Topeka, KS, Thursday, January 13, 2000, 10:30 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Rep. E. Peterson was excused on verified illness.
Rep. Ballard was excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Holy and Life-giving God,
You call all of creation into beauty
and into life.
Be with us today as we grapple
with bills
and agendas
and paperwork
to show us where the beauty and the life are
in all our tasks today. Amen.
The Pledge of Allegiance was led by Rep. Minor.
PERSONAL PRIVILEGE
The request of Rep. Farmer was granted to spread the remarks of Reps. Farmer and
Haley upon the Journal.
Thank you Mr. Speaker.
Dr. Martin Luther King, Jr. was born on January 15, 1929. In September 1935, he began
school at the Yonge Street Elementary School in Atlanta.
Because of his high score on his college entrance examinations in his junior year of high
school, he advanced to Morehouse College without formal graduation from Booker T. Wash-
ington High School. Having skipped both the ninth and twelfth grades, Dr. King entered
Morehouse at the age of fifteen.
In February 1948, Martin was ordained a Baptist minister and entered Crozer Theological
Seminary in Chester, Pennsylvania. In October of 1954 Martin Luther King became pastor
of Dexter Avenue Church in Montgomery, Alabama.
Martin Luther King received his Ph.D in Theology from Boston University in June of
1955.
Dr. King was a pivotal figure in the Civil Rights Movement. He was elected president of
the Montgomery Improvement Association, the organization which was responsible for the
successful Montgomery Bus Boycott from 1955 to 1956 . He was arrested thirty times for
his participation in civil rights activities. This was one of many events that led Dr. King to
a life of pro-active, non-violent direct action; so much so that in December 1964, Dr. Martin
Luther King, Jr. received the Nobel Peace Prize.
On April 4, 1968, an assassin's bullet took the young life of this heroic man.
Dr. King was a vital personality of the modern era. His lectures and remarks stirred the
concern and sparked the conscience of a generation; the movements and marches he led
brought significant changes in the fabric of American life; his courageous and selfless de-
votion gave direction to thirteen years of civil rights activities; his charismatic leadership
inspired men and women, young and old, in the nation and abroad.
In August of 1963, Dr. King said ``When the architects of our republic wrote the mag-
nificent words of the Constitution and the Declaration of Independence, they were signing
a promissory note to which every American was to fall heir. This note was a promise that
all men would be guaranteed the inalienable rights of life, liberty, and the pursuit of
happiness.''
A message that I hope we as legislators will never take for granted.
I now yield to Representative David Haley.
Thank you Rep. Farmer. And thank you Speaker Jennison, Speaker pro tem Mays, Mi-
nority Leader Garner and our colleagues in the Kansas House.
For those of you who are keeping track, today marks the sixth consecutive occasion that
this body has allowed a public special emphasis of this holiday. Each of these years, Rep.
Farmer and I muster the energy during the first week of session to prepare and to present;
and each of these years each of you have offered the courtesy and respect to listen and,
hopefully, reflect on the legacy of this extraordinary American.
My earnest hope is that on one of these days maybe one of you who may not have
understood before will now understand that Dr. King, for whose birthday the first American
holiday of this brand new millennium is named, is not the reason for the holiday. That you
realize we remember the mission here, not just the man.
This is a national holiday. The values of freedom, liberty, equal justice under the law are
not limited, as I've said before, to your religion or your political philosophy or mine; to your
creed or race or mine . . . no, these values inure to every American. In this, the third
millennium dated from the life and teachings of one hailed, simply, as the ``Prince of Peace,''
we have still a new challenge for a new millennium . . .
Last year, a jury found that the assassination of Dr. King was not the work of a sole actor
but the product of a conspiracy. This jury surmised that several, maybe many, different
minds were dedicated to silencing the man and, perhaps, his dream of the concept of true
equality. And that these people, working together, conspired to and ultimately did take Dr.
King's earthly life.
So today, since the mission has not died with the man, we are calling for a new conspiracy.
A new meeting of many minds for a new millennium. Our conspiracy is dedicated to sharing
that concept that what is inside of a person is infinitely more important than what is on the
outside. A conspiracy that these Kansans whose proud names are enshrined on these cham-
ber walls were a part of . . . their dedication to the proposition that all men and women
are created equal . . . that brought definition to our great State when adding us to this
country. Today, we are calling for this new conspiracy. Conspire with us to judge content
of character. Conspire with us to teach our children for the days ahead to work together,
not apart, and to ``study war no more.'' Conspire, for this holiday weekend, at least once,
for the mission more so than for the man . . . strive . . . to be King for a Day.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
HB 2624, An act concerning retirement; relating to the Kansas police and firemen's
retirement system; death benefit; amending K.S.A. 1999 Supp. 74-4959 and repealing the
existing section, by Representatives Sloan and Findley.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HB 2616; HCR 5050.
