The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 122 members present.
Reps. Empson and Mayans were excused on verified illness.
Rep. Haley was excused on excused absence by the Speaker.
Present later: Rep. Haley
Prayer by guest chaplain, Deacon Harry W. Craig, Jr., St. David's Episcopal Church,
Topeka, and guest of Rep. Kuether:
Lord we ask your blessing on the men and women gathered here this day
whom you have called to be policy makers for this great state.
Lord as we go about your work this day, keep us from becoming talkative
and possessed with the idea that we must express ourselves on every subject.
Release us from the craving to straighten out everyone else's affairs. Teach
us the glorious lesson that occasionally we may be wrong. Make us helpful,
but not bossy. And with the vast store of wisdom and experience, which you
have given us, it does seem a pity not to use it all--but thou knowest Lord,
that we want a few friends left at the end of the day. Amen.
The Pledge of Allegiance was led by Rep. Dean.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2868, An act concerning the disposition of certain seized firearms; amending K.S.A.
79-5205, 79-5211 and 79-5212 and K.S.A. 1999 Supp. 79-3235 and 79-3617 and repealing
the existing sections, by Committee on Federal and State Affairs.
HB 2869, An act relating to accident and health insurance; providing coverage for social
anxiety disorder; amending K.S.A. 1999 Supp. 40-2,103 and 40-19c09 and repealing the
existing sections, by Committee on Appropriations.
HB 2870, An act concerning alcoholic beverages; concerning certain licensees; relating
to bond requirements; amending K.S.A. 41-301, 41-316, 41-317, 41-502, 79-4106 and 79-
41a03 and repealing the existing sections, by Representative Sloan.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HB 2866.
Judiciary: HB 2867.
Local Government: HB 2864.
Taxation: HB 2865.
COMMUNICATIONS FROM STATE OFFICERS
From Meredith Williams, Executive Secretary, Kansas Public Employees Retirement
System, Comprehensive Annual Financial Report for fiscal year ending June 30, 1999.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
Announcing rejection of HB 2031, 2240.
CONSENT CALENDAR
Objection was made to HB 2695 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to HB 2643, 2676 appearing on the Consent Calendar for the
first day.
No objection was made to HB 2661, 2662, 2663 appearing on the Consent Calendar
for the second day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2241, An act concerning certain county officers; relating to qualifications thereof;
amending K.S.A. 19-301, 19-501 and 19-1201 and K.S.A. 1998 Supp. 19-801b and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 2; Present but not voting: 0; Absent or not
voting: 3.
Sub. HB 2290, An act relating to certain loans and pledges of credit by certain public
utilities; repealing K.S.A. 66-1213, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
Sub. HB 2581, An act concerning abortion; relating to partial birth abortion; amending
K.S.A. 1999 Supp. 65-6721 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 85; Nays 37; Present but not voting: 0; Absent or not
voting: 3.
EXPLANATIONS OF VOTE
Mr. Speaker: The last time this body voted on legislation to ban partial birth abortions
the bill passed and the law allowed partial birth abortions. For that . . . I am sorry.
I do not know, I cannot measure what this bill before us means. For that, I am truly sorry.
I vote no on Sub. HB 2581. For that, I am truly, deeply sorry.--Richard Alldritt
Mr. Speaker: I voted ``No'' on Sub. HB 2581. Looking at the course of human endeavor,
we sometimes discover that not all problems yield to a legislative remedy. While partial
birth abortion is abhorrent to all of us, I believe the place for this decision is in the heart
and mind of the expectant mother, in communion with her conscience and her God. We
will not solve this issue by statutory enactments.--Ralph M. Tanner
Mr. Speaker: I vote No on Sub. HB 2581. After seeking out information from many
medical experts, I have serious doubts and concerns about the intent of this bill. While I
agree that the ``partial-birth'' procedure needs to be addressed, the intent of this bill is not
consistent with what I believe a bill dealing with partial-birth abortion should ultimately
accomplish.
Regretfully, I believe this legislature will revisit this emotional issue yet again, because I
believe Sub. HB 2581 will be found unconstitutional.--Bonnie Sharp
Mr. Speaker: I vote No on Sub. HB 2581. While I would like to see a ban on partial
birth abortions, I will not vote to do so at the detriment of good health care for women,
including abortion. Without exceptions for post viable rape, incest, mental health and severe
fetal abnormality pregnancies, we are driving desperate women to the old ways of back alley
butcher shops. These decisions should not be made by politicians. They should be made by
a woman, her family, her doctor and her God.--Lisa Benlon, David Adkins
Mr. Speaker: I vote yes on Sub. HB 2581. The Kansas Constitution in Article One of
the Bill of Rights guarantees that we have an inalienable natural right to life.
