The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Empson was excused on verified illness.
Prayer by guest chaplain, The Most Reverend James P. Keleher, Metropolitan Archbishop
of Kansas, Kansas City, and guest of Rep. Wilk:
Your invitation is much appreciated. Today we celebrate the Feast of St.
Patrick who was a missionary bishop to the Irish. Because of his zeal and
deep convictions he changed the face and faith of that Emerald isle where
first he came as a captured slave and then freely returned as God's Gospel
minister.
When you look at the great countries of the world this little bit of Ireland
surely seems small. And yet what a wonder one man has wrought and what
a deep and lasting impact he has left upon a culture once steeped in paganism.
Again, isn't it amazing that after almost 1500 years this holy man is still
honored on this day, March 17, the day he finished his work and went to the
Lord.
When you and I listen to the evening news we are often overwhelmed
by the tragedies that are reported, the violence that is so widespread, the
economic hardships of so many of the poor around the globe. We are equally
disturbed because we ask ourselves whatever can we do to alleviate the
situations. If we are honest, we must admit not much.
But what Patrick reminds us of is something very important-he who
spent his life on the Emerald Isle; he who dedicated himself to the people
of one tiny nation-he reminds us that we are called to do much the same in
the real world in which we live; in that everyday world which the Lord has
given us as our home. Indeed our world, the world that we can impact is the
great State of Kansas. For it is here in this very chamber, in the house districts
you represent, in the public meetings you call, in the dialogue of your
innumerable committee and subcommittee meetings-here it is where you can
and should have significant and lasting impact.
Dear Lord, Heavenly Father, grant to these distinguished members of
the house of Kansas that they will never lose heart but will continue to look
to the common good of our great State and to the welfare of our citizens.
Encourage them that it is here where they will do something beautiful for
God and our Heartland State. And may they believe that the good they do
will not only bless this State but will be felt in many other places around our
nation and our world.
The Pledge of Allegiance was led by Rep. Garner.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2561, An act relating to motor vehicles; concerning certificates of title; amending
K.S.A. 1998 Supp. 8-197 and 8-198 and repealing the existing sections; also repealing K.S.A.
8-1,136, by Committee on Federal and State Affairs.
HB 2562, An act concerning elections; enacting the Kansas clean money campaign
reform act; amending K.S.A. 1998 Supp. 25-4148and repealing the existing section, by
Committee on Federal and State Affairs.
COMMUNICATIONS FROM STATE OFFICERS
From Shirley A. Moses, Director, Division of Accounts and Reports, State of Kansas
Monthly Financial Perspective for February 1999.
From Gayle Davis, Chair, and Marion Cott, Executive Director, Kansas Humanities
Council, 1998 Annual Report.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
No objection was made to HCR 5034; SB 311 appearing on the Consent Calendar for
the first day.
No objection was made to Sub. SCR 1608 appearing on the Consent Calendar for the
second day.
No objection was made to SB 22, 74, 75 appearing on the Consent Calendar for the
third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 22, An act concerning unlawful employment practices; relating to genetic testing;
amending K.S.A. 44-1002 and 44-1009 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
SB 74, An act concerning insurance; relating to risk-based capital requirements;
amending K.S.A. 1998 Supp. 40-2c01 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2146, An act concerning expenditures related to certain wetlands; amending K.S.A.
1998 Supp. 32-846 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 6; Present but not voting: 0; Absent or not
voting: 1.
HB 2226, An act relating to alternative-fueled motor vehicles; concerning certain
incentives; amending K.S.A. 75-37,116, 75-37,117, 75-37,119 and 79-32,201 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 6; Present but not voting: 0; Absent or not
voting: 1.
SB 65, An act relating to agriculture; concerning commercial fertilizers, inspection fees
and funding for pesticide use survey; enabling Kansas to enter into a dairy interstate
compact; amending K.S.A. 2-1205 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 117; Nays 7; Present but not voting: 0; Absent or not
voting: 1.
