March 29, 1999

Journal of the House

FIFTY-FIFTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Tuesday, March 30, 1999, 10:30 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 123 members present.

 Reps. Dahl and Powers were excused on excused absence by the Speaker.

   Prayer by guest chaplain, the Rev. Wayne Mason, pastor, West Side Baptist Church,
Topeka, guest and son of Rep. Mason:

                Lord God, we gather together as an elected group of representatives full
            of good intentions. Within our good intentions we have often mixed in our
            pride and our own self-righteous ways to become arrogant and demanding.
            It has shown up in our words and our posturing. Our behavior, our anger,
            our division has appeared in countless numbers of ways and has revealed us
            to be petty, prideful, and demanding instead of being servant leaders.

              Many of us have called you Lord and have only meant it as a title of
            respect, not as a position of authority. Our debate has revealed our human
            tendencies elevating our own ideas to the place of the divine.

              Forgive us our many sins.

              Today, lead us on a new path of righteousness. Change our hearts, O
            God. Help us to first love You. Then to love our neighbors, those who agree
            and disagree with us, to love our employers, those who elected us, to love
            even our enemies, those who oppose us.

              At the end of this day we want to call you Lord, not as a title, but as a
            term of endearment because that is the position You will have held in our
            lives today.

              Our words, our behavior, our very thoughts we dedicate to Your service
            this day. Judge us accordingly.

              It is in the name of Jesus the Savior and Forgiver of sins that I pray this,

              (All those who agree with this prayer may join me by saying:)

              Amen.

   The Pledge of Allegiance was led by Rep. P. Long.

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

   Appropriations: HB 2571.

 Utilities: SB 86.

MESSAGE FROM THE SENATE
 The Senate accedes to the request of the House for a conference on HB 2033 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2065 and has
appointed Senators Kerr, Morris and Petty as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2145 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2191 and has
appointed Senators Lawrence, Umbarger and Downey as conferees on the part of the
Senate.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2500, An act concerning crimes, punishment and criminal procedure; relating to the
Kansas offender registration act; prescribing certain offender registration requirements;
penalties; relating to collection of specimens; amending K.S.A. 22-4903 and K.S.A. 1998
Supp. 21-2511, 22-4902, 22-4904, 22-4905, 22-4906 and 22-4908 and repealing the existing
sections, was considered on final action.

 On roll call, the vote was: Yeas 87; Nays 36; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballou, Barnes, Beggs, Benlon, Bethell, Boston,
Burroughs, Carmody, Compton, Cox, Dreher, Empson, Faber, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilmore, Grant, Gregory, Haley,
Hayzlett, Henderson, Henry, Holmes, Huff, Humerickhouse, Jenkins, Jennison, Johnson,
Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Light, Lightner, Lloyd, M. Long,
Loyd, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Neufeld, Nichols,
O'Brien, O'Neal, Osborne, Palmer, E. Peterson, J. Peterson, Phelps, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Toelkes, Tomlinson, Toplikar, Weber, Weiland, Wells,
Welshimer.

 Nays: Adkins, Ballard, Campbell, Crow, Dean, Edmonds, Farmer, Feuerborn, Findley,
Gilbert, Glasscock, Helgerson, Hermes, Horst, Howell, Hutchins, Phill Kline, Landwehr,
Larkin, P. Long, Mason, Mayans, Mays, McClure, Minor, Myers, O'Connor, Pauls, Pottorff,
Powell, Shultz, Thimesch, Vickrey, Vining, Wagle, Wilk.

 Present but not voting: None.

 Absent or not voting: Dahl, Powers.

 The bill passed, as amended.


EXPLANATION OF VOTE

 Mr. Speaker: I vote ``no'' on HB 2500. This bill contains a provision which weakens the
sex offender registry requirement associated with so-called ``Romeo and Juliet'' relationships.
This phrase is a euphemism for fornication between a young adult male and a juvenile
female. In other words it is a form of statutory rape. I do not condone any weakening of
the penalties associated with any form of rape. I vote no.--John T. Edmonds

   HB 2553, An act concerning the civil commitment of sexually violent predators;
amending K.S.A. 59-29a01 and K.S.A. 1998 Supp. 59-29a02, 59-29a03, 59-29a04, 59-29a07,
59-29a18 and 59-29a19 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Dahl, Powers.

 The bill passed, as amended.


EXPLANATION OF VOTE

 Mr. Speaker: I vote yes on HB 2553. This bill, as amended, honors the memory of
Stephanie Schmidt, a young Leawood woman whose life was taken on June 30, 1993 at the
hands of a previously convicted sex offender. In the wake of Miss Schmidt's rape and murder
Kansas moved appropriately to enact a sexual predator law. Naming that law in honor of
Stephanie Schmidt is a fitting tribute to a crime victim whose voice is still heard in
statehouses and courthouses throughout our nation. Designating this law ``Stephanie's Law''
also honors Stephanie's family whose tireless advocacy on behalf of crime victims has
changed lives, laws and attitudes.--David Adkins

   SB 19, An act concerning the Kansas commission on veterans affairs; authorizing the
establishment of a state system of veterans cemeteries, 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Freeborn.

 Present but not voting: None.

 Absent or not voting: Dahl, Powers.

 The bill passed, as amended.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2074
and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Storm as
conferees on the part of the House.

   On motion of Rep. Minor, the House concurred in Senate amendments to HB 2146, An
act concerning expenditures related to certain wetlands; amending K.S.A. 1998 Supp. 32-
846 and repealing the existing section.

