This being the day fixed by the Constitution of the State of Kansas for the assembling of
the 2000 general session of the legislature, the House was called to order at 2:00 p.m. by
Speaker Robin Jennison.
The roll was called with 121 members present.
Reps. Helgerson and E. Peterson were excused on verified illness.
Reps. Ruff and Wagle were excused on excused absence by the Speaker.
Rep. Wagle was present later.
Speaker Jennison announced that the Rev. Canon Helen Svoboda, Grace Episcopal Ca-
thedral, Topeka, will serve as Chaplain of the House for the 2000 session.
Prayer by Chaplain Svoboda:
Holy God
As we begin this legislative session for the year 2000
Open our eyes to the beauty that surrounds us in this place
so that we may remember all the gifts of this life.
Open our ears to our constituents
so that we may hear and respond to their needs.
Open our minds to our colleagues
so that we may work together without prejudging their comments.
And open our hearts to Your ways
So that the laws that we make will reflect your will for this great state. Amen.
The Pledge of Allegiance was led by Rep. Geringer.
COMMUNICATIONS FROM STATE OFFICERS To all to whom these presents shall come, Greetings:
I, Ron Thornburgh, Secretary of State of the State of Kansas, do hereby certify that
Judith L. Morrison, Shawnee, Kansas, was appointed by the Governor on August 24, 1999,
for the unexpired term State Representative for the 23rd Legislative District, to fill the
vacancy created by the resignation of Cliff Franklin and that the oath of office has been
administered to Judith L. Morrison and was filed in my office on the tenth day of September,
1999.
In Testimony Whereof, I hereto set my hand and cause to be affixed my official seal.
Done at the city of Topeka, this 2nd day of December, A.D. 1999.
Ron Thornburgh
Secretary of State
OATH OF OFFICE
Rep. Ray Merrick came forward and took and subscribed to the following oath of office,
which was administered to him by Chief Justice Kay McFarland.
State of Kansas, County of Shawnee, ss:
I do solemnly swear that I will support the Constitution of the United States and the
Constitution of the State of Kansas, and faithfully discharge the duties of the office of
representative of the House of Representatives. So help me God.
Subscribed and sworn to before me this 10th day of January, 2000.
Kay McFarland
Chief Justice of the Supreme Court
COMMUNICATIONS FROM STATE OFFICERS To all to whom these presents shall come, Greetings:
I, Ron Thornburgh, Secretary of State of the State of Kansas, do hereby certify that
Ray Merrick, Stillwell, Kansas, was appointed by the Governor on January 10, 2000, for the
unexpired term, State Representative for the 27th Legislative District, to fill the vacancy
created by the resignation of Phyllis Gilmore and that the oath of office has been admin-
istered to Ray Merrick and was filed in my office on the tenth day of January, 2000.
In Testimony Whereof, I hereto set my hand and cause to be affixed my official seal.
Done at the city of Topeka , this 10th day of January, A.D. 2000.
Ron Thornburgh
Secretary of State
Reps. Merrick and Judy Morrison were presented to the members of the House by
Speaker Jennison and welcomed with an ovation.
COMMUNICATIONS FROM STATE OFFICERS
January 10, 2000
The Honorable Robin Jennison
Speaker of the House of Representatives
Dear Mr. Speaker:
This letter is to advise you that the Office of Chief Clerk has received the following
communications during the interim since adjournment of the 1999 Regular Session of the
Legislature:
From Shirley A. Moses, Division of Accounts and Reports, Monthly Financial Perspective,
April, May, June, July, August, September, October, November, 1999.
Senate Joint Resolution 7, Maryland Senate, and House Joint Resolution 8, Maryland
House of Representatives, requesting that the United States Congress amend the Employ-
ment Retirement Income Security Act of 1974 (ERISA) to authorize each state to monitor
and to regulate self-funded employer-based health plans in the interest of providing greater
consumer protection and effecting significant health care reforms at the state level through
the offices of the various insurance commissioners and states attorneys general.
From the Kansas Geological Survey, the January 1999 Kansas Water Levels and Data
Related to Water-level Changes.
In accordance with K.S.A. 44-566a, Workers Compensation Fund Annual Report for
Fiscal Year 1999.
In accordance with K.S.A. 72-4415, the Kansas Vocational Education Accountability Re-
port for Fiscal Year 1997 Enrollment and Fiscal Year 1998 Placement.
In accordance with K.S.A. 72-4451, the Kansas-Training Information Program (K-TIP)
Report for Fiscal Year 1997.
From the State of Kansas Human Rights Commission, the Annual Report for Fiscal Year
1999.
From the Pooled Money Investment Board, the Annual Report for Fiscal Year 1999.
From the Kansas Health Institute, a report entitled The Organization of Public Health
and Environmental Functions in Kansas, October 1999.
From the Kansas Performance Review Board, the Initial Report on Privatization, Elim-
ination, Retention, or Modification (PERM) for July 1, 1997 through June 30, 1999.
From the Department of Human Resources, the Employment Security Advisory Council
Annual Report 1999.
From the University of Kansas Hospital Authority Board, its First Annual Report, 1999.
From Shirley A. Moses, the State of Kansas Annual Financial Report for the fiscal year
ended June 30, 1999.
From the University of Kansas Hospital Authority, the Nine-Month Report of Independ-
ent Auditors for the period ended June 30, 1999.
From the Kansas Public Employees Retirement System, the Annual Report for the fiscal
year ending June 30, 1999.
From the Kansas Commission on Disability Concerns, the Annual Report for fiscal year
1999.
From the Kansas Department on Aging, the Annual Report for fiscal year 1999 for the
Client Assessment, Referral and Evaluation Program.
From the Kansas Corporation Commission, in accordance with K.S.A. 66-2002(m), the
Telecommunications Report to the 2000 Kansas Legislature.
From Kansas, Inc., the 1999 Annual Survey of Kansas Manufacturers and Exporters.
From Dan Stanley, Secretary of Administration, in compliance with K.S.A. 75-6509, Kan-
sas Health Care Benefits Program Annual Report for 1999.
