Topeka, KS, Thursday, January 20, 2000, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 122 members present.
Reps. E. Peterson and Spangler were excused on verified illness.
Rep. Flaharty was excused on excused absence by the Speaker.
Prayer by guest chaplain, Father Edouard de Mentque, fssp., St. Philippine Duchesne
Latin Mass Community, Kansas City, and guest of Rep. O'Connor:
In the Name of the Father and of the Son and of the Holy Spirit amen.
As we start this new day of work as representatives of the people of Kansas, Lord,
we turn our hearts, and minds towards you, to acknowledge that you are our God,
and that nothing in our lives should be done without asking ourselves what you want
us to be and how you want us to live.
We belong to you, oh Lord--you who created us to know, love and serve you. So
even if we do have a certain amount of power in this world, due to our political
mandate, we remember that we cannot be too proud in our use of this power. For
we remember, too, that on the day of our judgment, we must give a precise account
of whatever we have done, or said, in this life.
Help us to say and stand for what is right and what is true, especially when it
comes to defend life, the life of the unborn. In a world, where everybody is busy
trying to defend or impose his or her own individualistic rights, help us, Lord, to be
more interested in fighting for your rights.
Your right to be recognized as our creator, our ruler, and your right to be present
in our families, in our schools, in our courts, in our states.
Lord, I know that I have a mission, ``I am a link in a chain, a bond of connection
between persons. You, my God, have not created me for nothing . . . Therefore I
will trust you. Whatever I am, wherever I am, I can never be thrown away. You,
Lord, you do nothing in vain. ``You know what you are about.'' (cf. Card. Newman)
I trust in your Divine providence and today I offer you my work, my effort to
serve you, to serve the people of Kansas to the best of my ability, with faith, hope
and charity.''
In the name of the Father and of the Son and of the Holy Spirit, amen.
The Pledge of Allegiance was led by Rep. Vining.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2664, An act concerning retirement; relating to deferred compensation and tax shel-
tered annuities; amending K.S.A. 72-8603, 75-5523, 75-5524 and 75-5529a and repealing
the existing sections, by Kansas 2000 Select Committee.
HB 2665, An act concerning retirement; relating to a pension equity option for members
of the Kansas public employees retirement system; amending K.S.A. 1999 Supp. 74-4918
and repealing the existing section, by Kansas 2000 Select Committee.
HB 2666, An act concerning retirement; relating to an optional defined contribution plan
for members of the Kansas public employees retirement system who are nonjudicial em-
ployees in the judicial branch, by Kansas 2000 Select Committee.
HB 2667, An act concerning retirement; relating to optional defined contribution plan
for certain unclassified employees who are members of the Kansas public employees re-
tirement system, by Kansas 2000 Select Committee.
HB 2668, An act concerning retirement; relating to defined contribution plan for em-
ployees who are members of the Kansas public employees retirement system, by Kansas
2000 Select Committee.
HB 2669, An act concerning the developmental disabilities reform act; relating to intake
and service referral functions and treatment and care service functions; amending K.S.A.
1999 Supp. 39-1801, 39-1803, 39-1804, 39-1805 and 39-1806 and repealing the existing
sections, by Legislative Post Audit Committee.
HB 2670, An act concerning cigarettes and tobacco products; relating to the regulation
of the sales thereof; amending K.S.A. 79-3301, 79-3302 and 79-3321 and K.S.A. 1999 Supp.
79-3322 and repealing the existing sections, by Committee on Federal and State Affairs.
HB 2671, An act concerning the probate code; relating to estate taxes; amending K.S.A.
59-808, 59-1410, 59-1413, 59-2249, 59-2251, 59-2286, 59-2287, 59-3204 and 59-3302 and
repealing the existing sections, by Committee on Judiciary.
HB 2672, An act concerning taxation; relating to estates; amending K.S.A. 1999 Supp.
79-15,107, 79-15,114, 79-15,123 and 79-15,124 and repealing the existing sections, by Com-
mittee on Judiciary.
HB 2673, An act concerning the probate code; amending K.S.A. 59-403, 59-1507a, 59-
1507b, 59-2215, 59-2237, 59-2287 and 59-2401 and K.S.A. 1999 Supp. 59-6a215 and re-
pealing the existing sections, by Committee on Judiciary.