An ``inalienable right to life: means that this right is so fundamental in the natural order of
things in this world that it can never, ever, be taken away.
That is why the right to life has the prominence of being first in our Bill of Rights--without
its guarantee no other rights can stand.
I have sworn before Almighty God and the great people of this state to uphold and defend
our Constitution.--John Toplikar
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, was considered on final action.
On roll call, the vote was: Yeas 119; Nays 2; Present but not voting: 1; Absent or not
voting: 3.
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, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 4; Present but not voting: 0; Absent or not
voting: 3.
Sub. SB 243, An act concerning electric generation facility siting; amending K.S.A. 66-
1,159, 66-1,160, 66-1,161, 66-1,162, 66-1,169a and 66-1,169c and K.S.A. 1999 Supp. 66-
1,158 and 66-1,169b and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Freeborn in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Freeborn, Committee of the Whole report, as follows, was adopted:
Recommended that on motion of Rep. Faber to refer HB 2655 to Committee on
Taxation, the motion did not prevail, and the bill be passed.
REPORTS OF STANDING COMMITTEES
The Committee on Governmental Organization and Elections recommends SB 375
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 Governmental Organization and Elections recommends HB 2627 be amended on page 1, by striking all in lines 19 through 22 and inserting ``(4) all
officers and employees of the executive branch of state government; and''; in line 23, by
striking ``(6)'' and inserting ``(5)'';
On page 2, in line 34, by striking all after ``ployee''; in line 35, by striking all before ``shall'';
in line 38, by striking ``on governmental standards and conduct'';
On page 3, in line 3, by striking all after ``the''; in line 4, by striking ``fund'' and inserting
``governmental ethics fee fund established by K.S.A. 25-4119e, and amendments thereto'';
in line 35, following ``gift'' by inserting ``, entertainment''; in line 39, following ``gift'' by
inserting ``, entertainment''; in line 40, following ``hospitality'' by inserting ``and the amount
expended on such gift, entertainment or hospitality'';
On page 4, in line 1, by striking all after ``at''; by striking all in lines 2, 3 and 4 and inserting
``an event where all members of the legislature or all members of the house of
representatives or senate have been invited to attend;''; in line 12, by striking ``Whenever''
and inserting ``Except as provided by subsection (c), whenever''; following line 26, by
inserting the following:
``Sec. 3. K.S.A. 1999 Supp. 46-237 is hereby amended to read as follows: 46-237. (a) Except as provided by this section, no state officer or employee, candidate for state office
or state officer elect shall accept, or agree to accept any (1) economic opportunity, gift, loan,
gratuity, special discount, favor, hospitality, or service having an aggregate value of $40 or
more in any calendar year or (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year from any one person known to have a special
interest, under circumstances where such person knows or should know that a major purpose
of the donor is to influence such person in the performance of their official duties or
prospective official duties.
(b) Except as provided by this section, no person with a special interest shall offer, pay,
give or make any (1) economic opportunity, gift, loan, gratuity, special discount, favor,
hospitality or service having an aggregate value of $40 or more in any calendar year or (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year to any state officer or employee, candidate for state office or state officer
elect with a major purpose of influencing such officer or employee, candidate for state office
or state officer elect in the performance of official duties or prospective official duties.
(c) No person licensed, inspected or regulated by a state agency shall offer, pay, give
or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality,
or service having an aggregate value of $40 or more in any calendar year to such agency or
any state officer or employee, candidate for state office or state officer elect of that agency.
(d) Hospitality in the form of recreation, food and beverages is presumed not to be
given to influence a state officer or employee, candidate for state office or state officer elect
in the performance of official duties or prospective official duties, except when a particular
course of official action is to be followed as a condition thereon. For the purposes of this subsection, the term recreation shall not include the providing or the payment of the cost of transportation or lodging.
(e) Except when a particular course of official action is to be followed as a condition
thereon, this section shall not apply to: (1) Any contribution reported in compliance with
the campaign finance act; or (2) a commercially reasonable loan or other commercial
transaction in the ordinary course of business.
(f) No state officer or employee shall accept any payment of honoraria for any speaking
engagement except that a member of the state legislature or a part-time officer or employee
of the executive branch of government shall be allowed to receive reimbursement in the
preparation for and the making of a presentation at a speaking engagement in an amount
fixed by the commission prior to the acceptance of the speaking engagement. Nothing in
this section shall be construed to prohibit the reimbursement of state officers and employees
for reasonable expenses incurred in attending seminars, conferences and other speaking
engagements.