From the Office of Governor Bill Graves:
Executive Order No. 99-6, Designation of the Kansas Workforce Investment Partnership
as the State Workforce Investment Board
Executive Order No. 99-7, Offer of Reward
Executive Order No. 99-8, Offer of Reward
Executive Order No. 99-9, Concerning Grants and Fellowships of State Agencies
Executive Order No. 99-10, Offer of Reward
Executive Order No. 99-11, Concerning Special Holiday Pay
Executive Directive No. 99-280, Authorizing Certain Expenditures
Executive Directive No. 99-281, Authorizing a Personnel Transaction
Executive Directive No. 99-282, Authorizing Certain Personnel Transactions
Executive Directive No. 99-283, Authorizing Certain Personnel Transactions
Executive Directive No. 99-284, Authorizing Certain Personnel Transactions and
Authorizing Certain Expenditures
Executive Directive No. 99-285, Authorizing Certain Personnel Transactions
Executive Directive No. 99-286, Authorizing Certain Expenditures
Executive Directive No. 99-287, Authorizing Certain Expenditures
Executive Directive No. 99-288, Authorizing Certain Expenditures
Executive Directive No. 99-289, Authorizing Certain Expenditures
Executive Directive No. 99-290, Authorizing a Personnel Transaction
Executive Directive No. 99-291, Authorizing Certain Expenditures
Executive Directive No. 99-292, Authorizing a Personnel Transaction
Executive Directive No. 99-293, Authorizing a Personnel Transaction
Sincerely,
Janet E. Jones
Chief Clerk
Also, from Clyde D. Graeber, Secretary, Kansas Department of Health and Environment,
pursuant to K.S.A. 65-3424 et seq., Kansas Waste Tire Program, 1990 through 1999; and
Kansas Water Pollution control Revolving Loan Fund, Annual Report for Federal Fiscal
Year 1999; as required by K.S.A. 65-163k, Kansas Public Water Supply Loan Fund Annual
Report, December 30, 1999; Kansas Household Hazardous Waste Program, SFY - 1999;
Kansas Livestock Waste Management Program, 1999 Legislative Report.
From Albert Murray, Commission, Juvenile Justice Authority, 1999 Fiscal Year Annual
Report.
From Derl S. Treff, Director of Investments, Pooled Money Investment Board, in com-
pliance with K.S.A. 75-4222(h), Annual Report for Fiscal Year 1999.
From the Nonjudicial Salary Initiative, a Report to the Kansas Supreme Court on Non-
judicial Employee Compensation, August 13, 1999.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
On emergency motion of Rep. Glasscock, HR6001, by Reps. Jennison and Garner, as
follows, was introduced and adopted:
HOUSE RESOLUTION No. 6001--
A RESOLUTION relating to the organization of the House of Representatives.
Be it resolved by the House of Representatives of the State of Kansas: That the Chief
Clerk of the House of Representatives notify the Senate that the House is organized with
the following officers:
Robin Jennison, speaker,
Doug Mays, speaker pro tem,
Kent Glasscock, majority leader,
Jim Garner, minority leader,
Janet Jones, chief clerk,
Ted Fisher, sergeant at arms,and awaits the pleasure of the Senate.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
On emergency motion of Rep. Glasscock, HR 6002, by Reps. Jennison and Garner, as
follows, was introduced and adopted:
HOUSE RESOLUTION No. 6002--
A RESOLUTION relating to assignment of seats of the House of Representatives.
Be it resolved by the House of Representatives of the State of Kansas: That the members
of the 2000 regular session shall occupy the same seats assigned pursuant to 1999 House
Resolution No. 6002 with the following exceptions: Adkins, seat No. 1; Phill Kline, seat
No. 87; Merrick, seat No. 44; Judy Morrison, seat No. 102; Vining, seat No. 97; Wagle, seat
No. 79.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following prefiled bills and concurrent resolutions were introduced and read by title:
HB 2577, An act relating to income taxation; providing a check-off for the funding of
unified school district technology programs, by Representative Johnston.
HB 2578, An act concerning state officers and employees; relating to governmental
ethics; amending K.S.A. 46-215 and K.S.A. 1999 Supp. 46-237 and repealing the existing
sections, by Representative Johnston.
HB 2579, An act concerning state governmental ethics; relating to lobbyists and reports
filed thereby; amending K.S.A. 1999 Supp. 46-269 and repealing the existing section, by
Representative Johnston.
HB 2580, An act concerning consumer protection; relating to automated announcing
devices; amending K.S.A. 1999 Supp. 50-670 and repealing the existing section, by Repre-
sentative Johnston.
HB 2581, An act concerning abortion; repealing K.S.A. 1999 Supp. 65-6721, by Repre-
sentative Vining.
HB 2582, An act relating to school buses; concerning head lamps; amending K.S.A. 8-
1725 and K.S.A. 1999 Supp. 8-1730 and repealing the existing sections, by Representatives
Gatewood and Grant.
HB 2583, An act concerning children; relating to permanency hearings; amending K.S.A.
1999 Supp. 38-1502 and repealing the existing section; also repealing K.S.A. 1999 Supp. 38-
1587, by SRS Transition Oversight Committee.
HB 2584, An act concerning school districts; authorizing the collection of fees for main-
tenance of kindergarten for full school days; imposing certain limitations, by Representative
Cox.
HB 2585, An act concerning contracts involving state officers and employees; prohibiting
certain acts; amending K.S.A. 1999 Supp. 46-233 and repealing the existing section, by
Representative Neufeld.
HB 2586, An act relating to the dental practices act; concerning services for indigent
persons; amending K.S.A. 65-1466 1999 Supp. and repealing the existing section, by SRS
Transition Oversight Committee.
HB 2587, An act relating to sales taxation; exempting certain sales of hotel rental services;
amending K.S.A. 1999 Supp. 79-3603 and repealing the existing section, by Special Com-
mittee on Assessment and Taxation.
HB 2588, An act relating to income taxation; allowing net operating farm loss carrybacks;
amending K.S.A. 79-32,143 and repealing the existing section, by Special Committee on
Assessment and Taxation.