Appropriations: SB 403.
Business, Commerce and Labor: HB 2618.
Education: HB 2622.
Judiciary: HB 2619, 2623.
Taxation: HB 2617, 2620, 2621.
MESSAGE FROM THE GOVERNOR
January 12, 2000
Message to the House of Representatives of the State of Kansas:
Enclosed herewith is Executive Order No. 00-01 for your information.
EXECUTIVE ORDER NO. 00-01
Offer of Reward.
Bill Graves
Governor
The above Executive Order is on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE GOVERNOR
January 12, 2000
Message to the House of Representatives of the State of Kansas:
Enclosed herewith is Executive Order No. 00-02 for your information.
EXECUTIVE ORDER NO. 00-02
Offer of Reward.
Bill Graves
Governor
The above Executive Order is on file and open for inspection in the office of the Chief
Clerk.
COMMUNICATIONS FROM STATE OFFICERS
From the Kansas Sentencing Commission, Desk Reference Manual, 1999.
From Marc A. Johnson, Dean and Director, Kansas State University Agricultural Exper-
iment Station and Cooperative Extension Service, report on Teamwork and Collaboration,
January 2000.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
O'Neal in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. O'Neal, Committee of the Whole report, as follows, was adopted:
On motion of Rep. Farmer, HB 2607 be amended on page 23, by striking all in lines 35
through 39;
And by redesignating subsections accordingly
Also, on motion of Rep. Adkins, HB 2607 be amended on page 2, in line 6, by striking
``74'' and inserting ``75''; in line 11, by striking ``72 and 73'' and inserting ``73 and 74'';
On page 32, preceding line 23, by inserting the following new section to read as follows:
``Sec. 71. (a) Notwithstanding the provisions of subsection (4) of K.S.A. 74-4927 and
amendments thereto, no participating employer under the Kansas public employees retire-
ment system shall pay any amount to the system for the cost of the plan of death and long-
term disability benefits under subsection (4) of K.S.A. 74-4927 and amendments thereto for
the period from April 1, 2000, through June 30, 2000.
(b) On the effective date of this act, the amount in each account of the state general fund
of each state agency that is appropriated for the fiscal year ending June 20, 2000, by chapter
132 or chapter 160 of the 1999 Session Laws of Kansas or by this act and that is budgeted
for payment of the cost of the plan of death and long-term disability benefits under sub-
section (4) of K.S.A. 74-4927 and amendments thereto, as certified by the director of the
budget to the director of accounts and reports, for the period from April 1, 2000, through
June 30, 2000, is hereby lapsed.'';
And by renumbering sections accordingly;
Also, on further motion of Rep. Adkins, HB 2607 be amended on page 27, in line 7, by
adding $144,000 to the dollar amount which reads ``$2,402,017'' and by adjusting the dollar
amount in line 7 which reads ``$2,402,017'' accordingly;
Also, on motion of Rep. Howell, HB 2607 be amended on page 2, in line 6, by striking
``74`` and inserting ``75''; in line 11, by striking ``72 and 73'' and inserting ``73 and 74'';
On page 32, after line 22, by inserting the following:
``Sec. 71. (a) On the effective date of this act, all positions of officers or employees of
each state agency named in chapter 132 of the 1999 Session Laws of Kansas that are vacant
as of January 1, 2000, and that have been vacant for a continuous period of 36 months or
more, as determined by the director of the budget in consultation with the director of
personnel services, are hereby abolished and no moneys appropriated for any such state
agency for the fiscal year ending June 30, 2000, from the state general fund or any special
revenue fund by chapter 132 or 160 of the 1999 Session Laws of Kansas or by this or other
appropriation act of the 2000 regular session of the legislature, shall be expended for any
such abolished position.
(b) On the effective date of this act, the position limitations established by sections 22
and 90(a) of chapter 132 of the 1999 Session Laws of Kansas, as amended by chapter 160
of the 1999 Session Laws of Kansas or by this act or other appropriation act of the 2000
regular session of the legislature or as established by the state finance council on the number
of full-time and regular part-time positions equated to full-time for the fiscal year ending
June 30, 2000, for the state agencies for which such position limitations are established and
for which positions are abolished under subsection (a), are hereby decreased accordingly
for each such agency by the full-time equivalent number of such abolished positions.'';
And by renumbering sections accordingly;
Also, roll call was demanded on motion of Rep. Helgerson to amend on page 2, in line
11, after ``4,'' by inserting ``5, 6,'';
On page 3, following line 17, by inserting the following material to read as follows:
``(d) On and after the effective date of this act during the fiscal year ending June 30, 2000,
no moneys appropriated for the above agency in the legislative coordinating council--op-
erations (including official hospitality) account of the state general fund for the fiscal year
ending June 30, 2000, shall be expended for any travel out-of-state by any member of the
house of representatives or the senate of the Kansas legislature.
