The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 118 members present.
Reps. Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff and Tanner were excused
on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Eternal God,
A moment in your eyes
is like a thousand years.
Sometimes it feels the same way
in our lives-
or that a year has flashed by
in a second.
Be with us
when time drags on
that we may see the beauty and value
in each moment.
And be with us as well
when time seems to be passing too quickly,
so that we may slow down,
breathe in your spirit,
and relax in the knowledge
that you are with us
every moment of every day.
In Your Name, Amen.
The Pledge of Allegiance was led by Rep. Flora.
PRESENTATION OF PETITIONS
The following petition was presented and filed:
HP 2006, by Rep. Pottorff, a petition urging a resolution to save the Cottonwood trees
in Kansas, signed by Robert Rusk and 1177 others from Marion County.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2996, An act concerning community colleges; affecting determination of operating
grants; amending K.S.A. 1999 Supp. 71-620 and repealing the existing section, by
Committee on Appropriations.
HB 2997, An act concerning securities; amending K.S.A. 1999 Supp. 17-1252, 17-1261,
17-1262 and 17-1270a and repealing the existing sections, by Committee on Federal and
State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2993, 2994.
Insurance: HB 2995.
Rules and Journal: HR 6009.
COMMUNICATIONS FROM STATE OFFICERS
From Kansas Technology Enterprise Corporation (KTEC), 1999 Annual Report.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
Announcing passage of SB 116, 408, 411, 426, 455, 458, 471, 472, 487, 500, 515, 517, 526.
Also, adoption of SCR 1632.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolution were thereupon introduced and read
by title:
INTRODUCTION OF GUESTS
Rep. Haley introduced Mohammad Ali Thiam, Ambassador of Guinea, who addressed a
few remarks to the members of the House.
CONSENT CALENDAR
No objection was made to HB 2767, 2769, 2809 appearing on the Consent Calendar
for the first day.
No objection was made to HB 2844, 2854, 2862, 2928 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 2844, An act concerning elections; relating to the distribution of ballots, was
considered on final action.
On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed.
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, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed.
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, was considered on final action.
On roll call, the vote was: Yeas 116; Nays 2; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed.
HB 2928, An act concerning elections; relating to election judges and clerks; amending
K.S.A. 1999 Supp. 25-2804 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed.
HB 2596, An act concerning counterfeiting; relating to criminal penalties; concerning
civil forfeiture; amending K.S.A. 60-4104, 60-4105 and 60-4116 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 116; Nays 2; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed, as amended.
HB 2684, An act concerning civil procedure; relating to habeas corpus; amending K.S.A.
60-1507 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 108; Nays 10; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed, as amended.
HB 2719, An act concerning state educational institutions; relating to tuition and fee
waivers for certain national fellowship recipients; amending K.S.A. 76-719c and repealing
the existing section, was considered on final action.
On roll call, the vote was: Yeas 106; Nays 12; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed.
HB 2754, An act relating to banks and trust companies; concerning the holding of real
estate; amending K.S.A. 1999 Supp. 9-1102 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 116; Nays 0; Present but not voting: 2; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed.
HB 2772, An act concerning crime victims restitution; relating to compensation;
amending K.S.A. 19-4804 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 114; Nays 4; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed, as amended.
HB 2780, An act establishing a task force on long-term care services to study services
provided by the public and private sector to citizens of the state and laws and rules and
regulations relating to such services, was considered on final action.
On roll call, the vote was: Yeas 117; Nays 1; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballou, Howell, Phil Kline, McKechnie, O'Neal, Pottorff, Tanner.
The bill passed, as amended.
On motion of Rep. Weber, the House went into Committee of the Whole, with Rep.
Henry in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Henry, Committee of the Whole report, as follows, was adopted:
Recommended that HCR 5059 be adopted.
Committee report to HB 2832 be adopted; and the bill be passed as amended.
Committee report to HB 2652 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Environment recommends HB 2861, 2985 be passed.