HB 2589, An act relating to income taxation; authorizing credits for property tax paid by
certain telecommunications companies, by Special Committee on Assessment and Taxation.
HB 2590, An act concerning the state scholarship program; affecting the amount of
awards made under the program; amending K.S.A. 72-6810, 72-6812, 72-6814 and 72-6815
and repealing the existing sections, by Legislative Educational Planning Committee.
HB 2591, An act establishing the state education technology network, by Special Com-
mittee on Education.
HB 2592, An act concerning the Kansas arts commission; relating to terms of members;
affecting officer nomenclature; amending K.S.A. 74-5202 and 74-5204 and repealing the
existing sections, by Joint Committee on the Arts and Cultural Resources..
HB 2593, An act concerning taxation; relating to sales taxation on materials for construc-
tion of grain storage facilities; amending K.S.A. 1999 Supp. 79-3606 and repealing the ex-
isting section, by Special Committee on Agriculture.
HB 2594, An act concerning civil procedure; relating to liens; filing time; amending
K.S.A. 60-1102 and 60-1103 and repealing the existing sections, by Special Committee on
Judiciary.
HB 2595, An act concerning crimes and punishment; relating to consolidation of field
services; amending K.S.A. 21-4727 and repealing the existing section, by Special Committee
on Judiciary.
HB 2596, An act concerning counterfeiting; relating to criminal penalties; concerning
civil forfeiture; amending K.S.A. 60-4104, 60-4105 and 60-4116 and repealing the existing
sections, by Representative Reinhardt.
HB 2597, An act concerning underground storage of natural gas; amending K.S.A. 55-
1201, 55-1204, 55-1205 and 55-1210 and repealing the existing sections, by Special Com-
mittee on Environment.
HB 2598, An act concerning the Kansas fire prevention code; relating to compliance
with certain building codes; amending K.S.A. 31-134a and repealing the existing section, by
Joint Committee on State Building Construction.
HB 2599, An act repealing K.S.A. 1999 Supp. 75-6801; concerning state officers and
employees; relating to reductions in positions for state agencies based on retirements, by
Legislative Post Audit Committee.
HB 2600, An act concerning jurors; relating to exclusions; amending K.S.A. 43-159 and
K.S.A. 1999 Supp. 43-158 and repealing the existing sections, by Special Committee on
Judiciary.
HB 2601, An act concerning courts; relating to court of appeals; amending K.S.A. 20-
3002, 20-3005 and 20-3006 and repealing the existing sections; also repealing K.S.A. 20-
3003, by Special Committee on Judiciary.
HB 2602, An act concerning employment; ensuring that employees of government con-
tractors are paid a living wage; amending K.S.A. 75-37,103 and K.S.A. 1999 Supp. 75-3739
and repealing the existing section, by Representatives Swenson and Barnes.
HB 2603, An act concerning energy conservation; relating to improvements to state and
municipal facilities; authorizing the financing of such improvements, by Joint Committee
on State Building Construction.
HB 2604, An act concerning alcoholic and cereal malt beverages; requiring certain li-
censees to maintain records of purchasers of certain containers of beer or cereal malt bev-
erage, by Representative Stone.
HB 2605, An act creating the Kansas department of history and preservation; transferring
powers, duties and functions from the state historical society to the department; amending
K.S.A. 12-17,104, 22a-232, 45-106, 45-116, 45-404, 45-405, 45-406, 58-2009, 58-2010, 58-
4012, 64-106, 74-5402, 74-5406, 74-5408, 74-6614, 75-104, 75-1023, 75-2250, 75-2251, 75-
2266, 75-2566, 75-2701, 75-2702, 75-2703, 75-2704, 75-2705, 75-2713, 75-2714, 75-2717,
75-2718, 75-2719a, 75-2721, 75-2722, 75-2723, 75-2725, 75-2726, 75-2728, 75-2729, 75-
2743, 75-2744, 75-2748, 75-2749, 75-2753, 75-3048, 75-3148, 75-3502, 75-3509, 76-2002d,
76-2005a, 76-2005b, 76-2007, 76-2007a, 76-2007f, 76-2011, 76-2012, 76-2015, 76-2016, 76-
2017a, 76-2018, 76-2019, 76-2022, 76-2024, 76-2027, 76-2028, 76-2031, 76-2033, 76-2035,
76-2039, 76-2043, 76-2047, 76-2048, 76-2050, 76-2051, 76-2054, 76-2056, 77-138, 77-430
and 82a-326 and K.S.A. 1999 Supp. 12-120, 38-1506, 38-1607, 41-719, 45-412, 58-2011,
73-209, 74-9001, 74-9201 and 75-2935 and repealing the existing sections; also repealing
K.S.A. 1999 Supp. 41-719a, by Special Committee on Structure and Organization of the
State Historical Society.
HB 2606, An act concerning compensation of members of the legislature; providing for
such compensation to be determined; prescribing certain procedures; amending K.S.A. 74-
4995, 75-3212 and 75-3223 and K.S.A. 1999 Supp. 46-137a, 46-137b and 46-3101 and
repealing the existing sections, by Legislative Compensation Commission Advisory
Committee.
HOUSE CONCURRENT RESOLUTION No. 5046--
By Special Committee on Agriculture
A CONCURRENT RESOLUTION encouraging Congress to pass an
18-month moratorium on agriculture business mergers.
WHEREAS, Concentration of segments of the beef and pork industries is occurring; and
WHEREAS, Such concentration must not result in lower commodity prices for Kansas
farmers and ranchers and higher food prices for American consumers; and
WHEREAS, Pending mergers of grain companies could result in disproportionate con-
trol of the grain market; and
WHEREAS, Renewed investigative efforts, including enforcement of the antitrust laws,
must be generated by the justice department and the packers and stockyards division of the
United States department of agriculture to ensure the competitive market structure: NOW,
THEREFORE,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That Congress pass an 18-month moratorium on agriculture business mergers in
order to facilitate discussion of antitrust issues; and
Be it further resolved: That the justice department and the packers and stockyard di-
vision of the United States department of agriculture enforce the antitrust laws in the live-
stock and grain industry; and
Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the President of the United States, the Vice-President of the United
States, Majority Leader and Minority Leader of the United States Senate, the Speaker,
Majority Leader and Minority Leader of the United States House of Representatives, the
Secretary of the United States Department of Agriculture, the Attorney General of the
United States and to each member of the Kansas Congressional Delegation.
