Topeka, KS, Thursday, February 11, 1999, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Dean was excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Eternal God,
You ask only two things of us:
to love you,
and to love our neighbors.
Today, as we shuffle through our paperwork,
and sit in our committees,
and speak with those around us,
Help us to keep the simplicity of your message in our minds:
that in all we do
we may show our love for you,
and enact love for our neighbors.
In Christ's name we pray.
Amen.
The Pledge of Allegiance was led by Rep. Phill Kline.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill and concurrent resolutions were introduced and read by title:
HB 2479, An act enacting the dental hygienists student loan act; authorizing loans for
certain dental hygiene students; providing for administration by the state board of education,
by Committee on Education.
HOUSE CONCURRENT RESOLUTION No. 5024--
By Representative Tanner
(By Request)
A CONCURRENT RESOLUTION requesting enactment of legislation regarding the
regulation and reduction of prescription drug prices.
WHEREAS, Kansas is one of 24 states that have a Silver Haired Legislature and the
Kansas Silver Haired Legislature conducted its 16th Annual Session in October of 1998;
and
WHEREAS, The Kansas Silver Haired Legislature adopted SHL Resolution No. 1506
which requested the enactment of legislation regarding regulation and reduction of
prescription drug prices; and
WHEREAS, The manufacturing of prescription drugs is dominated by a relatively small
number of pharmaceutical companies which establish the market value of its products and
influence all others; and
WHEREAS, Such pharmaceutical companies encourage pharmacists and physicians to
replace a patient's generic drug with a brand name drug even though the generic drug is
working well; and
WHEREAS, Some brand name drugs are often more expensive than the generic drug:
Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the the Kansas Legislature should enact legislation prohibiting any third-
party administrator, health maintenance organization or health insurance plan which offers
a drug benefit plan from restricting the prescribing or dispensing of generic drugs; and
Be it further resolved: That such legislation should include provisions requiring that:
(a) Health care service plans which provide prescription drug benefits and maintain one
or more drug formularies make available a copy of the most recent or current list of
prescription drugs in the formulary by major therapeutic categories to the client; and
(b) if prior authorization is required for certain drugs, a response to a request for a drug
authorization must be made by the plan administrator within 24 hours or during the next
business day, whichever is sooner, by telephone or telefaxsimilie; and
(c) health care service plans maintain an expedited process by which a prescribing
provider can obtain information pertaining to prescription drug benefits.
HOUSE CONCURRENT RESOLUTION No. 5025--
By Representative Light
(By Request)
A CONCURRENT RESOLUTION requesting that the Governor recommend and the
Kansas Legislature enact funding increases for Fiscal Year 2000 of at least 8% for in-
home services under the Kansas Senior Care Act and for other in-home long-term care
and related programs and services provided through the Department on Aging for
elderly Kansans.
WHEREAS, Kansas is one of 24 states that have a Silver Haired Legislature and the
Kansas Silver Haired Legislature conducted its 16th Annual Session in October of 1998;
and
WHEREAS, The Kansas Silver Haired Legislature adopted SHL Resolution No. 1505
which requested increased funding for in-home services and related programs for elderly
Kansans; and
WHEREAS, Comparing the Governor's recommended Fiscal Year 1999 all funds budget
to the Fiscal Year 1998 approved all funds budget for the Department on Aging for nutrition
grants, community grants, Home and Community-Based Services for the Frail Elderly
(HCBS-FE) program and targeted case management services and excluding funding for
agency operations, nursing facilities and miscellaneous, the Governor recommended funding
for such programs and services equal to an approximately .1% decrease for Fiscal Year 1999
and the Kansas Legislature appropriated funding for such programs and services equal to
an approximately 15.25% increase for Fiscal Year 1999; and
WHEREAS, These in-home services under the Kansas Senior Care Act and other in-
home long-term care and related programs and services provided through the Department
on Aging for elderly Kansans are essential for these persons; and
WHEREAS, If these in-home and related programs and services are not maintained and
expanded to keep pace with the growing population of elderly Kansans, then a substantial
number of elderly Kansans will have to be institutionalized to receive needed services: Now,
therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Governor is hereby requested to recommend and the Kansas Legislature
is requested to enact funding increases from all funds for Fiscal Year 2000 for in-home
services under the Kansas Senior Care Act and for other in-home long-term care and related
programs and services provided through the Department on Aging for elderly Kansans which
constitute at least an 8% increase above the approved funding appropriated from all funds
for Fiscal Year 1999.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
CONSENT CALENDAR
No objection was made to HB 2104, 2184, 2221 appearing on the Consent Calendar
for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2092, An act concerning crimes and punishment; relating to dispositional alternatives;
placement in conservation camps by secretary of corrections; amending K.S.A. 1998 Supp.