The Committee on Environment recommends HB 2860 be amended on page 1, in line
32, by striking ``or energy''; in line 33, before ``through'', by inserting ``or energy'';
On page 4, in line 43, after ``action'', by inserting ``, provided that: (A) Moneys in the fund
shall be used to pay only 75% of the costs of such corrective action and the city or county
shall pay the remaining 25% of such costs; and (B) not more than $10,000 per site shall be
expended from the fund for such corrective action'';
On page 5, in line 17, by striking ``The'' and inserting ``If amounts are recovered for
payment for corrective action pursuant to subsection (c)(12), 25% of the amount recovered
shall be paid to the city or county that shared in the cost of the corrective action. Otherwise,
the''; in line 28, after ``work'', by inserting ``but no such entry shall be made without the
property owner's consent except upon notice and hearing in accordance with the Kansas
administrative procedure act and a finding that the solid waste creates a public nuisance or
adversely affects the public health or the environment'';
On page 6, after line 25, by inserting:
``(1) Any waste tire, as defined by K.S.A. 65-3424, and amendments thereto, disposed in
or at a permitted solid waste disposal area;'';
Also on page 6, in line 26, by striking ``(1) Any'' and inserting ``(2) any''; in line 34, by
striking ``(2)'' and inserting ``(3)''; in line 35, by striking ``(3)'' and inserting ``(4)''; in line 38,
by striking ``(4)'' and inserting ``(5)'';
On page 7, in line 4, after ``fires'', by inserting ``unless persons paying such fees are able
to recover such fees from the federal government''; and the bill be passed as amended.
The Committee on Environment recommends HB 2975 be amended on page 1, in line
20, by striking ``In addition to'' and inserting ``Instead of''; in line 25, by striking all after
``marks''; in line 26, by striking all before ``shall''; and the bill be passed as amended.
The Committee on Environment recommends HB 2976 be amended on page 1, in line
26, by striking ``18'' and inserting ``16''; in line 30, by striking ``that'' and inserting ``than'';
and the bill be passed as amended.
The Committee on Judiciary recommends HB 2775 be passed.
The Committee on Judiciary recommends HB 2209 be amended on page 1, in line 14,
by striking ``1998'' and inserting ``1999'';
On page 2, in line 40, by striking ``(g)'' and inserting ``(f)''; in line 41, by striking ``XIII''
and inserting ``13''; in line 42, by striking all before the semicolon and inserting ``United
States bankruptcy code'';
On page 3, in line 17, by striking ``1998'' and inserting ``1999'';
On page 1, in the title, in line 11, by striking ``1998'' and inserting ``1999''; and the bill
be passed as amended.
The Committee on Judiciary recommends HB 2673 be amended on page 3, in line 22,
after ``decedent'' by inserting ``subject to probate''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2805 be amended on page 1, in line 13,
by striking ``use'' and inserting ``manufacturing or selling''; in line 15, after ``and'' by inserting
``intentionally''; and the bill be passed as amended.
The Committee on Local Government recommends HB 2646 be passed.
The Committee on Local Government recommends HB 2815 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 Taxation recommends HB 2621 be passed.
The Committee on Taxation recommends HB 2620 be amended on page 2, in line 25,
by striking ``the findings of fact and law'' and inserting ``a written explanation of the
reasoning'';
On page 3, in line 30, by striking the second ``the''; in line 31, by striking ``findings of fact
and law'' and inserting ``a written explanation of the reasoning''; and the bill be passed as
amended.
The Committee on Transportation recommends HB 2745 be passed.
The Committee on Transportation recommends HB 2642 be amended by substituting
a new bill to be designated as ``Substitute for HOUSE BILL No. 2642,'' as follows:
``Substitute for HOUSE BILL No. 2642
By Committee on Transportation
``AN ACT regulating traffic; concerning the maximum length of certain vehicles; amending
K.S.A. 1999 Supp. 8-1904 and repealing the existing section.'';
and the substitute bill be passed.
(Sub. HB 2642 was thereupon introduced and read by title.)