H. Sub. for SB 70, An act concerning big game; eliminating certain fees; relating to big
game control permits; amending K.S.A. 1998 Supp. 32-937 and 32-988 and repealing the
existing sections, 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.
SB 88, An act concerning the uniform commercial code; relating to secured transactions;
sale of accounts and chattel paper; amending K.S.A. 84-9-102 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: I vote ``yes'' on SB 88, which clarifies the application of Kansas UCC
Article 9 to sales of accounts. If the drafters of the UCC intended to take away rights of
owners to transfer ownership to another person by bringing the outright sale of receivables
within the scope of Article 9, they would have said so. They haven't. SB 88, patterned after
language in the published ``Commentary,'' makes it clear that the amendment is intended
not as a change in existing law, but as a clarification of the law as it has always been
understood under UCC Article 9.--Michael R. O'Neal
SB 89, An act repealing K.S.A. 7-104, 7-106, 7-107, 7-111 and 7-121 and 19-819;
concerning attorneys and sheriffs and deputies; relating to practice of law, was considered
on final action.
On roll call, the vote was: Yeas 116; Nays 8; Present but not voting: 0; Absent or not
voting: 1.
SB 246, An act concerning hazardous waste; amending K.S.A. 65-3430 and K.S.A. 1998
Supp. 65-3441 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 2; 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.
McCreary in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. McCreary, Committee of the Whole report, as follows, was adopted:
Recommended thatcommittee report to HB 2240 be adopted; also, on motion of Rep.
Campbell to amend, the motion was withdrawn. Also, roll call was demanded on further
motion of Rep. Campbell to amend on page 1, in line 22, by striking ``On and after January
1, 2000'' and inserting ``Subject to the provisions of section 21, and amendments thereto,
on and after July 1, 2002''; in line 37, by striking ``On and after January 1, 2000'' and inserting
``Subject to the provisions of section 21, and amendments thereto, on and after July 1, 2002'';
On page 4, in line 32, by striking ``July 1, 2000'' and inserting ``January 1, 2003''; in line
34, by striking ``July 1, 2000'' and inserting ``January 1, 2003'';
On page 21, following line 9, by inserting:
``New Sec. 21. The provisions of sections 1 through 17, subsection (f) of K.S.A. 21-
4201, subsection (e)(2)(I) of K.S.A. 12-4516 and subsections (f)(2)(I) and (i)(13) of K.S.A.
21-4619, and amendments thereto, shall not become effective unless the question of issuing
licenses to carry concealed weapons as provided by this act is submitted to and approved
by a majority of the qualified electors of the state voting at an election called and held
thereon pursuant to an amendment to the constitution of the state authorizing the same.
Such election shall be called by the secretary of state and shall be held at the general election
held in November 2000. Such election shall be called and held in the manner provided by
the general election law.'';
By renumbering sections accordingly;
On roll call, the vote was: Yeas 43; Nays 81; Present but not voting: 0; Absent or not
voting: 1.
Also, on motion of Rep. Feuerborn to amend HB 2240, the motion did not prevail.
Also, on motion of Rep. Phill Kline to amend HB 2240, Rep. Klein requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment
germane. The question then reverted back to the motion of Rep. Phill Kline to amend on
page 21, following line 9, by inserting:
``Sec. 21. K.S.A. 1998 Supp. 21-4716 is hereby amended to read as follows: 21-4716.
(a) The sentencing judge shall impose the presumptive sentence provided by the sentencing
guidelines for crimes committed on or after July 1, 1993, unless the judge finds substantial
and compelling reasons to impose a departure. If the sentencing judge departs from the
presumptive sentence, the judge shall state on the record at the time of sentencing the
substantial and compelling reasons for the departure.
(b) (1) Subject to the provisions of subsection (b)(3), the following nonexclusive list of
mitigating factors may be considered in determining whether substantial and compelling
reasons for a departure exist:
(A) The victim was an aggressor or participant in the criminal conduct associated with
the crime of conviction.
(B) The offender played a minor or passive role in the crime or participated under
circumstances of duress or compulsion. This factor is not sufficient as a complete defense.
