April 30, 1999

Journal of the House

SIXTY-FIFTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Friday, April 30, 1999, 10:00 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. Sharp was excused on verified illness.

   Prayer by Chaplain Svoboda:

              Loving God,

             You created all that is and called it ``good.''

              That includes everyone here in this room.

             Help us to understand your love for each person

              and help us to act towards others

               as you would act towards them.

             Help us to let go of past slights and injustices

              and finish this session with a clean slate,

               with no lingering hurts or conflicts.

            We ask this for your Love's sake,

            Amen.

   The Pledge of Allegiance was led by Rep. Hermes.

MESSAGE FROM THE SENATE
 Announcing passage of SB 360, 362, 363, 364.

 The Senate adopts conference committee report on Sub. SB 270.

 The Senate adopts conference committee report on SB 345.

 The Senate adopts conference committee report on HB 2150.

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

 SB 360, 362, 363, 364.

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 2071, 2150; H. Sub. for SB 6; SB 15, 57; H. Sub. for SB 157; SB 352,
360, 362, 363, 364, 240.

INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Glasscock, pursuant to House Rule 2311, SB 157; HB
2575; SB 352, 57; SCR 1607; SB 15; H. Sub. for SB 6 were advanced to Final Action
on Bills and Concurrent Resolutions, subject to amendment, debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Committee report recommending a substitute bill to H. Sub. for SB 157 was adopted;
also, on motion of Rep. Flora was amended on page 1, in line 14, by striking ``7'' and inserting
``8'';

      On page 3, in line 36, by striking ``this act'' and inserting ``sections 1 through 8, and
amendments thereto,''; following line 36, by inserting the following:

      ``New Sec.  9. The provisions of sections 9 through 16 shall be known and may be cited
as the Kansas agricultural linked deposit program.

      New Sec.  10. As used in this act: (a) ``Agricultural linked deposit'' means an investment
account placed by the director of investments under the provisions of article 42 of chapter
75 of the Kansas Statutes Annotated with an eligible lending institution for the purpose of
carrying out the intent of this act;

      (b) ``agricultural linked deposit loan package'' means the forms provided by the state
treasurer for the purpose of applying for an agricultural linked deposit;

      (c) ``eligible lending institution'' means a bank, as defined under K.S.A. 75-4201, and
amendments thereto that agrees to participate in the Kansas agricultural linked deposit
program and is eligible to be a depository of state funds; and

      (d) ``farm operations'' means any person, partnership or family farm corporation as
defined in K.S.A. 17-5903 and amendments thereto involved in farming.

      New Sec.  11. (a) The state treasurer is hereby authorized to administer the Kansas
agricultural linked deposit program. Such program shall be for the exclusive purpose of
providing incentives for the making of loans for the construction of new or used grain storage
facilities. The state treasurer shall promulgate rules and regulations to carry out the
provisions of this act.

      (b) The state treasurer shall submit an annual report outlining the status of the program
to the governor and the legislature.

      New Sec.  12. (a) The state treasurer is hereby authorized to disseminate information
and to provide agricultural linked deposit loan packages to the lending institutions eligible
for participation in this act.

      (b) The agricultural linked deposit loan package shall be completed by the borrower
before being forwarded to the lending institution for consideration.

      (c)   (1) An eligible lending institution that agrees to receive an agricultural linked
deposit shall accept and review applications for loans from eligible farm operations. The
lending institution shall apply all usual lending standards to determine the credit worthiness
of eligible farm operations. No single linked deposit loan for the construction of new or
used grain storage facilities shall exceed $50,000. The total amount of agricultural linked
deposit loans shall not exceed $7,000,000 in any one year.

      (2) Only one linked deposit loan shall be made and be outstanding at any one time to
any farm operation.

      (3) No loan shall be amortized for a period of more than eight years.

      (d) An eligible farm operation shall certify on its loan application that the reduced rate
loan will be used exclusively for the purposes of this act.

      (e) The eligible lending institution may approve or reject an agricultural linked deposit
loan package based on the lending institution's evaluation of the eligible farm operation
included in the package, the amount of the individual loan in the package, and other
appropriate considerations.

      (f) The eligible lending institution shall forward to the state treasurer, an approved
agricultural linked deposit loan package, in the form and manner prescribed and approved
by the state treasurer. The package shall include information regarding the amount of the
loan requested by each farm operation and such other information regarding each farm
operation the state treasurer requires, including certification by the applicant that such
applicant is an eligible farm operation.

      New Sec.  13. (a) The state treasurer may accept or reject an agricultural linked deposit
loan package based on the state treasurer's evaluation of whether the loan to the eligible
farm operation meets the purposes of this act. If sufficient funds are not available for a
linked deposit, then the applications may be considered in the order received when funds
are once again available subject to a review by the lending institution.

      (b) Upon acceptance, the state treasurer shall certify to the director of investments the
amount required for such agricultural linked deposit loan package and the director of
investments shall place an agricultural link deposit in the amount certified by the state
treasurer with the eligible lending institution at a zero interest rate. When necessary, the
state treasurer may request the director of investments to place such agricultural link deposit
prior to acceptance of an agricultural linked deposit loan package.

      (c) The eligible lending institution shall enter into an agricultural linked deposit
agreement with the state treasurer, which shall include requirements necessary to
implement the purposes of the Kansas agricultural linked deposit program. Such
requirements shall include an agreement by the eligible lending institution to lend an
amount equal to the agricultural linked deposit to eligible farm operations at an interest
rate that does not exceed 4%. The agreement shall include provisions for the agricultural
link deposit to be placed for a maturity considered appropriate in coordination with the
underlying linked deposit loan. The agreement shall include provisions for the reduction of
the agricultural link deposit in an amount equal to any payment of loan principal by the
eligible farm operations.

      New Sec.  14. (a) Upon the placement of an agricultural linked deposit with an eligible
lending institution, the institution shall fund the loan to each approved eligible farm
operation listed in the agricultural linked deposit loan package in accordance with the
agricultural linked deposit agreement between the institution and the state treasurer. The
loan shall be at a rate as provided in section 12 and amendments thereto. A certification of
compliance with this section in the form and manner as prescribed by the state treasurer
shall be required of the eligible lending institution.

      (b) The state treasurer shall take any and all steps necessary to implement the Kansas
agricultural linked deposit program.

      New Sec.  15. The state and the state treasurer shall not be liable to any eligible lending
institution in any manner for payment of the principal or interest on the loan to an eligible
farm operation. Any delay in payments or default on the part of an eligible farm operation
does not in any manner affect the agricultural linked deposit agreement between the eligible
lending institution and the state treasurer.

      New Sec.  16. The provisions of sections 9 through 16, and amendments thereto shall
expire on July 1, 2000.'';

      And by renumbering sections accordingly;

      On page 4, by striking all in line 41 and inserting ``sections 1 through 8 and amendments
thereto and agricultural linked deposits authorized under sections 9 through 16, and
amendments thereto, shall not exceed a period'';

      On page 6, in line 8, by striking ``, agricultural'' and inserting ``: (1) Agricultural''; in line
10, by striking ``7'' and inserting ``8''; in line 11, preceding the period, by inserting ``; and
(2) agricultural link deposits made pursuant to the provisions of sections 9 through 16, and
amendments thereto, shall be at zero interest rate'';

      On page 1, in the title, in line 10, preceding the semicolon, by inserting ``and agricultural
linked deposits'';

   H. Sub. for SB 157, An act concerning state moneys; providing for agricultural
production loans and agricultural linked deposits; amending K.S.A. 75-4209 and 75-4237
and repealing the existing sections, 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.

 Yeas: Aday, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Boston,
Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dean, Dreher, Empson, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Flower, 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, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wilk.

 Nays: Adkins, Aurand, Carmody, Edmonds, Franklin, Landwehr, Tomlinson, Wells.

 Present but not voting: None.

 Absent or not voting: Sharp.

 The substitute bill passed, as amended.


EXPLANATION OF VOTE
 Mr. Speaker: I vote ``no'' on H. Sub. for SB 157. We seem to have forgotten that the
State's idle funds pool is a temporary repository for funds which will be needed in the future.
How quickly we have forgotten Sally Thompson and the Municipal Investment Pool fiasco.

 Idle funds are taxpayer monies held for future state usage. They do not exist to make the
State the lender of last resort for any industry or interest group.

 I vote for prudent management of the taxpayers' funds. I vote no on H. Sub. for SB
157.--John T. Edmonds, Clay Aurand

INTRODUCTION OF GUESTS
 Rep. Horst introduced Jennifer Head, head coach of the Kansas Wesleyan University
Women's Basketball Team, who won the national small college championship. Ms. Head
then introduced the members of the team and the assistant coach, Lance Dible. Rep. Horst
also recognized Shana English, member of the team, who was named most valuable player
of the national tournament and also NSCAA First Team All-American.

 Reps. Aday, Beggs and Horst presented certificates to the team members and coaches.

   The House returned to the order of business, Final Action on Bills and Concurrent
Resolutions, subject to amendment, debate and roll call.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 SB 57, An act designating October 14 of each year as Dwight D. Eisenhower Day in the
state of Kansas, 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, 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, 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, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, 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: Sharp.

 The bill passed.

   SCR 1607, A concurrent resolution encouraging the observance of October 14 of each
year as Dwight D. Eisenhower Day in the state of Kansas, 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, 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, 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, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, 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: Sharp.

 The resolution was adopted.

 On motion of Rep. Horst SB 15 was amended on page 2, following line 4, by inserting
the following:

        ``Sec.  2. K.S.A. 1998 Supp. 41-719 is hereby amended to read as follows: 41-719. (a)
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or highways.

      (b) No person shall drink or consume alcoholic liquor on private property except:

      (1) On premises where the sale of liquor by the individual drink is authorized by the
club and drinking establishment act;

      (2) upon private property by a person occupying such property as an owner or lessee
of an owner and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (3) in a lodging room of any hotel, motel or boarding house by the person occupying
such room and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (4) in a private dining room of a hotel, motel or restaurant, if the dining room is rented
or made available on a special occasion to an individual or organization for a private party
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place; or

      (5) on the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a
or 41-308b, and amendments thereto.

      (c) No person shall drink or consume alcoholic liquor on public property except:

      (1) On real property leased by a city to others under the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, if such real property is actually being used for
hotel or motel purposes or purposes incidental thereto.

      (2) In any state-owned or operated building or structure, and on the surrounding
premises, which is furnished to and occupied by any state officer or employee as a residence.

      (3) On premises licensed as a club or drinking establishment and located on property
owned or operated by an airport authority created pursuant to chapter 27 of the Kansas
Statutes Annotated or established by a city having a population of more than 200,000.

      (4) On the state fair grounds on the day of any race held thereon pursuant to the Kansas
parimutuel racing act.

      (5) On the state fairgrounds, if such liquor is domestic wine or wine imported under
subsection (e) of K.S.A. 41-308a, and amendments thereto, and is consumed only for
purposes of judging competitions.

      (6) In the state historical museum provided for by K.S.A. 76-2036, and amendments
thereto, on the surrounding premises and in any other building on such premises, as
authorized by rules and regulations of the state historical society.

      (7) On the premises of any state-owned historic site under the jurisdiction and
supervision of the state historical society, on the surrounding premises and in any other
building on such premises, as authorized by rules and regulations of the state historical
society.

      (8) In a lake resort within the meaning of K.S.A. 32-867, and amendments thereto, on
state-owned or leased property.

      (9) In the Hiram Price Dillon house or on its surrounding premises, subject to limitations
established in policies adopted by the legislative coordinating council, as provided by K.S.A.
75-3682, and amendments thereto.

      (10) On the premises of the Kansas national guard regional training center located in
Saline county, and any building on such premises, as authorized by rules and regulations of
the adjutant general and upon approval of the Kansas military board.

      (9) (11) On property exempted from this subsection (c) pursuant to subsection (d), (e),
(f), (g) or (h).

      (d) Any city may exempt, by ordinance, from the provisions of subsection (c) specified
property the title of which is vested in such city.

      (e) The board of county commissioners of any county may exempt, by resolution, from
the provisions of subsection (c) specified property the title of which is vested in such county.

      (f) The state board of regents may exempt from the provisions of subsection (c) specified
property which is under the control of such board and which is not used for classroom
instruction, where alcoholic liquor may be consumed in accordance with policies adopted
by such board.

      (g) The board of regents of Washburn university may exempt from the provisions of
subsection (c) the Mulvane art center and the Bradbury Thompson alumni center on the
campus of Washburn university, and other specified property the title of which is vested in
such board and which is not used for classroom instruction, where alcoholic liquor may be
consumed in accordance with policies adopted by such board.

      (h) Any city may exempt, by ordinance, from the provisions of subsection (c) any
national guard armory in which such city has a leasehold interest, if the Kansas military
board consents to the exemption.

      (i) The provisions of subsection (c) shall not apply to functions or activities held in the
Hiram Price Dillon house or on its surrounding premises, except to the extent limitations
are established in policies adopted by the legislative coordinating council, as provided by
K.S.A. 75-3682, and amendments thereto.

      (j) (i) Violation of any provision of this section is a misdemeanor punishable by a fine
of not less than $50 or more than $200 or by imprisonment for not more than six months,
or both.'';

      By renumbering sections accordingly;

      Also on page 2, in line 5, by striking ``is'' and inserting ``and 41-719 are'';

      In the title, by striking all in lines 10, 11 and 12 and inserting:

      ``AN ACT concerning alcoholic beverages; relating to the regulation and consumption
thereof; amending K.S.A. 1998 Supp. 41-201 and 41-719 and repealing the existing
sections.'';

   Also, on motion of Rep. Wagle to amend SB 15, the motion did not prevail.

