Topeka, KS, Thursday, February 3, 2000, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with122 members present.
Reps. Glasscock, McKechnie and Powell were excused on excused absence by the
Speaker.
Prayer by Chaplain Svoboda:
Gracious God
we welcome you into this space
again this morning.
As we gather here
remembering all of our previous interactions,
help us to forgive those who have hurt us
and to see how we have hurt others.
As we look to the many things we will be doing today
and for the rest of this session,
help us to be gentle with our words
and forgiving in our hearts.
We ask these things in Your name.
Amen.
The Pledge of Allegiance was led by Rep. Tomlinson.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2846, An act concerning the state and political subdivisions thereof; relating to certain
contracts and bids therefor; amending K.S.A. 75-3740a and repealing the existing section,
by Representative Horst (By request).
HB 2847, An act concerning the school safety and security act; relating to pupil
information reporting requirements; amending K.S.A. 1999 Supp. 72-89b03 and repealing
the existing section, by Representative Horst.
HB 2848, An act concerning workers compensation; relating to the duties of employers;
amending K.S.A. 1999 Supp. 44-532 and repealing the existing section, by Committee on
Business, Commerce and Labor.
HB 2849, An act concerning electric public utilities; relating to inclusion of certain
property in ratebase; amending K.S.A. 1999 Supp. 66-128 and repealing the existing section,
by Committee on Utilities.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
On motion of Rep. Kuether, HR 6007, A resolution in memory of Onan C. Burnett, was
adopted.
INTRODUCTION OF GUESTS
Rep. Kuether introduced Norma Jean Burnett, wife of Onan Burnett, and other members
of his family.
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
On motion of Rep. McKinney, HR 6008, A resolution in memory of Marvin M. Cox,
was adopted.
CONSENT CALENDAR
No objection was made to HB 2661, 2662, 2663 appearing on the Consent Calendar
for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Speaker pro tem Mays announced that order of business Final Action on Bills and
Concurrent Resolutions would be passed over until Monday, February 7.
On motion of Rep. Weber, the House went into Committee of the Whole, with Rep.
Reardon in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Reardon, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2592, 2600 be passed.
Committee report recommending a substitute bill to Sub. HB 2290 be adopted; also, on
motion of Rep. McKinney be amended on page 1, after line 11, by inserting:
``Section 1. Any public utility subject to the jurisdiction of the state corporation
commission which, directly or indirectly, loans its funds or pledges its credit to any person
or entity having an affiliated interest shall report the terms and conditions of such loan or
pledge of credit to the state corporation commission not less than 10 days before making
such loan or pledging such credit.'';
Also on page 1, in line 12, by striking ``Section 1.'' and inserting ``Sec. 2.''; in line 13, by
striking ``2'' and inserting ``3'';
In the title, in line 9, after ``ACT'' by inserting ``relating to certain loans and pledges of
credit by certain public utilities;''; also in line 9, by striking ``, relating to public utilities'';
and Sub. HB 2290 be passed as amended.
On motion of Rep. Dahl to amend HB 2241, the motion did not prevail, and the bill be
passed.
Committee report to Sub. SB 243 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Financial Institutions recommends HB 2676 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
The Committee on Financial Institutions recommends HB 2691 be amended on page
4, in line 14, by striking ``16a-3-310'' and inserting ``16a-3-308a'';
On page 13, in line 9, by striking ``statute book'' and inserting ``Kansas register'' and the
bill be passed as amended.
The Committee on Financial Institutions recommends HB 2647 be not passed.
The Committee on Health and Human Services recommends NB 2696 be passed.
The Committee on Health and Human Services recommends HB 2695 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
The Committee on Transportation recommends HB 2643 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 87, by Representative Lightner, congratulating Kent Hackman on achieving
Eagle Scout;
Request No. 88, by Representative Showalter, commending George Gurley for his
service and on his retirement as Fire Chief of the Winfield Fire Department;
Request No. 89, by Representative Sloan, congratulating Victor H. Tuttle on achieving
Eagle Scout;
Request No. 90, by Representative Johnson, congratulating Shawn Frederking for
winning the state competition in the Veterans of Foreign Wars Voice of Democracy essay
contest;
Request No. 91, by Representative Tomlinson, honoring Irene Bandel on her 100th
birthday;
Request No. 92, by Representative Jennison, congratulating Rep. Larry Campbell for
being honored as the Olathe Citizen of the Year by the Olathe Area Chamber of Commerce;
Request No. 93, by Representatives Garner and Glasscock, commending Kansans with
Developmental Disabilities and their families for the work being done to keep families
together, encouraging work according to ability, and creating openness for all citizens;
Request No. 94, by Representative Adkins, commending the gentlemen of Theta Xi
Fraternity at Kansas State University in recognition of their sustained commitment to
academic excellence;
Request No. 95, by Representative Adkins and members of the House Committee on
Appropriations, commending the staff and students of Wyandotte High School in
recognition of their commitment to excellence in public education;
Request No. 96, by Representative McKechnie, commending Mark L. Johnson, in
recognition of being chosen Outstanding Educator of the Year 2000 by the Association for
Career and Technical Education;
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. Weber, 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 and concurrent resolution were thereupon introduced and read by
title:
HB 2850, An act concerning purchases by and contracts entered into by the director of
purchases; amending K.S.A. 75-3740 and repealing the existing section, by Committee on
Local Government.