HOUSE CONCURRENT RESOLUTION No. 5047--
By Representative Helgerson
A PROPOSITION to amend section 5 of article 2 of the constitution of the state of Kansas,
relating to qualifications and eligibility of members of the legislature.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the mem- bers elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
5 of article 2 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 5. Eligibility and disqualification of members. No member of congress and no
civil officer or employee of the United States or of any department, agency, or instru-
mentality thereof shall be eligible to be a member of the legislature. No member of the state legislature shall be eligible for or hold any office, membership or employment in the judicial or executive branches of state government or any instrumentality thereof.
Any member of the legislature who accepts any appointment or election contrary to the
foregoing shall be disqualified as a member of the legislature.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The purpose of this amendment is to disqualify any member
of the state legislature who is employed by, or is appointed or elected to any
office or position in the judicial or executive branches of state government from
serving as a member of the state legislature.
``A vote for this proposition would disqualify any state legislator who is appointed,
elected or employed in the judicial or executive branch of government during
such legislator's term of office.
``A vote against this proposition would retain the current qualifications for members
of the state legislature which qualifications do not include a prohibition against
a state legislator's appointment, election or employment within the judicial or
executive branches of state government.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate, shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election to be held on November 7, 2000, unless a special election is called
at a sooner date by concurrent resolution of the legislature, in which case it shall be sub-
mitted to the electors of the state at the special election.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
HB 2607, An act making and concerning appropriations for the fiscal years ending June
30, 2000, and June 30, 2001, for the Kansas dental board, state bank commissioner, behav-
ioral sciences regulatory board, legislative coordinating council, legislature, division of post
audit, governors department, lieutenant governor, attorney general, secretary of state, state
treasurer, insurance department, judicial council, state board of indigents' defense services,
judicial branch, Kansas public employees retirement system, governmental ethics commis-
sion, Kansas human rights commission, state corporation commission, citizens utility rate-
payer board, department of administration, state board of tax appeals, department of rev-
enue, Kansas lottery, Kansas racing and gaming commission, department of commerce and
housing, Kansas, Inc., Kansas technology enterprise corporation, department of human re-
sources, Kansas commission on veterans affairs, department of health and environment,
department on aging, department of social and rehabilitation services, Kansas guardianship
program, department of education, state library, Kansas arts commission, Kansas state school
for the blind, Kansas state school for the deaf, state historical society, Fort Hays state
university, Kansas state university, Kansas state university extension systems and agriculture
research programs, Kansas state university veterinary medical center, Emporia state uni-
versity, Pittsburg state university, university of Kansas, university of Kansas medical center,
Wichita state university, state board of regents, department of corrections, juvenile justice
authority, adjutant general, state fire marshal, Kansas parole board, Kansas highway patrol,
attorney general--Kansas bureau of investigation, emergency medical services board, Kan-
sas sentencing commission, ombudsman of corrections, Kansas department of agriculture,
Kansas animal health department, state fair board, Kansas wheat commission, state conser-
vation commission, Kansas water office, department of wildlife and parks and department
of transportation; authorizing certain transfers and capital improvement projects, imposing
certain restrictions and limitations, and directing or authorizing certain receipts and dis-
bursements and acts incidental to the foregoing; amending K.S.A. 1999 Supp. 79-34,147
and repealing the existing section, by Committee on Appropriations.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Rep. Glasscock, HCR 5048, by Reps. Jennison and Garner, as follows, was
introduced and adopted:
HOUSE CONCURRENT RESOLUTION No. 5048--
A CONCURRENT RESOLUTION relating to a committee to inform the governor that the
two houses of the legislature are duly organized and ready to receive communications.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That a committee of two members from the Senate and three members from the
House of Representatives be appointed to wait upon the governor, and inform the governor
that the two houses of the legislature are duly organized and are ready to receive any
communications the governor may have to present.
In accordance with HCR 5048, Speaker Jennison appointed Reps. Adkins, Pottorff and
Haley to notify the Governor.
On motion of Rep. Glasscock, HCR 5049, by Reps. Jennison and Garner, as follows, was
introduced and adopted:
HOUSE CONCURRENT RESOLUTION No. 5049--
A CONCURRENT RESOLUTION providing for a joint session of the Senate and House
of Representatives for the purpose of hearing a message from the Governor.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Senate and the House of Representatives meet in joint session in Rep-
resentative Hall at 6:30 p.m. on January 10, 2000, for the purpose of hearing the message
of the Governor.
Be it further resolved: That a committee of two members from the Senate and three
members from the House of Representatives be appointed to wait upon the Governor.
Be it further resolved: That a committee of two members from the Senate and three
members from the House of Representatives be appointed to wait upon the Lieutenant
Governor.
In accordance with HCR 5049, Speaker Jennison appointed Reps. Huff, Weber and
Henry to wait upon the Governor.
Also, Reps. Neufeld, Wagle and McClure to wait upon the Lieutenant Governor.
Also, Reps. Mays, ONeal and Wells to wait upon the Supreme Court.
Also, Reps. Wilk, Hayzlett and Toelkes to wait upon the Senate.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6003--
By Representative Alldritt
A RESOLUTION relating to the rules of the House of Representatives for the 1999-2000
biennium; amending Rule 1301, relating to committee meetings.
Be it resolved by the House of Representatives of the State of Kansas: That Rule 1301
be amended to read as follows:
Rule 1301. Committee Meetings; Time and Place. (a) When the Legislature is in
session, standing committees shall meet at the times and place assigned by the Speaker on
the call of the chairperson.