21-4603d and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 115; Nays 9; Present but not voting: 0; Absent or not
voting: 1.
HB 2137, An act relating to the secretary of corrections; warrant for arrest of released
inmate for certain violations; amending K.S.A. 1998 Supp. 75-5217 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Empson in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Empson, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2086 be passed.
Committee report to HCR 5002 be adopted; and the resolution be adopted as amended.
Committee report to HB 2012 be adopted; also, on motion of Rep. McKechnie to amend,
the motion did not prevail and the bill be passed as amended.
On motion of Rep. Adkins to amend HB 2094, the motion did not prevail and the bill
be passed.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends SCR 1602, 1605, as amended by Senate
Committee of the Whole, be adopted and, because the committee is of the opinion that the
concurrent resolutions are of a noncontroversial nature, be placed on the consent calendar.
The Committee on Business, Commerce and Labor recommends HB 2075 be passed
and, becuase the committee is of the opinion that the bill is of a noncontroversial nature,
be placed on the consent calendar.
The Committee on Financial Institutions recommends HB 2296 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
The Committee on Health and Human Services recommends HB 2033 be amended
on page 2, in line 22, after ``who'' by inserting ``is waiting to take the examination required
by the board or who'';
On page 5, in line 36, after ``who'' by inserting ``is waiting to take the examination required
by the board or who''; and the bill be passed as amended.
The Committee on Health and Human Services recommends HB 2117 be amended
on page 1, in line 39, by striking ``or'' and inserting ``of''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2155 be amended on page 1, in line 38,
by striking ``may''; in line 39, before ``grant'', by inserting ``and the district judge, upon
determination that the interest of justice requires, and after giving notice to the prosecuting
attorney and hearing the prosecuting attorney's recommendations on the matter, may''; and
the bill be passed as amended.
The Committee on Transportation recommends HB 2141 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
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 and concurrent resolutions were thereupon introduced and read by
title:
HB 2480, An act concerning hunting of deer; relating to certain fees; providing for
controlled deer shoots in certain areas; amending K.S.A. 1998 Supp. 32-937 and 32-988 and
repealing the existing sections, by Committee on Environment.
HB 2481, An act concerning state employees; authorizing the establishment and
implementation of pilot programs related to the civil service, by Committee on Taxation.
HB 2482, An act concerning certain electric public utilities; relating to reduction of retail
rates for electricity, by Committee on Utilities.
HB 2483, An act concerning construction contracts; relating to indemnification
agreements, by Committee on Federal and State Affairs.
HB 2484, An act concerning solid waste; relating to solid waste grants and tonnage fees;
amending K.S.A. 1998 Supp. 65-3415 and 65-3415b and repealing the existing sections, by
Committee on Federal and State Affairs.
HB 2485, An act concerning animal dealers; relating to the Kansas pet animal act;
amending K.S.A. 1998 Supp. 47-1701 and repealing the existing section, by Committee on
Agriculture.
HB 2486, An act concerning agriculture; enabling Kansas to enter into the southern dairy
interstate compact, by Committee on Agriculture.
HB 2487, An act establishing a task force to study the implementation of statewide
workforce development plans, by Committee on Education.
HB 2488, An act enacting the uniform child-custody jurisdiction and enforcement act;
amending K.S.A. 38-1503, 59-2128, 60-1604, 60-1605, and 60-1611 and K.S.A. 1998 Supp.