(C) The offender, because of physical or mental impairment, lacked substantial capacity
for judgment when the offense was committed. The voluntary use of intoxicants, drugs or
alcohol does not fall within the purview of this factor.
(D) The defendant, or the defendant's children, suffered a continuing pattern of
physical or sexual abuse by the victim of the offense and the offense is a response to that
abuse.
(E) The degree of harm or loss attributed to the current crime of conviction was
significantly less than typical for such an offense.
(2) Subject to the provisions of subsection (b)(3), the following nonexclusive list of
aggravating factors may be considered in determining whether substantial and compelling
reasons for departure exist:
(A) The victim was particularly vulnerable due to age, infirmity, or reduced physical or
mental capacity which was known or should have been known to the offender.
(B) The defendant's conduct during the commission of the current offense manifested
excessive brutality to the victim in a manner not normally present in that offense.
(C) The offense was motivated entirely or in part by the race, color, religion, ethnicity,
national origin or sexual orientation of the victim.
(D) The offense involved a fiduciary relationship which existed between the defendant
and the victim.
(E) The defendant, 18 or more years of age, employed, hired, used, persuaded, induced,
enticed or coerced any individual under 16 years of age to commit or assist in avoiding
detection or apprehension for commission of any person felony or any attempt, conspiracy
or solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto
to commit any person felony regardless of whether the defendant knew the age of the
individual under 16 years of age.
(F) The defendant's current crime of conviction is a crime of extreme sexual violence
and the defendant is a predatory sex offender. As used in this subsection:
(i) ``Crime of extreme sexual violence'' is a felony limited to the following:
(a) A crime involving a nonconsensual act of sexual intercourse or sodomy with any
person;
(b) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching
with any child who is 14 or more years of age but less than 16 years of age and with whom
a relationship has been established or promoted for the primary purpose of victimization;
or
(c) a crime involving an act of sexual intercourse, sodomy or lewd fondling and touching
with any child who is less than 14 years of age.
(ii) ``Predatory sex offender'' is an offender who has been convicted of a crime of extreme
sexual violence as the current crime of conviction and who:
(a) Has one or more prior convictions of any crimes of extreme sexual violence. Any
prior conviction used to establish the defendant as a predatory sex offender pursuant to this
subsection shall also be counted in determining the criminal history category; or
(b) suffers from a mental condition or personality disorder which makes the offender
likely to engage in additional acts constituting crimes of extreme sexual violence.
(iii) ``Mental condition or personality disorder'' means an emotional, mental or physical
illness, disease, abnormality, disorder, pathology or condition which motivates the person,
affects the predisposition or desires of the person, or interferes with the capacity of the
person to control impulses to commit crimes of extreme sexual violence.
In determining whether aggravating factors exist as provided in this section, the court
shall review the victim impact statement.
(3) If a factual aspect of a crime is a statutory element of the crime or is used to
subclassify the crime on the crime severity scale, that aspect of the current crime of
conviction may be used as an aggravating or mitigating factor only if the criminal conduct
constituting that aspect of the current crime of conviction is significantly different from the
usual criminal conduct captured by the aspect of the crime.
(c) In determining aggravating or mitigating circumstances, the court shall consider:
(1) Any evidence received during the proceeding;
(2) the presentence report;
(3) written briefs and oral arguments of either the state or counsel for the defendant; and
(4) whether a concealed weapon was used during the commission of a crime by a person holding a valid permit to carry a concealed weapon issued pursuant to this act; and
(4)(5) any other evidence relevant to such aggravating or mitigating circumstances that
the court finds trustworthy and reliable.'';
By renumbering sections accordingly;
Also on page 21, in line 10, by striking ``and 21-4619'' and inserting ``, 21-4619 and 21-
4716'';
In the title, in line 13, by striking ``and 21-4619'' and inserting ``, 21-4619 and 21-4716'';
Roll call was demanded.
On roll call, the vote was: Yeas 119; Nays 1; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Burroughs, Empson, Kirk, Lane, Toelkes.
The motion of Rep. Phill Kline prevailed.