 On roll call, the vote was: Yeas 120; Nays 3; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dean, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls,
E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.

 Nays: Ballou, Landwehr, Schwartz.

 Present but not voting: None.

 Absent or not voting: Dahl, Powers.

   On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2168
and asked for a conference.

 Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as
conferees on the part of the House.

   On motion of Rep. O'Neal, the House concurred in Senate amendments to HB 2221,
An act concerning the code of civil procedure for limited actions; adopting by reference
certain provisions relating to liability for worthless checks and actions to collect thereof;
amending K.S.A. 1998 Supp. 61-1725 and repealing the existing section.

 On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Phill Kline.

 Present but not voting: None.

 Absent or not voting: Dahl, Powers.

   On motion of Rep. Johnson, the House concurred in Senate amendments to HCR 5017,
A concurrent resolution urging Congress to direct the Environmental Protection Agency to
cease implementation of new restrictions for aluminum and magnesium phosphide based
grain fumigants and to ensure that risk mitigation allowances for such grain fumigants are
based on sound science and reliable information and to initiate administrative rulemaking
that ensures the Food Quality Protection Act is implemented in a manner that utilizes sound
science and real world data, protects the production, availability and affordability of food
and further urges Congress to conduct oversight hearings to ensure EPA actions are
consistent with Congressional intent.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None. Present but not voting: None.

 Absent or not voting: Dahl, Powers.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 38, submits the following report:

 Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;

And your committee on converence recommends the adoption of this report.
Ralph M. Tanner

Cindy Empson

Henry M. Helgerson, Jr.

Barbara Lawrence

Dwayne Umbarger

Christine Downey

   On motion of Rep. Tanner, the conference committee report on SB 38 was adopted.

 Speaker pro tem Mays thereupon appointed Reps. Tanner, Empson and Helgerson as
second conferees on the part of the House.

   On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Sloan in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Sloan, Committee of the Whole report, as follows, was adopted:

   Recommended that Sub. SB 301; SB 161 be passed.

 Rep. Helgerson moved, pursuant to House Rule 1903, that HB 2521 be passed over and
retain a place on the calendar. The motion did not prevail.

 Also, Rep. Neufeld moved, pursuant to House Rule 1704(b), that members of the House
Committee on Appropriations be given leave of the House to stand for questions on HB
2521. The motion prevailed.

 Also, committee report to HB 2521 be adopted; also, on motion of Rep. McClure be
amended on page 18, by deleting all in lines 19 through 37; and by renumbering subsequent
sections accordingly; and the bill be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Insurance recommends Substitute for SB 117 be amended on page
3, in line 22, before ``government'' by inserting ``state or other''; in line 29, before
``government'' by inserting ``state or other'';

      On page 5, in line 18, before ``government'' by inserting ``state or other'';

      On page 8, in line 7, before ``government'' by inserting ``state or other''; in line 16, before
``government'' by inserting ``state or other''; in line 20, before ``government'' by inserting
``state or other'';

      On page 12, line 17, by striking ``shall not be required'' and inserting ``does not need'';
in line 20, after ``$250'' by inserting ``, unless required to do so by the provisions of subsection
(k)''; following line 26 by inserting a new subsection as follows:

      ``(k) The administrator, in the administrator's discretion, may require that any holder
of property presumed abandoned, file a report as required by this section'';

      On page 15, following line 40, by inserting a new section which reads as follows:

      ``Sec.  11. K.S.A. 58-3974 is hereby amended to read as follows: 58-3974 . (a) The
provisions of this act shall not apply to any tangible or intangible personal property which
is subject to the provisions of K.S.A. 8-1101, 8-1102, 9-1918, 10-815, 17-2206a, 17-5564,
19-320, 47-229, 47-230, 47-232, 47-236 to 47-239, inclusive, 59-514, 59-901 to 59-905,
inclusive, 70-101, 70-102, 70-103 and 70-104 and amendments thereto.

      (b) This act shall not apply to any personal property which is being administered or
has been distributed under the provisions of K.S.A. 59-2701 to 59-2707, inclusive, and
amendments thereto.

      (c) This act shall not apply to any patronage dividend or capital credit held or owing
by any cooperative association, society or corporation organized under the provisions of
K.S.A. 17-1501 et seq., 17-1601 et seq. or 17-4601 et seq. and amendments thereto.

      (d) This act shall not apply to any patronage dividend or any capital credit held or owing
by any public utility which is a member-owned nonprofit corporation organized under the
provisions of K.S.A. 17-6001 et seq. and amendments thereto.''

      By renumbering sections accordingly;

      Also on page 15, in line 43, by striking the first ``and'' and inserting ``,''; also in line 43,
after ``58-3962'' by inserting ``and 58-3974'';

      In the title, in line 11, by striking the first ``and'' and inserting ``,''; also in line 11, after
``58-3962'' by inserting ``and 58-3974''; and the substitute bill be passed as amended.

 The House Select Committee on Tobacco Settlement Funds recommends HB 2568
be passed.

MESSAGE FROM THE SENATE
 The Senate accedes to the request of the House for a conference on HB 2015 and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2101 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2136 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

 The Senate accedes to the request of the House for a conference on HB 2150 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

READING AND CORRECTION OF THE JOURNAL
 In the Journal, on page 635, under Messages from the Governor, the date should be
changed to read March 29, 1999.

   On motion of Rep. Glasscock, the House adjourned until 9:00 a.m., Wednesday, March
31, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.