(b) Also, when the Legislature is in session, a standing committee shall meet upon
written request of three members of the committee. Such a request shall be submitted to
the Speaker and the chairperson at least one legislative day before the requested time of
meeting. The time and place of a meeting under this subsection (b) shall be set by the
chairperson with the approval of the Speaker.
(c) Also, when the Legislature is in session, a standing committee shall meet upon written request of a majority of all the members of the committee to hold a hearing on a bill or resolution specified in the written request. The request shall be submitted to the Speaker and the chairperson at least one legislative day before the requested time of meeting to hold the hearing. The time and place of a meeting under this subsection (c) shall be set by the chairperson with the approval of the Speaker. At that time and place the committee shall meet and shall hold a hearing on the bill or resolution specified in the written request. If a bill specified in the written request is subject to a bill consideration deadline under subsection (e) or (f) of joint rule 4 of the joint rules of the Senate and House of Representatives and the request for a committee meeting and hearing on the bill is made before such deadline but the date for the committee meeting is set for after the deadline, the bill specified in the written request shall be referred by the Speaker to a standing committee of the House which is exempt from bill consideration deadlines under subsection (e) or (f) of joint rule 4 of the joint rules of the Senate and House of Representatives and then rereferred to the committee of the House which is making the request under this subsection (c) for the hearing.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
In accordance with House Rule 901(d), the following prefiled bills were referred to com-
mittees as indicated:
Agriculture: HCR 5046.
Appropriations: HB 2583, 2603, 2606.
Business, Commerce and Labor: HB 2580, 2602.
Education: HB 2584, 2590, 2591.
Environment: HB 2597.
Federal and State Affairs: HB 2581, 2604.
Governmental Organization and Elections: HB 2578, 2579.
CHANGE OF REFERENCE
Speaker Jennison announced the withdrawal of HB 2597 from Committee on Environ-
ment and referral to Committee on Utilities.
Also, the withdrawal of SB 319 from Committee on Governmental Organization and
Elections and referral to Committee on Judiciary.
INTRODUCTION OF GUESTS
Speaker Jennison welcomed Dr. Keith Wright, the current President of the Kansas Acad-
emy of Family Physicians, who sponsor the Doctor of the Day Program. Dr. Wright earned
his Bachelor of Arts degree in 1976 from Kansas State University, and completed his Doctor
of Medicine degree in 1979 at the University of Kansas School of Medicine.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2366 be amended On page 1, in
line 15, by striking ``1998'' and inserting ``1999'';
In the title, in line 10, by striking ``1998'' and inserting ``1999''; and the bill be passed as
amended.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were thereupon introduced and read by title:
HB 2608, An act relating to sales taxation; exempting certain sales of food for human
consumption therefrom; amending K.S.A. 1999 Supp. 79-3603 and repealing the existing
section; also repealing K.S.A. 79-3632, 79-3634 and 79-3636 through 79-3639 and K.S.A.
1999 Supp. 79-3633 and 79-3635, by Representative Myers (By request).
HB 2609, An act concerning the disposition of tobacco litigation settlement proceeds;
creating the Kansas senior health and in-home care fund; prescribing certain powers, duties
and functions; amending K.S.A. 1999 Supp. 38-2101 and repealing the existing section, by
Representative Myers (By request).
HB 2610, An act concerning public health and welfare; relating to the funding for home
and community based services for the frail elderly (HCBS-FE) program of the department
on aging; prescribing certain powers, duties and functions for preparation of caseload esti-
mates; amending K.S.A. 75-3717 and repealing the existing section. By Representative
Myers.
HB 2611, An act relating to insurance; concerning the mandatory reinstatement of certain
insurance policies in case of mental incapacity of an insured, by Representative Myers (By
Request).
HB 2612, An act concerning retirement; relating to the Kansas police and firemen's
retirement system; election for certain retirement coverage; amending K.S.A. 1999 Supp.
74-4955a and repealing the existing section, by Representative Campbell.
MESSAGE FROM THE SENATE
Announcing adoption of SR 1802, a resolution relating to the organization of the 2000
Senate and selection of the following officers:
Dick Bond, President,
Alicia Salisbury, Vice President,
Tim Emert, Majority Leader,
Anthony Hensley, Minority Leader,
Pat Saville, Secretary,
Jim Woods, Sergeant at Arms,
and awaits the pleasure of the House of Representatives.
COMMITTEE ASSIGNMENT CHANGES
Speaker Jennison announced the following changes in committee assignments for the
2000 session:
Standing Committees of the House:
Rep. Merrick is appointed to Committees on Environment, Financial Institutions, and
Health and Human Services.
Rep. Judy Morrison is appointed to Committees on Economic Development, Federal and
State Affairs, and Utilities.
Rep. Johnson is appointed Chair of Committee on Agriculture; Rep. Flower remains on
the committee. Rep. Schwartz replaces Rep. Johnson as Vice-Chair of the committee.
Reps. Johnson and ONeal are appointed to Committee on Business, Commerce and
Labor; Rep. P. Long is removed from the committee.
Rep. Campbell is appointed to replace Rep. Wagle on Committee on Economic
Development.
Rep. Benlon is removed from Committee on Environment.
Rep. Hutchins is appointed Vice-Chair of Committee on Federal and State Affairs.
Rep. Krehbiel is removed from Committee on Financial Institutions.
Rep. P. Long is appointed to Committee on Taxation; Rep. Krehbiel is removed from
the committee.
Rep. Campbell is appointed Vice-Chair of Committee on Tourism to replace Rep.
Hutchins.
Rep. Krehbiel is appointed to Committee on Utilities; Rep. Johnson is removed from the
committee.
Rep. Jenkins is appointed to General Government and Human Resources Budget Com-
mittee to replace Rep. Johnson.
Rep. Krehbiel is appointed to the Social Services Budget Committee.
Joint Committees of the House and Senate:
Rep. Wagle is removed and Rep. Lightner is appointed to Joint Committee on Admin-
istrative Rules and Regulations.
Rep. M. Long is appointed to replace Rep. Sharp on Joint Committee on Economic
Development.
Reps. Boston, Mayans, Haley, Sharp and Showalter are appointed to Joint Committee on
Health Care Reform Legislative Oversight.
