The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with123 members present.
Rep. Aday was excused on verified illness.
Rep. Compton was excused on legislative business.
Prayer by guest chaplain, the Rev. John C. Thompson, pastor, Wesley United Methodist
Church, Iola, and guest of Rep. Dreher:
Members of this House- In recognition and respect of the diversity of people and
traditions that make up this body, I invite each to be in a spirit of prayer to the God
of their understanding and tradition.
We thank you for the beauty of this new day and for the Blessings that we have
already received and enjoyed from You. For the opportunity and opportunities that
You have set before us.
We thank you for the opportunity and responsibility to come together to represent
and conduct the business of this great state of Kansas and to represent our fellow
Kansans.
We pray for one another, for our governor Bill Graves, and for all in roles and
leadership and service. Give to each eyes that have Vision and see direction, that see
the needs of the people. Give to each a mind of discernment to make decisions to
best address those needs. Give to each a heart of love, caring, compassion and justice
to provide for the provision of those needs. And the courage to act on those decisions
for the greater good of Kansans.
Bless the work that is done in our Committees, this House, and the Senate. May
it honor Your and may it be a Blessing to our fellow Kansans.
We ask and pray in your Name and I pray in the Name of Jesus. Amen.
The Pledge of Allegiance was led by Rep. Dreher.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2329, An act concerning district magistrate judges; relating to residence thereof;
amending K.S.A. 20-334 and repealing the existing section, by Committee on Judiciary.
HB 2330, An act concerning children; relating to paternity and visitation rights; amending
K.S.A. 1998 Supp. 38-1121 and repealing the existing section, by Committee on Judiciary.
HB 2331, An act concerning crimes and punishments; cheating or defrauding a person
primarily engaged in the retail sale of property or services, by Committee on Judiciary.
HB 2332, An act concerning the code of civil procedure; relating to writs of execution
uponproperty; service of notice; form, by Committee on Judiciary.
HB 2333, An act concerning the code of civil procedure; relating to provisions for child
support; amending K.S.A. 1998 Supp. 60-1610 and repealing the existing section, by
Committee on Judiciary.
HB 2334, An act concerning school district finance; affecting the counting of pupils
attending kindergarten; amending K.S.A. 1998 Supp. 72-6407 and repealing the existing
section, by Representatives Storm and Showalter, Ballard, Benlon, Bethell, Crow, Empson,
Findley, Flaharty, Haley, Helgerson, Horst, Kirk, Lloyd, Mayans, E. Peterson, Phelps,
Powers, Ruff, Sharp, Shriver, Sloan, Stone, Toelkes, Tomlinson and Wells.
HB 2335, An act concerning delinquent property taxes; relating to notice thereof;
amending K.S.A. 79-2001 and repealing the existing section; also repealing K.S.A. 19-547
and 79-2003, by Representative Flora.
HB 2336, An act concerning the district court; relating to the clerk of the district court;
amending K.S.A. 20-3133 and repealing the existing section, by Representative Swenson.
HB 2337, An act concerning the district coroner; relating to the disposition of the bodies
of deceased persons; amending K.S.A. 1998 Supp. 22a-215 and repealing the existing
section, by Representative Hermes.
HB 2338, An act concerning cities; relating to the incorporation thereof; amending K.S.A.
15-123 and repealing the existing section, by Representative Hermes.
HB 2339, An act concerning cities and counties; relating to planning and zoning;
amending K.S.A. 12-744 and repealing the existing section, by Representative Hermes.
HB 2340, An act concerning elections; relating to advance ballots; amending K.S.A. 1998
Supp. 25-1135, 25-1136 and 25-3002 and repealing the existing sections, by Representative
Hermes.
HB 2341, An act concerning schools; requiring boards of education to adopt policies on
pupil discipline and behavior; providing immunity from civil and criminal liability for certain
actions of teachers, boards of education and school administrators, by Representatives Lloyd,
Compton, Freeborn, Horst, Humerickhouse, Hutchins, Krehbiel, Light, Mason, O'Neal,
Shultz, Storm, Tanner, Vining and Weber.
