March 9, 2000

Journal of the House

FORTY-SECOND DAY
______
Hall of the House of Represenatitives
Topeka, KS, Thursday, March 9, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 124 members present.

 Rep. O'Neal was excused on excused absence by the Speaker.

   Prayer by guest chaplain, the Rev. Gary Benjamin, pastor, First Christian Church, Gar-
nett, and guest of Rep. Feuerborn:

               Heavenly Father, it is with a sense of humility and honor as we come before
            You today. You have richly blessed us and bestowed Your gifts upon us in so
            many ways.

             We ask today that You grant wisdom to those who serve our state in their
            role as representatives for the people in their district. At the same time, help
            them to be able to treat one another with respect and dignity as they discuss
            the issues at hand and guide them that their decisions will be based upon
            what is right and good for all Kansans.

             We also thank You for the freedom that we enjoy and we thank You for
            these representatives for their dedication and commitment to the State of
            Kansas. Help them to fulfill their role as leaders and grant them Your con-
            tinued peace.

             In Your holy name we pray, Amen.

   The Pledge of Allegiance was led by Rep. Henderson.

INTRODUCTION OF GUESTS
 Rep. Johnson introduced Warren Weibert, one of the regional winners and a finalist for
the national 2000 Vision Award which honors the best beef innovators in the United States.

 Rep. Johnson also introduced Steve Hunt who received the national 2000 Vision Award.

MESSAGES FROM THE GOVERNOR
 Sub. HB 2290 approved on March 8, 2000.

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

   Agriculture: HB 3026.

 Appropriations: HB 3025.

 Insurance: HB 3022, 3024.

 Judiciary: HB 3023.

 Taxation: HCR 5071.

 Kansas 2000 Select: HCR 5072.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
 The following resolution was introduced and read by title:

      HOUSE RESOLUTION No. 6013--

  By Representatives Horst, 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, Greg-
      ory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Howell, Huff,
      Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
      Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M.
      Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKin-
      ney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nich-
      ols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
      Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz,
      Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Ted-
      der, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
      Wells, Welshimer and Wilk

     
  A  RESOLUTION in memory of Robert Caldwell.
        WHEREAS,  Robert Caldwell, a giant in the Salina community, died October 20, 1999,
at age 86; and

      WHEREAS,  Robert Caldwell was a member of the Salina City Commission for eight
years and served three terms as Salina's only black mayor. He served as a state representative
for the 1977-78 term, was a member of the Kansas Board of Regents, was active for many
years in the Salina branch of the National Association for the Advancement of Colored
People (NAACP), and was a member of several other local and state civic organizations. He
was a teacher in Salina public schools for 39 years and a scoutmaster for 48 years; and

      WHEREAS,  Robert Caldwell spent most of his teaching years as a graphic arts instructor
at Salina Central High School although he taught for three years at Dunbar Elementary
School before being drafted during World War II. In 1976 he was voted the Salina and state
teacher of the year, and in 1979 he was elected to the Kansas Teachers Hall of Fame, Dodge
City; and

      WHEREAS,  Robert Caldwell has been described as a warrior in the civil rights move-
ment. He worked to help the African-American community state-wide, and when prospec-
tive members would lament they couldn't afford to join the NAACP, he would lend them
money to ensure they would join; and

      WHEREAS,  Robert Caldwell was born June 21, 1913, the sixth of nine children of Wil-
liam and Elizabeth Caldwell. He attended a segregated grade school and in high school
sports was allowed only to participate in track. In college he lettered all four years in track
with champion events in the high hurdles and broad jump. He served in World War II and
was severely injured while preparing for the D-day invasion in Europe. After the war he
returned to Salina and resumed his teaching career. He married his college sweetheart,
Bessie Lee Ellis, and they had three children, Robert, A-Toy and Teree. His wife and son
preceded him in death: Now, therefore,

      Be it resolved by the House of Representatives of the State of Kansas: That we extend
our deepest sympathy to the family of Robert Caldwell; and

      Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide five enrolled copies of this resolution to Representative Horst for presentation
to Mr. Caldwell's daughter, Teree Caldwell Johnson; his daughter, A-Toy Caldwell Colbert;
his brother, Roscoe C. Caldwell; his sister, Reba Litman; and his sister, Pearl Rice.

INTRODUCTION OF ORIGINAL MOTIONS
 Rep. Carmody moved, pursuant to House Rule 2311, that House Rule 1503, relating to
publication in the Calendar of the original motion of Rep. Alldritt on HB 2366, be sus-
pended and the motion of Rep. Alldritt be considered. The motion prevailed.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
 The motion of Rep. Alldritt, in accordance with House Rule 1503 (b), that HB 2366 be
changed to the first measure under the order of business General Orders, was considered.

 Roll call was demanded.

 On roll call, the vote was: Yeas 50; Nays 74; Present but not voting: 0; Absent or not
voting: 1.