 SB 15, An act concerning alcoholic beverages; relating to the regulation and consumption
thereof; amending K.S.A. 1998 Supp. 41-201 and 41-719 and repealing the existing sections,
was considered on final action.

 On roll call, the vote was: Yeas 105; Nays 18; Present but not voting: 1; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Franklin, Freeborn, Gatewood,
Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henry, Holmes,
Horst, Howell, Huff, Humerickhouse, Jenkins, Jennison, 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, Minor, Nichols,
O'Brien, O'Connor, O'Neal, Osborne, Palmer, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Showalter, Shriver, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Dean, Edmonds, Flower, Garner, Gilmore, Henderson, Hermes, Hutchins,
Johnson, McKinney, Mollenkamp, Morrison, Myers, Neufeld, Pauls, Powers, Shultz,
Vickrey.

 Present but not voting: Bethell.

 Absent or not voting: Sharp.

 The bill passed, as amended (see further action, Morning Session).

   Committee report to SB 352 was adopted; also, on motion of Rep. Wilk to amend, Rep.
Gatewood 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. Wilk to amend, and on request
of Rep. Kirk the question was divided. Part A of the motion did not prevail. On Part B, SB
352 was amended Sec.  30. K.S.A. 75-5537 is hereby amended to read as follows: 75-5537.
(a) Except as otherwise required by federal law or by the provisions of this section, after
December 31, 1994 June 13, 1999, any rule and regulation relating to overtime
compensation for state employees adopted by the secretary of administration shall provide
that only hours actually worked may be considered in determining whether overtime
compensation is due and the amount of overtime compensation due, whether in the form
of overtime pay or compensatory time off in lieu of overtime pay. After December 31, 1994
June 13, 1999, to the extent that any rule and regulation previously adopted by the secretary
of administration prior to the effective date of this act contains a provision contrary to this
section, that portion of the rule and regulation, and documents pertaining to such portion
of the rule and regulation, shall have no effect and shall not be enforced.

      (b) Each official state holiday which occurs within a regularly scheduled workweek shall
be counted as time worked in determining the amount of overtime work for state employees.

 Also, on page 7, in line 23, after ``K.S.A.'' by inserting ``75-5537 and K.S.A.'';

 On page 1, in the title, in line 13, after ``K.S.A.'' by inserting ``75-5537 and K.S.A.'';

 Also, on further motion of Rep. Wilk to amend SB 352, the motion did not prevail.

   SB 352, An act concerning salaries and compensation for state officers and employees;
amending K.S.A. 75-5537 and K.S.A. 1998 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-
3103, 75-3104, 75-3108, 75-3110 and 75-3111a and repealing the existing sections, was
considered on final action.

 On roll call, the vote was: Yeas 114; Nays 8; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dean, Dreher,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner,
Gatewood, Geringer, Gilbert, 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, Loyd, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Dahl, Edmonds, Freeborn, Landwehr, P. Long, Mason, O'Connor, Powell.

 Present but not voting: None.

 Absent or not voting: Gilmore, Sharp, Tanner.

 The bill passed, as amended.

INTRODUCTION OF ORIGINAL MOTIONS
 Having voted on the prevailing side, Rep. Spangler moved, pursuant to House Rule 2303,
that the House reconsider its action in the passage of SB 15 under that order of business,
Final Action on Bills and Concurrent Resolutions, subject to amendment, debate and roll
call (see previous action, Morning Session). The motion prevailed.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 On motion of Rep. Phelps to amend SB 15, Rep. Edmonds requested the question be
divided. The chair ruled the amendment not divisible. The question then reverted back to
the motion of Rep. Phelps and the bill was amended on page 2, following line 4, by inserting
the following:

      ``Sec.  2. K.S.A. 1998 Supp. 41-719 is hereby amended to read as follows: 41-719. (a)
No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or
highways or inside vehicles while on the public streets, alleys, roads or highways.

      (b) No person shall drink or consume alcoholic liquor on private property except:

      (1) On premises where the sale of liquor by the individual drink is authorized by the
club and drinking establishment act;

      (2) upon private property by a person occupying such property as an owner or lessee
of an owner and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (3) in a lodging room of any hotel, motel or boarding house by the person occupying
such room and by the guests of such person, if no charge is made for the serving or mixing
of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place;

      (4) in a private dining room of a hotel, motel or restaurant, if the dining room is rented
or made available on a special occasion to an individual or organization for a private party
and if no sale of alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
takes place; or

      (5) on the premises of a microbrewery or farm winery, if authorized by K.S.A. 41-308a
or 41-308b, and amendments thereto.

      (c) No person shall drink or consume alcoholic liquor on public property except:

      (1) On real property leased by a city to others under the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, if such real property is actually being used for
hotel or motel purposes or purposes incidental thereto.

      (2) In any state-owned or operated building or structure, and on the surrounding
premises, which is furnished to and occupied by any state officer or employee as a residence.

      (3) On premises licensed as a club or drinking establishment and located on property
owned or operated by an airport authority created pursuant to chapter 27 of the Kansas
Statutes Annotated or established by a city having a population of more than 200,000.

      (4) On the state fair grounds on the day of any race held thereon pursuant to the Kansas
parimutuel racing act.

      (5) On the state fairgrounds, if such liquor is domestic wine or wine imported under
subsection (e) of K.S.A. 41-308a, and amendments thereto, and is consumed only for
purposes of judging competitions.

      (6) In the state historical museum provided for by K.S.A. 76-2036, and amendments
thereto, on the surrounding premises and in any other building on such premises, as
authorized by rules and regulations of the state historical society.

      (7) On the premises of any state-owned historic site under the jurisdiction and
supervision of the state historical society, on the surrounding premises and in any other
building on such premises, as authorized by rules and regulations of the state historical
society.

      (8) In a lake resort within the meaning of K.S.A. 32-867, and amendments thereto, on
state-owned or leased property.

      (9) In the Hiram Price Dillon house or on its surrounding premises, subject to limitations
established in policies adopted by the legislative coordinating council, as provided by K.S.A.
75-3682, and amendments thereto.

      (10) In the state capitol building or on its surrounding premises, on December 31, 1999,
and January 1, 2000, subject to limitations established in policies adopted by the secretary
of the department of administration.

      (9) (11) On property exempted from this subsection (c) pursuant to subsection (d), (e),
(f), (g) or (h).

      (d) Any city may exempt, by ordinance, from the provisions of subsection (c) specified
property the title of which is vested in such city.

      (e) The board of county commissioners of any county may exempt, by resolution, from
the provisions of subsection (c) specified property the title of which is vested in such county.

      (f) The state board of regents may exempt from the provisions of subsection (c) the
Sternberg museum on the campus of Fort Hays state university, or other specified property
which is under the control of such board and which is not used for classroom instruction,
where alcoholic liquor may be consumed in accordance with policies adopted by such board.

      (g) The board of regents of Washburn university may exempt from the provisions of
subsection (c) the Mulvane art center and the Bradbury Thompson alumni center on the
campus of Washburn university, and other specified property the title of which is vested in
such board and which is not used for classroom instruction, where alcoholic liquor may be
consumed in accordance with policies adopted by such board.

      (h) Any city may exempt, by ordinance, from the provisions of subsection (c) any
national guard armory in which such city has a leasehold interest, if the Kansas military
board consents to the exemption.

      (i) The provisions of subsection (c) shall not apply to functions or activities held in the
Hiram Price Dillon house or on its surrounding premises, except to the extent limitations
are established in policies adopted by the legislative coordinating council, as provided by
K.S.A. 75-3682, and amendments thereto.

      (j) (i) Violation of any provision of this section is a misdemeanor punishable by a fine
of not less than $50 or more than $200 or by imprisonment for not more than six months,
or both.'';

      By renumbering sections accordingly;

      Also on page 2, in line 5, by striking ``is'' and inserting ``and 41-719 are'';

      In the title, by striking all in lines 10, 11 and 12 and inserting:

      ``AN ACT concerning alcoholic beverages; relating to the regulation and consumption
thereof; amending K.S.A. 1998 Supp. 41-201 and 41-719 and repealing the existing
sections.'';

   SB 15, An act concerning alcoholic beverages; relating to the regulation and consumption
thereof; amending K.S.A. 1998 Supp. 41-201 and 41-719 and repealing the existing sections,
was considered on final action.

 On roll call, the vote was: Yeas 80; Nays 43; Present but not voting: 1; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Burroughs, Carmody, Cox, Crow, Empson, Farmer, Findley, Flaharty, Flora, Franklin,
Geringer, Glasscock, Grant, Gregory, Haley, Henderson, Henry, Horst, Howell, Huff,
Jennison, Johnston, Kirk, Klein, Phil Kline, Kuether, Landwehr, Lane, Larkin, Light,
Lightner, M. Long, P. Long, Loyd, Mayans, McCreary, McKechnie, Minor, Myers, Nichols,
O'Brien, O'Connor, O'Neal, Palmer, E. Peterson, Phelps, Pottorff, Powell, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Toelkes, Tomlinson, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Boston, Campbell, Compton, Dahl, Dean, Dreher, Edmonds, Faber, Feuerborn,
Flower, Freeborn, Garner, Gatewood, Gilbert, Gilmore, Hayzlett, Helgerson, Hermes,
Holmes, Humerickhouse, Hutchins, Jenkins, Johnson, Phill Kline, Krehbiel, Lloyd, Mason,
Mays, McClure, McKinney, Mollenkamp, Morrison, Neufeld, Osborne, Pauls, J. Peterson,
Powers, Schwartz, Shultz, Thimesch, Toplikar, Vickrey, Vining.

 Present but not voting: Bethell.

 Absent or not voting: Sharp.

 The bill passed, as amended.

   On motion of Rep. Glasscock, the House recessed until 2:00 p.m.








______
Afternoon Session
 The House met pursuant to recess with Speaker pro tem Mays in the chair.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2071, submits the following report:

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

      On page 2, in line 12, by striking ``$1,100,000,000'' and inserting ``$1,050,000,000'';

      By striking all on pages 11 through 32;

      On page 33, by striking all in lines 1 through 24;

      By renumbering sections accordingly;

      On page 44, in line 30, by striking ``$990,000,000'' and inserting ``$995,000,000'';

      On page 47, in line 20, by striking ``$5,000,000'' and inserting ``$6,000,000'';

      By striking all on page 60 and inserting the following three tables:



(a) On and after July 1, 1999, until July 1, 2001:
less than

5,000 miles

5,000 to

10,000 miles

10,001 to

15,000 miles

15,001 to

19,999 miles

20,000 to

29,999 miles

30,000 to

39,999 miles

40,000 to

49,999 miles

50,000 to

59,999 miles

60,000

and over

Class A: 3,000 pounds or less $38.00 $76.00 $114.00 $152.00 $228.00 $304.00 $380.00 $456.00 $532.00
Class B: more than 3,000 pounds and not more than 4,500 pounds $65.00 $130.00 $195.00 $260.00 $390.00 $520.00 $650.00 $780.00 $910.00
Class C: more than 4,500 pounds and not more than 12,000 pounds $78.00 $157.00 $234.00 $312.00 $468.00 $624.00 $780.00 $936.00 $1,092.00
Class D: more than 12,000 pounds and not more than 16,000 pounds $106.00 $212.00 $318.00 $424.00 $636.00 $848.00 $1,060.00 $1,272.00 $1,484.00
Class E: more than 16,000 pounds and not more than 24,000 pounds $136.00 $272.00 $408.00 $544.00 $816.00 $1,088.00 $1,360.00 $1,632.00 $1,904.00
Class F: more than 24,000 pounds and not more than 36,000 pounds $190.00 $380.00 $570.00 $760.00 $1,140.00 $1,520.00 $1,900.00 $2,280.00 $2,660.00
Class G: more than 36,000 pounds and not more than 48,000 pounds $236.00 $472.00 $708.00 $944.00 $1,416.00 $1,888.00 $2,360.00 $2,832.00 $3,304.00
Class H: more than 48,000 pounds $317.00 $634.00 $951.00 $1,268.00 $1,902.00 $2,536.00 $3,170.00 $3,804.00 $4,438.00
Class I: transit carrier vehicles operated by transit companies $1,493.00
Class J: motor vehicles designed for carrying fewer than 10 passengers and used for the transportation of persons for compensation. $776.00