Reps. Alldritt and Krehbiel are appointed to Joint Committee on Information Technology.
Rep. Phill Kline is removed and Rep. Adkins is appointed to Joint Committee on Over-
sight of University of Kansas Hospital Authority.
Rep. Phill Kline is removed and Rep. Stone is appointed to Joint Committee on SRS
Transition Oversight Committee. Rep. Haley is removed and Rep. Henry is appointed to
the committee.
Rep. Neufeld is removed and Reps. Humerickhouse, Minor and Pottorff are appointed
to Joint Committee on State Building Construction.
Reps. Klein, ONeal, Powell, Wagle and Weiland are appointed to Joint Committee on
State-Tribal Relations.
Select Committees:
The Select Committee on Information Management and the Kansas 2000 Select Com-
mittee are continued for the 2000 session.
Reps. Wagle is appointed to Kansas 2000 Select Committee to replace Rep. Jenkins.
On motion of Rep. Glasscock, the House recessed until 6:00 p.m.
______
Evening Session
The House met pursuant to recess with Speaker Jennison in the chair.
It being the hour in accordance with HCR 5049 to meet in joint session with the Senate
to hear the message of the Governor, Reps. Wilk, Hayzlett and Feuerborn escorted Presi-
dent Bond and members of the Senate to seats in the House.
Reps. Mays, ONeal and Wells and Senators Donovan and Petty escorted the Supreme
Court to seats in the House.
Reps. Neufeld, Wagle and McClure and Senators Umbarger and Gilstrap escorted the
Lieutenant Governor to a seat in the House.
Rep. Huff, Weber and Henry and Senators Steffes and Barone escorted the Governor to
the rostrum.
GOVERNOR BILL GRAVES COMPLETE TEXT
OF THE STATE OF THE STATE
January 10, 2000
Mr. Speaker, Mr. President, Madame Chief Justice, Members of the Legislature, and
Fellow Kansans:
While we entered the year 2000 amid greater than usual celebration, I suspect for most
Kansans it was a new year similar to most others, and the opportunities and challenges in
their lives for 2000 are similar to those of 1999. A single event does not define people, their
beliefs or aspirations. The same holds true for public service. Our hopes and aspirations for
a better Kansas are not defined by a single 90-day legislative session. In a what have you
done for me lately environment we often fail to provide a sense of perspective. We must
blend yesterday, today, and tomorrow to have a fair and accurate assessment of our com-
mitment to this state and its people.
I would like to reflect for a few minutes on the collective achievements of the legislature
and this administrationnot merely to provide a snapshot of today, but to paint a picture of
the significant and positive impact our collective efforts have had and will continue to have
on Kansas. The successes are many, let me highlight a few.
Investments in the States Infrastructure
Together weve made critical investments in badly neglected infrastructure. Weve suc-
cessfully rebuilt our state parks, repaired and renovated classrooms at our state universities,
increased prison capacity and enhanced our transportation system to allow our economy to
continue to grow and our citizens to travel safely. Weve invested in our state capitol to
preserve our heritage and the capitol complex to provide greater access to state government
for Kansans. It would have been easy to delay these long-term needs to satisfy short-term
demands until a time of crisis. Our vision will be appreciated by a generation of Kansans.
K-12 Education
Together, we have enhanced K-12 education financing. Highlights of our efforts include
nearly doubling the funding to educate at-risk children, increasing state support for each
pupil and for special education, and providing $10 million in special grants for technology.
Despite declining local effort from property taxes, policies enacted by the state have allowed
education spending to increase at an average rate of 4.4 percent over the last five years.
Higher Education
Together, we have improved our system of higher education. We have raised admission
standards, requiring students entering our universities to demonstrate a strong commitment
to learn. We boldly changed the governance of higher education--a change I believe will
achieve more than even its strongest proponents envisioned. We also made a substantial
investment--increasing state spending for our public universities the past four years by $75
million--double the rate of inflation.
Services in Communities and Homes
To listen to some, one might think weve failed to respond to the needs of our most
vulnerable citizens. That is simply not true. Our record shows a clear and significant com-
mitment to Kansans most in need of care. The last five years have seen an unprecedented
transformation in how we deliver these services. This has been achieved with a dramatic
shift from state institutions to community and in-home care. While it has enhanced our
citizens quality of life, at the same time, it has dramatically increased our financial obligation.
Between FY 1997 and FY 2000, our spending for physically disabled Kansans has grown
almost 300 percent--an increase of $38 million. Our frail elderly program expenditures have
been enhanced more than 240 percent--an increase of $33 million. We have closed two
state hospitals and shifted all the money saved to community funding. In addition, since the
closing, we added $83 million to the mental health and developmental disability systems--
an increase of 24 percent.
Public Safety
Together over the past five years, we have taken significant steps to make our state a safer
place to live and raise a family. We increased penalties for violent crimes, sex offenses and
violation of drug laws. Additionally, we increased the minimum amount of sentence a crim-
inal must serve from 80 percent to 85 percent. These changes have had an impact: crime
is down because criminals are behind bars.
These benefits are not without costs. The state had almost 7,500 inmates in state prisons
on June 30, 1996. By last June, this number increased to nearly 8,500. Correspondingly, the
state cost to run the correction system increased from $168 million in FY 1996 to $200
million in FY 2000--an increase of 19 percent.
Water Quality
Together, we have taken action to improve the environment and make our water safer
by providing loans for critical water system upgrades and financial incentives for producers
to voluntarily restore stream banks as part of the Governors Water Quality Initiative. We
have committed additional resources to plug abandoned oil and gas wells and to remediate
contaminated oil and gas well sites. We have directed Kansas State University to research
confined animal feeding operations to better ensure groundwater protection. From human
services to highways, from education to the environment, we have made progress for the
people of Kansas. Government cannot make perfect the imperfections of society, but we
can improve and enhance the quality of life for Kansans, and we have.
Tax Reductions
What is even more remarkable is, while these new directions in public policy and new
investments in the future of Kansas were occurring, together we returned record-setting
dollars to the people of Kansas through historic tax reductions.
