April 28, 1999

Journal of the House

SIXTY-THIRD DAY
______
Hall of the House of Represenatitives
Topeka, KS, Wednesday, April 28, 1999, 10:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 125 members present.

   Prayer by Chaplain Svoboda:

   The House stood for a moment of silence in memory of Tom Krossen, a member of the
House from 1961-1965.

              Holy God,

              As we return to this place
              to finish up the business we have left undone
              we ask you to join us in our struggles this week.
              Be in our minds
              as we think through the decisions we make today.
              Be in our mouths
              as we speak with others about the issues on the table.
              Be in our lives
              as we seek to do Your will for this state.
            In Jesus' name we pray.

            Amen.

   The Pledge of Allegiance was led by Rep. Gregory.

PERSONAL PRIVILEGE
 Rep. Swenson read the following proclamation, which, without objection, is spread upon
the Journal:

  To the People of Kansas, Greetings:

 WHEREAS, Every year, thousands of American workers are killed on the job, and
workers die from cancer, lung disease and other diseases related to toxic chemical exposure
at work; and

 WHEREAS, Millions more are injured each year and thousands are permanently
disabled; and

 WHEREAS, This year is particularly poignant following the DeBruce grain elevator
explosion that killed seven and injured ten; and

 WHEREAS, Sixty-five Kansans lost their lives while on the job in 1998, according to the
Kansas Division of Workers Compensation:

 NOW, THEREFORE, I, BILL GRAVES, GOVERNOR OF THE STATE OF KANSAS,
do hereby proclaim April 28, 1999 as

  Workers''s Memorial Day
  in Kansas and urge all citizens to do their part in preventing these tragedies.

                                                                                    DONE At the Capitol in Topeka

                                                                                              under the Great Seal of

                                                                                              the State this 9th day of

                                                                                              April, A.D. 1999


                                                  BY THE GOVERNOR: Bill Graves

   Rep. Swenson introduced Darryl and Brigitte Williams of Wichita. Darryl, a worker at
the DeBruce Grain Elevator, was presented with the proclamation.

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

   Federal and State Affairs: SCR 1619.

 Judiciary: SB 343.

MESSAGES FROM THE GOVERNOR
 HB 2033, 2074, 2090, 2140, 2145, 2362 approved on April 14, 1999.

 Also, HB 2105, 2142, 2168, 2191, 2213, 2227, 2276, 2492 approved on April 16,
1999.

 Also, HB 2368, 2404 approved on April 17, 1999.

COMMUNICATIONS FROM STATE OFFICERS
 From Ray Aslin, State Forester, Kansas Forest Service Annual Report for 1998.

 From Kansas Geological Survey, Annual Report for 1998.

 From Shirley A. Moses, Director, Division of Accounts and Reports, State of Kansas
Monthly Financial Perspective for March 1999.

 From Howard Schwartz, Judicial Administrator, in accordance with K.S.A. 1998 Supp.
5-506, 1998 Annual Dispute Resolution Report.

 From Commission on Judicial Qualifications, the Commission's 1998 Annual Report.

 From Charles E. Simmons, Secretary, Department of Corrections, Offender Programs
Evaluation: volume Volume III, April 1999.

 From Information Network of Kansas, 1998 Annual Report, Meeting the Mission.

   The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.

MESSAGE FROM THE SENATE
 Announcing passage of Sub. SB 80.

 The Senate concurs in House amendments to Sub. SB 106.

 The Senate concurs in House amendments to SCR 1616.

 The Senate adopts conference committee report on SB 11.

 The Senate adopts conference committee report on SB 38.

 The Senate adopts conference committee report on SB 51.

 The Senate adopts conference committee report on SB 78.

 The Senate accedes to the request of the House for a conference on HB 2166 and has
appointed Senators Salisbury, Ranson and Barone as third conferees on the part of the
Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bill was thereupon introduced and read by title:

   Sub. SB 80.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering HB 2427, Sub. SB 270.

MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Beggs, the House concurred in Senate amendments to HB 2427, An
act concerning the state board of technical professions; relating to certain exemptions from
regulation and requirements for licensure or certification; amending K.S.A. 74-7033 and
K.S.A. 1998 Supp. 74-7035 and repealing the existing sections.

 On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Ha-
ley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Hu-
merickhouse, 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, Powers, 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: None.

CONFERENCE COMMITTEE REPORT
      Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to Substitute for SB 270, submits the following report:

      The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:

      On page 15, in line 41, by striking all after the period; by striking all in lines 42 and 43,
and inserting ``Hearings may be conducted in person, by telephone or other means of elec-
tronic communication. The hearing shall be conducted by telephone or other means of
electronic communication if none of the parties requests an in-person hearing. If only one
party requests an in-person hearing, the referee shall have the discretion of requiring all
parties to appear in person or allow the party not requesting an in-person hearing to appear
by telephone or other means of electronic communication. The notice of hearing shall
include notice to the parties of their right to request an in-person hearing and instructions
on how to make the request.'';

And your committee on conference recommends the adoption of this report.
Al Lane

L. Candy Ruff

Carol E. Beggs

Alicia Salisbury

Pat Ranson

Jim Barone

 On motion of Rep. Lane, the conference committee report on Sub. SB 270 was adopted
(See further action, Afternoon Session).

 On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
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, Kreh-
biel, 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, Powers, Ray, Reardon, Rehorn, Rein-
hardt, 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: Edmonds.

 Present but not voting: None.

 Absent or not voting: None.


EXPLANATION OF VOTE

 Mr. Speaker: I vote ``no'' on Sub. SB 270. Sub. SB 270 reinstates the unemployment
tax on positive balance employers. It seems to me that, given the robust health of the Kansas
economy, we could have extended the moratorium on this tax by at least one more year. I
do not wish to be a party to an unnecessary tax increase on the employers of Kansas. I vote
no.--John T. Edmonds

   On motion of Rep. Glasscock, the House recessed until 3:45 p.m.