(g) The provisions of this section shall not be applicable to or prohibit the acceptance
of gifts from governmental agencies of foreign nations except that any gift accepted from
such foreign governmental agency, having an aggregate value of $100 or more, shall be
accepted on behalf of the state of Kansas.
(h) No legislator shall solicit any contribution to be made to any organization for the
purpose of paying for travel, subsistence and other expenses incurred by such legislator or
other members of the legislature in attending and participating in meetings, programs and
activities of such organization or those conducted or sponsored by such organization, but
nothing in this act or the act of which this act is amendatory shall be construed to prohibit
any legislator from accepting reimbursement for actual expenses for travel, subsistence,
hospitality, entertainment and other expenses incurred in attending and participating in
meetings, programs and activities sponsored by the government of any foreign nation, or
any organization organized under the laws of such foreign nation or any international
organization or any national, nonprofit, nonpartisan organization established for the purpose
of serving, informing, educating and strengthening state legislatures in all states of the
nation, when paid from funds of such organization and nothing shall be construed to limit
or prohibit the expenditure of funds of and by any such organization for such purposes.'';
By renumbering sections accordingly;
Also on page 4, in line 27, following ``Supp.'' by inserting ``46-237,'';
In the title, by striking all in lines 9, 10 and 11 and inserting:
``AN ACT concerning state officers and employees; concerning governmental ethics;
amending K.S.A. 1999 Supp. 46-237, 46-237a and 46-269 and repealing the existing
sections.''; and the bill be passed as amended.
The Committee on Insurance recommends HB 2648 be amended by striking sections
1 through 6 from the bill and renumbering the sections accordingly;
On page 9, in line 14, by striking ``10-812, 46-921, 46-925,''; in line 15, by striking ``10-
811, 46-913, 46-924,'';
In the title, in line 10, by striking ``10-812, 46-925,''; in line 11, by striking ``10-811, 46-
913, 46-924,''; in line 12, by striking ``; also repealing K.S.A. 46-921''; and the bill be passed
as amended.
The Committee on Transportation recommends HB 2582 be amended on page 2, in
line 31, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed as
amended.
The Committee on Transportation recommends HB 2641 be amended on page 1, in
line 31, preceding ``shall'' by inserting ``or subsection (d) of K.S.A. 8-1722, and amendments
thereto,'';
On page 2, in line 1, by striking ``operate the vehicle'' and inserting ``drive''; 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 2871, An act concerning the behavioral sciences regulatory board; relating to the
powers thereof; amending K.S.A. 74-7508 and repealing the existing section, by Committee
on Judiciary.
HB 2872, An act concerning wildlife; amending K.S.A. 32-1013 and repealing the existing
section, by Representative Alldritt.
HB 2873, An act concerning deer; relating to the taking thereof along state highways, by
Committee on Agriculture.
HB 2874, An act concerning retirement; relating to tax sheltered annuities; community
college and school employment; amending K.S.A. 72-8603 and repealing the existing section,
by Joint Committee on Pensions, Investments and Benefits.
HB 2875, An act concerning cosmetologists; relating to provision of services; amending
K.S.A. 1999 Supp. 65-1904a and repealing the existing section, by Representative Lightner.
HB 2876, An act concerning marriage; relating to common-law marriages; amending
K.S.A. 1999 Supp. 23-101 and repealing the existing section, by Representatives Aday,
Compton, Dahl, Freeborn, Glasscock, Horst, P. Long, Mason, Mayans, McCreary,
Mollenkamp, O'Connor, Osborne, Powers, Toplikar, Vickrey, Vining, Wagle, and Wilk.
HB 2877, An act concerning certain municipalities; relating to improvement districts and
industrial districts; amending K.S.A. 1999 Supp. 19-2755a and 19-2786j and repealing the
existing sections, by Committee on Local Government.
HB 2878, An act concerning civil procedure; repealing the cap on damages for pain and
suffering; repealing K.S.A. 60-19a01 and 60-19a02, by Committee on Business, Commerce
and Labor.
HB 2879, An act concerning electric signatures; enacting the Kansas electronic signatures
act; repealing K.S.A. 1999 Supp. 60-2616, by Joint Committee on Information Technology.
HB 2880, An act relating to lobbying and lobbyists; relating to campaign finance and
governmental ethics; amending K.S.A. 46-222 and 46-225 and repealing the existing
sections, by Representative Carmody.
REPORT ON ENROLLED RESOLUTIONS HR 6007, 6008 reported correctly enrolled and properly signed on February 7, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, February
8, 2000.