Today, some say we did too much. I cannot agree. Ask the family of four--who in 1998
made $18,000 and owed $175 in income taxes to the state of Kansasif taxes were cut too
much; because in 1999 they had no tax liability, and in fact were owed $240.
Ask the car taxpayer in Jackson County if we did too much. The tax on a $15,000 car in
that county in 1995 was $465. The tax for this year on a car with the same value will be
$207. This is a reduction of 55.4 percent--a pattern replicated in all 105 counties.
Ask the single parent working to support a family if the $39 million we returned to single
Kansans by eliminating the unfair income tax was the wrong thing to do.
While these examples tell personal stories, overall numbers tell the entire story. We cut
the uniform mill levy by more than a third, saving Kansans $320 million each year. Before
we enhanced the food sales tax rebate program, only $2 million went to our low-income
citizens. In 1999 they received rebates of over $22 million. Two years ago in my state of the
state address, I asked you to enact an earned income tax credit so the working poor could
keep more of their hard-earned dollars. Thanks to our action, they now keep an additional
$20 million.
Because of our tax cuts, low-income Kansans, businessmen and women, homeowners,
farmers and ranchers have more of their money to invest in their futures. We should be
proud of that.
When we see our process and its efforts in a broader perspective, I believe collectively
we can take satisfaction in the new directions taken in supporting those programs most
critical to our future, while providing vital tax relief to our citizens.
Looking Ahead to Kansas Future
Tonight we focus on the next 90 days, weighing our responsibilities, as well as our op-
portunities. As you are all aware, this budget is the most challenging of the past five years.
That does not mean, however, we cannot provide effective, efficient and vital services and
programs to the people of Kansas. Most Kansans have faced years in which unexpected
declines in income or increased expenses made them budget more carefully. That is what
we face, and like the people of this state, we can and will adjust and ensure that what needs
to be done will be done.
The budget I present to you was built on five principles:
The first principle is we cannot spend money we do not have. Kansas families and busi-
nesses recognize this fact--and their government must recognize it as well. For example, I
appreciate the legislative discussion on maintaining the $50 per pupil funding for education
in the current year. Make no mistake: I share your passion for education, and I worked hard
to reach this goal. However, because of the constraint of a 7.5 percent ending balance
requirement and revenues currently below the consensus estimates, the needed $16 million
was simply not available. I am eager to review any adjustments should you increase the
current year budget to meet what I consider to be a mutual goal.
Second, tax increases are not acceptable substitutes for fiscal management. Third, there
should be an ending balance of 7.5 percent as required by law. These should be our mutual
goals. There are those who would take the easy way out by raiding the ending balance or
reverse the progress weve made over the last five years by increasing taxes. I would strongly
caution them not to do so. Lets use sound fiscal management, not emergency dollars or
increased taxes, to meet our budget responsibilities.
We are not in difficult economic times. Our unemployment is at a 20-year record low,
and job creation and income are at all-time highs. With the exception of our troubled
agriculture economy, Kansas is very strong. We merely are in a period when we need to
control our spending. If you use ending balances to increase spending and the state should
enter into an economic downturn, you will leave critical programs unprotected. This is
simply irresponsible fiscal policy and is unacceptable.
The fourth principle of my budget is to set priorities, not make simplistic, across-the-
board budget decisions. We asked agencies to prioritize within their budgets. Then as the
budget was prepared, we prioritized agencies and programs. The result is some areas absorb
significant cuts, while others are held harmless, and some will grow. This budget reflects
my strong commitment to K-12 education, higher education, and vital social services. In the
context of a difficult budget year, these priorities are well supported.
The fifth principle of my budget reaffirms the commitment we make each year to the
states most precious resource: our children. The emphasis on children in this years budget
is underscored by the $63 million State General Fund growth and $117 million growth from
all funding sources for childrens programs.
In addition, last years decision to dedicate 95 percent of expected proceeds from the
tobacco settlement to new or enhanced programs improving the lives of children will serve
us well for years to come. This year, over nine million new dollars will be invested in
childrens programs, in local community partnerships, in early education for at-risk children,
and in increased support for parent education and statewide learning opportunities. The
$70 million that will flow directly to the State General Fund from tobacco proceeds rep-
resents most of the new money that allowed significant enhancements in a wide array of
programs benefitting children.
These five principles guided me in making the following budget decisions.
When the Legislature adjourned last April, we approved a budget from State General
Funds that increased by 6.2 percent above FY 1999. Even with the changes I have recently
recommended, the budget in the current year still grows by 4.6 percent. The budget for
next year, FY 2001, will require fiscal restraint; and while it will not be at the spending rate
of the past five years, there will be an increase in spending. This is far from a budget crisis;
it only requires fiscal discipline.
Even with our challenges, I believe the budget I present tonight will serve Kansans well.
Because there are agencies willing to shoulder more than their share of the burden, we can
increase our support for vital programs. I want to thank the men and women of those
agencies and departments that will continue to provide outstanding service to the people of
Kansas, even though they will have reduced resources.
Your state agencies are filled with very capable and talented people who will play a major
role in helping us through a tight budget year, and I ask you to join me in saluting them. I
particularly want to note the support of Secretary Dean Carlson and the Department of
Transportation. Significant State General Funds were obtained because of KDOTs willing-
ness to tighten its fiscal belt. We took as much as we could without retreating from our
strong commitment to a new transportation plan. I am convinced KDOT has done its share,
and I will not--I repeat--I will not support any action that will break our promise to Kansans
of a new transportation plan. My recommendations will allow all projects in the plan to be
completed.
Let me highlight a few elements of my budget proposal:
I am recommending a total budget from the State General Fund for education of $2.3
billion for FY 2001. This includes enhanced funding of $50 for each K-12 student. Even
though our FY 2001 budget challenge is significant, we must continue doing our best to
support public education.
I am recommending $22 million in enhanced funding for community colleges and regents
institutions. This fulfills the FY 2001 commitment made last session that increased financial
support would accompany governance restructuring for our higher education system.
