March 10, 2000

Journal of the House

FORTY-THIRD DAY
______
Hall of the House of Represenatitives
Topeka, KS, Friday, March 10, 2000, 8:30 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 117 members present.

 Reps. Adkins, Barnes, Empson, Gregory, McKechnie, J. Peterson, Reinhardt and Stone
were excused on excused absence by the Speaker.

 Present later: Rep. Gregory

   Prayer by Chaplain Svoboda:

   This prayer adapted from the Book of Common Prayer, p. 827

            Almighty God,

              you proclaim your truth
              in every age by many voices:
              Direct, in our time, we pray,
              those who speak where many listen
              and write what many read;
              that they may do their part
              in making the heart of this people wise,
              its mind sound,
              and its will righteous.
            We ask these things in Your name.

            Amen.

       The Pledge of Allegiance was led by Rep. Dreher.

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

   Agriculture: HB 3028.

 Health and Human Services: HB 3027.

MESSAGE FROM THE SENATE
 Announcing passage of SB 382, 432, 492, 546, 620, 634, 640.

 Also, announcing passage of HB 2598, 2652, 2661, 2662, 2701, 2756.

 Announcing passage of HB 2641, as amended; HB 2655, as amended; HB 2862, as
amended.

 Announcing adoption of HCR 5059, as amended.

 The Senate adopts conference committee report on Sub. HB 2322.

 The Senate nonconcurs in House amendments to SB 190, requests a conference and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

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

   SB 382, 432, 492, 546, 620, 634, 640.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 190.

 Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as con-
ferees on the part of the House.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
 On motion of Rep. Horst, HR 6013, A resolution in memory of Robert Caldwell, was
adopted.

CONSENT CALENDAR
 Objection was made to SB 473, 521, 463, 465 appearing on the Consent Calendar; the
bills were placed on the calendar under the heading of General Orders.

 No objection was made to HB 2724, 3005; SB 459, 460, 498 appearing on the Consent
Calendar for the first day.

 No objection was made to HB 2997; SB 457 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 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, was considered on final action.

 On roll call, the vote was: Yeas 117; Nays 0; Present but not voting: 0; Absent or not
voting: 8.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Ger-
inger, Gilbert, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, John-
ston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light,
Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary,
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, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz,
Sloan, Spangler, 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: Adkins, Barnes, Empson, Gregory, McKechnie, J. Peterson, Rein-
hardt, Stone.

 The bill passed.

 SB 457, An act relating to trust authority; concerning inactive trust companies or de-
partments; amending K.S.A. 1999 Supp. 9-1703 and repealing the existing section, was
considered on final action.

 On roll call, the vote was: Yeas 116; Nays 0; Present but not voting: 1; Absent or not
voting: 8.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Ger-
inger, Gilbert, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Horst, 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, 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, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vick-
rey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: Hermes.

 Absent or not voting: Adkins, Barnes, Empson, Gregory, McKechnie, J. Peterson, Rein-
hardt, Stone.

 The bill passed.

 Sub. HB 2971, An act relating to housing; concerning administration of state housing
program; establishing a state housing corporation; amending K.S.A. 74-5084 and 74-5085
and K.S.A. 1999 Supp. 74-5086a and repealing the existing sections; also repealing K.S.A.
74-5082 and 74-5083, was considered on final action.

 On roll call, the vote was: Yeas 67; Nays 49; Present but not voting: 1; Absent or not
voting: 8.

 Yeas: Aday, Alldritt, Ballard, Beggs, Benlon, Boston, Burroughs, Campbell, Compton,
Cox, Crow, Dean, Feuerborn, Findley, Flaharty, Flora, Flower, Garner, Gatewood, Gilbert,
Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Horst, Huff, Humerickhouse, John-
ston, Kirk, Klein, Phil Kline, Kuether, Larkin, Light, Lightner, Lloyd, M. Long, Loyd, Ma-
son, Mayans, McClure, McKinney, Minor, Nichols, O'Brien, Pauls, E. Peterson, Phelps,
Powers, Reardon, Rehorn, Ruff, Sharp, Showalter, Shriver, Spangler, Storm, Swenson, Ted-
der, Toelkes, Tomlinson, Weber, Weiland, Wells, Welshimer.