HB 2674, An act concerning agriculture; relating to grain commodity commissions;
amending K.S.A. 2-3003 and K.S.A. 1999 Supp. 2-3001, 2-3002, 2-3005, 2-3006, 2-3007, 2-
3008, 2-3009 and 2-3013 and repealing the existing sections; also repealing K.S.A. 2-2601,
2-2602, 2-2603, 2-2604, 2-2605, 2-2606, 2-2607, 2-2608, 2-2609, 2-2610 and 2-2612 and
K.S.A. 1999 Supp. 2-2613, by Committee on Agriculture.
HB 2675, An act amending the uniform consumer credit code; relating to the sale of
manufactured homes; amending K.S.A. 1999 Supp. 16a-2-201 and 16a-2-401 and repealing
the existing sections, by Committee on Financial Institutions.
HB 2676, An act relating to banks and trust companies; concerning board of directors;
amending K.S.A. 1999 Supp. 9-1114 and repealing the existing section, by Committee on
Financial Institutions.
HB 2677, An act relating to insurance; concerning title insurance; amending K.S.A. 1999
Supp. 40-1137 and repealing the existing section, by Committee on Financial Institutions.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2660.
Education: HB 2655.
Environment: HB 2658, 2659.
Federal and State Affairs: HB 2653, 2654.
Financial Institutions: HB 2647.
Governmental Organization and Elections: HB 2656.
Insurance: HB 2640, 2648, 2649, 2650, 2651, 2652.
Local Government: HB 2646, 2661, 2662, 2663.
Transportation: HB 2641, 2642, 2643; HCR 5053.
Utilities: HB 2644, 2657.
Kansas 2000 Select: HB 2645.
MESSAGE FROM THE SENATE
The Senate adopts the conference committee report to agree to disagree on SB 39 and
has appointed Senators Kerr, Salisbury and Petty as second conferees on the part of the
Senate.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
On emergency motion of Rep. Bethell, HR 6005, by Reps. Bethell, Aday, Adkins, Alldritt,
Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Boston, Burroughs, Campbell, Car-
mody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Empson, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gil-
bert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, John-
ston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light,
Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, My-
ers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tan-
ner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei-
land, Wells, Welshimer and Wilk, as follows, was introduced and adopted:
HOUSE RESOLUTION No. 6005--
A RESOLUTION in memory of Ansel W. Tobias.
WHEREAS, Ansel W. Tobias, 87, of Lyons, died January 11, 2000, at the Hutchinson
Hospital;
WHEREAS, Ansel W. Tobias, a Republican, served six terms in the Kansas House of
Representatives from 1964 to 1976 as a representative of the 106th District from Rice
County. He was elected Speaker Pro Tem of the House of Representatives in 1974. Later
he continued his governmental service as a member of the Kansas Silver Haired Legislature.
His expertise in the legislative process caused him to be greatly respected by others in state
government; and
WHEREAS, Ansel W. Tobias was born March 6, 1912, in Lyons. He attended Kansas
State University. He was engaged in farming and in the business of sand and gravel pro-
duction and ready-mixed concrete. He was an owner of Tobias, Birchenough & Wright
Redi-Mix in Lyons. He was an elder and trustee of the First Christian Church; a board
member of Rice County Hospital District #1, Chandler National Bank, Sterling College,
Christian Home of Newton, and Ricedco; and a member of Kiwanis, Masons, Shrine and
the Lyons Chamber of Commerce; and
WHEREAS, Ansel W. Tobias married Beulah Slider on November 30, 1985. She sur-
vives. Also surviving are a daughter, Ann Harbacek of Hutchinson, stepsons Bill Slider, West
River, Maryland and Michael Slider, Olathe, stepdaughters Patti Slider and Sandra Slider,
both of Topeka, one sister, six grandchildren, six great-grandchildren, and three step-grand-
children. He was preceded in death by a wife, the former Helen M. Monroe, and a son,
Terry Tobias: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family and friends of Ansel W. Tobias; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send an enrolled copy of this resolution to Mrs. Beulah Tobias, RR 2, Lyons, Kansas
67554.
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
On motion of Rep. Grant, HR 6004, A resolution congratulating and commending Dr.