HB 2851, An act relating to credit card solicitation; prohibiting certain practices regarding
solicitation thereof at institutions of higher learning, by Representatives Nichols, Garner
and Tanner.
HB 2852, An act concerning the department of administration; creating the statewide
employee development fund; authorizing an assessment against state agency payrolls and
prescribing the purposes therefor, by Kansas 2000 Select Committee.
HB 2853, An act concerning political subdivision budget expenditures from revenues
produced by property tax levies; providing limitations thereon; repealing K.S.A. 1999 Supp.
79-2925b, by Committee on Taxation.
HB 2854, An act concerning elections; relating to ballots and ballot applications; relating
to election machines; amending K.S.A. 25-1329 and 25-4406 and K.S.A. 1999 Supp. 25-
1122d and 25-2316c and repealing the existing sections, by Committee on Governmental
Organization and Elections.
HB 2855, An act concerning the restraint of trade; amending K.S.A. 50-103, 50-109, 50-
110, 50-131, 50-132, 50-133, 50-137, 50-139 and 50-153 and repealing the existing sections;
also repealing K.S.A. 50-104, 50-105, 50-106, 50-107, 50-114, 50-118, 50-119, 50-121, 50-
122, 50-123, 50-124, 50-125 and 50-126, 50-127, 50-128, 50-129, 50-130, 50-134, 50-138,
50-140, 50-141, 50-142, 50-143, 50-144, 50-145, 50-146, 50-150, 50-151, 50-152, 50-154,
50-155 and 50-156, by Committee on Judiciary.
HB 2856, An act concerning docket fees; establishing the judicial branch nonjudicial
salary initiative fund; relating to compensation for certain nonjudicial employees in the
judicial branch; amending K.S.A. 20-1a04 and K.S.A. 1999 Supp. 8-2107, 20-367, 28-172a,
60-2001, 61-2501 and 61-2704 and repealing the existing sections; also repealing K.S.A.
1999 Supp. 20-367a, by Committee on Appropriations.
HB 2857, An act creating the wildlife and parks nonrestricted fund, by Committee on
Appropriations.
HB 2858, An act authorizing the Kansas department of wildlife and parks to exceed
established expenditure limitations for compliance with federal aid expenditure
requirements, by Committee on Appropriations.
HB 2859, An act prohibiting sales of certain motor-vehicle fuel and providing penalties
for violations, by Committee on Environment.
HB 2860, An act concerning solid waste; amending K.S.A. 1999 Supp. 65-3415, 65-3415a
and 65-3415b and repealing the existing sections, by Committee on Environment.
HB 2861, An act concerning waste tires; amending K.S.A. 1999 Supp. 65-3424, 65-3424f,
65-3424g and 65-3424m and repealing the existing sections, by Committee on Environment.
HB 2862, An act concerning school districts; relating to the provision of transportation
for nonresident pupils; amending K.S.A. 1999 Supp. 72-1046b, 72-8303 and 72-8309 and
repealing the existing sections, by Committee on Education.
HB 2863, An act concerning big game; relating to deer permits; amending K.S.A. 1999
Supp. 32-937 and repealing the existing section, by Committee on Agriculture.
HOUSE CONCURRENT RESOLUTION No. 5062--
By Representative Edmonds
A PROPOSITION to amend sections 4 and 7 of article 6 of the constitution
of the state of Kansas, relating to education.
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 members 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:
Sections 4 and 7 of article 6 of the constitution of the state of Kansas are hereby amended
to read as follows:
``§ 4. CommissionerSecretaryof education. The state board of education governor shall appoint a commissionersecretary of education, subject to confirmation by the senate, who shall serve at the pleasure of the board as its executive officer governor. The secretary of education shall be a member of the governor's cabinet and shall act as a liaison between the governor and the state board of education. The secretary of education shall be chairperson of the state board of education, but shall not be a member of the state board and shall vote only when the members of the state board are equally divided. The secretary of education shall perform such other duties as may be prescribed by law.
``§ 7. Savings clause.(a) All laws in force at the time of the adoption of this
amendment and consistent therewith shall remain in full force and effect until amended
or repealed by the legislature. All laws inconsistent with this amendment, unless sooner
repealed or amended to conform with this amendment, shall remain in full force and
effect until July 1, 19692001.
(b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruction shall be elected after January 1, 1967.
(c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would provide constitutional status for a
secretary of education who would be appointed by the governor, subject to confirmation
by the senate. The state board of education is composed of 10 members and there is no
provision in the constitution for the breaking of a tie vote. This amendment would
provide a means for the breaking of a tie vote by the state board of education.
``A vote for this proposition would require the appointment of a secretary of education
by the governor, subject to confirmation by the senate. The secretary of education would
be a member of the governor's cabinet, would act as a liaison between the office of
governor and the state board of education, would serve as chairperson of the state board
and would have the authority to break tie votes of the state board.
``A vote against this proposition would foreclose the opportunity for appointment of
a secretary of education who would provide for better communication between the
governor and the state board of education. A vote against this proposition also would
continue in effect the current lack of a means for breaking tie votes of the state board
of education.''
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 in the year 2000 unless a special election is called at a
sooner date by concurrent resolution of the legislature, in which case it shall be submitted
to the electors of the state at the special election.
On motion of Rep. Weber, the House adjourned pro forma until 9:00 a.m., Friday,
February 4, 2000.