 Nays: Allen, Aurand, Ballou, Bethell, Carmody, Dahl, Dreher, Edmonds, Faber, Farmer,
Freeborn, Geringer, Glasscock, Hermes, Holmes, Howell, Hutchins, Jenkins, Jennison,
Johnson, Phill Kline, Krehbiel, Landwehr, Lane, P. Long, Mays, McCreary, Merrick, Mol-
lenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Pal-
mer, Pottorff, Powell, Ray, Schwartz, Shultz, Sloan, Tanner, Thimesch, Vickrey, Vining,
Wagle, Wilk.

 Present but not voting: Toplikar.

 Absent or not voting: Adkins, Barnes, Empson, Gregory, McKechnie, J. Peterson, Rein-
hardt, Stone.

 The substitute bill passed, as amended.


EXPLANATIONS OF VOTE
 Mr. Speaker: I vote no on Sub. HB 2971 in order to stop the creation of a state sequel
to HUD. This bill allows a corporation to be formed that gives broad authority to seven
persons, with very few checks and balances. With this bill, the state can issue mortgages,
become a landlord, a developer and a mortgage broker. This corporation is not subject to
the rule and regulation-making process. This bill transfers $27 million from the budget of
the Department of Commerce and Housing without any overview of the appropriations
process. This is a comprehensive piece of legislation, with serious ramifications.--Brenda
K. Landwehr

   Mr. Speaker: A compelling case to form this new quasi-governmental housing finance
agency has not been effectively made. Only one day of committee hearings was allowed.
Yet this bill shifts both federal and state funds from present state agencies to a seven-member
board appointed by the Governor. None of these members, by statute, are appointed from
the state legislature and there is no legislative authority to oversee the activities of this quasi-
governmental corporation. The vast financial authority to affect real property in our state is
not acceptable. The following legislators vote no on Sub. HB 2971.--Don Myers, Peggy
Palmer, John Faber, Billie R. McCreary, Gayle Mollenkamp, Jim Morrison, Bob
Bethell, Ron Merrick, Mike Farmer, Don Dahl, Peggy Long, Billie Vining,
Judith Morrison, Kay O'Connor

   Mr. Speaker: I vote no on Sub. HB 2971. This bill proposes to transfer $27,000,000
from the Department of Commerce and Housing to assist families in need of housing. A
new government bureaucracy would be created that would mix public and private funds
with a future potential cost to taxpayers.

 I would rather see $27,000,000 used to offer families property tax relief in the form of
increasing the residential exemption from $20,000 to $40,000 of the property being exempt
from the state mill levy. This would create an immediate reduction in monthly house pay-
ments for all who qualify and would certainly assist a lot of families.--Kay O'Connor,
Peggy Long, Billie Vining, Becky Hutchins, Don Myers

   Mr. Speaker: Sub. HB 2971 is supposed to address shortage of affordable housing for
low and moderate income. All parties came together for a summer study on a bill that had
many problems. A great attempt was made to address necessary changes.

 Supporters of this new corporation believe it will not be competition for the building
industry. I hope they are right.

 My biggest concern is something that wasn't discussed much: quality of construction.

 Our counties have local control when it deals with building regulations and code enforce-
ment. I believe that this program might unintentionally encourage less than quality con-
struction. I vote no on Sub. HB 2971.--Dan Thimesch

   SB 564, An act concerning grain storage; relating to public warehouses; amending K.S.A.
34-237 and 34-2,111 and K.S.A. 1999 Supp. 34-228, 34-229, 34-230, 34-236, 34-273 and
34-2,104 and repealing the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 116; Nays 0; Present but not voting: 0; Absent or not
voting: 9.

 Yeas: Aday, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Ger-
inger, Gilbert, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, John-
ston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner,
Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, 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, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vick-
rey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Adkins, Barnes, Empson, Gregory, Phill Kline, McKechnie, J. Pe-
terson, Reinhardt, Stone.

 The bill passed, as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Federal and State Affairs recommends HB 2922 be passed.

 The Committee on Insurance recommends SB 440, 444 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 Utilities recommends Substitute for Substitute for SB 257 be
amended by substituting a new bill to be designated as ``House Substitute for Substitute for
Substitute for SENATE BILL No. 257,'' as follows:

  ``HOUSE Substitute for Substitute for Substitute for SENATE BILL No. 257

By Committee on Utilities

``AN ACT concerning electric transmission lines; amending K.S.A. 66-1,178, 66-1,179
and 66-1,182 and repealing the existing sections.'';
   and the substitute bill be passed.
   (H. Sub. for Sub. for Sub. SB 257 was thereupon introduced and read by title.)