HB 2342, An act concerning civil procedure; relating to exemptions from claims of
creditors; pension and retirement assets; amending K.S.A. 60-2308 and repealing the existing
section, by Representatives Lightner, Aday, Burroughs, Dahl, Flaharty, Franklin, Haley,
Howell, McCreary, Myers, O'Connor, Palmer, Stone and Tanner.
HB 2343, An act concerning consumer protection; relating to telecommunications
services; amending K.S.A. 1998 Supp. 50-6,103 and repealing the existing section, by
Committee on Utilities.
HB 2344, An act concerning adoption; relating to the requirement of a father's consent
in stepparent adoption; support obligation; amending K.S.A. 59-2136 and repealing the
existing section, by Representative Stone.
HB 2345, An act concerning civil procedure; relating to exemptions; amending K.S.A.
60-2304 and repealing the existing section, by Representative Freeborn (By request).
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
MESSAGE FROM THE GOVERNOR To the members of the 1999 Kansas Legislature:
I am today submitting Executive Reorganization Order No. 29 to the 1999 Kansas
Legislature. Under this order, the commission on emergency planning and response is
established to facilitate and advise the division of emergency management, the adjutant
general, and other state agencies involved in the planning, preparation, response and
mitigation of emergencies for the State of Kansas. The commission on emergency planning
and response will also assume the statutory duties of the state emergency response
commission, as set forth in K.S.A. 65-5703 et.seq. The membership of the commission on
emergency planning and response will include those state agencies primarily responsible for
addressing emergency disasters on behalf of the state. The commission will also include
representatives of the cities, counties and business/industry. To adequately address
emergency disasters in the State of Kansas, we need a partnership of planning and response
between state, county and local governments and their responding officials. The commission
on emergency planning and response will enhance the communication between all levels of
government and increase the chance of averting a disaster or minimizing the effects of a
disaster.
The public safety of Kansas citizens is a priority for this administration and can best be
accomplished through a coordinated effort by federal, state and local agencies responsible
for various functions of planning, mitigation and response to disasters. It is my expectation
the commission on emergency planning and response will serve as a fundamental link in
facilitating emergency preparedness partnerships.
By the Governor,
Bill Graves
Date: February 8, 1999
EXECUTIVE REORGANIZATION ORDER NO. 29
By Governor Bill Graves
Transmitted February 8, 1999
Section 1. (a) On the effective date of this order, there is hereby established the com-
mission on emergency planning and response.
(b) The membership of the commission on emergency planning and response shall consist
of the agency head or secretary or a designated person of authority from the following
agencies:
(1) the fire marshal;
(2) the department of health and environment;
(3) the department of transportation;
(4) the Kansas highway patrol;
(5) the adjutant general; and
(6) the department of commerce and housing.
(c) In addition, the membership of the commission on emergency planning and response
shall also consist of seven members appointed by the governor as follows:
(1) Two individuals shall be representative of counties;
(2) two individuals selected to represent cities; and
(3) three individuals selected to represent businesses and industries.
(d) Adesignee of the adjutant general shall serve as the secretary of the commission on
emergency planning and response. The adjutant general shall provide staff support for the
commission on emergency planning and response.
(e) Of the members first appointed to the commission on emergency planning and re-
sponse by the governor, one representative of cities, one representative of counties, and one
representative of business and industry shall serve a term of two years, and the remainder
of the members appointed by the governor shall serve terms of three years. Thereafter,
members who represent cities, counties, and business and industry shall serve terms of four
years and until the successor has been appointed. Any vacancy in the office of an appointed
member shall be filled for the unexpired term by appointment by the governor.
(f) A chairperson shall be elected annually by the members of the commission. A vice-
chairperson shall be designated by the chairperson to serve in the absence of the
chairperson.
(g) For attending meetings of such commission, or attending a subcommittee meeting
thereof authorized by such commission, those members of the commission appointed by
the governor shall be paid compensation, subsistence allowances, mileage and other ex-
penses as provided in K.S.A. 75-3223, and amendments thereto.