(e) During the fiscal year ending June 30, 2001, no moneys appropriated for the above
agency in the legislative coordinating council--operations (including official hospitality) ac-
count or any other account of the state general fund for the fiscal year ending June 30, 2001,
shall be expended for any travel out-of-state by any member of the house of representatives
or the senate of the Kansas legislature.'';
Also on page 3, following line 24, by inserting the following material to read as follows:
``(b) (1) On and after the effective date of this act during the fiscal year ending June 30,
2000, no moneys appropriated for the above agency in the operations (including official
hospitality) account of the state general fund for the fiscal year ending June 30, 2000, shall
be expended for any travel out-of-state by any member of the house of representatives or
the senate of the Kansas legislature.
(2) On and after the effective date of this act during the fiscal year ending June 30, 2000,
no moneys appropriated for the above agency in the legislative special revenue fund for the
fiscal year ending June 30, 2000, shall be expended for any travel out-of-state by any member
of the house of representatives or the senate of the Kansas legislature.
(c) (1) During the fiscal year ending June 30, 2001, no moneys appropriated for the above
agency in the operations (including official hospitality) account or any other account of the
state general fund for the fiscal year ending June 30, 2001, shall be expended for any travel
out-of- state by any member of the house of representatives or the senate of the Kansas
legislature.
(2) During the fiscal year ending June 30, 2001, no moneys appropriated for the above
agency in the legislative special revenue fund or any other special revenue fund for the fiscal
year ending June 30, 2001, shall be expended for any travel out-of-state by any member of
the house of representatives or the senate of the Kansas legislature.'';
On roll call, the vote was: Yeas 55; Nays 68; Present but not voting: 0; Absent or not
voting: 2.
Also, on further motion of Rep. Helgerson, HB 2607 be amended on page 14, by striking
all in lines 6 through 9;
And by redesignating subsections accordingly
On page 15, after line 8, by inserting the following:
``(w) On the effective date of this act, the director of accounts and reports shall transfer
$500,000 from the children's health care programs--smoking prevention grants fund of the
department of health and environment to the state general fund. On the effective date of
this act, all liabilities of the children's health care programs--smoking prevention grants
fund are hereby transferred to and imposed on the state general fund and the children's
health care programs--smoking prevention grants fund is hereby abolished.''
Also, roll call was demanded on motion of Rep. McKechnie to amend HB 2607 on page
2, in line 6, by striking ``74'' and inserting ``75''; in line 11, by striking ``72 and 73'' and
inserting ``73 and 74'';
On page 7, in line 22, by adding $24,160 to the dollar amount which reads ``$36,928'' and
by adjusting the dollar amount in line 22 which reads ``$36,928'' accordingly;
On page 9, in line 19, by adding $132,287 to the dollar amount which reads ``$631,601''
and by adjusting the dollar amount in line 19 which reads ``$631,601'' accordingly;
On page 10, in line 12, by adding $2,974 to the dollar amount which reads ``$26,382'' and
by adjusting the dollar amount in line 12 which reads ``$26,382'' accordingly;
On page 11, in line 12, by adding $6,847 to the dollar amount which reads ``$56,205'' and
by adjusting the dollar amount in line 12 which reads ``$56,205'' accordingly;
On page 12, in line 31, by adding $114,103 to the dollar amount which reads ``$229,046''
and by adjusting the dollar amount in line 31 which reads ``$229,046'' accordingly;
On page 15, in line 17, by adding $142,109 to the dollar amount which reads ``$1,543,755''
and by adjusting the dollar amount in line 17 which reads ``$1,543,755'' accordingly; in line
28, by subtracting $318,403 from the dollar amount which reads ``$1,949,653'' and by ad-
justing the dollar amount in line 28 which reads ``$1,949,653'';
On page 16, in line 28, by subtracting $318,403 from the dollar amount which reads
``$282,499,660'' and by adjusting the dollar amount in line 27 which reads ``$282,499,660''
accordingly;
On page 25, in line 12, by adding $103,389 to the dollar amount which reads ``$221,369''
and by adjusting the dollar amount in line 12 which reads ``$221,369'' accordingly;
On page 26, in line 15, by subtracting $87,228 from the dollar amount which reads
``$2,039,778'' and by adjusting the dollar amount in line 15 which reads ``$2,039,778''
accordingly;
On page 28, in line 37, by adding $59,522 to the dollar amount which reads ``$208,856''
and by adjusting the dollar amount in line 37 which reads ``$208,856'' accordingly;
On page 31, in line 11, by adding $19,942 to the dollar amount which reads ``$669,641''
and by adjusting the dollar amount in line 11 which reads ``$669,641'' accordingly;
On page 32, before line 23, by inserting the following section to read as follows:
``Sec. 71. (a) The lapse of an amount appropriated from the state general fund in the
operating expenditures account of a state agency for the fiscal year ending June 30, 2000,
in this act, and, in the case of a state agency for which an additional amount is appropriated
by this act from the state general fund in the operating expenditures account of the state
agency which is less than the amount recommended by the governor for the fiscal year
ending June 30, 2000, in the governor's budget report as submitted to the legislature on
January 10, 2000, the appropriation of a lesser amount from the state general fund by this
act than the amount so recommended by the governor for fiscal year 2000, shall reduce, in
all such cases, the amount of moneys budgeted and available for expenditure for the ad-
ministrative programs and activities of such state agency by the amount of such lapse or the
amount of reduction from the amount so recommended by the governor, as the case may
be, and shall not reduce the amount of moneys budgeted and available for expenditure by
such state agency for the service programs and activities of such state agency, including all
amounts budgeted for aid to local units or other assistance, grants and benefits, as recom-
mended by the governor for fiscal year 2000 in the governor's budget report as submitted
to the legislature on January 10, 2000, and in the detailed budget information submitted to
the legislative research department pursuant to subsection (c) of K.S.A. 75-3717 and amend-
ments thereto.
