K.S.A. 75-5542 and K.S.A. 1998 Supp. 46-233
and repealing the existing sections, by Representatives Kuether, Flora, Hutchins, Jenkins,
Kirk, Mays, Nichols and Toelkes .

 HB 2317, An act relating to motor vehicles; concerning driver's licenses; providing certain
restrictions; penalties; amending K.S.A. 1998 Supp. 8-237, 8-239, 8-296, 8-1014 and 8-1567a
and repealing the existing sections, by Committee on Transportation.

 HB 2318, An act concerning abortion; financial responsibility for costs relating to
abortions performed on certain minors, by Representatives O'Connor, Aday, Faber, Farmer,
Hutchins, Phill Kline, Landwehr, P.Long, Mason, Mollenkamp, Myers, Ruff and Swenson.

 HB 2319, An act concerning humane treatment of the human fetus; requiring
administration of an anesthetic or analgesic to the fetus under certain circumstances, by
Representatives O'Connor, Aday, Faber, Hutchins, Phill Kline, Landwehr, P.Long, Mason,
Myers, Ruff, Shultz and Swenson.

 HB 2320, An act concerning port authorities; relating to the creation thereof; amending
K.S.A. 12-3402 and repealing the existing section, by Representative Wilk.

 HB 2321, An act concerning contagious or infectious diseases among domestic animals;
amending K.S.A. 1998 Supp. 47-635 and repealing the existing section, by Committee on
Agriculture.

 HB 2322, An act concerning utilities; relating to billing procedures, by Committee on
Utilities.

 HB 2323, An act concerning state agencies; relating to the payment of certain fees, by
Committee on Governmental Organization and Elections.

 HB 2324, An act concerning elections; relating to advance voting; amending K.S.A. 1998
Supp. 25-1122 and repealing the existing section, by Committee on Governmental
Organization and Elections.

 HB 2325, An act concerning elections; relating to advance voting; amending K.S.A. 1998
Supp. 25-1122, 25-1123 and 25-1124 and repealing the existing sections, by Committee on
Governmental Organization and Elections.

 HB 2326, An act concerning elections; relating to primary elections; amending K.S.A.
25-210, 25-211, 25-212, 25-213a, 25-215 and 25-216 and K.S.A. 1998 Supp. 25-213 and
repealing the existing sections; also repealing K.S.A. 1998 Supp. 25-3301, by Committee on
Governmental Organization and Elections.

 HB 2327, An act concerning schools; prohibiting the employment of certain persons, by
Committee on Governmental Organization and Elections.

 HB 2328, An act concerning elections; relating to advance voting; amending K.S.A. 1998
Supp. 25-1122, 25-1124 and 25-1128 and repealing the existing sections, by Committee on
Governmental Organization and Elections.

      HOUSE CONCURRENT RESOLUTION No. 5022--

    By Representative Haley
  A  PROPOSITION to amend section 4 of article 2 of the constitution of the state of
Kansas, relating to qualifications of members of the legislature.


Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the House of Representatives and two-thirds of the
      members elected (or appointed) and qualified to the Senate concurring therein:
            Section  1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
4 of article 2 of the constitution of the state of Kansas is hereby amended to read as follows:

      ``§  4. Qualifications of members. During the time that any person is a candidate for
      nomination or election to the legislature and for the six months immediately preceding
      the time a person is a candidate and during the term of each legislator, such candidate
      or legislator shall be and remain a qualified elector who resides in his or her such
      legislator's district.''


      Sec.  2. The following statement shall be printed on the ballot with the amendment as
a whole:

     
      ``Explanatory statement. The constitution of this state requires a person to be a resident
      of the legislative district at the time such person becomes a candidate for nomination
      or election to the legislature.

      ''A vote for this amendment would require a person to be a resident of the legislative
      district for six months before becoming a candidate for the legislature.

      ``A vote against this amendment would retain the current requirement of residency at
      the time a person becomes a candidate for nomination or election to the legislature.


      Sec.  3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected
(or appointed) and qualified to the Senate shall be entered on the journals, together
with the yeas and nays. The secretary of state shall cause this resolution to be published
as provided by law and shall cause the proposed amendment to be submitted to the
electors of the state at the general election in the year 2000 unless a special election is
called at a sooner date by concurrent resolution of the legislature, in which case it shall
be submitted to the electors of the state at the special election.

CORRECTION OF REFERENCE
 Speaker Jennison announced SCR 1601 appearing on the Calendar under Reference of
Bills and Concurrent Resolutions as being referred to Kansas 2000 Select Committee, should
be corrected to be referred to Committee on Governmental Organization and Elections.

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

   Agriculture: HB 2286.

 Appropriations: HB 2282, 2299; SB 39.

 Business, Commerce and Labor: HB 2287.

 Education: HB 2288, 2303, 2304.

 Environment: HB 2289, 2291.

 Federal and State Affairs: HB 2298, 2305; HCR 5021; SB 57; SCR 1607.

 Financial Institutions: HB 2295, 2296, 2297.

 Governmental Organization and Elections: HB 2294, SCR 1601.

 Health and Human Services: SCR 1606.

 Insurance: HB 2280.

 Judiciary: HB 2281, 2283, 2284, 2292, 2300, 2301, 2302, 2307; SB 89.

 Taxation: HB 2285; SB 59.

 Transportation: HB 2293.

 Utilities: HB 2290.

 Kansas 2000 Select: HB 2306.

CONSENT CALENDAR
 Objection was made to HB 2092 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 second
day.

READING AND CORRECTION OF THE JOURNAL
 In the Journal, on page 118, under Introduction of Bills and Concurrent Resolutions, the
following correction should be made in the sponsors of HB 2239: Rep. J. Peterson should
be deleted and Rep. E. Peterson should be inserted.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, February
9, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.