Sec. 2. The commission on emergency planning and response shall have the following
functions, powers and duties:
(a) Carry out all requirements of the federal emergency planning and community right-
to-know act of 1986, 42 U.S.C. 11001-11005, and amendments thereto, hereinafter called
the ``federal act'';
(b) provide assistance and advice in establishing policy for the coordination of state agency
activities relating to emergency training, preparedness, planning, and response;
(c) provide assistance and advice in establishing policy and procedures for chemical re-
lease reporting and prevention, transportation, manufacture, storage, handling, and use;
(d) facilitate and advise the division of emergency management, the adjutant general, and
others in the preparation and implementation of all emergency plans prepared by state
agencies;
(e) facilitate and advise the division of emergency management, the adjutant general, and
others in the preparation and implementation of statewide, interjurisdictional, and local
emergency plans prepared in accordance with state and federal law;
(f) designate, and revise as necessary, the boundaries of emergency planning districts in
accordance with the federal act;
(g) approve the local emergency planning committee for each emergency planning
district;
(h) review reports about responses to disaster emergencies and make recommendations
to the appropriate parties involved in the response concerning improved prevention, miti-
gation, and preparedness;
(i) provide assistance and advice to the division of emergency management and the ad-
jutant general in coordinating, advising, or planning tasks related to community right-to-
know reporting, toxic chemical release reporting, management of hazardous substances,
emergency planning and preparedness for all types of hazards, and emergency planning and
preparedness for all types of disasters, as defined in K.S.A. 48-925;
(j) recommend procedures to integrate, as appropriate, hazardous substance response
planning under 42 U.S.C. 11001-11005, federal contingency planning under 33 U.S.C. 1321
and other federal laws as applicable to hazardous substance discharges, and state, regional,
and local planning;
(k) provide recommendations and advice to the adjutant general and the secretary of
health and environment regarding the adoption of regulations as authorized to carry out the
purposes of all state hazard preparedness and planning laws and the federal act, 42 U.S.C.
11001- 11005; and
(l) approve the fees established by rules and regulations of the adjutant general to cover
all or part of the total operational costs of implementing the provisions of the federal act.
Sec. 3. The state emergency response commission created by K.S.A. 65-5703 is hereby
abolished.
(a) Except as otherwise provided by this order, all of the powers, duties, and functions of
the existing state emergency response commission are hereby transferred to and conferred
and imposed upon the commission on emergency planning and response.
(b) Whenever the phrase ``state emergency response commission'' or words of like effect,
are referred to or designated by a statute, rule and regulation, contract or other documents,
the reference or designation shall be deemed to apply to the commission on emergency
planning and response.
(c) All orders and directives of the state emergency response commission shall continue
to be effective and shall be deemed to be orders and directives of the commission on
emergency planning and response until revised, amended or nullified pursuant to law.
Sec. 4. Except as otherwise provided by this order, the commission on emergency plan-
ning and response established by this order shall be the successor in every way to the powers,
duties, and functions of the state emergency response commission which were vested prior
to the effective date of this order and which are transferred pursuant to section 3. Every
act performed in the exercise of such powers, duties, and functions by or under the authority
of the commission on emergency planning and response shall be deemed to have the same
force and effect as if performed by the state emergency response commission in which such
powers, duties, and functions were vested prior to the effective date of this order.
Sec. 5. (a) Except as otherwise provided by this order, all of the powers, duties, and
functions of the secretary of health and environment relating to provision of support for the
oversight and administrative activities of the state emergency response commission as prov-
idedin K.S.A. 65-5704(a), and amendments thereto, are hereby transferred to and conferred
and imposed upon the adjutant general.
(b) Except as otherwise provided by this order, whenever the words ``secretary of health
and environment'' or words of like effect are referred to or designated by a statute, rule and
regulation, contract or other document in connection with the powers, duties, and functions
transferred from the secretary of health and environment to the adjutant general by this
order, the reference or designation shall be deemed to apply to the adjutant general.
Sec. 6. All rules and regulations, orders, and directives of the secretary of health and
environment relating to those duties, functions, and powers transferred to the adjutant
general by section 5 shall continue to be effective and shall be deemed to be rules and
regulations, orders and directives of the adjutant general until revised, amended or nullified
pursuant to law.