(b) During the fiscal year ending June 30, 2000, except as otherwise specifically authorized
by appropriation or other act of the legislature, no state agency shall reduce the amount
budgeted for expenditure for the service programs and activities of such state agency, in-
cluding all amounts budgeted for aid to local units or other assistance, grants and benefits,
as recommended by the governor for fiscal year 2000 in the governor's budget report as
submitted to the legislature on January 10, 2000, and in the detailed budget information
submitted to the legislative research department pursuant to subsection (c) of K.S.A. 75-
3717 and amendments thereto.
(c) During the fiscal year ending June 30, 2000, no state agency shall transfer any amount
from any other account of the state general fund of the state agency to the operating ex-
penditures account of the state agency under K.S.A. 75-3726a and amendments thereto or
any other statute except upon specific authorization by act of the legislature for the state
agency to transfer a specified amount from a specified account of the state general fund to
the operating expenditures account of the state agency during fiscal year 2000.
(d) As used in this section, (1) ``state agency'' means the department of administration,
department of revenue, department of commerce and housing, department of human re-
sources, department of health and environment, department on aging, department of social
and rehabilitation services, department of corrections, juvenile justice authority, Kansas
department of agriculture and department of wildlife and parks; and
(2) ``operating expenditures account'' means (A) the department of administration oper-
ations account in the case of the department of administration, (B) the operating expendi-
tures account in the case of the department of revenue, (C) the state operations account in
the case of the department of commerce and housing, (D) the operating expenditures ac-
count in the case of the department of human resources, (E) the other operating expendi-
tures (including official hospitality) account in the case of the department of health and
environment, (F) the administration account in the case of the department on aging, (G)
the state operations account in the case of the department of social and rehabilitation serv-
ices, (H) the central administration operations and parole and postrelease supervision op-
erations account of the department of corrections, (I) the operating expenditures account
in the case of the juvenile justice authority, (J) the operating expenditures (including official
hospitality) account in the case of the Kansas department of agriculture, and (K) the oper-
ating expenditures account in the case of the department of wildlife and parks.'';
And by renumbering sections accordingly;
On roll call, the vote was: Yeas 56; Nays 67; Present but not voting: 0; Absent or not
voting: 2.
On motion of Rep. Glasscock, rose and reported progress.
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 and concurrent resolutions were thereupon introduced and read by
title:
HB 2625, An act concerning school districts; providing for grants of state moneys for
operation and maintenance of extraordinary school programs and summer programs, by
Committee on Education.
HB 2626, An act concerning law enforcement officers; relating to training and the cost
thereof; amending K.S.A. 1999 Supp. 74-5609a and repealing the existing section, by Com-
mittee on Governmental Organization and Elections.
HB 2627, An act concerning governmental ethics; establishing requirements regarding
gifts and hospitality; amending K.S.A. 1999 Supp. 46-237a and 46-269 and repealing the
existing sections, by Committee on Governmental Organization and Elections.
HB 2628, An act concerning the open meetings act; relating to executive or closed meet-
ings; amending K.S.A. 75-4320a and K.S.A. 1999 Supp. 75-4319 and repealing the existing
sections, by Committee on Governmental Organization and Elections.
HB 2629, An act relating to vehicles; concerning the registration thereof; amending
K.S.A. 8-129 and repealing the existing section, by Committee on Governmental Organi-
zation and Elections.
HB 2630, An act concerning school districts; authorizing establishment and maintenance
of teacher extraordinary performance plans; providing for grants of state moneys, by Com-
mittee on Education.
HB 2631, An act concerning school district finance; relating to the counting of preschool-
aged at-risk pupils; amending K.S.A. 1999 Supp. 72-6407 and repealing the existing section,
by Committee on Education.
