The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Rep. J. Peterson was excused on verified illness.
Rep. Adkins was excused on excused absence by the Speaker.
Prayer by the Rev. Donald Moses, interim pastor, St. Luke's Episcopal Church, Wamego:
Almighty God, today we remember in thanksgiving two of our nation's greatest
leaders.
On this President's Day, let us pause and offer a prayer of gratitude to the
Father of our Country, George Washington, who, as our first president, provided
our nation with necessary leadership.
We also remember with admiration the courage and wisdom of Abraham
Lincoln, who guided our country through one of its most perilous times.
As we deliberate and legislate the statutes of Kansas, we give thanks for their
lives and dedication to the meaning and purpose of the United States of America
and pray that we might follow their examples in all we do here today.
In your holy name we pray. Amen.
The Pledge of Allegiance was led by Rep. O'Connor.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2996, 2998.
Environment: SB 500.
Federal and State Affairs: SCR 1632.
Financial Institutions: HB 2997; SB 487.
Governmental Organization and Elections: SB 515, 517.
Insurance: SB 458.
Judiciary: SB 471, 472, 526.
Taxation: SB 116, 408, 411.
Transportation: SB 426.
Utilities: SB 455.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2958 from Committee on
Appropriations and rereferral to Committee on Judiciary.
Also, the withdrawal of HB 2977 from Committee on Environment and referral to
Committee on Appropriations.
Also, the withdrawal of HB 2814 from Committee on Appropriations and rereferral to
Committee on Health and Human Services.
CONSENT CALENDAR
No objection was made to HB 2815 appearing on the Consent Calendar for the first day.
No objection was made to HB 2767, 2769, 2809 appearing on the Consent Calendar
for the second day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2652, An act concerning insurance; relating to life insurance company investments;
financial futures contracts; amending K.S.A. 1999 Supp. 40-2b25 and repealing the existing
section, was considered on final action.
Call of the House was demanded.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
HB 2832, An act relating to the Kansas economic opportunity initiatives fund; concerning
reporting requirements for expenditures therefrom; amending K.S.A. 1999 Supp. 74-50,151
and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 93; Nays 30; Present but not voting: 0; Absent or not
voting: 2.
HCR 5059, A concurrent resolution requesting the state government to undertake and
fund an ongoing strategic analysis of the state's economy, was considered on final action.
On roll call, the vote was: Yeas 100; Nays 23; 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.
Flaharty in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Flaharty, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2674 be adopted; and the bill be passed as
amended.
Committee report to HB 2753 be adopted; and the bill be passed as amended.
Committee report to HB 2883 be adopted; and the bill be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2702 be adopted; and the
substitute bill be passed.
Committee report to HB 2817 be adopted; and the bill be passed as amended.
Committee report to HB 2675 be adopted; and the bill be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2605 be adopted; also, on
motion of Rep. Osborne to amend, the motion did not prevail.
Also, on motion of Rep. Helgerson Sub. HB 2605 be amended, on page 2, in line 26,
by striking ``2000'' and inserting ``2001'';
On page 4, in line 15, by striking ``2000'' and inserting ``2001''; in line 21, by striking
``2000'' and inserting ``2001''; in line 26, by striking ``2000'' and inserting ``2001''; in line 35,
by striking ``2000'' and inserting ``2001''; in line 40, by striking ``2000'' and inserting ``2001'';
in line 41, by striking ``2000'' and inserting ``2001'';
On page 5, in line 7, by striking ``2000'' and inserting ``2001''; in line 17, by striking ``2000''
and inserting ``2001''; in line 18, by striking ``2000'' and inserting ``2001''; in line 24, by
striking ``2000'' and inserting ``2001''; in line 35, by striking ``2000'' and inserting ``2001''; in
line 41, by striking ``2000'' and inserting ``2001'';
On page 6, in line 2, by striking ``2000'' and inserting ``2001''; in line 8, by striking ``2000''
and inserting ``2001''; in line 43, by striking ``2000'' and inserting ``2001'';
On page 7, in line 9, by striking ``2000'' and inserting ``2001''; in line 28, by striking ``2000''
and inserting ``2001''; in line 32, by striking ``2000'' and inserting ``2001'';
On page 37, in line 9, by striking ``2000'' and inserting ``2001''; in line 15, by striking
``2000'' and inserting ``2001''; in line 20, by striking ``2000'' and inserting ``2001'';
On page 62, in line 7, by striking ``2000'' and inserting ``2001''; in line 9, by striking ``2000''
and inserting ``2001''; in line 13, by striking ``2000'' and inserting ``2001'';
On page 66, in line 16, following ``after'', by inserting ``July 1, 2001, and Sub. HB 2605
be passed as amended.