(b) On and after July 1, 2001, until July 1, 2003:
less than

5,000 miles

5,000 to

10,000 miles

10,001 to

15,000 miles

15,001 to

19,999 miles

20,000 to

29,999 miles

30,000 to

39,999 miles

40,000 to

49,999 miles

50,000 to

59,999 miles

60,000

and over

Class A: 3,000 pounds or less $40.00 $80.00 $120.00 $160.00 $240.00 $320.00 $400.00 $480.00 $560.00
Class B: more than 3,000 pounds and not more than 4,500 pounds $68.00 $136.00 $204.00 $272.00 $408.00 $544.00 $680.00 $816.00 $952.00
Class C: more than 4,500 pounds and not more than 12,000 pounds $82.00 $165.00 $246.00 $328.00 $492.00 $656.00 $820.00 $984.00 $1,148.00
Class D: more than 12,000 pounds and not more than 16,000 pounds $112.00 $224.00 $336.00 $448.00 $672.00 $896.00 $1,120.00 $1,344.00 $1,568.00
Class E: more than 16,000 pounds and not more than 24,000 pounds $144.00 $288.00 $432.00 $576.00 $864.00 $1,152.00 $1,440.00 $1,728.00 $2,016.00
Class F: more than 24,000 pounds and not more than 36,000 pounds $200.00 $400.00 $600.00 $800.00 $1,200.00 $1,600.00 $2,000.00 $2,400.00 $2,800.00
Class G: more than 36,000 pounds and not more than 48,000 pounds $248.00 $496.00 $744.00 $992.00 $1,488.00 $1,984.00 $2,480.00 $2,976.00 $3,472.00
Class H: more than 48,000 pounds $334.00 $668.00 $1,002.00 $1,336.00 $2,004.00 $2,672.00 $3,340.00 $4,008.00 $4,676.00
Class I: transit carrier vehicles operated by transit companies $1,572.00
Class J: motor vehicles designed for carrying fewer than 10 passengers and used for the transportation of persons for compensation. $816.00

(c) On and after July 1, 2003, until July 1, 2020:
less than

5,000 miles

5,000 to

10,000 miles

10,001 to

15,000 miles

15,001 to

19,999 miles

20,000 to

29,999 miles

30,000 to

39,999 miles

40,000 to

49,999 miles

50,000 to

59,999 miles

60,000

and over

Class A: 3,000 pounds or less $42.00 $84.00 $126.00 $168.00 $252.00 $336.00 $420.00 $504.00 $588.00
Class B: more than 3,000 pounds and not more than 4,500 pounds $72.00 $144.00 $216.00 $288.00 $432.00 $576.00 $720.00 $864.00 $1,008.00
Class C: more than 4,500 pounds and not more than 12,000 pounds $86.00 $173.00 $258.00 $344.00 $516.00 $688.00 $860.00 $1,032.00 $1,204.00
Class D: more than 12,000 pounds and not more than 16,000 pounds $117.00 $234.00 $351.00 $468.00 $702.00 $936.00 $1,170.00 $1,404.00 $1,638.00
Class E: more than 16,000 pounds and not more than 24,000 pounds $151.00 $302.00 $453.00 $604.00 $906.00 $1,208.00 $1,510.00 $1,812.00 $2,114.00
Class F: more than 24,000 pounds and not more than 36,000 pounds $210.00 $420.00 $630.00 $840.00 $1,260.00 $1,680.00 $2,100.00 $2,520.00 $2,940.00
Class G: more than 36,000 pounds and not more than 48,000 pounds $261.00 $522.00 $783.00 $1,044.00 $1,566.00 $2,088.00 $2,610.00 $3,132.00 $3,654.00
Class H: more than 48,000 pounds $351.00 $702.00 $1,053.00 $1,404.00 $2,106.00 $2,808.00 $3,510.00 $4,212.00 $4,914.00
Class I: transit carrier vehicles operated by transit companies $1,650.00
Class J: motor vehicles designed for carrying fewer than 10 passengers and used for the transportation of persons for compensation. $857.00



      On page 61, by striking ``(b)'' and inserting ``(d)'';

      On page 62, in line 38, by striking ``$12.50'' and inserting ``$11 until July 1, 2001, and
$11.50 until July 1, 2003, and $12'';

      On page 63, in line 34, by striking ``2020'' and inserting ``2001''; in line 36, by striking
``$.23'' and inserting ``$.20''; in line 37, by striking ``$.25'' and inserting ``$.22''; in line 38,
by striking ``$.22'' and inserting ``$.19''; following line 38, by inserting the following:

      ``(b) On and after July 1, 2001, until July 1, 2003, the tax imposed under this act shall
be not less than:

      (1) On motor-vehicle fuels, $.21 per gallon, or fraction thereof;

      (2) on special fuels, $.23 per gallon, or fraction thereof; and

      (3) on LP-gas, $.20 per gallon, or fraction thereof.

      (c) On and after July 1, 2003, until July 1, 2020, the tax imposed under this act shall
be not less than:

      (1) On motor-vehicle fuels, $.22 per gallon, or fraction thereof;

      (2) on special fuels, $.24 per gallon, or fraction thereof; and

      (3) on LP-gas, $.21 per gallon, or fraction thereof.'';

      Also on page 63, in line 39, by striking ``(b)'' and inserting ``(d)'';

      On page 64, in line 3, by striking ``The'' and inserting ``(a) On and after July 1, 1999,
until July 1, 2001, the''; in line 6, by striking ``64.85%'' and inserting ``59.55%''; in line 7, by
striking ``35.15%'' and inserting ``40.45%''; following line 7, by inserting the following:

      ``(b) On and after July 1, 2001, until July 1, 2003, the state treasurer shall credit amounts
received pursuant to K.S.A. 79-3408, 79-3408c, 79-3491a, 79-3492 and 79-34,118 and
amendments thereto as follows: To the state highway fund 61.55% and to the special city
and county highway fund 38.45%.

      (c) On and after July 1, 2003, until July 1, 2020, the state treasurer shall credit amounts
received pursuant to K.S.A. 79-3408, 79-3408c, 79-3491a, 79-3492 and 79-34,118 and
amendments thereto as follows: To the state highway fund 63.35% and to the special city
and county highway fund 36.65%.

      (d) On and after July 1, 2020, the state treasurer shall credit amounts received pursuant
to K.S.A. 79-3408, 79-3408c, 79-3491a, 79-3492 and 79-34,118 and amendments thereto as
follows: To the state highway fund 55.3% and to the special city and county highway fund
44.7%.'';

      Also on page 64, in line 19, by striking ``9.51%'' and inserting ``9.5%''; in line 37, by
striking ``12.25%'' and inserting ``12%''; by striking all in lines 41 through 43;

      On page 65, by striking all in lines 1 through 9; in line 28, by striking ``revenue'' and
inserting ``demand'';

      On page 66, in line 42, by striking ``and 79-34,147'' and inserting ``, 79-34,147 and 79-
34,147, as amended by section 96 of 1999 Senate Bill No. 325''; by striking all in line 43;

      On page 67, by striking all in lines 1 and 2;

      By renumbering sections accordingly;

      On page 1, in the title, by striking all in line 18; in line 19, by striking ``8-2409,''; in line
24, by striking ``8-143, 8-143j, 8-172,''; in line 28, preceding the period, by inserting ``and
79-34,147, as amended by section 96 of 1999 Senate Bill No. 325'';

And your committee on conference recommends the adoption of this report.
Audrey Langworthy

Dave Kerr

Ben Vidricksen

Marge Petty

Janis K. Lee
Gary Hayzlett

John Ballou

Clay Aurand

Bruce Larkin
   On motion of Rep. Hayzlett to adopt the conference committee report on HB 2071,
Rep. Myers offered a substitute motion to not adopt the conference committee report and
asked that a new conference committee be appointed. The substitute motion did not prevail.

 The question then reverted back to the original motion of Rep. Hayzlett and the confer-
ence committee report was adopted.

 On roll call, the vote was: Yeas 89; Nays 35; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Campbell, Compton, Cox, Dean, Dreher, Edmonds, Empson, Feuerborn,
Findley, Flaharty, Flower, Freeborn, Garner, Gatewood, Geringer, Gilmore, Glasscock,
Grant, Haley, Hayzlett, Helgerson, Henry, Hermes, Holmes, Horst, Howell, Huff, Hu-
merickhouse, Jenkins, Jennison, Johnson, Kirk, Phil Kline, Krehbiel, Larkin, Light, Lightner,
Lloyd, M. Long, Loyd, Mason, Mays, McClure, McKechnie, McKinney, Minor, Neufeld,
O'Brien, O'Neal, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray, Reardon,
Reinhardt, Ruff, Schwartz, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swen-
son, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Vickrey, Weber, Wells, Wilk.

 Nays: Burroughs, Carmody, Crow, Dahl, Faber, Farmer, Flora, Franklin, Gilbert, Greg-
ory, Henderson, Hutchins, Johnston, Klein, Phill Kline, Kuether, Landwehr, Lane, P. Long,
Mayans, McCreary, Mollenkamp, Morrison, Myers, Nichols, O'Connor, Osborne, Palmer,
Powell, Rehorn, Toplikar, Vining, Wagle, Weiland, Welshimer.

 Present but not voting: None.

 Absent or not voting: Sharp.


EXPLANATIONS OF VOTE
 Mr. Speaker: The lives lost on 169 and 69 highways are the reason I vote yes on HB
2071. A few pennies on gas pale in the shadow of the safety and lives saved in my district
and across our State. Protecting the citizens of our State is our foremost responsibility as
legislators. I commend Governor Graves for his leadership and courage and our House and
Senate for joining him and doing what is good and right for our future.--Jene Vickrey,
Andrew Howell

   Mr. Speaker: I wanted to vote yes. I really did. However, I must vote no on HB 2071
based on this reason.

 A couple of years ago, the Highway Patrol, due to manpower shortages, publicly an-
nounced to the world, including criminals, that it would no longer patrol our metropolitan
highways after midnight. This has created an unpatroled drug run in our cities.

 This also means that our families and workers coming home at night share the highways
with the worst sort of criminals, and there is no patrolman even on duty.

 I cannot vote to lay another mile of highway until we can commit the resources to patrol
the ones we have.--Rick Rehorn

   Mr. Speaker: I vote ``NO'' on the Comprehensive Transportation Bill, HB 2071, for the
following reasons:

 (1) I refuse to increase taxes on the citizens of Kansas when they are overburdened with
taxes already. Government should not continue to spend more and more of the taxpayers'
money.

 (2) The service station operators of my district, which borders OKLA, presently charge
more tax on the products they sell than operators selling those products in OKLA. This bill
would only widen this differential.

 (3) I refuse to obligate my children and grandchildren to pay for debt when I am con-
cerned that their financial future may not be as secure as our own.--Bill McCreary

   Mr. Speaker: I vote no on HB 2071. I support funding for improving our state trans-
portation system and public transportation. I believe the projects should be funded with
user fees. This funding plan devotes too much of our state sales tax revenue to highways, I
cannot in good conscience go home and call this funding ``user fees.'' If it is not funded by
user fees, it is a pure tax increase. I must reluctantly vote no.--Marti Crow

   Mr. Speaker: I vote yes on HB 2071. I don't like a gas tax hike and I don't like the
amount of revenue transfer in the out years. But the prospect of tobacco dollars for children's
issues as provided by the Children's Trust Fund, tempers my fears about funding for the
future.

 I also remember today the $34m in State Discretionary Highway funds that were sent to
my community in 1998 to close the deal on the NASCAR Project. On that fateful day, I
realized just how important highway dollars can be to a community and its future devel-
opment.--Bill Reardon

   Mr. Speaker: We vote NO on HB 2071. This highway plan enacts the largest tax increase
in state history. It also places a huge debt burden on our children. If it wasn't good politics
to support a tax increase for highways during the campaign, it isn't good public policy now.
A billion dollars a year, one-ninth of the state budget, should be more than enough.--Tony
Powell, Susan Wagle, Carlos Mayans, Don Myers, Peggy Long, Peggy Palmer,
Kay O'Connor, Gayle Mollenkamp, Mike Farmer, Billie Vining, Brenda K.
Landwehr, John M. Toplikar, Don Dahl

   Mr. Speaker: I vote no on HB 2071. I cannot claim to be for lower taxes and less
government by raising gas taxes on my constituents. I would like to vote for a reasonably
sized transportation plan that does not increase taxes.--Cliff Franklin

   Mr. Speaker: I vote yes on HB 2071. The bill contains an appropriate fuel tax increase
of 4 cents per gallon phased in over a 10 year period. Kansas citizens are fair minded people
who believe in paying their way. This bill provides for an appropriate level of user tax
support.

 In addition the jobs on highways and public projects in this plan will insure a strong
economy for future generations of Kansas.--Doug Spangler

   Mr. Speaker: I vote yes on HB 2071, ``The 1999 Comprehensive Transportation Plan.''
While increasing gasoline taxes is very difficult for any member of the House of Represen-
tatives, it is extremely difficult for a member to increase gasoline taxes when you live right
next to a State that has lower taxes on gasoline. Higher gasoline taxes places numerous
businesses in my district in a competitive disadvantage. But the need for a new bridge over
the Missouri River located in Atchison is very important for the Atchison Community.
Because of the long-term multi-year need to replace this bridge, I vote yes.--Jerry Henry

   Mr. Speaker: I vote no on HB 2071. I want to vote for a responsible comprehensive
transportation plan. Unfortunately, I cannot vote for this bill.

 1. This raises taxes on working families every time they fill up at the gas station.

 2. It more than doubles our highway bond debt. We still have not paid off the bond debt
from our last transportation plan.

 3. The people of Kansas have no guarantees on which new roads will be built under this
plan. I support extending K-10 from Lawrence to Topeka, and if that project was in this
plan, I would be much more likely to vote for it.

 This bill will pass into law, but it will do so without my vote.--Rocky Nichols

   Mr. Speaker: I vote no on HB 2071. The original House position was a plan that would
not increase taxes or require the issuance of 20 year bonds. I supported that plan.

 Using a credit card to purchase capital improvements is not the financial advice I would
give to my children or recommend for the state.

