February 8, 2000

Journal of the House

TWENTY-FIRST DAY
______
Hall of the House of Represenatitives
Topeka, KS, Tuesday, February 8, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 123 members present.

 Reps. Phil Kline and J. Peterson were excused on verified illness.

   Prayer by guest chaplain, the Rev. K. C. Dehning, pastor, Our Redeemer Lutheran
Church, Herington, and guest of Rep. Weber:

               Lord God, heavenly Father, Your Word instructs us that all authority is
            established by Your divine command and no authority exists apart from Your
            will. Grant, therefore, to this nation Your mercy. Give health and favor to all
            who bear office in our land, especially the President and congress of the
            United States, and the Governor of this State. Bless this assembly and grant
            to each Representative wisdom, that they may work to promote justice and
            peace. Empower them that they might intend not so much to please others
            as to serve the people of this State according to Your holy will; through Jesus
            Christ, Your Son, our Lord, who lives and reigns with You and the Holy Spirit,
            one God, now and forever. Amen.

   The Pledge of Allegiance was led by Rep. Krehbiel.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

   HB 2881, An act concerning state agencies; relating to certain grants and contracts;
prescribing notice and reporting requirements; amending K.S.A. 75-430, 75-430a, 75-3799,
75-37,100 and 75-37,102 and K.S.A. 1999 Supp. 75-3739 and 76-3,100 and repealing the
existing sections, by Representative Wagle.

 HB 2882, An act concerning motor vehicles of private security companies; relating to
the use of green lights; amending K.S.A. 8-1729 and repealing the existing section, by
Committee on Transportation.

 HB 2883, An act relating to crimes and punishments; concerning the theft of motor fuel;
penalties; amending K.S.A. 1999 Supp. 8-255 and repealing the existing section, by
Committee on Transportation.

 HB 2884, An act concerning motorized bicycles; defining electric-assisted bicycles;
amending K.S.A. 8-1439a and K.S.A. 1999 Supp. 8-126 and 8-1486 and repealing the existing
sections, by Committee on Transportation.

 HB 2885, An act relating to vehicles; concerning the electronic filing of applications for
renewal of registration; amending K.S.A. 8-129 and K.S.A. 1999 Supp. 8-173 and repealing
the existing sections, by Committee on Transportation.

 HB 2886, An act concerning occupational therapists; licensure thereof; amending K.S.A.
65-5402, 65-5405, 65-5406, 65-5407, 65-5410, 65-5412 and 65-5414 and K.S.A. 1999 Supp.
65-1501, 65-5408, 65-5409, 65-4915 and 65-4921 and repealing the existing sections, by
Committee on Health and Human Services.

 HB 2887, An act concerning emergency medical conditions; prohibiting insurance
companies and managed care programs from requiring certain prior authorizations or
prohibiting access to certain emergency services, by Committee on Health and Human
Services.

 HB 2888, An act concerning mental health centers; amending K.S.A. 19-4002b, 39-1604
and 75-3307b and K.S.A. 1999 Supp. 19-4002 and 19-4002a and repealing the existing
sections, by Committee on Health and Human Services.

 HB 2889, An act concerning the state governmental ethics commission; relating to the
issuance of opinions; amending K.S.A. 1999 Supp. 25-4119a and 75-4303a and repealing
the existing sections; also repealing K.S.A. 25-4159 and 46-254, by Representative Carmody.

 HB 2890, An act concerning retirement; relating to retirement system for judges;
employment of retirants; amending K.S.A. 20-2622 and repealing the existing section, by
Representative Carmody.

 HB 2891, An act concerning unsolicited consumer telephone calls; prohibiting certain
acts and providing remedies for violations; amending K.S.A. 1999 Supp. 50-670 and
repealing the existing section, by Representatives Johnston, Aday, Adkins, Alldritt, Ballard,
Barnes, Beggs, Campbell, Cox, Crow, Dean, Faber, Farmer, Feuerborn, Findley, Flaharty,
Flora, Flower, Freeborn, Garner, Gatewood, Gilbert, Grant, Hayzlett, Helgerson,
Henderson, Henry, Hermes, Horst, Huff, Hutchins, Jenkins, Kirk, Klein, Kuether, Larkin,
M. Long, P. Long, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick,
Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Nichols, O'Brien, O'Neal,
Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weiland, Wells and Welshimer.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolutions were referred to committees as indicated:

   Business, Commerce and Labor: HB 2878.

 Environment: HB 2872, 2873.

 Federal and State Affairs: HB 2868, 2870.

 Governmental Organization and Elections: HB 2880.

 Health and Human Services: HB 2871, 2875.

 Insurance: HB 2869.

 Judiciary: HB 2876, 2879.

 Local Government: HB 2877.

 Kansas 2000 Select: HB 2874.

CONSENT CALENDAR
 Objection was made to HB 2662 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

 No objection was made to SB 375 appearing on the Consent Calendar for the first day.