REPORTS OF STANDING COMMITTEES
The committee on Economic Development recommends HB 2929 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 Environment recommends HB 2144 be amended by substituting a
new bill to be designated as ``Substitute for HOUSE BILL NO. 2144,'' as follows:
``Substitute for HOUSE BILL NO. 2144
By Committee on Environment
``AN ACT concerning the multipurpose small lakes program; amending K.S.A. 82a-1602
and 82a-1603 and repealing the existing sections.'';
and the substitute bill be passed.
(Sub. HB 2144 was thereupon introduced and read by title.)
The Committee on Health and Human Services recommends that HB 2700 be
amended as follows:
On page 2, in line 31, after the period by inserting ``If a private contractor determines
that a person is prohibited from working in an adult care home under this section, the
private contractor shall notify the department of health and environment of such person's
name and the reasons for such determination.'';
On page 3, in line 27, by striking ``unredacted'', in line 29, after ``investigation'' by inserting
``, including any felony convictions of offenses other than those enumerated in subsection
(a),'' and in line 33 by striking ``unredacted'';
On page 5, in line 37, after the period by inserting ``If a private contractor determines
that a person is prohibited from working in an adult care home under this section, the
private contractor shall notify the department of health and environment of such person's
name and the reasons for such determination.'';
On page 6, in line 30, by striking ``unredacted'', in line 32, after ``investigation'' by inserting
``, including any felony convictions of offenses other than those enumerated in subsection
(a),'' and in line 36, by striking ``unredacted'' and the bill be passed as amended.
The Committee on Health and Human Services recommends HB 2757 be amended
as follows:
On page 2, in line 5, after the second comma by adding ``any registered occupational
therapist, any licensed respiratory therapist,''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2501 be amended on page 3, in line 1,
after the comma, by inserting ``pursuant to K.S.A. 17-5004, and amendments thereto,''; and
the bill be passed as amended.
The Committee on Utilities recommends HB 2891 be amended on page 1, in line 29,
by striking ``the residence of''; in line 39, after the semicolon, by inserting ``or''; in line 41,
by striking ``an existing business relationship'' and inserting ``a business relationship within
the preceding 36 months''; in line 43, by striking ``; or'';
On page 2, by striking all of line 1; in line 2, by striking all before the stricken semicolon;
by striking all of line 19 and inserting:
``(6) ``Local exchange carrier,'' ``telecommunications carrier'' and ``telecommunications
service'' have the meanings provided in K.S.A. 66-1,187, and amendments thereto.
(7) ``Qualified trade association'' means an organization that has:
(A) Written bylaws, or other governing documents, that include a code of conduct for
the organization's members; and
(B) criteria and procedures for expelling or suspending members who violate the
association's bylaws or other governing documents.