 Yeas: Alldritt, Allen, Ballard, Barnes, Burroughs, Crow, Dean, Feuerborn, Findley, Fla-
harty, Flora, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Henderson, Henry,
Johnston, Kirk, Klein, Phill Kline, Kuether, Larkin, M. Long, Mayans, McClure, Mc-
Kechnie, McKinney, Minor, Nichols, O'Brien, Pauls, E. Peterson, Phelps, Reardon, Rehorn,
Reinhardt, Ruff, Sharp, Showalter, Shriver, Spangler, Storm, Tedder, Thimesch, Toelkes,
Wells, Welshimer.

 Nays: Aday, Adkins, Aurand, Ballou, Beggs, Benlon, Bethell, Boston, Campbell, Carmody,
Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Freeborn, Ger-
inger, Glasscock, Gregory, Hayzlett, Hermes, Holmes, Horst, Howell, Huff, Humerick-
house, Hutchins, Jenkins, Jennison, Johnson, Phil Kline, Krehbiel, Landwehr, Lane, Light,
Lightner, Lloyd, P. Long, Loyd, Mason, Mays, McCreary, Merrick, Mollenkamp, Jim Mor-
rison, Judy Morrison, Myers, Neufeld, O'Connor, Osborne, Palmer, J. Peterson, Pottorff,
Powell, Powers, Ray, Schwartz, Shultz, Sloan, Stone, Swenson, Tanner, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wilk.

 Present but not voting: None.

 Absent or not voting: O'Neal.

 The motion of Rep. Alldritt did not prevail, and HB 2366 remains on the calendar.

CONSENT CALENDAR
 No objection was made to SB 473, 521 appearing on the Consent Calendar for the first
day.

 No objection was made to HB 2997; SB 457, 463, 465 appearing on the Consent
Calendar for the second day.

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

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

 Recommended that committee report to SB 564 be adopted; and the bill be passed as
amended.

 Committee report recommending a substitute bill to Sub. HB 2971 be adopted; also, on
motion of Rep. Campbell be amended on page 6, in line 36, by striking all after ``moderate-
income''; in line 37, by striking all before ``to'';

      On page 8, after line 34, by inserting an additional paragraph as follows:

      ``(2) purchase or participate in the purchase of single-family home loans or make, pur-
chase or participate in the purchase of home-improvement loans when the mortgagor or
borrower does not meet the definitions of low-income, very-low income or moderate income
as defined in this act;'';

      By renumbering the existing paragraphs accordingly;

 Also, roll call was required on motion of Rep. Landwehr to strike the enacting clause on
Sub. HB 2971.

 On roll call, the vote was: Yeas 24; Nays 94; Present but not voting: 1; Absent or not
voting: 6.

 Yeas: Aurand, Ballou, Campbell, Carmody, Dahl, Faber, Farmer, Geringer, Howell,
Landwehr, P. Long, McCreary, Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers,
Neufeld, Palmer, Powell, Schwartz, Thimesch, Vining, Wagle.

 Nays: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Compton, Cox, Crow, Dean, Dreher, Edmonds, Empson, Feuerborn, Findley, Fla-
harty, Flora, Flower, Freeborn, Gatewood, Gilbert, Glasscock, Grant, Gregory, Haley, Hay-
zlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Huff, Hutchins, Jenkins,
Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, Light,
Lightner, Lloyd, M. Long, Loyd, Mason, Mayans, Mays, McClure, McKechnie, McKinney,
Minor, Nichols, O'Brien, Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tedder, Toelkes, Tomlinson, Vickrey, Weber, Weiland, Wells, Wel-
shimer, Wilk.

 Present but not voting: Toplikar.

 Absent or not voting: Garner, Humerickhouse, Phill Kline, O'Connor, O'Neal, Tanner.

 The motion of Rep. Landwehr did not prevail.

 Also, on motion of Rep. Howell to refer Sub. HB 2971 to Committee on Calendar and
Printing, the motion did not prevail.

 Also, on motion of Rep. Gregory to amend Sub. HB 2971, the motion did not prevail,
and the substitute bill be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Appropriations recommends HB 2724, 3005 be passed and, be-
cause the committee is of the opinion that the bills are of a noncontroversial nature, be
placed on the consent calendar.

      The Committee on Appropriations recommends HB 2603 be amended on page 1, in
line 20, by striking ``generate'' and inserting ``provide'';

      On page 2, in line 6, preceding ``municipality'' by inserting ``energy conservation con-
tractor shall provide the''; also in line 6, by striking ``shall obtain a certification''; in line 7,
by striking ``from''; and inserting ``with plans for the proposed energy conservation measures
prepared by''; also in line 7, by striking all after ``Kansas''; by striking all in lines 8 through
12; in line 13, by striking all preceding the period; also in line 13, preceding ``Notwithstand-
ing'', by inserting ``The energy conservation contractor shall also provide a report of the
calculations showing the estimated energy and operational cost savings that would result
from the proposed energy conservation measures.''; in line 27, by striking ``shall'' and in-
serting ``may''; in line 31, following the period, by inserting ``The secretary of administration
may fix, charge and collect reasonable fees for any administrative support and resources or
other services provided by the secretary under this subsection.''; and the bill be passed as
amended.