Also, on motion of Rep. Krehbiel to amend HB 2240, the motion did not prevail.
Also, roll call was demanded on motion of Rep. Rehorn to amend HB 2240 on page 6,
in line 34, by inserting before the period a semicolon; also, adding a new paragraph ``(n)
any residence without the consent of the resident'';
On roll call, the vote was: Yeas 114; Nays 8; Present but not voting: 0; Absent or not
voting: 3.
Also, roll call was demanded on motion of Rep. E. Peterson to amend HB 2240 on page
6, by striking all in line 25; and by renumbering subsequent subsections accordingly;
On roll call, the vote was: Yeas 40; Nays 83; Present but not voting: 0; Absent or not
voting: 2.
The motion of Rep. E. Peterson did not prevail, and HB 2240 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends SB 156 be amended by substituting a
new bill to be designated as ``House Substitute for SENATE BILL No. 156,'' as follows:
``HOUSE Substitute for SENATE BILL No. 156
By Committee on Appropriations
``AN ACT concerning the disposition of tobacco litigation settlement proceeds; creating the
children's trust fund and the children's initiatives fund; establishing the Kansas children's
authority and the children's trust fund board of trustees; prescribing certain powers,
duties and functions; providing for the investment and management of such funds;
abolishing the children's health care programs fund; also repealing K.S.A. 1998 Supp.
38-2008.'';
and the substitute bill be passed.
(H. Sub. for SB 156 was thereupon introduced and read by title.)
The Committee on Economic Development recommends SB 179, as amended by
Senate Committee, 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 SB 76, as amended by Senate
Committee, be amended on page 1, in line 19, by striking ``and'' where it appears the first
time and inserting ``or''; in line 20, by striking ``eligible to be enrolled''; in line 21, by striking
all preceding the semicolon and inserting ``designated as eligible to be on the Kansas register
of historic places or is a member of the Kansas historic theatre association''; in line 41,
following the striking material by inserting ``and''; in line 42, by striking ``and his-'';
in line 43 by striking all preceding ``thus''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SB 135, as amended by
Senate Committee, be passed.
The Committee on Health and Human Services recommends SB 108, as amended by
Senate Committee, be amended on page 1, in line 22, by striking all after ``(a)''; by striking
all in lines 23, 24 and 25; in line 26, by striking ``(b)'';
And by relettering subsections accordingly;
On page 2, in line 20, by striking ``does not'' and inserting ``shall not be construed to limit,
restrict or prohibit the prescribing and coverage of off-label use of drugs for any condition
not specified in new section 2, nor does this act''; and the bill be passed as amended.
The Committee on Insurance recommends SB 162 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 Insurance recommends SB 60, as amended by Senate Committee,
be amended by substituting a new bill to be designated as ``House Substitute for SENATE
BILL No. 60,'' as follows:
``HOUSE Substitute for SENATE BILL No. 60
By Committee on Insurance
``AN ACT concerning the insurance department; insurance department service regulation
fund; amending K.S.A. 1998 Supp. 40-112 and repealing the existing section; also
repealing K.S.A. 1998 Supp. 40-112a.'';
and the substitute bill be passed.
(H. Sub. for SB 60 was thereupon introduced and read by title.)
The Committee on Transportation recommends SB 273, as amended by Senate
Committee of the Whole, be amended on page 2, in line 5, by striking ``such'' and inserting
``the proposed''; in line 17, by striking ``to''; in line 18, by striking all preceding ``such'' and
inserting ``laying out, altering or vacating''; and the bill be passed as amended.
The Committee on Utilities recommends SB 123, 186 be passed.
The Committee on Utilities recommends HCR 5033 be 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 bill was thereupon introduced and read by title:
HB 2563, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system and systems thereunder; postretirement benefit increase, by
Committee on Appropriations.
REPORT ON ENGROSSED BILLS HB 2046 reported correctly re-engrossed March 16, 1999.
REPORT ON ENROLLED BILLS HB 2254 reported correctly enrolled, properly signed and presented to the governor on
March 17, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, March
18, 1999.