(8) ``Consumer'' means any person, as defined in K.S.A. 50-624, and amendments
thereto.'';
Also on page 2, in line 21, by striking ``to a residential telephone number'';
On page 3, in line 4, by striking ``the residence of''; in line 5, by striking ``commission''
and inserting ``attorney general''; by striking all in lines 12 through 15; in line 16, by striking
``(j)'' and inserting ``(i)''; in line 18, by striking ``commission'' and inserting ``attorney general'';
in line 21, by striking ``commission'' and inserting ``attorney general''; in line 22, by striking
``com-''; in line 23, by striking ``mission'' and inserting ``attorney general''; also in line 23, by
striking ``commission'' and inserting ``attorney general''; in line 24, by striking ``commission''
and inserting ``attorney general''; in line 26, by striking all after ``exchange'' and inserting
``carrier, each telecommunications carrier and each wireless telecommunications service
provider to inform its''; in line 28, by striking ``commission'' and inserting ``attorney general'';
in line 31, by striking ``commission or its'' and inserting ``attorney general or the attorney
general's''; in lines 41 and 42, by striking ``commission'' and inserting ``attorney general'';
On page 4, in line 2, by striking ``commission'' and inserting ``attorney general''; in line 5,
by striking ``residential''; also in line 5, by striking ``commission'' and inserting ``attorney
general''; in line 7, by striking ``shall pay the commission a fee of $10 per year'' and inserting
``or qualified trade association shall pay the attorney general a fee''; in line 9, after the period,
by inserting ``Such fee shall be prescribed by rules and regulations adopted by the attorney
general in accordance with K.S.A. 45-219, and amendments thereto. A qualified trade
association may make information obtained pursuant to this section available to the
association's members on any terms the association and its members may impose, but use
of such information shall be subject to the restrictions imposed by subsection (e).''; after
line 14, by inserting:
``(f) All enforcement provisions of the Kansas consumer protection act shall be deemed
to apply to violations of K.S.A. 50-670, and amendments thereto, involving a person not
included in the definition of ``consumer'' under K.S.A. 50-624, and amendments thereto, to
the same extent as if the person were a consumer as defined in K.S.A. 50-624, and
amendments thereto.'';
In the title, in line 20, by striking ``unsolicited consumer'' and inserting ``certain
unsolicited''; and the bill be passed as amended.
The Committee on Utilities recommends HB 2897 be amended on page 1, in line 14,
before ``Any'', by inserting ``(a)''; in line 23, by striking all after ``information'' and inserting
``technology architect''; after line 30, by inserting:
``(b) Unless otherwise specifically provided by statute, any consideration received for
the grant of an easement across, over, upon or under any state land shall be for the benefit
and use of the state of Kansas as a whole.''; Also on page 1, in line 33, by striking ``statute
book'' and inserting ``Kansas register''; and the bill be passed as amended.
The Committee on Utilities recommends HB 2945 be amended on page 1, by striking
all of lines 18 through 38 and inserting the following:
``(1) Eight members appointed by the governor, as follows: (A) One member having
experience with a telecommunications wireless carrier; (B) one member having experience
with a telecommunications local exchange carrier serving more than 50,000 access lines in
Kansas, to be appointed from among three nominees submitted by the Kansas
telecommunications industry association; (C) one member having experience with a
telecommunications local exchange carrier serving 50,000 or fewer access lines in Kansas,
to be appointed from among three nominees submitted by the Kansas telecommunications
industry association; (D) one member having experience with an emergency telephone
service answering point; (E) one member having experience with an emergency medical
service provider; (F) one member having experience with a law enforcement agency; (G)
one member having experience with a fire department; and (H) one member who is a person
with a communications impairment;
(2) two members appointed by the league of Kansas municipalities, one representing
cities having a population of less than 25,000 and one representing cities with a population
of 25,000 or more;
(3) two members appointed by the Kansas association of counties, one representing
counties having a population of less than 100,000 and one representing counties with a
population of 100,000 or more; and
(4) one member of the staff of the state corporation commission knowledgeable in
telecommunications, appointed by the commission.'';
On page 2, in line 9, by striking all after ``The'' and inserting ``governor''; in line 18, by
striking all after ``The''; in line 19, by striking ``of statutes'' and inserting ``state corporation
commission staff''; in line 20, by striking ``. Legislative staff'' and inserting ``and''; in line 22,
by striking ``February 1'' and inserting ``January 8''; in line 24, after ``utilities'' by inserting
``and the senate standing committee on commerce''; and the bill be passed as amended.