Sec. 7. Except as otherwise provided by this order, the adjutant general shall be the
successor in every way to the powers, duties, and functions of the secretary of health and
environment which were vested prior to the effective date of this order and which are
transferred pursuant to section 5. Every act performed in the exercise of such powers, duties,
and functions by or under the authority of the adjutant general shall be deemed to have the
same force and effect as if performed by the secretary of health and environment in which
such powers, duties, and functions were vested prior to the effective date of this order.
Sec. 8. (a) Except as otherwise provided by this order, the powers, duties, and functions
of the adjutant general and secretary of health and environment related to approval of local
planning districts as provided by K.S.A. 65-5703(f), and amendments thereto, are hereby
transferred to and conferred and imposed upon the commission on emergency planning
and response.
(b) Except as otherwise provided by this order, whenever the words ``adjutant general''
or ``secretary of health and environment'' or words of like effect are referred to or designated
by a statute, rule and regulation, contract or other document in connection with the powers,
duties, and functions transferred by this order from the adjutant general and the secretary
of health and environment to the commission on emergency planning and response, the
reference or designation shall be deemed to apply to the commission on emergency planning
and response.
(c) All rules and regulations, orders, and directives of the adjutant general and of the
secretary of health and environment relating to the powers, duties, and functions transferred
to the commission on emergency planning and response by this order shall continue to be
effective and shall be deemed to be rules and regulations, orders, and directives of the
commission on emergency planning and response until revised, amended or nullified pur-
suant to law.
Sec. 9. Except as otherwise provided by this order, the commission on emergency plan-
ning and response established by this order shall be the successor in every way to the powers,
duties, and functions of the adjutant general and the secretary of health and environment
in which the same were vested prior to the effective date of this order and which are
transferred pursuant to section 8. Every act performed in the exercise of such powers, duties,
and functions by or under the authority of the commission on emergency planning and
response shall be deemed to have the same force and effect as if performed by the adjutant
general or the secretary of health and environment in which such powers, duties, and func-
tions were vested prior to the effective date of this order.
Sec. 10. (a) The adjutant general and the secretary of health and environment shall engage
in consultations with the purpose of reaching agreement regarding the disposition of allp-
roperty, all property rights, and records which were used for or pertain to the performance
of any of the powers and duties transferred to the adjutant general pursuant to this order.
(b) Any conflict as to the proper disposition of property, records, or the unexpended
balance of any appropriation arising as a result of any abolition, transfer, attachment or
change made by this order shall be determined by the governor, whose decision shall be
final.
Sec. 11. No suit, action, or other proceeding, judicial or administrative, lawfully com-
menced, or which could have been commenced, by or against any state agency, or program
mentioned in this order, or by or against any officer of the state in such officer's official
capacity or in relation to the discharge of such officer's official duties, shall abate by reason
of the governmental reorganization effected under the provisions of this order. The court
may allow any such suit, action, or other proceeding to be maintained by or against the
successor of any such state agency or any officer affected.
Sec. 12. All of the provisions of this order shall take effect and have the force of general
law on July 1, 1999, unless disapproved by either house of the legislature as provided by
subsection (c) of section 6 of article 1 of the Constitution of Kansas. This order, unless so
disapproved, is to be published as and with the acts of the legislature and the statutes of
this state.
DONE at the capitol in Topeka under the great seal of the state of Kansas this 8th day
of February, 1999.
By the Governor
Bill Graves
Ron Thornburgh
Secretary of State
The above ERO 29 received from the Governor on February 8, 1999, was read by title.
Speaker pro tem Mays announced ERO 29 would be printed and placed in the bill books.
CONSENT CALENDAR
No objection was made to HB 2192 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2192, An act relating to trusts and trustees; providing notice to creditors of decedent,
was considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Morrison in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Morrison, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2101, 2135 be passed.
Committee report to HB 2102 be adopted; and the bill be passed as amended.
Committee report to HB 2136 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Governmental Organization and Elections recommends HB 2086 be passed.
The Committee on Tourism recommends HB 2105 be passed.
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 2346, An act concerning elections; relating to campaign finance; amending K.S.A.
25-4142 and K.S.A. 1998 Supp. 25-4143 and repealing the existing sections, by Represen-
tative Carmody.
HB 2347, An act concerning children and minors; relating to visitation rights of grand-
parents; amending K.S.A. 38-129 and K.S.A. 1998 Supp. 60-1616 and repealing the existing
sections, by Representative Tanner (By request).
