The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Rep. Nichols was excused on legislative business.
Rep. Franklin was excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Gracious God,
In these days of Lent,
help us to be more aware of that which we do
and how our actions affect those around us.
When given the opportunity to brighten someone's day,
help us to act.
When presented with a possibility to hurt,
help us to restrain ourselves.
Be with us as we reflect on our lives and actions,
that each of us may become more completely
the person we were created to become.
In your name we pray,
Amen.
The Pledge of Allegiance was led by Rep. Kirk.
PRESENTATION OF PETITIONS
The following petition was presented and filed:
HP 2003, by Rep. Boston, a petition opposing SB 8 which removes special education
services for Catholic school children, signed by Tina Morford and 300 others from Harvey
County.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: SB 65, 145.
Appropriations: HB 2521, 137.
Education: SB 171.
Insurance: SB 60, 152.
Judiciary: SB 95, 149.
Taxation: SB 44, 45, 124, 252.
Transportation: SB 169.
Utilities: SB 123.
Kansas 2000 Select: HB 2522.
COMMUNICATIONS FROM STATE OFFICERS
From Shirley A. Moses, Director, Division of Accounts and Reports, Department of
Administration, State of Kansas Monthly Financial Perspective for January 1999.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
Objection was made to HB 2209 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to HCR 5013 appearing on the Consent Calendar for the second
day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2141, An act concerning bridges; designating bridge no. 008 as the Mike Hayden
overpass bridge and bridges no. 072 and no. 287 as the Herman G. Dillon bridges, was
considered on final action.
On roll call, the vote was: Yeas 110; Nays 13; Present but not voting: 0; Absent or not
voting: 2.
HB 2228, An act concerning elections; relating to ballots; amending K.S.A. 25-4607 and
repealing the existing section; also repealing K.S.A. 25-2015, was considered on final action.
On roll call, the vote was: Yeas 97; Nays 26; Present but not voting: 0; Absent or not
voting: 2.
HB 2296, An act relating to trust companies; concerning contracting trustee; amending
K.S.A. 1998 Supp. 9-2107 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
HB 2352, An act concerning courts; relating to district magistrate judges; residency
requirements; amending K.S.A. 20-334 and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 111; Nays 12; Present but not voting: 0; Absent or not
voting: 2.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Klein in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Klein, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2109 be passed.
Committee report to HB 2096 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Economic Development recommends HB 2320 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 Economic Development recommends HB 2166 be amended on
page 7, in line 2, by striking ``20'' and inserting ``30''; in line 3, by striking all after ``of'' where
it appears for the first time; by striking all in lines 4 through 6; in line 7, by striking all before
the period and inserting: ``the scheduled maturity of the first series of bonds issued to finance
the redevelopment project''; in line 38, by striking ``a pledge of a portion or all of'';
On page 8, in line 3, after ``collected'' by inserting ``within the redevelopment district'';
in line 4, after the stricken ``or'' by inserting ``or''; by striking all in lines 5 through 7; in line
8, by striking ``(8)'' and inserting ``(7)'';
On page 10, in line 2, before ``the'' by inserting ``(2)''; in line 26, before the comma, by
inserting ``and only within the redevelopment district'';
On page 15, in line 13, before ``there'' where it appears for the first time by inserting
``and only within the redevelopment district''; and the bill be passed as amended.
The Committee on Federal and State Affairs recommends HB 2031 be passed.
The Committee on Federal and State Affairs recommends HB 2240 be amended on
page 2, in line 20, by striking ``felony or''; in line 23, by striking ``felony or'';
On page 3, in line 21, by striking ``on'' and inserting ``by completion of'';
On page 4, in line 26, by striking ``received'' and inserting ``retained'';
On page 6, in line 34, by striking ``(1)'' and inserting ``(a)''; in line 38, by striking ``(2)''
and inserting ``(b)'';
On page 13, in line 43, by striking ``and'' where it appears for the second time; and the
bill be passed as amended.
The Committee on Governmental Organization and Elections recommends HB 2163, 2216, 2229 be passed.