HB 2632, An act concerning the state long-term care ombudsman; prescribing certain
powers and duties; amending K.S.A. 1999 Supp. 75-7301 and repealing the existing section,
by Representative Myers (By request).
HB 2633, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system and systems thereunder; postretirement benefit increase, by
Committee on Appropriations.
House Concurrent Resolution No. 5051
By Committee on Education
A CONCURRENT RESOLUTION urging boards of education to incorporate
the weekly study of current events into the curriculum.
WHEREAS, From the beginning, America's democratic experiment was founded on the
twin ideals of citizen rights and citizen responsibilities; the founders believed citizens must
be guaranteed the power to participate in government and this power must be protected;
and
WHEREAS, In this country, ultimate power rests with active, participating citizens; Tho-
mas Jefferson himself declared ``Democracy requires an informed citizenry''; and
WHEREAS, In democratic societies, citizens are expected to have a basic knowledge of
government operations, to be aware of and interested in politics, to participate in govern-
ment and to believe they can impact government through action; however, a recent survey
revealed only 20% of high school students were able to correctly answer four or five, out of
five, political knowledge questions, only about 25% of high school seniors have more than
a rudimentary understanding of democratic principles and about 35% are ignorant of even
the most basic elements of a democracy, less than half, only 41%, of high school students
read national news on a weekly basis or watch or listen to the daily news; and
WHEREAS, The news media, radio, television, newspapers and magazines, offer infor-
mation on current events surrounding the basic democratic freedoms of press, speech,
religion and assembly; newspapers and magazines provide coverage of government activities,
of how tax dollars are spent; radio and television air political candidates' beliefs and philos-
ophies; knowledge of issues and events gleaned from reading newspapers and magazines
and listening to and viewing radio and television broadcasts provides citizens with oppor-
tunities to engage in open discussion and to participate in shaping policies that will affect
their lives; and
WHEREAS, Information provided in a recent report by teachers indicates that having
students correlate classroom learning with real world events promotes higher-level thinking
skills which are essential in today's technologically advanced society; and
WHEREAS, The Internet, with its vast array of information, can broaden student knowl-
edge of real world events by providing connections to government agencies and access to
breaking headlines and daily news updates; and
WHEREAS, Citizenship is a guarantee of certain rights, prerogatives and powers, but
citizenship also requires the fulfillment of obligations and responsibilities; and
WHEREAS, Daily or almost daily viewing or listening to national news on television or
radio is listed by the national center for education statistics as one skill that may be exercised
in the fulfillment of citizenship obligations and responsibilities; and
WHEREAS, Research shows that while the percentage of high school students reading
newspapers and magazines on a daily basis has decreased in recent years, newspapers and
magazines are the types of materials students are most likely to read recreationally, on their
own, in or out of the classroom: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That, in the belief that good citizens are critical to the success of democracy, that
good citizenship must be developed and nurtured, and that an understanding of real world
issues through the study of current events would assist students in preparing for the basic
responsibilities of citizenship, the legislature hereby urges boards of education to capitalize
on the penchant of students for listening to radio, watching television, accessing the world
wide web, and reading newspapers and magazines and incorporate the weekly study of
current events into the curriculum, either as a stand alone activity or as a part of American
history or government classes required for graduation from high school; and
Be it further resolved: That the secretary of state is hereby directed to send an enrolled
copy of this resolution to the commissioner of education for reproduction and transmittal
to the board of education of each school district and accredited nonpublic school in the
state.
House Concurrent Resolution No. 5052
By Committee on Education
A CONCURRENT RESOLUTION directing the commissioner of education
to prescribe a competency in basic skills program.