HB 2348, An act concerning school districts; relating to teachers; establishing a grant
program for development of peer assistance and peer assistance and review programs, by
Committee on Education.
HB 2349, An act concerning state universities; relating to athletic scholarships, by Com-
mittee on Education.
HB 2350, An act concerning retirement; relating to the Kansas public employees retire-
ment system and systems related thereto; retirement benefits and certain increases thereof;
amending K.S.A. 1998 Supp. 74-4922 and repealing the existing section, by Representative
Tanner (By request).
HB 2351, An act relating to telecommunications public utilities; concerning unpublished
phone numbers, by Committee on Governmental Organization and Elections.
HB 2352, An act concerning courts; relating to district magistrate judges; residency
requirements; amending K.S.A. 20-334 and repealing the existing section, by Representative
Schwartz.
HB 2353, An act concerning public accountancy; relating to discipline of practitioners
thereof; amending K.S.A. 1998 Supp. 1-310 and 1-311 and repealing the existing sections,
by Committee on Business, Commerce and Labor.
HB 2354, An act concerning public accountancy; relating to the regulation of certified
public accounts; amending K.S.A. 1998 Supp. 1-202, 1-316 and 1-319 and repealing the
existing sections, by Committee on Business, Commerce and Labor.
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 admin-
istration, by Representatives Kirk, Flora, Hermes, Hutchins, Jenkins, Kuether, Mays, Nich-
ols and Toelkes.
HB 2356, An act concerning crimes, criminal procedure and punishment; relating to an
offender's criminal history classification; amending K.S.A. 1998 Supp. 21-4711 and repealing
the existing section, by Representative Edmonds.
HB 2357, An act establishing the Kansas postsecondary education savings program, by
Committee on Education.
HB 2358, An act concerning elections; establishing a bipartisan commission on campaign
finance reform, by Representatives Findley and Vickrey.
HB 2359, An act concerning small claims procedure; relating to limitations on amount
of claims and number of claims; amending K.S.A. 61-2703, 61-2706 and 61-2713 and K.S.A.
1998 Supp. 61-2704 and repealing the existing sections, by Representative Minor.
HB 2360, An act concerning small claims procedure; relating to corporate representation;
amending K.S.A. 61-2707 and repealing the existing section, by Representative Minor.
HB 2361, An act relating to adult care homes; smoke detectors therein; amending K.S.A.
39-932 and repealing the existing section, by Committee on Health and Human Services.
HB 2362, An act enacting the newborn infant hearing screening act; repealing K.S.A.
65-1,149, 65-1,150, 65-1,152, 65-1,153, 65-1,154, 65-1,155, 65-1,156 and 65-1,157 and
K.S.A. 1998 Supp. 65-1,151, by Committee on Health and Human Services.
HB 2363, An act concerning property taxation; relating to exemptions therefrom; amend-
ing K.S.A. 1998 Supp. 79-201b and repealing the existing section, by Representative Boston
(By request).
HB 2364, An act concerning disclosure of certain information relating to certain judges,
by Representative Adkins.
HB 2365, An act relating to income taxation; authorizing credits for the hiring of devel-
opmentally disabled persons, by Committee on Taxation.
HB 2366, An act repealing K.S.A. 25-4502, 25-4503, 25-4505, 25-4506, 25-4507 and 25-
4508 and K.S.A. 1998 Supp. 25-4501; relating to the presidential preference primary, by
Representative Helgerson.
HB 2367, An act concerning taxation; related to equipment used in manufacturing ad-
vanced technology; amending K.S.A. 79-1439 and repealing the existing section, by Com-
mittee on Economic Development.
HB 2368, An act concerning antiquities; amending K.S.A. 74-5403 and repealing the
existing section, by Representative Shriver.
HB 2369, An act concerning the Kansas police and firemen's retirement system; relating
to affiliation by certain participating employers; amending K.S.A. 74-4954 and repealing the
existing section, by Representative Tomlinson.
HB 2370, An act concerning methods of taking wildlife; amending K.S.A. 1998 Supp.
32-1003 and repealing the existing section, by Representative Tomlinson.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday, Feb-
ruary 10, 1999.