 I was not sent here to increase taxes or create a burden on the state general fund, therefore
I vote no.--Becky Hutchins, Vern Osborne

   Mr. Speaker: If past experience prevails we can expect increased funding for highway
improvements to ultimately benefit the State of Kansas. This translates into increased dollars
that can provide additional opportunities to better fund our obligations to provide for the
needs of Kansans and to lower property taxes. In addition increased safety on the highways
for the traveling public; public transportation increased funding; and funding for airports
are also additional reasons I support investing additional dollars in a transportation plan. I
vote yes on HB 2071.--Deena Horst


PROTEST
 Mr. Speaker: In accordance with Article 2, Section 10, of the Constitution of the State
of Kansas, I submit the following:














Comprehensive Transportation Program FY 2000 - 2010
Major Modification Interstate and Non-Interstate and Priority Bridge Projects Only
(Includes FY 2000 and FY 2001 Interim projects previously scheduled for letting)
Assumes Funding as per HB2071 as Passed 4/30/99
MM
=
Major Modification project scopes include either rehabilitating the existing roadway or reconstructing the roadway including shoulder improvements
PB
=
Priority Bridge project scopes include either rehabilitating the existing bridge orbridge replacement.
RouteCountyLocation Description
Length
(Mile)
Program
Category


RouteCountyLocation Description
Length
(Mile)
Program
Category




K31AndersonNorth Fork Little Osage RiverDrainage, east of US-59PB
US59AndersonSouth Fork Pottawatomie CreekDrainage, north of US-169PB
K7AtchisonDeer Creek, north of AtchisonPB
K9AtchisonGrasshopper Creek, west of US-159PB
US59AtchisonWhite Clay Creek, east of US-73/K-9in AtchisonPB
US73AtchisonLeavenworth-Atchison County Line,north 3.4 miles3.4MM
US73AtchisonWest Jct US-59 in Atchison, west toLancaster (Project advanced toFY 99)8.7MM
US160BarberBitter Creek, east of Comanche-Barber County LinePB
US160BarberCedar Creek, west of US-281PB
K4BartonCow Creek, west of ClaflinPB
K156BartonEast Jct US-56, northeast to Barton-Ellsworth County Line17.2MM
US281BartonCheyenne Bottom Drainage, southof HoisingtonPB
US281BartonBlood Creek Drainage, south ofHoisingtonPB
US281BartonBlood Creek, south of HoisingtonPB
US281BartonBlood Creek Drainage, south ofHoisingtonPB
K3BourbonHinton Creek, north of West Jct K-39 (Data error, bridge in goodcondition, project suspended)PB
K7BourbonLittle Osage River, south of K-31PB
US54BourbonTennyson Creek, east of Bourbon-Allen County LinePB
US54BourbonWalnut Creek, east of K-3PB
US54BourbonOld US-69, east and south to SouthJct US-69(Existing 4Lane)1.5MM
US54BourbonFt Scott, east to Kansas-MissouriState Line3.7MM
US69BourbonNorth Jct US-54, north to Bourbon-Linn County Line (New 4Lane)12.7MM
US36BrownWest of Hiawatha, east to Brown-Doniphan County Line12.4MM
US75BrownEast Jct US-36, north to north ofSabetha7.5MM
US54ButlerAugusta, east to east of K-96(Existing 4Lane)7.0MM
US54ButlerBN Railroad over US-54 (EL), northof K-960.7PB
US54ButlerTurkey Creek Drainage, (EL) northof K-96PB
US54ButlerCave Spring Creek, (EL) north of K-96PB
US54ButlerTurkey Creek, (EL) north of K-96PB
US54ButlerWalnut River Drainage, (EL) northof K-96PB
US77ButlerCowley-Butler County Line, north toAugusta13.9MM
US77ButlerEl Dorado, north to north ofDeGraff9.6MM
US77ButlerNorth of DeGraff, north to Butler-Chase County Line7.3MM
K196ButlerFourmile Creek, southeast ofHarvey-Butler County LinePB
US400Butler4.2 miles east of US-54, east 5.3miles5.3MM
US400Butler9.5 miles of US-54, east 7 miles7.0MM
K150ChaseMarion-Chase County Line, east toUS-508.7MM
K7CherokeeCherry Creek, south of K-102PB
US69CherokeeOklahoma-Kansas State Line, northto Columbus11.9MM
K96CherokeeCherry Creek, east of Labette-Cherokee County LinePB
K96CherokeeCherry Creek, east of Labette-Cherokee County LinePB
K96CherokeeCherry Creek, east of Labette-Cherokee County LinePB
K96CherokeeCherry Creek, east of Labette-Cherokee County LinePB
K96CherokeeSpring River, west of Kansas-Missouri State LinePB
US166CherokeeSpring River Drainage, east of US-66PB
US166CherokeeSpring River, east of US-66PB
K34ClarkBluff Creek Drainage, north of US-160 (Not on map due to dataerror)PB
US160ClarkJohnson Creek, east of Clark-MeadeCounty LinePB
US160ClarkLittle Sandy Creek, east of US-283PB
K15ClayOtter Creek, north of K-82PB
US24ClayRepublican River, west of ClayCenterPB
K80ClayHuntress Creek, west of K-15PB
K82ClayMilford Lake, east of WakefieldPB
US81CloudNorth of Concorida, north to Cloud-Republic County Line (New4Lane)3.0MM
K31CoffeyRock Creek, east of 2nd Street inWaverlyPB
I35CoffeyLyon-Coffey County Line, east toeast of K-1315.5MM
I35CoffeyEast of K-131, east to west of US-756.4MM
I35CoffeyWest of US-75, northeast to Coffey-Osage County Line1.4MM
US75CoffeyNeosho River, north of K-57PB
US75CoffeyApprox. 5 miles north of NewStrawn, north to south of I-355.0MM
US160ComancheKiowa Creek, east of ProtectionPB
US160ComancheCavalry Creek, east of ProtectionPB
US160ComancheMule Creek, west of Comanche-Barber County LinePB
K15CowleyGrouse Creek, north of DexterPB
US77CowleyArk City, north to Walnut River inWinfield (Existing 4Lane)8.9MM
K3CrawfordBig Walnut, north of K-57PB
K7CrawfordCherokee-Crawford County Line,north to K-1265.0MM
K7CrawfordK-126, north to Girard6.5MM
K7CrawfordSecond Cow Creek, south ofFarlingtonPB
K7CrawfordWest Fork Dry Wood Creek, northof FarlingtonPB
K57CrawfordSecond Cow Creek Drainage, east ofK-7PB
K57CrawfordFirst Cow Creek, west of US-69(Side road)PB
K57CrawfordFirst Cow Creek, west of US-69PB
US69CrawfordNorth Jct US-69 Bus, north to US-69 Bus (Arma)8.1MM
K126CrawfordLightning Creek Drainage, west ofK-7PB
K126CrawfordLime Creek, west of K-7PB
K126CrawfordLightning Creek, west of K-7PB
K126CrawfordLimestone Creek, west of K-7PB
K126CrawfordLightning Creek, west of K-7PB
K126CrawfordLightning Creek, west of K-7PB
US160CrawfordRelocated North Jct US-69, east toKansas-Missouri State Line4.8MM
K383DecaturJennings, northeast to Decatur-Norton County Line6.8MM
K4DickinsonEast Holland Creek, east of CarltonPB
K4DickinsonWest Branch Turkey Creek, west ofK-15PB
K15DickinsonMud Creek Drainage, north of I-70PB
US56BDickinsonLime Creek Drainage, north of US-56PB
US56BDickinsonLime Creek, east of 5th Street inHeringtonPB
I70DickinsonSaline-Dickinson County Line, eastto west of Abilene8.2MM
I70DickinsonI-70 over Local Road, east of K-43PB
K197DickinsonChapman Creek Drainage, west ofK-15PB
K7DoniphanK-20, northeast to Troy4.6MM
K20DoniphanIndependence Creek Drainage, eastof Brown-Doniphan County LinePB
US36DoniphanBrown-Doniphan County Line, east0.7 mile0.7MM
US36DoniphanEast of Wathena, east to MissouriRiver Bridge (New 4Lane)4.0MM
K120DoniphanWolf River Drainage, north of K-20at SeverancePB
US56DouglasWest Fork Tauy Creek, west of US-59PB
US59DouglasFranklin-Douglas County Line,north to Lawrence (New 4Lane)11.1MM
US50EdwardsFord-Edwards County Line, east toAT&SF Railroad Bridge inKinsley8.5MM
US56EdwardsUS-50, east to Kinsley0.3MM
K99ElkMound Branch, north of US-160PB
K99ElkPawpaw Creek, north of HowardPB
K99ElkNorth of Howard, north to Elk-Greenwood County Line8.9MM
US160ElkCaney River, east of Cowley-ElkCounty LinePB
US160ElkCaney River Drainage, east ofCowley-Elk County LinePB
US160ElkCorum Creek, east of Cowley-ElkCounty LinePB
US160ElkStream, east of K-99PB
US160ElkHitchen Creek, east of LongtonPB
US183EllisHays, north to Ellis-Rooks CountyLine16.5MM
K14EllsworthOxide Creek, southeast of K-156PB
K140EllsworthAlum Creek, east of K-111 (Not onmap due to data error)PB
K156EllsworthBarton-Ellsworth County Line,northeast to East City LimitsHolyrood5.0MM
K156EllsworthPlum Creek, northeast of HolyroodPB
K156EllsworthHolyrood, northeast to K-1412.7MM
US50FinneyEast of Garden City, southeast toFinney-Gray County Line10.0MM
K34FordSt Louis-South Western Railroadover K-34 in BucklinPB
US50FordDodge City, east to US-56/US-50B4.1MM
US400FordArkansas River Drainage, west ofUS-283 Bus in Dodge CityPB
I35FranklinWest of West Jct US-50 Bus,northeast to north of K-685.4MM
I35FranklinNorth of K-68, northeast 7.3 miles7.3MM
I35Franklin7.6 miles northeast of K-68,northeast to Franklin-MiamiCounty Line4.1MM
US59FranklinOttawa, north to Franklin-DouglasCounty Line (New 4Lane)7.3MM
K18GearyNorth of East Jct I-70, northeast toGeary-Riley County Line (New4Lane)2.7MM
US40BGearySmoky Hill River, east of US-77 BusPB
K57GearyClark Creek, southeast of I-70PB
K57GearyDry Creek Drainage, north and westof Geary-Morris County LinePB
US77GearyUS-77 over Union Pacific Railroad,south of I-70PB
K23GoveHackberry Creek, south of GovePB
K23GoveHackberry Creek Drainage, south ofGovePB
US24GrahamSouth Fork Solomon RiverDrainage, east of K-18PB
US283GrahamCurb and Gutter in Hill City, northto Graham-Norton County Line13.5MM
K27GreeleyTribune, north to Greeley-WallaceCounty Line15.9MM
US54GreenwoodVerdigris River, west of Greenwood-Woodson County LinePB
K57GreenwoodHalderman Creek Drainage, east ofMadisonPB
K57GreenwoodHalderman Creek, east of MadisonPB
K99GreenwoodElk-Greenwood County Line, north0.8 mile0.8MM
K99GreenwoodFall River Drainage, south of US-54PB
K99GreenwoodHomer Creek Drainage, north ofUS-54PB
K99GreenwoodSlate Creek, south of HamiltonPB
K99GreenwoodOnion Creek, north of HamiltonPB
K99GreenwoodWillow Creek, north of HamiltonPB
US50HamiltonWest City Limits Syracuse, east toHamilton-Kearny County Line12.4MM
K2HarperLittle Sandy Creek, east of Barber-Harper County LinePB
K44HarperBluff Creek Drainage, east edge ofAnthonyPB
K44HarperRock Creek, east of AnthonyPB
K44HarperSilver Creek Drainage, east ofAnthonyPB
K44HarperSilver Creek, east of AnthonyPB
US160HarperUS-160 over AT&SF Railroad, eastof K-2PB
I135HarveySouth of South Jct K-15, north andnorthwest to north of K-155.4MM
I135HarveyNorth of K-15, northwest to Harvey-McPherson County Line8.0MM
K196HarveyWildcat Creek, east of I-135PB
K196HarveyGypsum Creek, west of Harvey-Butler County LinePB
K196HarveyWest Branch Whitewater River,Harvey-Butler County LinePB
K156HodgemanBuckner Creek, west of Hodgeman-Pawnee County LinePB
K156HodgemanBuckner Creek Drainage, west ofHodgeman-Pawnee County LinePB
K16JacksonSoldier Creek, east of K-62PB
K4JeffersonDelaware River, northeast of K-16PB
K92JeffersonPrairie Creek, west of Jefferson-Leavenworth County LinePB
K192JeffersonCrooked Creek, east of US-59PB
US36JewellK-128, east to Mankato6.9MM
US36JewellMankato, east to 4.7 miles east of K-149.0MM
I35/435JO/WYIntelligent Transportation System,KC Metro Area (Not mapped,covers major portions of I-35 &I-435)MM
US56JohnsonMartin Creek, east of Douglas-Johnson County LinePB
I435JohnsonUS-169, west to west of US-692.4MM
K25KearnyAmazon Ditch, north of US-50PB
US50KearnyHamilton-Kearny County Line, eastto Lakin15.0MM
K14KingmanChikaskia River, north of Harper-Kingman County LinePB
K14KingmanChikaskia River Drainage, south ofK-42PB
K17KingmanSmoots Creek, north of US-54PB
US54KingmanKingman, east to east of K-17(Existing 4Lane)9.1MM
US166LabetteNeosho River, east of US-59PB
K32LeavenworthStranger Creek, east of LinwoodPB
US73LeavenworthThreemile Creek, north of K-92PB
US73LeavenworthNorthwest of Jct K-192, northwest toLeavenworth-Atchison CountyLine3.3MM
LeavenworthBridge R2-LVSL-01 at LeavenworthCounty State Lake (KDWPAgreement, not on StateHighway System)PB
K14LincolnBattle Creek, north of K-18PB
K14LincolnRattlesnake Creek, north of K-284PB
K7LinnLittle Sugar Creek, north of K-52 atMound CityPB