WHEREAS, In today's information age, competency in the basic skills domains of read-
ing, writing, mathematics, science and social studies is essential to the well being of Kansas
students as they live their lives as tomorrow's adult consumers, citizens, parents and job
holders; and
WHEREAS, Competency of Kansas students in the basic skills domains is fundamental
to their being able to manipulate and use information to perform practical tasks necessary
to successful survival in the next millennium; and
WHEREAS, The purpose of the state's educational system is to provide effective and
meaningful learning opportunities designed to enable Kansas students, through attainment
of competency in the basic skills domains, to live and prosper in a global society; and
WHEREAS, In order to determine whether the purpose of the state's educational system
is being accomplished, it is necessary that Kansas students be required to demonstrate
competency in the basic skills domains through assessment: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That, in recognition of the facts contained in the preamble of this resolution, the
legislature hereby directs the commissioner of education to prescribe a competency in basic
skills program based upon the identification and specification of standards and outcomes of
competency in the basic skills domains, the attainment of competency in which basic skills
domains Kansas students must demonstrate through assessment prior to being certified as
having satisfactorily completed the requirements for graduation from high school; and
Be it further resolved: That, in complying with the requirement of the foregoing re-
solving clause, the commissioner of education shall provide for the competency in basic
skills program to be maintained by boards of education in all school districts and accredited
nonpublic schools in the state; identify, specify and distribute to boards of education stan-
dards and outcomes of competency in basic skills domains; prepare and distribute to boards
of education such examinations as are deemed appropriate for assessing the attainment by
students of competency in basic skills and require such examinations to be administered
initially to students at the 10th grade level; give technical advice and assistance and make
recommendations to boards of education concerning maintenance of the competency in
basic skills program; and design a certificate of competency to be awarded to students who
demonstrate competency in the basic skills domains to the extent necessary to enable the
students to master higher order skills in high school and to participate effectively, without
remedial instruction, in postsecondary education curricula or to enter the work force as
productive workers; and
Be it further resolved: That, commencing with the 2003-04 school year, no Kansas stu-
dent shall be certified, through the receipt of a diploma, as having satisfactorily completed
the course requirements of the state board of education necessary for graduation from high
school unless the student has qualified for the award of a certificate of competency in the
basic skills. Students shall be given numerous opportunities to demonstrate competency in
the basic skills and to qualify for a certificate and a diploma; and
Be it further resolved: Boards of education of school districts and accredited nonpublic
schools are hereby required to prepare and maintain a plan containing strategies, techniques
and procedures for enabling and assisting students to qualify for a certificate of competency
in basic skills; such plans may include, but not by way of limitation, alternative educational
programs, restructured school days, additional school days, individualized instruction and
restrictions on extracurricular activities; and
Be it further resolved: That the commissioner of education shall study, review and con-
sider data and other information collected from school districts and accredited nonpublic
schools with regard to maintenance of the competency in basic skills program, evaluate the
effectiveness of the program through surveys of employers and institutions of postsecondary
education, and disseminate appropriate information and summary data concerning the pro-
gram to boards of education, the state board of education, the legislature, the governor,
parents, patrons and other interested parties; and
Be it further resolved: That the secretary of state is hereby directed to transmit an
enrolled copy of this resolution to the commissioner of education.
On motion of Rep. Glasscock, the House recessed until 1:30 p.m.
______
Afternoon Session
The House met pursuant to recess with Speaker pro tem Mays in the chair.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
O'Neal in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. O'Neal, Committee of the Whole report, as follows, was adopted:
Recommended that discussion resume on HB 2607; also on motion of Rep. Helgerson
to amend, the motion did not prevail. Also, on further motion of Rep. Helgerson to amend,
the motion did not prevail. Also, on further motion of Rep. Helgerson to amend, the motion
did not prevail.
Also, on motion of Rep. Minor to amend HB 2607, the motion did not prevail; and the
bill be passed as amended.
INTRODUCTION OF ORIGINAL MOTIONS
On emergency motion of Rep. Glasscock pursuant to House Rule 2311, HB 2607 was
advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS 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, governor's 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, was considered on final action.
On roll call, the vote was: Yeas 76; Nays 46; Present but not voting: 0; Absent or not
voting: 3.
Absent or not voting: Ballard, Henderson, E. Peterson.
The bill passed, as amended.
EXPLANATIONS OF VOTE
Mr. Speaker: In July, a legislative audit found that safety and security at Kansas correc-
tional facilities has been, and is today, in jeopardy as a direct result of inadequate funding
for staff. To cut funding for corrections in light of the audit findings is irresponsible. This
bill puts correctional officers and public safety at increased risk. Public safety should be a
top priority. I vote NO on HB 2607.--Marti Crow
Mr. Speaker: I voted No on HB 2607 due to the cuts made of 2.3 million in Special
Education and no funds for children's mental health prevention and the unnecessary cut of
$23,871 from the Emergency Medical Service Board that administers necessary examina-
tions to students of emergency medical services course and will effect the agency's statutory
and regulatory obligations that provide emergency services to the entire State of Kansas.--
Margaret E. Long
Mr. Speaker: I vote no on HB 2607. This budget takes the side of the bureaucracy at
the expense of public safety, mentally ill children, and the homeless. That loud sigh you
hear is the collective sigh of relief of the Agency heads and bureaucrats, knowing that their
budgets have been shielded. State Administrative costs are barely touched with a 1% cut,
while mental health is cut over 5% and the KBI is slashed almost 8%. I vote for people over
politics. I vote no.--Rocky Nichols
Mr. Speaker: I vote no on HB 2607. There has been a lot said today about priorities.