 No objection was made to HB 2643, 2676 appearing on the Consent Calendar for the
second day.

 No objection was made to HB 2661, 2663 appearing on the Consent Calendar for the
third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2661, An act concerning cities; relating to the destruction of certain records,
documents and other papers; amending K.S.A. 1999 Supp. 12-120 and repealing the existing
section, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, 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, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Phil Kline, J. Peterson.

 The bill passed.

 HB 2663, An act concerning certain cemeteries; authorizing the conveyance of cemetery
property, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, 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, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Phil Kline, J. Peterson.

 The bill passed.

 HB 2655, An act concerning the Kansas postsecondary education savings program;
amending K.S.A. 1999 Supp. 75-643, 75-646 and 79-32,117 and repealing the existing
sections, was considered on final action.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, 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, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Phil Kline, J. Peterson.

 The bill passed.

 On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Reinhardt in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Reinhardt, Committee of the Whole report, as follows, was adopted:

   Recommended that HB 2672, 2671 be passed.

 Committee report to HB 2597 be adopted; also, on motion of Rep. Loyd to amend, the
motion did not prevail, and the bill be passed as amended.

 Committee report to HB 2691 be adopted; and the bill be passed as amended.

 Committee report to HB 2677 be adopted; and the bill be passed as amended.

 Committee report to HB 2670 be adopted; also, on motion of Rep. Campbell to amend,
the motion did not prevail, and the bill be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Agriculture recommends HCR 5005 be adopted, because the
committee is of the opinion that the concurrent resolution is of a noncontroversial nature,
be placed on the consent calendar.

      The Committee on Agriculture recommends HCR 5050 be amended on page 1, in line
18, by striking ``; and''; by striking all in lines 19 through 21; in line 22, by striking ``be
increased to 5,000''; by striking all in lines 26 and 27;

      Also on page 1, in the title, in line 11, by striking all after ``state''; in line 12, by striking
all before the period; and the concurrent resolution be adopted as amended.

      The Committee on Economic Development recommends HB 2688 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2688,'' as
follows:

  ``Substitute for HOUSE BILL No. 2688

  By Committee on Economic Development

  ``AN  ACT concerning venture capital; enacting the Kansas certified capital formation
company act.'';

        and the substitute bill be passed.

        (Sub. HB 2688 was thereupon introduced and read by title.)

        The Committee on Governmental Organization and Elections recommends HB
2323 be amended by substituting a new bill to be designated as ``Substitute for HOUSE
BILL No. 2323,'' as follows:

  ``Substitute for HOUSE BILL NO. 2323

  By Committee on Governmental Organization and Elections

  ``AN  ACT concerning state agencies; relating to the payment of fees, tuition and other
charges.'';

        and the substitute bill be passed.

        (Sub. HB 2323 was thereupon introduced and read by title.)

   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 2892, An act concerning contracts for state agencies; amending K.S.A. 75-3738 and
75-3740 and K.S.A. 1999 Supp. 74-8904 and 75-3739 and repealing the existing sections,
by Representatives Garner, Alldritt, Barnes, Burroughs, Crow, Dean, Findley, Flora,
Gilbert, Grant, Henry, Johnston, Kirk, Larkin, McKinney, Nichols, O'Brien, Pauls, E.
Peterson, Phelps, Rehorn, Ruff, Sharp, Shriver, Spangler, Tedder and Toelkes.

 HB 2893, An act relating to property taxation; requiring certain actions relating to the
levying thereof; amending K.S.A. 1999 Supp. 79-2925b and repealing the existing section,
by Committee on Taxation.

 HB 2894, An act concerning crimes; relating to unlawful sexual relations with teachers;
amending K.S.A. 1999 Supp. 21-3520 and repealing the existing section, by Representatives
Tomlinson and Storm, Adkins, Alldritt, Ballard, Ballou, Barnes, Benlon, Bethell, Burroughs,
Campbell, Crow, Dean, Empson, Faber, Feuerborn, Findley, Flaharty, Flower, Gatewood,
Gilbert, Glasscock, Grant, Helgerson, Henderson, Henry, Hermes, Horst, Huff, Hutchins,
Johnson, Johnston, Kirk, Klein, Phill Kline, Kuether, Larkin, Light, M. Long, Loyd, Mayans,
Mays, McClure, McCreary, McKinney, Merrick, Minor, Nichols, O'Connor, Pauls, E.
Peterson, Phelps, Ray, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Sloan, Spangler,
Tedder, Thimesch, Toelkes, Vickrey, Weiland and Wells.

 HB 2895, An act concerning the state board of healing arts; relating to certain meetings
thereof, by Representative Welshimer.

 HB 2896, An act enacting the internet privacy protection act; prohibiting certain internet
service providers from disclosing personally identifying information about certain
subscribers, by Select Committee on Information Management.