US69LinnBourbon-Linn County Line, north toK-239 (New 4Lane)2.0MM
US69LinnSouth of K-239, north to North JctK-52 (New 4Lane)13.9MM
US69LinnNorth Jct K-52, north to Linn-MiamiCounty Line (New 4Lane)9.2MM
US40Logan/GoveWest Jct US-83, east to I-70(Existing 4Lane)3.2MM
I35LyonEast Jct US-50, east to east of K-1309.4MM
I35LyonEast of K-130, east to Lyon-CoffeyCounty Line0.9MM
US50LyonUS-50 over AT&SF Railroad andtwo Streets, east of K-99PB
US56LyonBluff Creek, east of Morris-LyonCounty LinePB
US56LyonHill Creek, west of K-99PB
US56Lyon142 Mile Creek, east of K-99PB
K99Lyon142 Mile Creek, north of US-56PB
K99LyonElm Creek, south of Lyon-Wabaunsee County LinePB
K130LyonNeosho River, north of HartfordPB
K15MarionNorth Cottonwood River, south ofDurhamPB
US50MarionEast of Florence, east to Marion-Chase County Line4.0MM
US56MarionSouth City Limits Lincolnville, northto Marion-Dickinson CountyLine8.4MM
US77MarionButler-Marion County Line, north4.4 miles4.4MM
US77Marion4.4 miles north of Butler-MarionCounty Line, north to South CityLimits Florence6.7MM
US77MarionUS-50, north to US-56/K-1508.8MM
K150MarionUS-56, east to Marion-Chase CountyLine8.0MM
K9MarshallJohnson Fork, southwest ofFrankfortPB
K9MarshallBlack Vermillion River Drainage,west of FrankfortPB
K9MarshallLittle Timber Creek, east of K-99PB
K9MarshallOikierman Creek, west of K-87PB
US77MarshallHorseshoe Creek, north of US-36PB
K99MarshallClear Fork Creek, north ofPottawatomie-Marshall CountyLinePB
K23MeadeCrooked Creek, south of US-54PB
K23MeadeCrooked Creek, north of K-98PB
US54Meade2Lane/4Lane, east to Spring Lake inMeade0.7MM
US54MeadeState Street in Meade, east to 4Lanedivided/2Lane1.3MM
US160MeadeSeward-Meade County Line, east toWest Jct US-543.8MM
I35MiamiFranklin-Miami County Line,northeast to Miami-JohnsonCounty Line2.8MM
K68MiamiSouth Wea Creek, west of US-69PB
US69MiamiLinn-Miami County Line, north 4.6miles (New 4Lane)4.6MM
US69Miami4.6 miles north Linn-Miami CountyLine, north to 2Lane/4LaneDivided (New 4Lane)10.9MM
US69Miami2Lane/4Lane Divided, north to 5.9miles north of K-68 (Existing4Lane)6.5MM
US169MiamiSouthwest of K-7, northeast tosouthwest of K-263 (New 4Lane)9.9MM
US169MiamiSouthwest of K-263, northeast to 2Lane/4 Lane Divided (New4Lane)10.7MM
K14MitchellSalt Creek, north of Lincoln-MitchellCounty LinePB
K14MitchellMulberry Creek Drainage, north ofUS-24PB
K181MitchellNorth Branch Spillman CreekDrainage, west of HunterPB
K181MitchellClay Creek Drainage, south ofTiptonPB
US160MontgomeryVerdigris River Drainage, east ofUS-75PB
US169Montgomery2Lane/4Lane Divided, north toSouth Jct US-160 (Existing4Lane)1.1MM
K4MorrisClark Creek Drainage, east of US-77PB
US56MorrisMoPac Railroad over US-56, east ofUS-77PB
K177MorrisMunkers Creek, south of Morris-Geary County LinePB
K27MortonElkhart, north to South Jct K-51 &Northeast Bypass9.8MM
US56MortonWest of Rolla, northeast to Morton-Stevens County Line8.0MM
K9NemahaSouth Branch Black Vermillion RiverDrainage, east of Marshall-Nemaha County LinePB
K9NemahaSouth Branch Black Vermillion RiverDrainage, west of CentraliaPB
K9NemahaIllinois Creek, west of K-63PB
K63NemahaTennessee Creek, north of K-9PB
K39NeoshoUS-39 over BN-SF Railroad, inChanutePB
K39NeoshoNeosho River, east of ChanutePB
K39NeoshoBig Creek Overflow, east of ChanutePB
K39NeoshoBig Creek, east of ChanutePB
US59NeoshoLabette Creek Drainage, north ofLabette-Neosho County LinePB
US169NeoshoSouth City Limits Thayer, north tonorth of K-476.1MM
US169Neosho4Lane Divided/2Lane, north toNeosho-Allen County Line3.2MM
K96NessNorth Fork Walnut Creek, west ofNess CityPB
K96NessNorth Fork Walnut Creek Drainage,west of US-283 in Ness CityPB
K96NessLong Branch, east of US-283PB
K96NessWalnut Creek Drainage, west ofNess-Rush County LinePB
K9NortonElk Creek, at LenoraPB
K9NortonEast Elk Creek, west of US-283PB
K9NortonOtter Creek, east of EdmondPB
US36NortonDecatur-Norton County Line, east toWest Jct K-3839.5MM
US36NortonWest Jct K-383, east to Norton5.8MM
US36NortonUS-36 over Railroad and Local Rd,east of US-283PB
US283NortonGraham-Norton County Line,northwest to West Jct K-96.0MM
US283NortonUS-36 in Norton, north to Kansas-Nebraska State Line11.3MM
K383NortonDecatur-Norton County Line,northeast to West Jct US-3613.6MM
I35OsageCoffey-Osage County Line, east toeast of East Jct K-316.4MM
US56OsageSalt Creek, east of Lyon-OsageCounty LinePB
US56OsageSwede Creek, east of Lyon-OsageCounty LinePB
US56OsageSmith Creek, north of K-31PB
US56OsageDragoon Creek Drainage, north ofK-31PB
US56OsageUS-56 over Mo Pac Railroad, west ofOverbrookPB
US24OsborneNorth Jct US-281, east to 2Lane/4Lane6.9MM
US281OsborneSouth Fork Solomon River, south ofUS-24PB
K18OttawaAntelope Creek, east of K-106PB
US81OttawaSolomon River, (WL) north of K-18PB
US81OttawaSolomon River, (EL) north of K-18PB
K156PawneePawnee River, west of US-183PB
K156PawneeCocklebur Creek, west of US-183PB
K156PawneePawnee River Drainage, east of US-183PB
K383PhillipsElk Creek, northeast of Long IslandPB
K383PhillipsPrairie Dog Creek, northeast ofLong IslandPB
K383PhillipsJack Creek, west of US-183PB
K383PhillipsDry Creek, west of US-183PB
K16PottawatomieVermillion River, east of K-259PB
K16PottawatomieSpring Creek, west of K-63PB
K63PottawatomieLittle Noxie Creek, north of EmmettPB
K99PottawatomieRock Creek, south of WestmorelandPB
K99PottawatomieRock Creek Drainage, north of StateStreet in WestmorelandPB
US36RawlinsWest of Atwood, east to 8.3 mileseast of Atwood8.4MM
US36Rawlins8.3 miles east of Atwood, east toRawlins-Decatur County Line7.7MM
US50RenoK-14, east to K-616.6MM
US50RenoEast of K-96, east to west of K-61(New 4Lane)2.2MM
K96RenoHutchinson Bypass - US-50,northwest to northwest of K-961.6MM
K96RenoK-96 over SSW Railroad & AvenueD, south of 5th Avenue inHutchinsonPB
K96RenoK-96 over Avenue F, south of 5thAvenue in HutchinsonPB
US36RepublicRepublican River and Mo-PacRailroad, west edge ScandiaPB
US81RepublicCloud-Republic County Line, northto Belleville Inspection Station(New 4Lane)9.4MM
US81RepublicNortheast of US-36, north to southof Kansas-Nebraska State Line(New 4Lane)9.9MM
K139RepublicSouth Fork Mill Creek, south of US-36PB
K148RepublicEast Creek, east and north of US-81near WaynePB
K4RiceLost Creek, west of FrederickPB
US56RiceCow Creek, east of Barton-RiceCounty LinePB
US56RiceLittle Cow Creek, west of LyonsPB
K18RileyGeary-Riley County Line, northeastto 2Lane/4Lane divided (New4Lane)2.3MM
K18RileyK-18/K-113 Interchange inManhattanMM
K18RileyK-18 over K-113 (NL) in ManhattanPB
K18RileyK-18 over K-113 (SL) in ManhattanPB
US24RileyTimber Creek, east of K-82PB
I70RileyGeary-Riley County Line, east toRiley-Wabaunsee County Line6.0MM
US77RileyFancy Creek, north of K-16PB
US183RooksEllis-Rooks County Line, north toPlainville6.2MM
K4RushBig Timber Creek, north ofMcCrackenPB
K96RushWalnut Creek Drainage, east ofNess-Rush County LinePB
US281RussellLandon Creek, north of Barton-Russell County LinePB
US281RussellSmoky Hill River, north of Barton-Russell County LinePB
K4SalineEast of North Jct I-135, east andnorth to K-1042.5MM
I70SalineWest of I-135/US-81, east to 6.2miles west of Saline-DickinsonCounty Line9.4MM
I70Saline6.2 miles west of Saline-DickinsonCounty Line, east to Saline-Dickinson County Line6.2MM
US81SalineNorth of I-70/I-135, north to Saline-Ottawa County Line (Existing4Lane)5.8MM
K104SalineK-4, north and west to I-1352.3MM
I135SalineMcPherson-Saline County Line,north to north of K-1049.4MM
K42Sedgwick1.7 miles northeast of K-49,northeast 1.6 miles1.6PB
K42SedgwickNinnescah River Drainage, northeastof K-49PB
K42SedgwickNinnescah River Drainage, northeastof K-49PB
K42SedgwickNinnescah River, northeast of K-49PB
K42SedgwickNinnescah River Drainage, northeastof K-49PB
US54SedgwickKingman-Sedgwick County Line,east to east of K-163 (Existing4Lane)7.5MM
US81SedgwickCowskin Creek, north of Sumner-Sedgwick County LinePB
K96SedgwickWest of Maize Road, southeast toWichita (Existing 4Lane)6.3MM
I135SedgwickNorth of Pawnee Street, north toBeginning of Viaduct2.3MM
I135SedgwickEnd Viaduct, north to north of 37thStreet2.6MM
I135SedgwickNorth of 85th Street, north toSedgwick-Harvey County Line4.8MM
US54SewardOklahoma-Kansas State Line,northeast to Western Ave inLiberal (New 4Lane)3.7MM
US160SewardSouth Jct US-83, east to Seward-Meade County Line12.9MM
K4ShawneeMission Creek Drainage, northeastof DoverPB
US24ShawneeUnion Pacific Railroad, west of US-24/US-75 Interchange (New4Lane)PB
I70ShawneeWabaunsee-Shawnee County Line,east to west of Valencia Road3.7MM
US75Shawnee4-Lane/2-Lane, north to north ofKTA (New 4Lane)5.7MM
US75ShawneeEast Jct I-70, north to north ofKansas River Bridge (Existing4Lane)0.5MM
US75ShawneeKansas River, SSW Railroad (EL),north of I-70PB
US75ShawneeKansas River, SSW Railroad (WL),north of I-70PB
US75ShawneeNorth of Kansas River Bridge, northto northeast of US-24 (Existing4Lane)1.7MM
K23SheridanSaline River, north of Gove-SheridanCounty LinePB
K27ShermanWallace-Sherman County Line,north 7.1 miles7.1MM
K27Sherman7.1 miles north of Wallace-ShermanCounty Line, north to Goodland6.1MM
K27ShermanGoodland, north 6.3 miles6.3MM
K27Sherman6.3 miles north of Goodland, northto Sherman-Cheyenne CountyLine10.2MM
K27StantonMorton-Stanton County Line, northto South Jct US-16012.1MM
US56StevensMorton-Stevens County Line, east toHugoton11.4MM
K44SumnerFall Creek, east of Harper-SumnerCounty LinePB
K53SumnerArkansas River, west of MulvanePB
K55SumnerCowskin Creek, east of Belle PlainePB
US81SumnerNinnescah River Drainage, east ofK-55PB
K25ThomasKyle Railroad, north of US-24 atColbyPB
K25ThomasSouth Fork Sappa Creek, north ofUS-24PB
K147TregoBig Creek, south of I-70PB
US283TregoNess-Trego County Line, north 10miles10.0MM
US283Trego10 miles north Ness-Trego CountyLine, north to south of I-7011.8MM
K4WabaunseeDragoon Creek Drainage, northeastof EskridgePB
K4WabaunseeMission Creek Drainage, west ofKeenePB
K4WabaunseeHigby Creek Drainage, west ofKeenePB
I70WabaunseeRiley-Wabaunsee County Line, eastto west of Jct K-995.2MM
I70WabaunseeWest of K-138, east to east of Jct K-308.7MM
I70WabaunseeEast of K-30, east to Wabaunsee-Shawnee County Line4.7MM
K99WabaunseeChicken Creek, north of K-31PB
K27WallaceEagle Trail Creek, south of US-40 atSharon SpringsPB
K148WashingtonCottonwood Creek, north of US-36PB
K25WichitaSand Creek, north of Kearny-Wichita County LinePB
K25WichitaLadder Creek, north of K-96PB
K96WichitaWhite Woman Creek, east ofWichita-Greeley County LinePB
K47Wilson5.7 miles east of Fredonia, east toeast of US-752.8MM
K47WilsonLittle Cedar Creek, east of US-75PB
K47WilsonBig Cedar Creek, east of US-75PB
US75WilsonEast of K-96, east to Neodesha0.9MM
US75WilsonApprox. 5 miles north of US-400,north to Wilson-WoodsonCounty Line10.7MM
K32WyandotteEast of old K-132/K-32 Interchange,southeast to 55th Street1.0MM
K32WyandotteKansas River, southeast of old K-132/K-32 InterchangePB
I35WyandotteEast of SW Boulevard, northeast toKansas-Missouri State Line1.7MM
I70WyandotteWest of I-635, east to east of I-6351.3MM
US169WyandotteUS-169 over Union Pacific Railroad& Local Street, north of K-132PB
I635WyandotteK-132, north to north of US-242.3MM
I635WyandotteNorth of US-24 to Missouri RiverBridge2.9MM





   These projects have been guaranteed to be built by the Secretary of the Kansas Depart-
ment of Transportation with the passage of HB 2071.--Ed McKechnie

 The House returned to that order of business, Final Action on Bills and Concurrent
Resolutions, subject to amendment, debate and roll call (see previous action, Morning
Session).