I am recommending step movement and an unclassified merit increase of 2.5 percent for
state employees. This commitment to our state workers will cost $37 million.
I am urging an increase in FY 2000 of $6 million and another increase of $6.6 million in
FY 2001 for child care assistance targeted to those on welfare returning to the workforce.
I am asking for a $6.3 million increase in support of adoption services. We are doing a
better job of providing permanent homes for children; we must do even more.
I ask for more than $600 million to cover the medical costs of Kansans who need assis-
tance--an increase of $33 million. $37.5 million provides health insurance for children so
no Kansas child need go without good medical care. More than 15,000 Kansas children are
already being served by this program, and it deserves to grow. Combined with Medicaid,
we are now serving 32,000 children who previously were uninsured.
I have provided over $9 million in additional funds to serve elderly Kansans in their homes
and over $4 million in additional funds for physically disabled Kansans.
I am lending my support to the efforts to allow schools and libraries access to the state
information backbone for high-speed Internet, voice and video transmissions. This support
includes my recommendation for $4.5 million from the childrens initiatives fund for the first
year one-time costs.
I am committing $3 million to begin a partnership effort with the Kansas Health Foun-
dation and local communities. The foundation has committed to match state and local funds
with $30 million over the next 10 years to build the capacity in communities to improve the
health of children.
I am recommending maintaining ongoing funding of Johnson County and Sedgwick
County adult residential corrections centers and an additional $77 million for new prison
construction for both adult and juvenile offenders. These will house our most violent
criminals.
I am directing $1 million of the Kansas Department of Revenues budget be used for
customer service upgrades, including a toll free number for Kansas taxpayers.
There are numerous increases and reallocations in my budget proposal that enhance
support for priority programs, while at the same time provide adequate funding for agencies
to carry out their essential responsibilities.
In addition to budget items, I will be presenting several new initiatives.
Ethics and Campaign Finance
The people of Kansas deserve government that avoids even the appearance of improper
conduct. Beginning in 1995, through my executive order, executive branch employees under
my direct control no longer accept gifts or hospitality from groups who influence govern-
ment. I am recommending this ban be extended to all executive branch employees. I also
recommend lobbyists be required to report whom they spend their money on. This is not
a prohibition; it is simply disclosure and its the right thing to do.
Campaign finance reform cannot be ignored. I am proposing statewide candidates for
office during the final weeks before an election make daily reports on who is financing their
campaigns. This will ensure voters know in a timely manner whos contributing to candidates.
Open Records
Perhaps nothing contributes more to accountable government than ensuring the business
of governing occurs in full public view. Kansas has strong open record laws, but the mech-
anism to enforce these laws needs to be improved. The goals we need to achieve are clear--
an accessible and affordable independent review for disputes; teeth in the enforcement
process; and a method to assure only the true costs are charged for providing records to
citizens. Lets make sure government is open to the people of Kansas.
Highway Safety
Seat belts save lives. We need to allow law enforcement to enforce the law. Today, this
does not occur unless there is another violation. Providing for primary enforcement of seat
belt use will save lives and reduce injuries each year. Seat belt use went up between 8 and
17 percent in states with similar laws. We particularly need to protect our children when
adults will not accept this responsibility. In Kansas, the law says you must wear a seat belt.
It is time to fully enforce that law.
Rules and Regulation Review
In 1995, I directed a review of regulations. It was a success, as hundreds of out-dated,
irrelevant and cumbersome rules and regulations were modified or eliminated. It is time to
have a tough review again. By executive order, I will direct each agency to develop and
implement a plan resulting in rules and regulations that are understandable, reasonable and
necessary.
My budget and my initiatives clearly demonstrate even in times of fiscal challenges, we
can offer Kansans new programs, strengthen existing vital programs and provide new public
policy directions.
Conclusion
As you make your policy and budget decisions, I ask you to be particularly aware of two
responsibilities.
First, build the budget on responsible projections, not hopes. Both this administration
and the legislature are a significant part of the consensus estimating process. These esti-
mates, not wishful thinking, must guide our budget decisions. The past few years our rev-
enues have exceeded our estimates. At this time we have no basis on which to believe that
will happen this year. The budget must be built on consensus estimates. I have done that.
I urge you to do the same.
Second, there are public policy issues that must be fully debated regarding our Home
and Community based services waivers. Using current trends, two years from now, I would
need to recommend for these programs State General Fund spending of $217 million--an
increase of almost $170 million since FY 1997. Spending from all funding sources would
need to increase from $119 million to $544 million--an increase of over $400 million. We
need to decide if we can afford these escalating costs, keeping in mind such increases will
come at a cost to other crucial programs.
I know these will be difficult debates as we discuss want to have vs. need to have; com-
fortable vs. critical; state responsibility vs. community or family responsibility. These are not
partisan issues; they are Kansas issues that must be addressed this session.
In closing, let me affirm we will fund all basic services at an adequate level and invest
more in our priorities. We will continue our successful partnership--one in which each of
us can take pride.
I am fully aware the process is a challenging one. Each of us has a passion for those things
we believe in. We are diverse people with diverse views. To that is added a more challenging
budget and the predictable political divisiveness that occurs each election year.
We are well served to heed the words of William Allen White in his 1936 address at
Northwestern University. He urged those graduates, as I urge you, to remember the great
strengths of our nation--the elements of tolerance, patience, and duty. Tolerance of other
views and perspectives, a quality that will serve us all well in the coming days. Patience to
let the process work, to engage in full debate, to calmly think our way through difficult
moments. And finally, a duty to never forget our responsibility to serve the people of Kansas.
Duty does not know party, race, or gender. Duty does not depend on rank or station. Duty
is about doing what is right with integrity and compassion. It is about good policy, not good
politics. It demands when the debate has ended and the decision has been made we can
say to our fellow Kansan--I have done my duty.
It is my sincere hope at the end of the 2000 legislative session we all can look the citizens
of Kansas squarely in the eye and tell them we upheld our oath; and in a spirit of tolerance
with patience in the process, we did our duty.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, January11,
2000.