The Committee on Utilities recommends HB 2984 be amended on page 1, in line 14,
after ``cable'', by inserting ``for telephony, data transmission or video transmission''; in line
17, by striking ``and maximum''; by striking all in line 18; in line 19, by striking all before
the period and inserting ``, maximum capacity, ownership, quantity of ''dark fiber`` and such
other characteristics of such fiber optic cable as the commission staff, in cooperation with
the chief information technology architect, determines relevant to planning for a statewide
fiber-optic cable network''; in line 20, by striking ``apply only'' and inserting ``not apply'';
also in line 20, by striking ``between'' and inserting ``within''; in line 22, after ``excludes'', by
inserting ``local''; in line 23, after the period, by inserting ``The provisions of this subsection
apply to all entities placing and operating fiber-optic systems in this state.'';
Also on page 1, in line 28, by striking all after ``showing''; by striking all in lines 29, 30
and 31; in line 32, by striking ``cable network'' and inserting ``placement of fiber-optic cable
in this state''; after line 32, by inserting:
``(c) Information submitted to the state corporation commission pursuant to this section
may be designated confidential pursuant to K.S.A. 66-1220a, and amendments thereto.
However, the consolidated map showing the placement of the fiber-optic cable shall not be
deemed confidential and may be disclosed. Information submitted to the chief information
technology architect shall be subject to K.S.A. 66-1220a, and amendments thereto, and
relevant orders and rules and regulations of the commission.'';
Also on page 1, in line 33, by striking ``(c)'' and inserting ``(d)''; by striking all in line 37;
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 bill and concurrent resolution were thereupon introduced and read by title:
HB 2999, An act relating to sales taxation; exempting purchases by organizations for
prevention of cruelty to animals; amending K.S.A. 1999 Supp. 79-3606 and repealing the
existing section, by Committee on Taxation.
HOUSE CONCURRENT RESOLUTION NO. 5069--
By Committee on Environment
A CONCURRENT RESOLUTION urging all agencies and authorities of the State and of
subdivisions of the State to use soydiesel in their diesel-powered vehicles.
WHEREAS, Soydiesel, also known as biodiesel, is a blend of soybean oil and diesel fuel
that is proven through extensive research studies to offer superior performance in diesel-
powered engines while reducing harmful emissions; and
WHEREAS, Soydiesel is recognized and accepted as an alternative fuel by the United
States government; and
WHEREAS, Soydiesel provides another market for surplus soybean oil, offering farmers
an opportunity for an additional $.11 a bushel as a result of this new market and in turn
helping the state's economy; and
WHEREAS, Soydiesel is being made available to Kansas consumers through at least five
terminal fuel outlets located throughout the state of Kansas: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That all agencies and authorities of the State or of any subdivision of the State
are urged to adopt a policy that would mandate that all diesel-powered vehicles owned by
such agency or subdivision to run on a low blend (2%) of soybean oil and diesel fuel known
as soydiesel or biodiesel, when available and economically feasible; and
Be it further resolved: That all such vehicles, with the exception of vehicles used for
undercover law enforcement, should be identified with a bumper sticker or other decal,
provided by the Kansas Soybean Association, to indicate to the public that such vehicles are
reducing emissions and are powered in part by Kansas soybeans; and
Be it further resolved: That the Secretary of State is directed to send enrolled copies of
this resolution to the League of Kansas Municipalities, the Kansas Association of Counties,
the Kansas Turnpike Authority, the Kansas Association of School Boards, the Secretary of
Transportation and the Secretary of Administration.
REPORT ON ENGROSSED BILLS HB 2652, 2832 reported correctly engrossed February 18, 2000.
On motion of Rep. Weber, the House adjourned until 11:00 a.m., Tuesday, February 22,
2000.