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Committee report recommending a substitute bill to H. Sub. for SB 6 was adopted.

 H. Sub. for SB 6, An act concerning the state fire marshal; relating to the powers and
duties thereof; amending K.S.A. 31-133 and repealing the existing section, was considered
on final action.

 On roll call, the vote was: Yeas 92; Nays 30; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Bethell, Boston, Bur-
roughs, Carmody, Cox, Crow, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora,
Franklin, Garner, Gatewood, Geringer, Gilbert, Gilmore, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Horst, Howell, Huff, Humerickhouse, Johnston, Kirk, Klein,
Phill Kline, Kuether, Lane, Larkin, Lightner, M. Long, P. Long, Mason, Mays, McClure,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien,
O'Connor, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Pow-
ers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Showalter, Shriver, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Wei-
land, Welshimer, Wilk.

 Nays: Ballou, Benlon, Campbell, Compton, Dahl, Dean, Dreher, Edmonds, Flower,
Freeborn, Glasscock, Hermes, Holmes, Hutchins, Jenkins, Johnson, Phil Kline, Krehbiel,
Landwehr, Light, Lloyd, Loyd, Mayans, McCreary, Schwartz, Shultz, Sloan, Vickrey, Weber,
Wells.

 Present but not voting: None.

 Absent or not voting: Jennison, O'Neal, Sharp.

 The substitute bill passed.

 On motion of Rep. Stone HB 2575 was amended on page 1, in line 29, by striking ``or
establishes''; in line 43 before the period by inserting ``no later than January 1, 2000'';

      On page 2, in line 1, before ``An'' by inserting the following:

      ``The board of trustees of any community college shall not commence any new early
retirement incentive programs from the effective date of this act until July 1, 2000.

      (c)''

      Also on page 2, in line 19, by striking ``or establishes''; in line 33 before the period by
inserting ``no later than January 1, 2000''; in line 34, before ``An'' by inserting the following:

      ``The board of education of any school district shall not commence any new early retire-
ment incentive programs from the effective date of this act until July 1, 2000.

      (c)''

      Also on page 2, in line 39, by striking ``statute book'' and inserting ``Kansas Register'';

   HB 2575, An act concerning early retirement incentive programs; amending K.S.A. 1998
Supp. 71-212 and 72-5395 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, Barnes, Beggs, Benlon, Bethell, Bos-
ton, 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, 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, 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: Ballou, Sharp.

 The bill passed, as amended.

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 SB 205, 171.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2150, submits the following report:

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

      On page 2, in line 12, by striking all after ``(5)''; in line 13, by striking all before the period
and inserting ``any report to the court that a party has issued a threat of physical violence
against a party, a party's dependent or family member, the mediator or an officer or em-
ployee of the court with the apparent intention of carrying out such threat'';

      On page 3, in line 7, by striking all after ``(5)''; in line 8, by striking all before the period
and inserting ``any report to the court that a party has issued a threat of physical violence
against a party, a party's dependent or family member, the mediator or an officer or em-
ployee of the court with the apparent intention of carrying out such threat'';

      On page 4, in line 3, by striking all after ``(5)''; in line 4, by striking all before the period
and inserting ``any report to the court that a party has issued a threat of physical violence
against a party, a party's dependent or family member, the mediator or an officer or em-
ployee of the court with the apparent intention of carrying out such threat'';

And your committee on conference recommends the adoption of this report.
Tim Emert

John Vratil

Greta Goodwin
Michael R. O'Neal

Tim Carmody

Janice L. Pauls
 On motion of Rep. O'Neal, the conference committee report on HB 2150 was adopted.

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

 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, 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: Sharp.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 205, 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 amendments,
as follows:

      On page 5, by striking all in lines 38 through 43;

      By striking all on pages 6 through 15;

      On page 16, by striking all in lines 1 through 13;

      And by renumbering sections accordingly;

      Also on page 16, in line 14, by striking ``12-4516, 21-4619 and''; also in line 14, by striking
``are'' and inserting ``is'';

      On page 1, in the title, in line 13, by striking ``12-4516, 21-4619 and''; in line 14, by
striking ``sections'' and inserting ``section'';

And your committee on conference recommends the adoption of this report.
Michael R. O'Neal

Tim Carmody

Janice L. Pauls
Tim Emert

John Vratil

Greta Goodwin
 On motion of Rep. O'Neal, the conference committee report on SB 205 was adopted.

 On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.

 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, Showalter, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining,
Wagle, Weber, Weiland, Wells, Wilk.

 Nays: Welshimer.

 Present but not voting: None.

 Absent or not voting: Sharp.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 240, 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 1, in line 20, by striking ``whose''; by striking all in lines 21 through 25; in line
26, by striking all before ``the'' where it appears for the third time and inserting ``who shall
serve at the pleasure of'';

      By striking all on page 2 and inserting the following:

      ``New Sec.  2. The office of the consumer credit commissioner created by K.S.A. 16-
403 and amendments thereto is hereby abolished. Except as otherwise provided in this act,
all of the powers, duties and functions of the existing consumer credit commissioner are
hereby transferred to and conferred and imposed upon the state bank commissioner estab-
lished by K.S.A. 75-1304 and amendments thereto.

      New Sec.  3. (a)  (1) Except as provided in subsection (2), the state bank commissioner
shall be the successor in every way to the powers, duties and functions of the consumer
credit commissioner in which the same were vested prior to the effective date of this act.
Every act performed in the exercise of such powers, duties and functions by or under the
authority of the state bank commissioner shall be deemed to have the same force and effect
as if performed by the consumer credit commissioner in which such powers, duties and
functions were vested prior to the effective date of this act.

      (2) The deputy commissioner for consumer and mortgage lending shall be the successor
in every way to those powers, duties and functions of the consumer credit commissioner
concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et
seq. and amendments thereto) in which the same were vested prior to the effective date of
this act. Every act performed in the exercise of such powers, duties and functions by or
under the authority of the deputy commissioner for consumer and mortgage lending shall
be deemed to have the same force and effect as if performed by the consumer credit
commissioner in which such powers, duties and functions were vested prior to the effective
date of this act.

      (b)  (1) Except as provided in subsection (2), whenever the consumer credit commis-
sioner, or words of like effect, are referred to or designated by a statute, contract or other
document, such reference or designation shall be deemed to apply to the state bank
commissioner.

      (2) Whenever the consumer credit commissioner, or words of like effect, are referred
to or designated by a statute, contract or other document concerning the administration of
the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments thereto) such
reference or designation shall be deemed to apply to the deputy commissioner for consumer
and mortgage lending.

      (c)  (1) Except as provided in subsection (2), all orders and directives of the consumer
credit commissioner in existence on the effective date of this act shall continue to be effective
and shall be deemed to be orders and directives of the state bank commissioner until revised,
amended or nullified pursuant to law.

      (2) All orders and directives of the consumer credit commissioner concerning the ad-
ministration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments
thereto) in existence on the effective date of this act shall continue to be effective and shall
be deemed to be orders and directives of the deputy commissioner for consumer and mort-
gage lending until revised, amended or nullified pursuant to law.

      (d)  (1) Except as provided in subsection (2), all rules and regulations of the consumer
credit commissioner, in existence on the effective date of this act shall continue to be
effective and shall be deemed to be duly adopted rules and regulations of the state bank
commissioner until revised, amended, revoked or nullified pursuant to law.

      (2) All rules and regulations of the consumer credit commissioner concerning the ad-
ministration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments
thereto) in existence on the effective date of this act shall continue to be effective and shall
be deemed to be duly adopted rules and regulations of the deputy commissioner for con-
sumer and mortgage lending until revised, amended, revoked or nullified pursuant to law.

      (e) The state bank commissioner shall succeed to whatever right, title or interest the
consumer credit commissioner has acquired in any real property in this state, and the state
bank commissioner shall hold the same for and in the name of the state of Kansas.

      (f)  (1) Except as provided in subsection (2), on and after the effective date of this act,
whenever any statute, contract or other document concerns the power or authority of the
consumer credit commissioner, the state bank commissioner shall succeed to such power
or authority.

      (2) On and after the effective date of this act, whenever any statute, contract or other
document concerns the power or authority of the consumer credit commissioner concerning
the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and
amendments thereto) the deputy commissioner for consumer and mortgage lending shall
succeed to such power or authority.

      New Sec.  4. (a) When any conflict arises as to the disposition of any property, power,
duty or function or the unexpended balance of any appropriation as a result of any abolition,
transfer, attachment or change made by or under authority of this act, such conflict shall
be resolved by the governor, whose decision shall be final.

      (b) The state bank commissioner shall succeed to all property, property rights and re-
cords which were used for or pertain to the performance of the powers, duties and functions
transferred to the bank commissioner. The deputy commissioner for consumer and mort-
gage lending shall succeed to all property, property rights and records which were used for
or pertain to the performance of the powers, duties and functions concerning the admin-
istration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq. and amendments
thereto) transferred to the deputy commissioner for consumer and mortgage lending. Any
conflict as to the proper disposition of property or records arising under this section, and
resulting from the transfer, attachment or all or part of the powers, duties and functions of
the consumer credit commissioner, shall be determined by the governor, whose decision
shall be final.

      New Sec.  5. (a) No suit, action or other proceeding, judicial or administrative, lawfully
commenced, or which could have been commenced, by or against any state agency or
program mentioned in this act, or by or against any officer of the state in such officer's
official capacity or in relation to the discharge of such officer's official duties, shall abate by
reason of this act. The court may allow any such suit, action or other proceeding to be
maintained by or against the successor of any such state agency or any officer affected.

      (b) No criminal action commenced or which could have been commenced by the state
shall abate by the taking effect of this act.

      New Sec.  6. (a) On the effective date of this act, the balances of all funds appropriated
or reappropriated for the consumer credit commissioner are hereby transferred to the state
bank commissioner. The director of accounts and reports shall transfer all moneys in the
consumer credit fee fund to the bank commissioner fee fund. On the effective date of this
act, all liabilities of the consumer credit fee fund existing prior to the effective date of this
act are imposed on the bank commissioner fee fund. The consumer credit fee fund is hereby
abolished.

      (b) On the effective date of this act, the liability for all accrued compensation or salaries
of officers and employees who, immediately prior to such date, were engaged in the per-
formance of powers, duties or functions of any state agency or officer transferred by this
act, or which becomes a part of the office of the state bank commissioner or the powers,
duties and functions of which are transferred to the bank commissioner, shall be assumed
and paid by the state bank commissioner.

      New Sec.  7. On the effective date of this act, officers and employees who, immediately
prior to such date, were engaged in the performance of powers, duties or functions involved
in the administration of any law administered by the consumer credit commissioner, and
who, in the opinion of the state bank commissioner, are necessary to perform the powers,
duties and functions involved in the administration of any law administered by the consumer
credit commissioner, shall be transferred to, and shall become officers and employees of
the bank commissioner. Any such officer or employee shall retain all retirement benefits
and all rights of civil service which had accrued to or vested in such officer or employee
prior to the effective date of this act. The service of each such officer and employee so
transferred shall be deemed to have been continuous.

      Sec.  8. K.S.A. 1998 Supp. 16a-1-301, as amended by section 8 of 1999 Substitute for
Senate Bill No. 301, is hereby amended to read as follows: 16a-1-301. In addition to defi-
nitions appearing in subsequent articles, in K.S.A. 16a-1-101 through 16a-9-102, and amend-
ments thereto:

      (1) ``Actuarial method'' means the method of allocating payments made on a debt be-
tween the principal and the finance charge pursuant to which a payment is applied, assuming
no delinquency charges or other additional charges are then due, first to the accumulated
finance charge and then to the unpaid principal balance. When a finance charge is calculated
in accordance with the actuarial method, the contract rate is applied to the unpaid principal
balance for the number of days the principal balance is unpaid. At the end of each com-
putational period, or fractional computational period, the unpaid principal balance is in-
creased by the amount of the finance charge earned during that period and is decreased by
the total payment, if any, made during the period after the deduction of any delinquency
charges or other additional charges due during the period.