REPORT OF STANDING COMMITTEE
 Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that

   Request No. 156, by Representative Vining, congratulating Valley Center High School,
selected to participate in a student exchange program with a secondary school, Lyceum #9
in Astana, Kazakhstan, formerly of the Soviet Union;

 Request No. 157, by Representative McKinney, commending Jamie McElwain on 50
years as a registered pharmacist;

 Request No. 158, by Representative Ballard, congratulating Victor Tuttle on achieving
Eagle Scout;

 Request No. 159, by Representative Powell, congratulating David, Cecilia, Liza and
Lauren Whitacre on the birth of a son and brother, Maxwell Benjamin Whitacre;

 Request No. 160, by Representative Pottorff, congratulating The Friendship Force of
Kansas, recently recognized as 1999 Club of the Year;

 Request No. 161, by Representative Krehbiel, congratulating Tara Holloway of Emporia
State University, named most valuable player, MIAA Conference Women's Basketball;

 Request No. 162, by Representative O'Neal, commending James W. Shaw, Jr., Reno
County Coroner, for 26 years of service;

 Request No. 163, by Representative Weber, congratulating Roe Groom on his 100th
birthday;

 Request No. 164, by Representatives from Shawnee County, commending students in
the top 5% of their classes;

 Request No. 165, by Representative Wells, congratulating Wichita Chapter of Links,
Inc., for hosting Beautillion for 25 years;

 Request No. 166, by Representative Crow, commending the Carnegie Arts Center of
Leavenworth, recognizing the Center as winner of the 1999 Governor's Arts Award;

 Request No. 167, by Representatives M. Long, Reardon, Haley, Sharp, Henderson,
Burroughs and Rehorn, congratulating Michael Lambert on achieving Eagle Scout;

    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.

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

  HOUSE RESOLUTION NO. 6014--



By Representatives Mayans, Adkins, Alldritt, Ballard, Ballou, Barnes, Beggs, Bethell, Bur-
      roughs, Campbell, Compton, Crow, Dean, Dreher, Faber, Farmer, Flaharty, Flower,
      Freeborn, Geringer, Gilbert, Grant, Haley, Henry, Hermes, Horst, Huff, Hutchins,
      Johnston, Kirk, Phil Kline, Larkin, Lightner, P. Long, Mason, Mays, McClure, Mc-
      Creary, McKinney, Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers,
      Nichols, O'Brien, O'Connor, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff,
      Powell, Reardon, Rehorn, Ruff, Showalter, Shultz, Sloan, Stone, Storm, Swenson, Tan-
      ner, Tedder, Thimesch, Tomlinson, Toplikar, Vining, Wagle, Weiland and Welshimer

     

A RESOLUTION requesting a study regarding petroleum products.

 WHEREAS, A world shortage of crude oil exists as production by the Organization of
the Petroleum Exporting Countries (OPEC) has decreased to about 26 million barrels per
day; and

 WHEREAS, This shortage of crude oil has caused the price of crude oil to increase from
$10.72 per barrel in December of 1998 to a nine-year high of $31.77 per barrel in March
of 2000; and

 WHEREAS, This shortage of crude oil has caused heating oil prices to double in some
areas of our nation and gasoline prices to increase to an all-time high average cost of $1.50
a gallon; and

 WHEREAS, The substantial increase in the price of gasoline, diesel fuel and other pe-
troleum products are negatively affecting the activities of all Kansans, particularly our farm-
ers, truckers and individuals driving to and from work; and

 WHEREAS, Bitter cold temperatures in the northeastern United States this past winter
have created such demand for natural gas and heating oil that the availability of other
petroleum products will be affected for some time; and

 WHEREAS, While the three major petroleum-exporting countries, OPEC members,
Saudi Arabia and Venezuela, plus Mexico, a non-OPEC member, are recommending in-
creases in oil production, there is no assurance that the other OPEC members are supportive
of much increase in oil production at this time; and

 WHEREAS, Even if world-wide oil production is increased, several weeks would pass
before oil product prices would decline: Now, therefore,

   Be it resolved by the House of Representatives of the State of Kansas: That we request
the Governor appoint a task force of appropriate persons to study the price and availability
of petroleum products and to make any recommendations which the state of Kansas could
do to alleviate the current high prices of petroleum products--with such report to be made
prior to the sine die adjournment of the 2000 legislative session; and

   Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to the Governor.

   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 3029, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; certain elected local officials, by Committee on
Appropriations.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 3021 from Committee on Ju-
diciary and referral to Committee on Economic Development.

REPORT ON ENGROSSED BILLS
 Sub. HB 2971 reported correctly engrossed March 9, 2000.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, March 13,
2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.