Robert V. Haderlein for his many years of service to public education in Kansas, was
adopted.
UNFINISHED BUSINESS
Speaker pro tem Mays appointed Reps. Adkins, Neufeld and Reardon as second conferees
on the part of the House on SB 39 (see previous action, HJ p. 1270).
CONSENT CALENDAR
No objection was made to HB 2592 appearing on the Consent Calendar for the first day.
REPORTS OF STANDING COMMITTEES
The Committee on Utilities recommends Substitute for HB 2290, as amended by
Senate Committee of the Whole, be amended by substituting a new bill to be designated
as ``Substitute for HOUSE BILL No. 2290,'' as follows:
``Substitute for HOUSE BILL No. 2290
By Committee on Utilities
``AN ACT repealing K.S.A. 66-1213, relating to public utilities.'';
and the substitute bill be passed.
(Sub. HB 2290 was thereupon introduced and read by title.)
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 46, by Representative Jim Morrison, congratulating Jeremy D. Sekavec for
achieving Eagle Scout;
Request No. 47, by Representative Jim Morrison, congratulating Brent L. Oelke for
achieving Eagle Scout;
Request No. 48, by Representative Hermes, commending William Feiden for outstand-
ing public service to the St. Marys' Fire Department;
Request No. 49, by Representative Hermes, commending Rob Manes, Assistant Sec-
retary- Operations, Wildlife and Parks, for his dedicated service to the state of Kansas;
Request No. 50, by Representative Dreher, congratulating Mendy Lynn Goble for being
named to the President's Honor Roll at Washburn University;
Request No. 51, by Representative Dreher, congratulating Fern Lassman on her 100th
birthday;
Request No. 52, by Representative Dreher, congratulating Walter Wulf on his 100th
birthday;
Request No. 53, by Representative Nichols, congratulating Nancy Jo Allen, Nikki Boyd-
ston, Amy Jo Hendrix, Lawrence Kassin, Margarita Kolyada, Sheri D. Paydari, Georffrey
Sonntag and Susan K. Lytle for being named to the President's Honor Roll at Washburn
University;
Request No. 54, by Representative Tanner, congratulating Frances S. Gleisberg on her
80th birthday;
Request No. 55, by Representative Tanner, congratulating Kimberly Bessette for being
named to the President's Honor Roll at Washburn University;
Request No. 56, by Representative Tanner, congratulating Melanie McDowell for being
named to the President's Honor Roll at Washburn University;
Request No. 57, by Representative Glasscock, honoring Rebecca L. Havlicek for being
named to the President's Honor Roll at Washburn University;
Request No. 58, by Representative Hermes, congratulating Forrest and Gloria Davidson
on 50 years of marriage;
Request No. 59, by Representative Hermes, congratulating Charlie and Dorothy Holmes
on 50 years of marriage;
Request No. 60, by Representative Hayzlett, congratulating Suzanne Germes, KSU 1999
Rural Administrator of the Year;
Request No. 61, by Representative Hayzlett, congratulating Kim Nave, Kansas Teacher
of the Year Semifinalist, Congressional District #1;
Request No. 62, by Representative Hayzlett, congratulating Sandy Wanklyn, Kansas
Council for Social Studies ``Excellence in Teaching'' Award;
Request No. 63, by Representative Hayzlett, congratulating Carol Panzer, National Cer-
tification as a Teacher;
Request No. 64, by Representative Weber, congratulating Barbara Stensaas, 1999 Vol-
unteer of the Year, Abilene Chamber of Commerce;
Request No. 65, by Representative Weber, congratulating Dr. Donald Rorabaugh, 1999
Distinguished Citizen of the Year, Abilene Chamber of Commerce;
Request No. 66, by Representative Weber, congratulating all the employees of Duck-
wall- Alco Stores, Inc., Glen Shank, President, 1999 Quiet Hero of the Year, Abilene Cham-
ber of Commerce;
Request No. 67, by Representative Henderson, in memory of Elder Floyd Henry
Thuston;
Request No. 68, by Representative Ballard, congratulating Mark Steven Becker on
achieving Eagle Scout;
Request No. 69, by Representative Ballard, congratulating Jason V. Chronister on
achieving Eagle Scout;
Request No. 70, by Representative Ballard, congratulating Joshua R. Bailey on achieving
Eagle Scout;
Request No. 71, by Representative Ballard, congratulating Craig Alan Van Blaricum on
achieving Eagle Scout;
Request No. 72, by Representative Krehbiel, congratulating Matthew Stucky, winner of
the American Academy of Family Physicians National Anti-Smoking Poster Contest;
Request No. 73, by Representative Krehbiel, congratulating the Moundridge Wildcats
1999 Class 2A State Volleyball Champions;
Request No. 74, by Representative Tanner, congratulating Lindsay Messenger, Chris
Mikrut, Ian Campbell, Kimberly Rowland, Victor Ojeleye, Roseanne Fuller, Lance Briggs,
Michelle Evans, Jesse Dickerhoof, Shanna Clark, Matt Zabloudil, Whitney Coen, and Cam-
eron Norwood, winners in the Martin Luther King, Jr. Essay Contest;
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 2678, 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 Committee on
Taxation.