 HB 2897, An act concerning public lands; relating to grants of easements there through;
amending K.S.A. 75-2131 and repealing the existing section, by Select Committee on
Information Management.

 HB 2898, An act concerning the Kansas water authority; relating to establishment of
basin advisory committees; prescribing qualifications of members and manner of operation,
by Committee on Environment.

 HB 2899, An act enacting the Kansas pupils reading improvement program, by
Committee on Education.

 HB 2900, An act concerning certification of persons who measure bone mass, by
Representative Pottorff.

 HB 2901, An act concerning school district finance; increasing base state aid per pupil;
affecting determination of low enrollment and correlation weightings; revising the general
fund property tax levy rate; amending K.S.A. 1999 Supp. 72-6407, 72-6410, 72-6412, 72-
6431 and 72-6442 and repealing the existing sections, by Committee on Appropriations.

 HB 2902, An act creating the mothers-at-risk program, by Representatives Welshimer,
Barnes, Dean, Flaharty, Flora, Garner, Gilbert, Kirk, McClure, Pauls, Sharp and Toelkes.

 HB 2903, An act concerning lawyers; relating to rendering legal services, by
Representatives Welshimer, Barnes, Flaharty, Flora, Gilbert, McClure, Ruff and Toelkes.

 HB 2904, An act concerning children in need of care; relating to the use of insurance;
amending K.S.A. 38-1512 and repealing the existing section, by Representatives Welshimer,
Barnes, Crow, Dean, Flaharty, Flora, Garner, Gilbert, Kirk, McClure, McKinney, Pauls, E.
Peterson, Ruff, Sharp, Toelkes and Wells.

 HB 2905, An act concerning civil procedure; relating to service of process; amending
K.S.A. 17-1642, 60-303, 60-308, 61-1803 and 61-1807 and K.S.A. 1999 Supp. 60-312 and
repealing the existing sections, by Committee on Judiciary.

 HB 2906, An act concerning the court of appeals; relating to the jurisdiction thereof;
amending K.S.A. 22-3601, 60-2102, 77-623 and 77-627 and repealing the existing sections,
by Committee on Judiciary.

 HB 2907, An act relating to civil procedure; concerning the filing of cross appeals;
amending K.S.A. 1999 Supp. 60-2103 and repealing the existing section, by Representative
O'Neal.

 HB 2908, An act concerning driving under the influence of alcohol or drugs; penalties;
amending K.S.A. 1999 Supp. 8-1014 and 8-1568 and repealing the existing sections, by
Representative Powers.

 HB 2909, An act concerning crimes, punishment and criminal procedure; relating to
probation revocation; amending K.S.A. 1999 Supp. 21-4603d and repealing the existing
section, by Representative Klein.

 HB 2910, An act concerning domestic relations; relating to child support and
maintenance; amending K.S.A. 38-1123 and K.S.A. 1999 Supp. 38-1121 and 60-1610 and
repealing the existing sections, by Representative Landwehr.

      HOUSE CONCURRENT RESOLUTION No. 5063--

  By Representative Welshimer


A  CONCURRENT  RESOLUTION supporting the establishment of a center of excellence
in Kansas for the scientific study of medicinal plants.
 

      WHEREAS,  Great potential benefit exists in the use of medicinal plants; and

      WHEREAS,  There are 103 medicinal plants known to be native to Kansas and an
unknown number are yet to be identified; and

      WHEREAS,  Consumer use of medicinal plants is rapidly increasing; and

      WHEREAS,  Kansas has the ideal resources to develop and standardize medicinal plants
and supply the world with the highest quality phytomedicines in the future; and

      WHEREAS,  The establishment of the Great Plains Comprehensive Agricultural and
Medical Institute for the study of Medicinal Plants (Great Plains CAMI) is an essential
element of realizing potential benefits from the use of medicinal plants; and

      WHEREAS,  Great Plains CAMI would be a center of excellence composed of research
scientists and resources provided by the University of Kansas, Kansas State University, the
University of Kansas Medical Center, Wichita State University and Washburn University;
and

      WHEREAS,  The center will research production models for medicinal plants as
alternative agricultural crops, develop bio-assay techniques to identify and standardize
essential components, evaluate the medical efficacy of potential phytomedicinal products
and determine effective means of educating the medical community and general public as
to the use of phytomedicinal products: Now, therefore,

      Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That we support the establishment in Kansas of a center of excellence for the
scientific study of medicinal plants; and

      Be it further resolved: That we support the efforts of the research institutions of the
State of Kansas to secure funding from the National Institutes of Health and the United
States Department of Agriculture for establishment and development of the center of
excellence in Kansas; and

      Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the Secretary of the United States Department of Agriculture, the
United States Secretary of Health and each member of the Kansas Congressional
Delegation.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2623 from Committee on
Judiciary and referral to Committee on Federal and State Affairs.

 Also, the withdrawal of HB 2714 from Committee on Governmental Organization and
Elections and referral to Committee on Education.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday,
February 9, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.