60- 1610 are hereby repealed; also repealing K.S.A. 38-1301 through 38-1326 and 38-1335,
by Committee on Judiciary.
HOUSE CONCURRENT RESOLUTION No. 5026--
By Representative Light
(By Request)
A CONCURRENT RESOLUTION requesting the Kansas Legislature to enact
amendments to the Kansas statutes prescribing further or more particular requirements,
grounds and procedures for the recall of elected public officers to reduce the possibility
of frivolous petitions for recall or petitions for recall that contain inaccurate or false
allegations being promoted and filed against elected public officers.
WHEREAS, Kansas is one of 24 states that have a Silver Haired Legislature and the
Kansas Silver Haired Legislature conducted its 16th Annual Session in October of 1998;
and
WHEREAS, The Kansas Silver Haired Legislature adopted SHL Resolution No. 1513
which requested amendments to Kansas statutes regarding recall of elected public officials;
and
WHEREAS, The Constitution of the State of Kansas, in section 3 of article 4, provides
that all public officials in the state, except judicial officers, are to be subject to recall by the
voters of the jurisdiction from which elected and that procedures and grounds therefor are
to be prescribed by law; and
WHEREAS, The grounds for recall of elected officials set forth in K.S.A. 25-4302 are
``conviction of a felony, misconduct in office, incompetence or failure to perform duties
prescribed by law''; and
WHEREAS, Even though the Kansas statutes require that each petition for recall include
the grounds for recall and have been interpreted to require that the petition must state the
grounds with particularity, there have been instances of frivolous petitions for recall, or even
petitions containing inaccurate or false allegations, being promoted and filed against public
office holders; and
WHEREAS, In addition to the considerable time and money required to file for and
conduct a campaign to be elected to office, elective public office carries with it a certain
loss of privacy which has the tendency to discourage qualified persons from running for
office; and
WHEREAS, A petition for recall, however frivolous or erroneous, can cause damage to
an elected public officer's reputation and can cause emotional pain or anxiety to the officer
and to the officer's family and friends, and the mere possibility of this happening to a person
who is considering running for election or the example of this happening to another person
in public office can effectively discourage qualified persons from permitting their names to
be placed in nomination for elective office: Now, therefore,
Be it resolved by the House of Representative of the State of Kansas, the Senate concurring therein: That the Kansas Legislature is hereby requested to enact amendments to the
Kansas statutes prescribing further or more particular requirements, grounds and
procedures for the recall of elected public officers, except judicial officers, to reduce the
possibility of frivolous petitions for recall or petitions for recall that contain inaccurate or
false allegations being promoted and filed against elected public officers.
HOUSE CONCURRENT RESOLUTION No. 5027--
By Representative Light
(By request)
A CONCURRENT RESOLUTION urging the strengthening of campaign finance and
procedure for disclosure requirements of campaign expenditures and contributions.
WHEREAS, The full disclosure of campaign expenditures and contributions would help
ensure the integrity of elections; and
WHEREAS, The lack of strong campaign finance laws weaken a democratic government;
and
WHEREAS, The high cost of conducting an effective campaign for elective office
severely limits, if not eliminates, the possibility of the average citizen to serve this state as
an elected official; and
WHEREAS, Kansas is one of 24 states that have a Silver Haired Legislature and the
Kansas Silver Haired Legislature conducted its 16th Annual Session in October 1998; and
WHEREAS, The Kansas Silver Haired Legislature adopted SHL Resolution No. 1509
which urged the enactment of laws to strengthen existing campaign finance and disclosure
requirements of campaign expenditures and contributions: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the legislature of the state of Kansas is urged to strengthen existing campaign
finance and disclosure requirements of campaign expenditures and contributions.
COMMITTEE ASSIGNMENTS
Speaker pro tem Mays announced the following additions to Joint Committee
assignments:
Administrative Rules and Regulations: Rep. Pauls will replace Rep. Johnston as Ranking
Minority member. Rep. Johnston remains as a member of the committee.