      (2) ``Administrator'' means the consumer credit deputy commissioner of the consumer
and mortgage lending division appointed by the bank commissioner pursuant to K.S.A. 16-
403 75-3135, and amendments thereto.

      (3) ``Agreement'' means the bargain of the parties in fact as found in their language or
by implication from other circumstances including course of dealing or usage of trade or
course of performance.

      (4) ``Amount financed'' means the net amount of credit provided to the consumer or
on the consumer's behalf. The amount financed shall be calculated as provided in rules and
regulations adopted by the administrator pursuant to K.S.A. 16a-6-117, and amendments
thereto.

      (5) ``Annual percentage rate'' means the finance charge expressed as a yearly rate, as
calculated in accordance with the actuarial method. The annual percentage rate shall be
calculated as provided in rules and regulations adopted by the administrator pursuant to
K.S.A. 16a-6-117, and amendments thereto.

      (6) ``Appraised value'' means, with respect to any real estate at any time, the greater of:

      (a) The total appraised value of the real estate, as reflected in the most recent records
of the tax assessor of the county in which the real estate is located; or

      (b) the fair market value of the real estate, as reflected in a written appraisal of the real
estate performed by a Kansas licensed or certified appraiser within the past 12 months.

      (7) ``Billing cycle'' means the time interval between periodic billing statement dates.

      (8) ``Cash price'' of goods, services, or an interest in land means the price at which they
are offered for sale by the seller to cash buyers in the ordinary course of business and may
include (a) the cash price of accessories or services related to the sale, such as delivery,
installation, alterations, modifications, and improvements, and (b) taxes to the extent im-
posed on a cash sale of the goods, services, or interest in land. The cash price stated by the
seller to the buyer in a disclosure statement is presumed to be the cash price.

      (9) ``Closed end credit'' means a consumer loan or a consumer credit sale which is not
incurred pursuant to open end credit.

      (10) ``Closing costs'' with respect to a debt secured by an interest in land includes:

      (a) The actual fees paid a public official or agency of the state or federal government,
for filing, recording or releasing any instrument relating to the debt; and

      (b) bona fide and reasonable expenses incurred by the lender in connection with the
making, closing, disbursing, extending, readjusting or renewing the debt which are payable
to third parties not related to the lender, except that reasonable fees for an appraisal made
by the lender or related party are permissible.

      (11) ``Code mortgage rate'' means the greater of:

      (a) 12%; or

      (b) the sum of:

      (i) The yield on 30-year fixed rate conventional home mortgage loans committed for
delivery within 31 to 90 days accepted under the federal home loan mortgage corporation's
or any successor's daily offerings for sale on the last day on which commitments for such
mortgages were received in the previous month; and

      (ii) 5%.

      If the reference rate referred to in subparagraph (i) of paragraph (b) is discontinued,
becomes impractical to use, or is otherwise not readily ascertainable for any reason, the
administrator may designate a comparable replacement reference rate and, upon publishing
notice of the same, such replacement reference rate shall become the reference rate referred
to in subparagraph (i) of paragraph (b). The secretary of state shall publish notice of the
code mortgage rate not later than the second issue of the Kansas register published each
month.

      (12) ``Conspicuous'' means a term or clause is conspicuous when it is so written that a
reasonable person against whom it is to operate ought to have noticed it. Whether a term
or clause is conspicuous or not is for decision by the trier of fact.

      (13) ``Consumer'' means the buyer, lessee, or debtor to whom credit is granted in a
consumer credit transaction.

      (14) ``Consumer credit sale'':

      (a) Except as provided in paragraph (b), a ``consumer credit sale'' is a sale of goods,
services, or an interest in land in which:

      (i) Credit is granted either by a seller who regularly engages as a seller in credit trans-
actions of the same kind or pursuant to a credit card other than a lender credit card,

      (ii) the buyer is a person other than an organization,

      (iii) the goods, services, or interest in land are purchased primarily for a personal, family
or household purpose,

      (iv) either the debt is by written agreement payable in more than four installments or
a finance charge is made, and

      (v) with respect to a sale of goods or services, the amount financed does not exceed
$25,000.

      (b) A ``consumer credit sale'' does not include:

      (i) A sale in which the seller allows the buyer to purchase goods or services pursuant to
a lender credit card; or

      (ii) a sale of an interest in land, unless the parties agree in writing to make the transaction
subject to the uniform consumer credit code.

      (15) ``Consumer credit transaction'' means a consumer credit sale, consumer lease, or
consumer loan or a modification thereof including a refinancing, consolidation, or deferral.

      (16) ``Consumer lease'' means a lease of goods:

      (a) Which a lessor regularly engaged in the business of leasing makes to a person, other
than an organization, who takes under the lease primarily for a personal, family or household
purpose;

      (b) in which the amount payable under the lease does not exceed $25,000;

      (c) which is for a term exceeding four months; and

      (d) which is not made pursuant to a lender credit card.

      (17) ``Consumer loan'':

      (a) Except as provided in paragraph (b), a ``consumer loan'' is a loan made by a person
regularly engaged in the business of making loans in which:

      (i) The debtor is a person other than an organization;

      (ii) the debt is incurred primarily for a personal, family or household purpose;

      (iii) either the debt is payable by written agreement in more than four installments or
a finance charge is made; and

      (iv) either the amount financed does not exceed $25,000 or the debt is secured by an
interest in land.

      (b) Unless the loan is made subject to the uniform consumer credit code by written
agreement, a ``consumer loan'' does not include:

      (i) A loan secured by a first mortgage unless:

      (A) The loan-to-value ratio of the loan at the time when made exceeds 100%; or

      (B) in the case of subsection (1) of section 3 and amendments thereto, the annual
percentage rate of the loan exceeds the code mortgage rate; or

      (ii) a loan made by a qualified plan, as defined in section 401 of the internal revenue
code, to an individual participant in such plan or to a member of the family of such individual
participant.

      (18) ``Credit'' means the right granted by a creditor to a debtor to defer payment of
debt or to incur debt and defer its payment.

      (19) ``Credit card'' means any card, plate or other single credit device that may be used
from time to time to obtain credit. Since this involves the possibility of repeated use of a
single device, checks and similar instruments that can be used only once to obtain a single
credit extension are not credit cards.

      (20) ``Creditor'' means a person who regularly extends credit in a consumer credit trans-
action which is payable by a written agreement in more than four installments or for which
the payment of a finance charge is or may be required and is the person to whom the debt
arising from the consumer credit transaction is initially payable on the face of the evidence
of indebtedness or, if there is no such evidence of indebtedness, by written agreement. In
the case of credit extended pursuant to a credit card, the creditor is the card issuer and not
another person honoring the credit card.

      (21) ``Earnings'' means compensation paid or payable to an individual or for such in-
dividual's account for personal services rendered or to be rendered by such individual,
whether denominated as wages, salary, commission, bonus, or otherwise, and includes pe-
riodic payments pursuant to a pension, retirement, or disability program.

      (22) ``Finance charge'' means all charges payable directly or indirectly by the consumer
and imposed directly or indirectly by the creditor as an incident to or as a condition of the
extension of credit. The finance charge shall be calculated as provided in rules and regula-
tions adopted by the administrator pursuant to K.S.A. 16a-6-117, and amendments thereto.

      (23) ``First mortgage'' means a first priority mortgage lien or similar real property se-
curity interest.

      (24) ``Goods'' includes goods not in existence at the time the transaction is entered into
and merchandise certificates, but excludes money, chattel paper, documents of title, and
instruments.

      (25) Except as otherwise provided, ``lender'' includes an assignee of the lender's right
to payment but use of the term does not in itself impose on an assignee any obligation of
the lender with respect to events occurring before the assignment.

      (26) ``Lender credit card'' means a credit card issued by a supervised lender.

      (27) ``Loan``:

      (a) Except as provided in paragraph (b), a ``loan'' includes:

      (i) The creation of debt by the lender's payment of or agreement to pay money to the
debtor or to a third party for the account of the debtor;

      (ii) the creation of debt either pursuant to a lender credit card or by a cash advance to
a debtor pursuant to a credit card other than a lender credit card;

      (iii) the creation of debt by a credit to an account with the lender upon which the debtor
is entitled to draw immediately; and

      (iv) the forbearance of debt arising from a loan.

      (b) A ``loan'' does not include the payment or agreement to pay money to a third party
for the account of a debtor if the debt of the debtor arises from a sale or lease and results
from use of either a credit card issued by a person primarily in the business of selling or
leasing goods or services or any other credit card which may be used for the purchase of
goods or services and which is not a lender credit card.

      (28) ``Loan-to-value ratio'', at any time for any loan secured by an interest in real estate,
means a fraction expressed as a percentage:

      (a) The numerator of which is the aggregate unpaid principal balance of all loans secured
by a first mortgage or a second mortgage encumbering the real estate at such time; and

      (b) the denominator of which is the appraised value of the real estate.

      (29) ``Merchandise certificate'' means a writing issued by a seller not redeemable in cash
and usable in its face amount in lieu of cash in exchange for goods or services.

      (30) ``Official fees'' means:

      (a) Fees and charges prescribed by law which actually are or will be paid to public
officials for determining the existence of or for perfecting, releasing, or satisfying a security
interest related to a consumer credit sale, consumer lease, or consumer loan; or

      (b) premiums payable for insurance in lieu of perfecting a security interest otherwise
required by the creditor in connection with the sale, lease, or loan, if the premium does not
exceed the fees and charges described in paragraph (a) which would otherwise be payable.

      (31) ``Open end credit'' means an arrangement pursuant to which:

      (a) A creditor may permit a consumer, from time to time, to purchase goods or services
on credit from the creditor or pursuant to a credit card, or to obtain loans from the creditor
or pursuant to a credit card;

      (b) the unpaid balance of amounts financed and the finance and other appropriate
charges are debited to an account;

      (c) the finance charge, if made, is computed on the outstanding unpaid balances of the
consumer's account from time to time; and

      (d) the consumer has the privilege of paying the balances in installments.

      (32) ``Organization'' means a corporation, limited liability company, government or gov-
ernmental subdivision or agency, trust, estate, partnership, cooperative, or association.

      (33) ``Person'' includes a natural person or an individual, and an organization.

      (34)  (a) ``Person related to'' with respect to an individual means (i) the spouse of the
individual, (ii) a brother, brother-in-law, sister, sister-in-law of the individual, (iii) an ancestor
or lineal descendant of the individual or the individual's spouse, and (iv) any other relative,
by blood, adoption or marriage, of the individual or such individual's spouse who shares the
same home with the individual.

      (b) ``Person related to'' with respect to an organization means (i) a person directly or
indirectly controlling, controlled by or under common control with the organization, (ii) an
officer or director of the organization or a person performing similar functions with respect
to the organization or to a person related to the organization, (iii) the spouse of a person
related to the organization, and (iv) a relative by blood, adoption or marriage of a person
related to the organization who shares the same home with such person.

      (35) ``Prepaid finance charge'' means any finance charge paid separately in cash or by
check before or at consummation of a transaction, or withheld from the proceeds of the
credit at any time. Prepaid finance charges shall be calculated as provided in rules and
regulations adopted by the administrator pursuant to K.S.A. 16a-6-117, and amendments
thereto.

      (36) ``Presumed'' or ``presumption'' means that the trier of fact must find the existence
of the fact presumed unless and until evidence is introduced which would support a finding
of its nonexistence.

      (37) ``Principal'' means the total of the amount financed and the prepaid finance charges,
except that prepaid finance charges are not added to the amount financed to the extent such
prepaid finance charges are paid separately in cash or by check by the consumer. The
administrator may adopt rules and regulations regarding the determination or calculation
of the principal or the principal balance pursuant to K.S.A. 16a-6-117, and amendments
thereto.

      (38) ``Sale of goods'' includes any agreement in the form of a bailment or lease of goods
if the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent
to or in excess of the aggregate value of the goods involved and it is agreed that the bailee
or lessee will become, or for no other or a nominal consideration has the option to become,
the owner of the goods upon full compliance with such bailee's or lessee's obligations under
the agreements.

      (39) ``Sale of an interest in land'' includes a lease in which the lessee has an option to
purchase the interest and all or a substantial part of the rental or other payments previously
made by the lessee are applied to the purchase price.

      (40) ``Sale of services'' means furnishing or agreeing to furnish services and includes
making arrangements to have services furnished by another.

      (41) ``Second mortgage'' means a second or other subordinate priority mortgage lien or
similar real property security interest.

      (42) ``Seller'': Except as otherwise provided, ``seller'' includes an assignee of the seller's
right to payment but use of the term does not in itself impose on an assignee any obligation
of the seller with respect to events occurring before the assignment.

      (43) ``Services'' includes (a) work, labor, and other personal services, (b) privileges with
respect to transportation, hotel and restaurant accommodations, education, entertainment,
recreation, physical culture, hospital accommodations, funerals, cemetery accommodations,
and the like, and (c) insurance.

      (44) ``Supervised financial organization'' means a person, other than an insurance com-
pany or other organization primarily engaged in an insurance business:

      (a) Organized, chartered, or holding an authorization certificate under the laws of any
state or of the United States which authorize the person to make loans and to receive
deposits, including a savings, share, certificate or deposit account; and

      (b) subject to supervision by an official or agency of such state or of the United States.