HB 2679, An act relating to income taxation; providing for a credit therefrom for certain
expenses incurred by a small business, by Committee on Taxation.
HB 2680, An act amending and supplementing the Kansas and Missouri metropolitan
culture district compact; amending K.S.A. 1999 Supp. 12-2536 and repealing the existing
section, by Committee on Taxation.
HB 2681, An act concerning prescription plans; relating to capitation of payments;
amending K.S.A. 1999 Supp. 40-4605 and repealing the existing section, by Committee on
Insurance.
HB 2682, An act concerning consumer protection; relating to the definition of consumer;
amending K.S.A. 50-624 and repealing the existing section, by Committee on Judiciary.
HB 2683, An act concerning criminal procedure; relating to the collection of information
on traffic stops. Committee on Judiciary.
HB 2684, An act concerning civil procedure; relating to habeas corpus; amending K.S.A.
60-1507 and repealing the existing section, by Committee on Judiciary.
HB 2685, An act concerning the Kansas fair credit reporting act; amending K.S.A. 50-
701, 50-702, 50-703, 50-704, 50-705, 50-706, 50-708, 50-709, 50-710, 50-711, 50-714, 50-
715, 50-716, 50-717, 50-718, 50-719, 50-720, 50-721 and 50-722 and repealing the existing
sections, by Special Committee on Judiciary.
HB 2686, An act enacting the plumbing, mechanical, heating, refrigeration, air-condi-
tioning and ventilation license law and protection act; regulating such practices and pre-
scribing certain guidelines and powers, duties and functions for the secretary of health and
environment; establishing the Kansas state advisory board of plumbing and mechanical,
heating, ventilation, refrigeration and air-conditioning, by Committee on Federal and State
Affairs.
HB 2687, An act concerning the real estate brokers' and salespersons' license act; relating
to certain prohibited acts; relating to compensation for services; amending K.S.A. 58-3038
and K.S.A. 1999 Supp. 58-3034, 58-3035 and 58-3062 and repealing the existing sections,
by Committee on Federal and State Affairs.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6006--
By Representatives Larkin, Aday, Dahl, Dean, Faber, Flower, Geringer, Gregory, Hayzlett,
Henry, Hutchins, Jennison, Phill Kline, Lightner, Lloyd, P. Long, Mayans, Mays, Mc-
Clure, Mollenkamp, Jim Morrison, Myers, O'Connor, Osborne, Pauls, Phelps, Powers,
Reardon, Ruff, Shultz, Thimesch, Toplikar and Vickrey
A RESOLUTION requiring the attorney general to bring action to determine the consti-
tutionality of Kansas statutes, administrative orders and executive orders that allow the
termination, or the use of state funds or facilities in the termination, of the lives of
innocent human beings including the unborn.