The Committee on Governmental Organization and Elections recommends HB 2205 be amended on page 1, in line 31, by striking ``shall''; in line 37, before ``contract'' by
inserting ``may'';
On page 3 in line 21, following ``K.S.A.'' by inserting ``19-1401,'';
In the title, in line 9, by striking all after ``surveys''; in line 10, before ``surveyors'' by
inserting ``and land''; in line 11, before the period, by inserting ``; also repealing K.S.A. 19-
1401''; and the bill be passed as amended.
The Committee on Health and Human Services recommends HB 2032 be passed.
The Committee on Health and Human Services recommends HB 2214 be amended
on page 2, after line 5, by inserting the following:
``(d) Fees paid under this section are not refundable.
Sec. 1. K.S.A. 1998 Supp. 74-5811 is hereby amended to read as follows: 74-5811. An
applicant for a license shall pay the license application fee provided for in K.S.A. 74-5810a
and amendments thereto and shall show to the satisfaction of the board that such applicant:
(a) Is a resident of this state;
(b) is 1821 years of age or older; and
(c) has an education equivalent to a four-year course in an accredited high school or has continuously engaged in the practice of fitting and dispensing hearing aids during the three years preceding the effective date of this act; and
(d) is free of contagious or infectious disease.
Sec. 2. K.S.A. 1998 Supp. 74-5818 is hereby amended to read as follows: 74-5818. Any
person registeredlicensed under this act may have histhe license or certificatedenied,
revoked or suspended for a fixed period to be determined by the board for any of the
following causes:
(a) His Conviction of a felony. The record of conviction, or a certified copy thereof
certified by the clerk of the court or by the judge in whose court the conviction is had, shall
be conclusive evidence of such conviction.
(b) When his certificatethe license has been secured by fraud or deceit practiced upon
the board.
(c) For unethical conduct.
(d) Practicing while knowingly suffering from a contagious or infectious disease.
(e) Advertising professional superiority.
(f)(e) Practicing the fitting of hearing aids under a false or alias name.
(g)(f) Failure to actively practice the art of fitting and dispensing of hearing aids for a
period of three (3)consecutive years consecutive.
(h)(g) For any cause for which the board might refuse to admit a candidate to
examinations.
(i)(h) For violation of any of the provisions of this act.
Sec. 3. K.S.A. 1998 Supp. 74-5824 is hereby amended to read as follows: 74-5824. Any
person who shall violateviolates any of the provisions of this act shall be deemed guilty of
a class C misdemeanor and upon conviction shall be fined not less than fifty dollars ($50), nor more than two hundred dollars ($200), or be imprisoned in the county jail not less than ten (10) days nor more than thirty (30) days, or both, for the first offense, and a class B misdemeanor for the second or subsequent offense shall be fined not less than two hundred dollars ($200), nor more than five hundred dollars ($500) or by imprisonment in the county jail not less than three (3) months, nor more than one year, or both.'';
And by renumbering sections accordingly;
Also on page 2, in line 6, by striking ``is'' and inserting: ``and K.S.A. 1998 Supp. 74-5811,
74-5818 and 74-5824 are'';
On page 1, in the title, in line 10, after ``74-5810a'' by inserting ``and K.S.A. 1998 Supp.
74-5811, 74-5818 and 74-5824''; in line 11, by striking ``section'' and inserting ``sections'';
and the bill be passed as amended.
The Committee on Health and Human Services recommends HB 2254 be amended
on page 3, in line 25, by striking ``in dental hygiene''; also in line 25, before the period, by
inserting: ``in an approved dental hygiene school''; in line 31, by striking ``regional and
individual states'' and inserting: ``nationally recognized regional dental hygiene clinical test-
ing agencies and from individual state dental hygiene licensure authorities''; and the bill be
passed as amended.
The Committee on Insurance recommends HB 2266 be passed.
The Committee on Insurance recommends HB 2090 be amended on page 1, in line
23, by striking ``17.5'' and inserting ``30'';
On page 2, in line 12, before ``members'' by inserting ``health status of''; and the bill be
passed as amended.
The Committee on Insurance recommends HB 2483 be amended on page 1, in line
22, by striking ``agreement'' and inserting ``provision''; in line 26, after ``provision'' by in-
serting ``in a construction contract''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2210, 2471 be passed.