The Committee on Transportation recommends HB 2768 be amended on page 1, in
line 17, preceding ``intrastate'' by inserting ``property other than household goods or
passengers in''; in line 20, preceding the period, by inserting ``or passengers''; in line 26,
preceding ``motor'' by inserting ``public''; in line 31, preceding ``motor'' by inserting ``public'';
after line 41, by inserting the following:
``(d) Within 12 months of the issuance to a public motor carrier of a certificate of public
service to transport property other than household goods or passengers, the commission
shall verify that such public motor carrier continues to be fit, knowledgeable and in
compliance with the commission's safety rules and regulations, liability and cargo insurance
requirements and other applicable state laws.'';
On page 3, in line 31, preceding ``intrastate'' by inserting ``household goods or passengers
in''; in line 43, by striking ``and'' and inserting a comma;
On page 4, in line 1, preceding ``the'' by inserting ``and that the applicant is in compliance
with the commission's safety rules and regulations, liability and cargo insurance
requirements and other applicable state laws,''; following line 5, by inserting the following:
``(c) Within 12 months of the issuance to a public motor carrier of a certificate of
convenience and necessity to transport household goods or passengers, the commission shall
verify that such public motor carrier continues to be fit, knowledgeable and in compliance
with the commission's safety rules and regulations, liability and cargo insurance
requirements and other applicable state laws.'';
On page 6, in line 8, preceding ``without'' by inserting ``issued for carriers of household
goods or passengers''; by striking all in lines 40 through 43;
On page 7, by striking all in lines 1 through 43;
On page 8, by striking all in lines 1 through 33;
By renumbering the remaining sections accordingly;
Also on page 8, in line 34, by striking ``, 66-1,119 and 66-1,129'' and inserting ``and 66-
1,119'';
In the title, in line 11, by striking ``, 66-1,119 and 66-1,129'' and inserting ``and 66-1,119'';
and the bill be passed as amended.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 122, by Representative Benlon, congratulating Anton Warnick on achieving
Eagle Scout;
Request No. 123, by Representative Horst, congratulating Bob Edwards on his induction
into the Western Swing Society's Hall of Fame;
Request No. 124, by Representative Horst, congratulating Duane Pollard on his
induction into the Western Swing Society's Hall of Fame;
Request No. 125, by Representative Vining, congratulating Tom Boulanger on his
induction into the Western Swing Society's Hall of Fame;
Request No. 126, by Representative Schwartz, congratulating Chris Duensing on
achieving Eagle Scout;
Request No. 127, by Representative Schwartz, congratulating Nicholas Gordon on
achieving Eagle Scout;
Request No. 128, by Representative Schwartz, congratulating Darren Mann on
achieving Eagle Scout;
Request No. 129, by Representative Schwartz, congratulating Dane Musil on achieving
Eagle Scout;
Request No. 130, by Representative Dreher, congratulating Don and Christine Garrison
on 50 years of marriage;
Request No. 131, by Representative Schwartz, honoring Bill Bechard on his induction
posthumously into the Kansas State High School Activities Association Hall of Fame;
Request No. 132, by Representative Flower, in memory of Dr. James H. McMechan,
recognizing his 20 years of dedicated service to his patients and community;
Request No. 133, by Representatives Haley, Henderson and all other members of the
Kansas House of Representatives, in memory of Derrick Thomas, recognizing his career
with the Kansas City Chiefs and community activities;
Request No. 134, by Representative Merrick, congratulating George Allison-Gallimore,
recognizing him as one of the state's top student volunteers in the Fifth Annual Prudential
Spirit of Community Award;
Request No. 135, by Representative Phelps, congratulating Rachel Debes for winning
the Ellis County 2000 Spelling Bee;
Request No. 136, by Representative Garner, congratulating Cameron Aycock, winner
of the Kansas PTA's Citizenship Essay Contest for the 5th grade division;
Request No. 137, by Representative Mason, congratulating Glen Cooper on his 90th
birthday;
Request No. 138, by Representative Mason, congratulating Lee Hamilton on his 100th
birthday;
Request No. 139, by Representative Mason, congratulating Viva Zang on her 90th
birthday;
Request No. 140, by Representatives Mason and Palmer, congratulating Butler County
Community College as National Community College Football Champions for 1999;
Request No. 141, by Representative Pauls, congratulating Nick Slater on becoming a
United States citizen on February 28, 2000;
Request No. 142, by Representative McKinney, commending Vera Compton, retiring
as Pratt County Register of Deeds;
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 bill was thereupon introduced and read by title:
HB 2998, An act concerning the electronic pharmacy claims management system;
amending K.S.A. 1999 Supp. 39-7,121 and repealing the existing section, by Committee on
Appropriations.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2814 from Committee on Health
and Human Services and referral to Committee on Appropriations.
Also, the withdrawal of HB 2958 from Committee on Judiciary and referral to Committee
on Appropriations.
REPORT ON ENGROSSED BILLS HB 2596, 2684, 2772, 2780 reported correctly engrossed February 17, 2000.
On motion of Rep. Weber, the House adjourned until 11:00 a.m., Monday, February 21,
2000.