      (45) ``Supervised lender'' means a person authorized to make or take assignments of
supervised loans, either under a license issued by the administrator (K.S.A. 16a-2-301 and
amendments thereto) or as a supervised financial organization (subsection (44) of K.S.A.
16a-1-301 and amendments thereto).

      (46) ``Supervised loan'' means a consumer loan, including a loan made pursuant to open
end credit, with respect to which the annual percentage rate exceeds 12%.

      (47) ``Written agreement'' means an agreement such as a promissory note, contract or
lease that is evidence of or relates to the indebtedness. A letter that merely confirms an oral
agreement does not constitute a written agreement for purposes of this subsection unless
signed by the person against whom enforcement is sought.

      (48) ``Written administrative interpretation'' means any written communication from
the consumer credit commissioner which is the official interpretation as so stated in said
written communication by the consumer credit commissioner of the Kansas uniform con-
sumer credit code and rules and regulations pertaining thereto.

      Sec.  9. K.S.A. 16a-2-302, as amended by section 12 of 1999 Substitute for Senate Bill
No. 301, is hereby amended to read as follows: 16a-2-302. (1)  (a) The administrator shall
receive and act on all applications for licenses to make supervised loans under this act.
Applications shall be filed in the manner prescribed by the administrator and shall contain
the information the administrator may require by rule and regulation to make an evaluation
of the financial responsibility, character and fitness of the applicant.

      (b) Submitted with each application shall be an application fee. Application and license
fees shall be in such amounts as are established pursuant to subsection (5) of K.S.A. 16a-6-
104, and amendments thereto. The license year shall be the calendar year. Each license
shall remain in force until surrendered, suspended or revoked.

      (c) The administrator shall remit all moneys received under K.S.A. 16a-1-101 to 16a-6-
414, inclusive, and amendments thereto, to the state treasurer at least monthly. Upon receipt
of any such remittance the state treasurer shall deposit the entire amount thereof in the
state treasury. Of each deposit 20% shall be credited to the state general fund and the
balance shall be credited to the consumer credit bank commissioner fee fund. All expend-
itures from such fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers approved by the ad-
ministrator or by a person or persons designated by the administrator.

      The 20% credit to the state general fund required by this subsection (c) is to reimburse
the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and
purchasing services, and any and all other state governmental services, which are performed
on behalf of the administrator by other state agencies which receive appropriations from
the state general fund to provide such services. Nothing in this subsection (c) shall be
deemed to authorize remittances to be made less frequently than is authorized under K.S.A.
75-4215, and amendments thereto.

      (d) Every licensee shall, on or before the first day of January, pay to the administrator
the license fee prescribed under this subsection (1) for each license held for the succeeding
license year. Failure to pay the license fee within the time prescribed shall automatically
revoke the license.

      (2) No license shall be issued unless the administrator, upon investigation, finds that
the financial responsibility, character and fitness of the applicant, and of the members
thereof if the applicant is a copartnership or association and of the officers and directors
thereof, if the applicant is a corporation, are such as to warrant belief that the business will
be operated honestly and fairly within the purposes of this act. An applicant meets the
minimum standard of financial responsibility for engaging in the business of making super-
vised loans, under subsection (1) of K.S.A. 16a-2-301, and amendments thereto, only if the
applicant has filed with the administrator a proper surety bond of at least $100,000 which
has been approved by the administrator. The required surety bond may not be canceled by
the licensee without providing the administrator at least 30 days' prior written notice and
must provide within its terms that the bond shall not expire for two years after the date of
the surrender, revocation or expiration of the subject license, whichever shall first occur.

      (3) The administrator may deny any application or renewal for a supervised loan license
if the administrator finds:

      (a) There is a refusal to furnish information required by the administrator within a
reasonable time as fixed by the administrator; or

      (b) any of the factors stated in K.S.A. 16a-2-303, and amendments thereto, as grounds
for denial, revocation or suspension of a license.

      (4) Upon written request the applicant is entitled to a hearing on the question of license
qualifications if: (a) The administrator has notified the applicant in writing that the appli-
cation has been denied; or (b) the administrator has not issued a license within 60 days after
the application for the license was filed. A request for a hearing may not be made more
than 15 days after the administrator has mailed a writing to the applicant notifying the
applicant that the application has been denied and stating in substance the administrator's
findings supporting denial of the application.

      (5) The administrator shall adopt rules and regulations regarding whether a licensee
shall be required to obtain a single license for each place of business or whether a licensee
may obtain a master license for all of its places of business, and in so doing the administrator
may differentiate between licensees located in this state and licensees located elsewhere.
Each license shall remain in full force and effect until surrendered, suspended or revoked.

      (6) No licensee shall change the location of any place of business without giving the
administrator at least 15 days prior written notice.

      (7) A licensee may conduct the business of making supervised loans only at or from any
place of business for which the licensee holds a license and not under any other name than
that in the license. Loans made pursuant to a lender credit card do not violate this subsection.

      Sec.  10. K.S.A. 75-1308 is hereby amended to read as follows: 75-1308. The commis-
sioner shall keep a record of all fees collected by him or her the commissioner, together
with a record of all expenses incurred in making the examinations of all banks and trust
companies. The the administration of programs for the regulation of banks and trust com-
panies and in the administration of programs for the regulation of consumer and mortgage
lending. The bank commissioner shall remit all moneys received by or for him or her the
commissioner from such fees to the state treasurer at least monthly. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount thereof in the state
treasury. Twenty percent (20%) of each such deposit shall be credited to the state general
fund and the balance shall be credited to the bank commissioner fee fund. All expenditures
from the bank commissioner fee fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to vouchers approved
by the bank commissioner or by a person or persons designated by him or her the
commissioner.

      Sec.  11. K.S.A. 75-3135 is hereby amended to read as follows: 75-3135. The bank com-
missioner shall receive an annual salary to be fixed by the governor with the approval of the
state finance council. The bank commissioner is hereby authorized to appoint a two deputy
commissioner commissioners who shall be in the unclassified service under the Kansas civil
service act and shall receive an annual salary fixed by the bank commissioner. The deputy
commissioner of the banking division shall supervise all banks and trust companies as di-
rected by the commissioner and shall perform such other duties as may be required by the
commissioner. The deputy commissioner of the consumer and mortgage lending division
shall supervise all consumer and mortgage lending functions as directed by the commissioner
and shall perform such other duties as may be required by the commissioner. If the office
of the commissioner is vacant or if the commissioner is absent or unable to act, the deputy
commissioner of the banking division shall be the acting commissioner. The deputy com-
missioner of the banking division shall have at least five years' experience as a state bank
officer or five years' experience as a state or federal deposit insurance corporation bank
examiner regulator. The deputy commissioner of consumer and mortgage lending shall have
at least five years' experience in consumer or mortgage lending, regulatory, legal or related
experience. The bank commissioner is also authorized to appoint or contract for, in accord-
ance with the civil service law, such special assistants and other employees as are necessary
to properly discharge the duties of the office.
 
Sec.  12. K.S.A. 16-403, 16-601, 16-601a, 16-601b, 16-601c, 16-601d, 16-601e, 16-601f,
16-601g, 16-601h, 16-601i, 16-601j, 16-601k, 16-601l, 16-601m, 16-601n, 16-601o, 16-601q,
16-601r, 16-601s, 16-602, 16-603, 16-604, 16-605, 16-606, 16-607, 16-608, 16-609, 16-610,
16-611, 16-612, 16-613, 16-614, 16-616, 16-618, 16-619, 16-620, 16-621, 16-622, 16-623,
16-624, 16-625, 16-626, 16-627, 16-628, 16-629, 16-630, 16-631, 16-632, 16-633, 16-634,
16-635, 16-636, 16-637, 16-638, 16-639, 16-640, 16a-2-302, as amended by section 12 of
1999 Substitute for Senate Bill No. 301, 75-1304, 75-1308 and 75-3135 and K.S.A. 1998
Supp. 16a-1-301, as amended by section 8 of 1999 Substitute for Senate Bill No. 301, are
hereby repealed.

 Sec.  13. This act shall take effect and be in force from and after its publication in the
statute book.``;

      In the title, in line 15, by striking all after the semicolon and inserting ``transferring the
duties of the consumer credit commissioner to the state bank commissioner; abolishing the
office of the consumer credit commissioner; amending K.S.A. 16a-2-302, as amended by
section 12 of 1999 Substitute for Senate Bill No. 301, 75-1304, 75-1308 and 75-3135 and
K.S.A. 1998 Supp. 16a-1-301, as amended by section 8 of 1999 Substitute for Senate Bill
No. 301, and repealing the existing sections; also repealing K.S.A. 16-403, 16-601, 16-601a,
16-601b, 16-601c, 16-601d, 16-601e, 16-601f, 16-601g, 16-601h, 16-601i, 16-601j, 16-601k,
16-601l, 16-601m, 16-601n, 16-601o, 16-601q, 16-601r, 16-601s, 16-602, 16-603, 16-604,
16-605, 16-606, 16-607, 16-608, 16-609, 16-610, 16-611, 16-612, 16-613, 16-614, 16-616,
16-618, 16-619, 16-620, 16-621, 16-622, 16-623, 16-624, 16-625, 16-626, 16-627, 16-628,
16-629, 16-630, 16-631, 16-632, 16-633, 16-634, 16-635, 16-636, 16-637, 16-638, 16-639
and 16-640.``;

And your committee on conference recommends the adoption of this report.
Ray L. Cox

Joe Humerickhouse

Tom Burroughs
Don Steffes

Sandy Praeger

Paul Feleciano, Jr.
 On motion of Rep. Cox, the conference committee report on SB 240 was adopted.

 On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 1; Absent or not
voting: 1.

 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,
Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, 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, 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, Show-
alter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk.

 Nays: Freeborn, McKechnie.

 Present but not voting: Hermes.

 Absent or not voting: Sharp.

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 171, 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 4, in line 30, by striking ``and''; in line 31, after ``Topeka'', by inserting ``, Charter
Wichita Behavior Health System, L.L.C. and Salvation Army/Koch Center Youth Services'';
in line 38, by striking ``$3,787'' and inserting ``$3,770''; in line 39, by striking ``, $3,837'' and
inserting ``and $3,820''; also in line 39, by striking ``, and $3,887 in''; in line 40, by striking
all before ``and'';

      On page 7, in line 30, by striking ``and''; also in line 30, after ``Topeka'', by inserting ``,
Charter Wichita Behavior Health System, L.L.C. and Salvation Army/Koch Center Youth
Services'';

      On page 10, in line 12, by striking ``and''; in line 13, after ``Topeka'', by inserting ``, Charter
Wichita Behavior Health System, L.L.C. and Salvation Army/Koch Center Youth Services'';

      On page 13, by striking all of lines 19 through 39;

      By renumbering sections 18 through 20 as sections 17 through 19, respectively;

      In the title, in line 23, by striking all after the semicolon; by striking all of line 24; in line
25, by striking all before ``amending'';

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

Cindy Empson

Richard R. Reinhardt
Barbara Lawrence

Audrey Langworthy

Christine Downey
 On motion of Rep. Tanner, the conference committee report on SB 171 was adopted.

 On roll call, the vote was: Yeas 120; Nays 4; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Empson, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gate-
wood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jen-
kins, 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'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Show-
alter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk.

 Nays: Aurand, Ballou, Edmonds, O'Connor.

 Present but not voting: None.

 Absent or not voting: Sharp.

REPORTS OF STANDING COMMITTEES
      The Committee on Insurance recommends Substitute for SB 80 be amended on page
2, in line 41 by striking ``180'' and inserting ``90'';

      On page 4 in line 3 by striking all after the period; by striking all of lines 4 through 13;
in line 14 by striking all before the period and inserting; ``The standard of review shall be
whether the health care service denied by the insurer or health insurance plan was medically
necessary under the terms of the insured's contract. In reviews regarding experimental or
investigational treatment, the standard of review shall be whether the health care service
denied by the insurer or health insurance plan was covered or excluded from coverage under
the terms of the insured's contract'';

      Also on page 4, in line 27 by striking all after ``(a)''; by striking lines 28 through 32; in
line 33 by striking all before the period and inserting ``The decision of the external review
organization may be reviewed directly by the district court at the request of either the
insured, insurer or health insurance plan. The review by the district court shall be de novo.
The decision of the external review organization shall not preclude the insured, insurer or
health insurance plan from exercising other available remedies applicable under state or
federal law. Seeking a review by the district court or any other available remedies exercised
by the insured, insurer or health insurance plan after the decision of the external review
organization will not stay the external review organization's decision as to the payment or
provision of services to be rendered during the pendency of the review by the insurer or
health insurance plan. All material used in an external review and the decision of the external
review organization as a result of the external review shall be deemed admissible in any
subsequent litigation'' and the substitute bill be passed as amended.

CHANGE OF CONFEREES
 Speaker pro tem Mays announced the appointment of Rep. Ruff as a member of the
conference committee on SB 324 to replace Rep. Sharp.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 Speaker pro tem Mays announced the following bills, appearing on the Calendar as ``To
Be Referred,'' were referred to committees as indicated:

 Appropriations: HCR 5044; SB 359. 

REPORT ON ENROLLED BILLS
 HB 2427 reported correctly enrolled, properly signed and presented to the governor on
April 30, 1999.

   On motion of Rep. Glasscock, the House adjourned until 10:00 a.m., Saturday, May 1,
1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.