What are the priorities set forth in this bill? We are reneging on our commitment to our
school children and denying them more expansive educational opportunities. Our most
vulnerable neighbors will continue to languish on waiting lists. The safety and security of
Kansas citizens and communities is jeopardized with cuts in community corrections and
public safety agencies. And, Kansas families will pay more to send their sons and daughters
to college to offset budget shortfalls. The Governor's priorities are vastly different from
mine. I vote NO.--Gene O'Brien
Mr. Speaker: I vote no on HB 2607. While there is a lot to raise concern in this bill,
such as cuts in education and meals for senior citizens, the cuts in public safety are partic-
ularly unconscionable. Salaries for our state corrections officers are cut, despite an audit
that confirms these officers are grossly underpaid and our prisons short-staffed. Funding
for community corrections is cut in spite of increased work loads of our parole officers. The
KBI is slashed regardless of the legislative directive to crack down on meth labs. I will not
accept cuts that compromise the safety and security of Kansas citizens.--Ruby Gilbert,
L. Candy Ruff, Bill Feuerborn, Jonathan Wells, Melany Barnes, Bill Reardon,
Jerry Henry, Tom Burroughs
Mr. Speaker: I vote No on HB 2607. Considering the way this bill has been rushed
through the process, no one fully understands the consequences of our actions today. Cab-
inet agency secretaries and the governor's own budget people cannot adequately explain the
real impact these cuts will have on Kansas people. What is clear is that our communities
will be a little less safe, our children will have fewer educational opportunities and our most
vulnerable citizens will continue to wait for life enhancing services. I will not abdicate my
responsibility to these Kansans, for the sake of the Governor's political convenience.--Bob
Grant, Sue Storm
Mr. Speaker: I vote No on HB 2607. The spending cuts in this bill show a disturbing
lack of concern for the education of our children, the well-being of our seniors and disabled
and safety and security of families and communities. We should set priorities for the state
that reflect our shared values as Kansans--the values of opportunity, responsibility, com-
munity and family. The bill coldly turns a deaf ear to those values and to the priorities of
the people of Kansas.--Geraldine Flaharty, Dixie Toelkes
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 1, by Representative Johnston, honoring Bill N. Fox in recognition of his
unselfish years of commitment to the neighborhood of Riverside and the Riverside Citizens
Association;
Request No. 2, by Representative Johnston, honoring Dale Goter and the Kansas Public
Television System for their commitment to community service and promotion of citizen
participation in the democratic process;
Request No. 3, by Representative Johnston, honoring Constance S. Anderson for her
generosity, sacrifice and commitment to good government;
Request No. 4, by Representative Johnston, honoring Riverside Citizens Association
Volunteers for selfless commitment to community improvement and neighborhood
revitalization;
Request No. 5, by Representative Johnston, honoring Historic Midtown Citizens Asso-
ciation Leadership and other volunteers for commitment to community improvement and
neighborhood revitalization;
Request No. 6, by Representative Johnston, honoring North Riverside Neighborhood
Association leadership and volunteers for selfless commitment to community improvement
and neighborhood revitalization;
Request No. 7, by Representative Johnston, honoring Kelly Johnston for his commitment
to good government;
Request No. 8, by Representative Johnston, honoring Leigh Willson for her commitment
to good government;
Request No. 9, by Representative Johnston, honoring James P. Johnston and Colleen
Kelly Johnston for their commitment to civil rights, good government and public disclosure;
Request No. 10, by Representative Mollenkamp, commending Lynn Aaron Koehn for
achieving Eagle Scout;
Request No. 11, by Representative Mollenkamp, commending Tyson Ray Balluch for
achieving Eagle Scout;
Request No. 12, by Representative Mollenkamp, commending Kurt Kenneth Herzog
for achieving Eagle Scout;
Request No. 13, by Representative Mollenkamp, commending Landon Michael Johnson
for achieving Eagle Scout;
Request No. 14, by Representative Mollenkamp, commending Cory Daniel Leon for
achieving Eagle Scout;
Request No. 15, by Representative Jim Morrison, congratulating Steve Lampe for being
inducted into the Kansas Wrestling Hall of Fame;
Request No. 16, by Representative Dahl, honoring Loren and Lois Nuss on 50 years of
marriage;
Request No. 17, by Representative Wells, congratulating Marie-Claude Boucher, a
member of the Wichita State University 1999 Missouri Valley Conference Women's Cross
Country Championship team;
Request No. 18, by Representative Wells, congratulating Marina Dreyer, a member of
the Wichita State University 1999 Missouri Valley Conference Women's Cross Country
Championship team;
Request No. 19, by Representative Wells, congratulating Tricia Linder, a member of
the Wichita State University 1999 Missouri Valley Conference Women's Cross Country
Championship team;
Request No. 20, by Representative Wells, congratulating Endija Rezgale, a member of
the Wichita State University 1999 Missouri Valley Conference Women's Cross Country
Championship team;
Request No. 21, by Representative Wells, congratulating Kristi Sheeley, a member of
the Wichita State University 1999 Missouri Valley Conference Women's Cross Country