WHEREAS, The constitution of Kansas provides for the basic organization of state gov-
ernment, defines and limits the powers of the state and guarantees certain fundamental
rights to all men; and
WHEREAS, The Bill of Rights of the constitution is a declaration of the basic rights of
all men that may not be denied or infringed upon by the state or any local government; and
WHEREAS, The United States Supreme Court holds that the very purpose of a Bill of
Rights was to withdraw certain subjects from political debate, to place them beyond the
reach of majorities and officials and to establish them as legal principles to be applied by
the courts. (See West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638
(1943)); and
WHEREAS, Section one of the Bill of Rights of the constitution of Kansas states that
``All men are possessed of equal and inalienable natural rights, among which are life, liberty,
and the pursuit of happiness.'' The right to life, logically enumerated first, is the basic, most
fundamental right without which all others are meaningless; and
WHEREAS, The term ``men'' is accepted to include adult males, women, and children,
in other word, all human beings; and
WHEREAS, All medical and scientific evidence acknowledges and affirms that children
before birth share all the basic attributes of human personality--that they in fact are iden-
tifiable individual human beings; the unborn child is considered a person for purposes of
qualifying for medical care under the federal medicaid program; modern medicine treats
unborn children as patients; through ultrasound imaging and other techniques we can see
the child's amazing development; by using DNA profiling, before birth, indeed, even before
the new being is implanted in her mother's womb, we can be absolutely sure we are mon-
itoring the same individual from conception/fertilization through the various stages of
growth; and
WHEREAS, The legislature of the state of Kansas has acknowledged, even as recently
as 1994, that a human being exists before birth by requiring the postponement of the exe-
cution of a pregnant convict ``until the child is born.'' [K.S.A. 22-4009 (b)]; and
WHEREAS, The Kansas supreme court acknowledged in Smith v. Deppish, 248 Kansas
217, 231 (1991) that ``we humans create human offspring by transferring our DNA to our
children'' and that this is done ``during reproduction . . . ,'' also known biologically as
fertilization or conception, or both. The Court further acknowledged in Smith v. Deppish,
248 Kansas 217, 232 (1991) that ``each persons'' DNA can be ``individualized''; and
WHEREAS, A controversy now exists when the pregnancy of a woman constitutes the
presence of a second person in order to qualify for medicaid while at the same time allowing
such funds to be expended for the purpose of terminating the life of that ``second person''
as well as the lives of other preborn human beings. Through the use of matching funds in,
and the administration of, the medicaid program and the use of state facilities in the ter-
mination of the lives of innocent human beings, the state has become a direct party in
violating section 1 of the Bill of Rights of the constitution of Kansas; and
WHEREAS, This matter involves issues of law which have never been resolved by the
courts of the state of Kansas except to the extent questions have been raised in the Kansas
Supreme Court by City of Wichita vs. Elizabeth A. Tilson, 253 Kansas 285 (1991): Now,
therefore,
Be it resolved by the House of Representatives of the State of Kansas: That, based on
undeniable medical, biological and scientific facts, we do hereby acknowledge and affirm
that the unborn children in the state of Kansas have an equal and inalienable right to life
from conception/fertilization and that allowing the termination of the lives of innocent hu-
man beings even before birth violates section 1 of the Bill of Rights of the Kansas Consti-
tution; and
Be it further resolved: That in accordance with K.S.A. 75-702, the attorney general of
the state of Kansas is hereby required to seek final solution of this issue in the supreme
court of the state of Kansas and such other courts as may be warranted; the attorney general
is further directed to bring action in mandamus and quo warranto against the governor as
chief executive officer of the state and the secretary of social and rehabilitation services as
administrative officer of the medicaid program in Kansas for the granting of a prospective
permanent injunction barring the defendants from expending state funds for the purpose
of paying for the termination of the lives of innocent human beings, whether in utero or ex
utero; and the attorney general is further directed and ordered to plead to the court that
upon conception/fertilization there is life, that this life is that of a human being and to
further plead to the court to acknowledge and affirm that this human being is an ``individual'',
a ``man'' under the constitution of the state of Kansas. The most recent medical, biological,
and scientific facts and developments, especially those concerning the beginning of life and
the incontestable reliance on DNA profiling as a positive means of identification, must be
presented to the court in support of the above mentioned plea.
COMMITTEE ASSIGNMENT CHANGES
Speaker pro tem Mays announced the following changes in committee assignments:
Rep. Larkin will replace Rep. Flora on Committee on Agriculture; Rep. Flora will replace
Rep. Larkin on Committee on Financial Institutions.
On motion of Rep. Glasscock, the House adjourned pro forma until 9:00 a.m., Friday,
January 21, 2000.