The Committee on Judiciary recommends HB 2150 be amended on page 2, in line 6,
by striking ``; or'' and inserting a period; by striking all of lines 7 and 8;
On page 3, in line 38, by striking ``; or'' and inserting a period; by striking all of lines 39
and 40; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2278 be amended on page 4, in line 7,
after ``1999'', by inserting ``, and whose status as such officer has been certified to the training
center, by such officer's agency head, on forms approved by the training center, on or before
December 31, 1999''
On page 5, in line 22, after ``1999'', by inserting ``, and whose status as such officer has
been certified to the training center on or before December 31, 1999'';
On page 6, in line 19, by striking ``hiring'' and inserting ``initial'' also in line 19, after
``or'', by inserting ``permanent''; and the bill be passed as amended.
The Committee on Local Government recommends HB 2203, 2337, 2339 be passed.
The Committee on Local Government recommends HB 2182 be amended by substi-
tuting a new bill to be designated as ``Substitute for HOUSE BILL No. 2182,'' as follows:
``Substitute for HOUSE BILL No. 2182
By Committee on Local Government
``AN ACT concerning townships and counties; relating to the acquisition of property.'';
and the substitute bill be passed.
(Sub. HB 2182 was thereupon and read by title.)
The Committee on Local Government recommends HB 2040 be amended on page 1,
in line 34, by striking ``or''; in line 38, preceding the period, by inserting ``; or
(D) any nonprofit amusement ride owned by a political subdivision of the state'';
Also on page 1, by striking all in line 42; in line 43, by striking ``(d)'' and inserting ``(c)'';
On page 2, in line 9, by striking ``(e)'' and inserting ``(d)''; in line 11, by striking ``(f)'' and
inserting ``(e)''; in line 14, by striking ``(g)'' and inserting ``(f)''; in line 17, by striking ``(h)''
and inserting ``(g)''; in line 27, by striking ``(i)'' and inserting ``(h)''; in line 29, by striking
``(j)'' and inserting ``(i)''; by striking all of line 33; in line 34, by striking ``(l)'' and inserting
``(j)''; in line 40, by striking ``(m)'' and inserting ``(k)'';
On page 3, in line 22, by striking all following ``3.''; by striking all in lines 23 through 27;
in line 28, by striking ``(b)''; in line 29, preceding the period, by inserting ``by a person with
at least a level 1 certification by the national association of amusement ride officials''; in line
33, by striking all preceding the period and inserting ``before it is first operated in this state
in any calendar year'';
On page 4, in line 22, by striking ``all'';
On page 5, in line 5, by striking ``of the severity''; by striking all in lines 11 and 12; and
the bill be passed as amended.
The Committee on Tourism recommends HB 2106 be amended on page 2, line 43, by
striking ``has'' and inserting ``either: (A) Has'';
On page 3, line 2, after ``act'' by inserting ``, or (B) is legally exempt from the requirements
of subsection (a)(1)''; also, after line 2, by inserting the following:
``(b) The requirement in subsection (a)(1) shall not apply to a person operating a mo-
torboat or sailboat accompanied by and under the direct and audible supervision of a person
over 17 years of age who either: (1) Possesses a certificate of completion of an approved
boater safety education course, or (2) is legally exempt from the requirements of subsection
(a)(1).
(c) The requirement in subsection (a)(1) shall not apply to a person operating a mo-
torboat equipped only with machinery for vessel propulsion rated at less than 50
horsepower.'';
Also on page 3, line 3, by striking ``(b)'' and inserting ``(d)''; also, in line 22, after ``ma-
terials'' by inserting ``which may be supervised by parents or guardians,''; and the bill be
passed as amended.
The Committee on Transportation recommends HB 2142 be passed.