      The Committee on Appropriations recommends HB 2732 be amended on page 1, in
line 13, by striking all after ``On''; in line 14, by striking all before ``the director'' and inserting
``July 1, 2000, and on each July 1 thereafter,''; in line 15, by striking all after ``reports''; in
line 16, by striking all before ``from'' and inserting ``shall transfer $80,000 from the state
general fund to the Kansas sports hall of fame fund. The amount so transferred is hereby
determined to be substantially equivalent to the revenues received by the state''; in line 18,
by striking ``three'' and inserting ``12''; in line 21, by striking all after ``(b)''; by striking all of
line 22; in line 23, by striking ``to'' the first time it appears, and inserting ``There is hereby
established the Kansas sports hall of fame fund in the state treasury which shall be admin-
istered by the state treasurer in accordance with this section. All moneys transferred to the
Kansas sports hall of fame fund pursuant to this section shall be paid by the state treasurer
to the Kansas all sports hall of fame board of trustees and shall be deposited in''; in line 25,
by striking all after ``fame''; by striking all of lines 26 and 27; in line 28, by striking all before
the period; in line 29, after ``(c)'' by inserting ``All transfers made pursuant to this section
are subject to reduction under K.S.A. 75-6704 and amendments thereto.'' and the bill be
passed as amended.

      The Committee on Appropriations recommends HB 3009 be amended on page 1, in
line 37, after ``after'' by inserting ``July 1, 2001, and''; and the bill be passed as amended.

      The Committee on Appropriations recommends SB 248, as amended by Senate Com-
mittee, be amended on page 1, by striking all of lines 21 and 22 and inserting the following
material to read as follows:

      ``(a) As used in this section,

      (1) ``Capital improvement project'' means a project which has a total cost of $500,000
or less; and

      (2) ``private moneys'' means moneys from nongovernmental sources.''; and the bill be
passed as amended.

      The Committee on Federal and State Affairs recommends HB 2838 be amended on
page 1, in line 14, by striking all after ``in''; in line 15, by striking ``thereto, of''; in line 29,
following ``38-101'' by inserting ``, and amendments thereto''; in line 40, by striking ``suffers''
and inserting ``permits'';

      On page 2, in line 11, by striking ``his or her'' and inserting ``such person's'';

      On page 4, in line 8, by striking all after ``with''; in line 9, by striking all before the period
and inserting ``K.S.A. 59-1606, and amendments thereto'';

      On page 5, in line 31, by striking ``sections''; in line 32, by striking all before the period
and inserting ``K.S.A. 59-1606, and amendments thereto'';

      On page 8, following line 26, by inserting:

      ``New Sec.  8. The state department of human resources may adopt rules and regulations
setting out standards for minor children on motion picture sets as may be necessary to
protect the safety and well being of minor children and to carry out the purposes of this
act.'';

      By renumbering section 8 as section 9;

      Also on page 8, in line 28, by striking ``7'' and inserting ``8''; by striking all in lines 36
through 39;

      In the title, in line 9, by striking ``limiting hours''; by striking all in line 10; in line 11, by
striking ``trust'' and inserting ``relating to certain contracts and earnings thereunder''; and
the bill be passed as amended.

 The Committee on Financial Institutions recommends SB 459, 498, as amended by
Senate Committee, be passed and, because the committee is of the opinion that the bills
are of a noncontroversial nature, be placed on the consent calendar.

        The Committee on Financial Institutions recommends SB 487 be amended on page
1, in line 27, by striking ``both''; and the bill be passed as amended.

 The Committee on Governmental Organization and Elections recommends SB 464,
as amended by Senate Committee, be passed.

 The Committee on Utilities recommends SB 431, as amended by Senate Committee of
the Whole, be passed.

   (Having been referred separately, SB 431 is now in Committee on Judiciary.)

      The Committee on Utilities recommends HR 6011 be amended on page 1, in line 16,
by striking ``77-1808'' and inserting ``66-1801''; and the resolution be adopted as amended.

      The Committee on Utilities recommends SB 514, as amended by Senate Committee,
be amended on page 1, in line 28, by striking ``and supported by''; in line 29, by striking
``related''; in line 30, following ``project'' by inserting ``that is related to natural gas pipeline
safety or underground utility damage prevention and benefits the industry or community as
a whole'';

      In the title, in line 10, by striking ``natural gas pipeline safety'' and inserting ``the state
corporation commission''; and the bill be passed as amended.

 The Kansas 2000 Select Committee recommends SB 460 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.

   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 3027, An act concerning hospice; relating to hospice homes and pain management,
emergency medication kits; amending K.S.A. 1999 Supp. 65-1659 and repealing the existing
section, by Committee on Appropriations.

 HB 3028, An act concerning public warehouses; relating to certain structural require-
ments therefor, by Committee on Appropriations.

   On motion of Rep. Weber, the House adjourned until 8:30 a.m., Friday, March 10, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.