Championship team;
Request No. 22, by Representative Wells, congratulating Karla Spence, a member of
the Wichita State University 1999 Missouri Valley Conference Women's Cross Country
Championship team;
Request No. 23, by Representative Wells, congratulating Victoria Whiteside, a member
of the Wichita State University 1999 Missouri Valley Conference Women's Cross Country
Championship team;
Request No. 24, by Representative Sloan, congratulating Matthew D. Cravens on achiev-
ing Eagle Scout;
Request No. 25, by Representatives Crow and Ruff, commending Delaware Township
Fire Department for teamwork, dedication and professionalism in containing and extin-
guishing the fire at Leavenworth Correctional Facility IEM Building;
Request No. 26, by Representatives Crow and Ruff, commending Tonganoxie Township
Fire Department for teamwork, dedication and professionalism in containing and eztin-
guishing the fire at Leavenworth Correctional Facility maximum security compound;
Request No. 27, by Representatives Crow and Ruff, commending Kickapoo Township
Fire Department for teamwork, dedication and professionalism in containing and extin-
guishing the fire in the maximum security compound of the Lansing Correctional Facility;
Request No. 28, by Representatives Crow and Ruff, commending Sherman Township
Fire Department for teamwork, dedication and professionalism in containing and extin-
guishing the fire in the maximum security compound of the Lansing Correctional Facility;
Request No. 29, by Representatives Crow and Ruff, commending Stranger Township
Fire Department for teamwork, dedication and professionalism in containing and extin-
guishing the fire at Leavenworth Correctional Facility maximum security compound;
Request No. 30, by Representatives Crow and Ruff, commending Leavenworth City
Fire Department for teamwork, dedication and professionalism in containing and extin-
guishing the fire in the maximum security compound of the Lansing Correctional Facility;
Request No. 31, by Representatives Crow and Ruff, commending Dwight D. Eisen-
hower Veterans Administration Hospital Fire Department for teamwork, dedication and
professionalism in containing and extinguishing the fire in the maximum security compound
of the Lansing Correctional Facility;
Request No. 32, by Representatives Crow and Ruff, commending Fort Leavenworth
Fire Department for teamwork, dedication and professionalism in containing and extin-
guishing the fire in the maximum security compound of the Lansing Correctional Facility;
Request No. 33, by Representatives Crow and Ruff, commending employees of Lansing
Correctional Facility for teamwork, dedication and professionalism in fighting the fire in
the vocational education program area;
Request No. 34, by Representative Pottorff, congratulating Women in Government in
recognition of their 10th anniversary;
Request No. 35, by Representative Pottorff, congratulating Wichita Northeast Magnet
School in recognition as one of 13 national winners in the New American School Program;
Request No. 36, by Representative Pottorff, congratulating Bob Knight on his election
as president of the National League of Cities;
Request No. 37, by Representative Toplikar, honoring Frances Koppers on her 100th
birthday and commending her for over 20 years of service to the education of children;
Request No. 38, by Representative J. Peterson, congratulating Linda Runyan for re-
ceiving National Teacher's Certification;
Request No. 39, by Representative J. Peterson, congratulating Robert C. Williams on
receiving Eagle Scout;
Request No. 40, by Representative J. Peterson, congratulating Scott J. Healy on achiev-
ing Eagle Scout;
Request No. 41, by Representative Ballard, congratulating Matthew D. Cravens on
achieving Eagle Scout;
Request No. 42, by Representative Myers, commending Adam Graebner on achieving
Eagle Scout;
Request No. 43, by Representative Weber, congratulating Becky Catlin on being named
Master Teacher;
Request No. 44, by Representative Cox, congratulating R. Bruce Courtney on receiving
the 1999 Milken Educator Award;
Request No. 45, by Representative Phelps, honoring BoB Templeton for 10 years of
dedicated service as Executive Director of the Hays Area Chamber of Commerce;
be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.
On motion of Rep. Glasscock, the committee report was adopted.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were thereupon introduced and read by title:
HB 2634, An act concerning retail sales of certain electricity; providing for consumer
choice; requiring open access to distribution services for that purpose, by Committee on
Utilities.
HB 2635, An act establishing the state education technology network, by Committee on
Education.
HB 2636, An act concerning certain library districts; relating to the Topeka and Shawnee
county library district; amending K.S.A. 1999 Supp. 12-1260 and repealing the existing
section, by Representative Hermes.
HB 2637, An act concerning the location of retail liquor stores, microbreweries and farm
wineries; amending K.S.A. 41-710 and repealing the existing section, by Representative
Jenkins.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Sloan, the House nonconcurred in Senate amendments to Sub. HB 2322 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Holmes, Sloan and McClure as con-
ferees on the part of the House.
CHANGE OF CONFEREES
Speaker pro tem Mays announced the appointment of Rep. Adkins as a member of the
conference committee on SB 39 to replace Rep. Phill Kline.
On motion of Rep. Glasscock, the House adjourned pro forma until 9:00 a.m., Friday,
January 14, 2000.