The Committee on Transportation recommends HB 2259 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 100, by Representative Glasscock, congratulating Danielle N. Borth for
achieving a 4.0 grade average and membership in Washburn University President's Honors
Program for the 1998 fall semester;
Request No. 101, by Representative Glasscock, congratulating Rebecca L. Havlicek for
achieving a 4.0 grade average and membership in Washburn University President's Honors
Program for the 1998 fall semester;
Request No. 102, by Representative Weber, congratulating Matt Kershner for achieving
Eagle Scout;
Request No. 103, by Representative Weber, congratulating Gordon Schroeder for
achieving Eagle Scout;
Request No. 104, by Representative Weber, congratulating Dewey E. Sweet Jr. for
achieving Eagle Scout;
Request No. 105, by Representative Weber, congratulating Chad Dester for achieving
Eagle Scout;
Request No. 106, by Representative Benlon, congratulating Anna Louise Nunn for
achieving a 4.0 grade average and membership in Washburn University President's Honors
Program;
Request No. 107, by Representative Bethell, congratulating Hilarie Raleigh for being
named a member of the 1999 All-Kansas Academic Team;
Request No. 108, by Representative Morrison, commending Rich Epp, in recognition
of broadcasting 1,000 football and basketball games;
Request No. 109, by Representative Phelps, congratulating Gerard Wellbrock, named
Kansas State Athletic Directors' 1998 Sportscaster of the Year;
Request No. 110, by Representative Freeborn, congratulating the Southern Cloud War-
riors Men's Basketball Team for winning first place in the Pike Trail League Tournament
Championship;
Request No. 111, by Representatives in the South Central Kansas Delegation, in mem-
ory of Robert ``Forrest'' Smiarowski;
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 and concurrent resolution were thereupon introduced and read by
title:
HB 2523, An act concerning the Kansas department of health and environment; relating
to establishment of a smoking cessation program, by Committee on Appropriations.
HB 2524, An act concerning retirement; relating to state officers and employees; con-
cerning exempting the department of corrections from making certain position reductions
based on state employee retirements; amending K.S.A. 1998 Supp. 75-6801 and repealing
the existing section, by Committee on Appropriations.
HB 2525, An act concerning the division of accounts and reports; relating to reports;
payments of certain claims against the state or under the Kansas prompt payment act;
amending K.S.A. 46-925 and repealing the existing section; also repealing K.S.A. 75-6406,
by Committee on Appropriations.
HB 2526, An act relating to certain obsolete statutory duties of the director of accounts
and reports and municipalities to report, withhold and remit certain federal taxes; repealing
K.S.A. 75-3038, 75-3039, 75-3040 and 75-3042, by Committee on Appropriations.
HOUSE CONCURRENT RESOLUTION No. 5030--
By Representative Aday
A CONCURRENT RESOLUTION requesting the Legislative Coordinating Council to
appoint a special committee to study the function of housing as an economic develop-
ment activity.
WHEREAS, The Legislature recognizes the importance of adequate housing for all Kan-
sans; and
WHEREAS, Adequate housing, particularly housing owned by the occupant, is not
within the financial capabilities of many Kansans; and
WHEREAS, It is believed the development of housing in the rural areas of the state is
thwarted by the lack of available financing: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislative Coordinating Council is hereby requested to appoint a
special committee to study the function of housing as an economic development activity;
and
Be it further resolved: That the special committee complete its study and submit its
report to the Legislature by no later than December 1, 2000; and
Be it further resolved: That the Secretary of State be directed to provide an enrolled
copy of this resolution to the Chairperson of the Legislative Coordinating Council.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6011--
By Committee on Governmental Organization and Elections
A RESOLUTION approving Executive Reorganization Order No. 29, relating to the es-
tablishment of a commission on emergency planning and response.
Be it resolved by the House of Representatives of the State of Kansas: That Executive
Reorganization Order No. 29 is hereby approved.
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to the Governor and the Secretary of State. CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2233 from Committee on Ap-
propriations and rereferral to Committee on Transportation.
Also, the withdrawal of HB 2476 from Committee on Education and referral to Com-
mittee on Appropriations.
Also, the withdrawal of HB 2488 from Committee on Judiciary and referral to Committee
on Appropriations.
REPORT ON ENGROSSED BILLS HB 2141 reported correctly engrossed February 18, 1999.
REPORT ON ENROLLED BILLS HB 2053 reported correctly enrolled, properly signed and presented to the governor on
February 19, 1999.
REPORT ON ENROLLED RESOLUTIONS HR 6009 reported correctly enrolled and properly signed on February 19, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, February
22, 1999.