The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 118 members present.
Reps. Ballard, Geringer, Howell, Powers, Reinhardt, Storm and Vining were excused on
excused absence by the Speaker.
Prayer by guest chaplain, the Most Reverend James P. Keleher, Metropolitan Archbishop
of Kansas, Kansas City, and guest of Rep. Wilk:
It is such an honor to be invited to this chamber for a brief religious mes-
sage. In particular, on this Feast of St Patrick I am delighted to point out that
for me the great thing about this apostle to the Irish is the strength of faith
that sustained him in that rugged Isle where he had once been enslaved and
where pagan druidism followed his every move with the intention of destroy-
ing him. It was only his rugged faith that made him victorious.
Because of his faith, Patrick did some great things for the island besides
driving out the snakes. He set a moral tone that the pagan ways resisted but
finally embraced. He put into law the basic commandments that are part of
our Judeo-Christian heritage.
Patrick also was responsible for establishing harmony between the warring
parties and insisted that peace was what God desired.
He also established the monasteries that preserved the culture and heritage
that would have otherwise been destroyed in the dark ages to follow.
So I pray that joined by Patrick's prayer the Good Lord will strengthen
you to continue to set into law the basic moral principles that are part of our
common faith. That you who are continually torn between the demands of
opposing parties and politics will be able to establish policies that will permit
all shades of opinion to live in peace. And finally that you give your best
efforts to preserving the fabric of our Kansas culture, the rhythm of our
commerce and business, of our mighty agricultural base, of our small towns,
of our family structure--all of which is our State's strength.
May the Lord keep your faith strong. May the forces of self-interest never
dominate over the common good; may partisan politics not prevail over ful-
filling basic human needs--that of the poor, of the little ones, of the unborn,
of the single moms, of the small farm family, and all who look to you for help.
Keep the faith and you will keep Kansas the great State it is!!!!! Amen!!!!!
The Pledge of Allegiance was led by Rep. Johnston.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: SCR 1626.
Appropriations: HB 3042; SB 266.
Education: SB 380.
Financial Institutions: SB 549.
Kansas 2000 Select: HB 3043.
MESSAGES FROM THE GOVERNOR HB 2701 approved on March 16, 2000.
COMMUNICATIONS FROM STATE OFFICERS
From Dale K. Davis, Chairman, Kansas Performance Review Board, Report on the State
Printing Operations, March 2000.
From Clyde Graeber, Secretary, Department of Health and Environment, and Ronald
F. Hammerschmidt, Ph.D., Director, Division of Environment, Kansas Environment 2000.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
Announcing passage of Sub. SB 600.
Announcing adoption of SCR 1628, 1635.
Announcing passage of HB 2817.
Announcing passage of HB 2580, as amended; Sub. HB 2581, as amended by S. Sub. for Sub. HB 2581.
The Senate accedes to the request of the House for a conference on SB 389 and has
appointed Senators Hardenburger, Emert and Hensley as conferees on the part of the
Senate.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bill and concurrent resolutions were thereupon introduced and read
by title:
Sub. SB 600; SCR 1628, 1635.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Powell to concur in Senate amendments to S. Sub. for Sub. HB 2581, Rep. Klein offered a substitute motion to nonconcur and asked that a conference
committee be appointed. The substitute motion did not prevail.
The question then reverted back to the original motion of Rep. Powell to concur in Senate
amendments to S. Sub. for Sub. HB 2581, An act concerning abortion; amending K.S.A.
1999 Supp. 65-6701, 65-6703, 65-6712 and 65-6721 and repealing the existing sections.
On roll call, the vote was: Yeas 32; Nays 86; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballard, Geringer, Howell, Powers, Reinhardt, Storm, Vining.
The motion did not prevail and the House did not concur in Senate amendments to S. Sub. for Sub. HB 2581.
On motion of Rep. Mason, the House nonconcurred in Senate amendments to HCR 5059 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Mason, Vickrey and Kuether as con-
ferees on the part of the House.
On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to HB 2659 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and Flora as conferees
on the part of the House.
On motion of Rep. Adkins, the House nonconcurred in Senate amendments to HB 2660
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Adkins, Neufeld and Feuerborn as
conferees on the part of the House.
CONSENT CALENDAR
No objection was made to SB 515 appearing on the Consent Calendar for the first day.
No objection was made to SB 441, 458 appearing on the Consent Calendar for the second
day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2603, An act concerning energy conservation; relating to improvements to state and
municipal facilities; authorizing the financing of such improvements, 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: Ballard, Geringer, Howell, Powers, Reinhardt, Storm, Vining.
The bill passed, as amended.
SB 412, An act concerning banks and banking; relating to rules and regulations of the
bank commissioner; establishing the state banking code; providing for the conversion of
federal savings associations or banks; amending K.S.A. 9-805 and 9-1713 and K.S.A. 1999
Supp. 9-539 and 9-808 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 103; Nays 15; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballard, Geringer, Howell, Powers, Reinhardt, Storm, Vining.
The bill passed, as amended.
SB 445, An act concerning the uniform consumer credit code; amending K.S.A. 1999
Supp. 16a-1-301 and 16a-3-207 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 115; Nays 3; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballard, Geringer, Howell, Powers, Reinhardt, Storm, Vining.
The bill passed, as amended.
SB 470, An act concerning crimes, criminal procedure and punishment; relating to sen-
tencing and eavesdropping; relating to violation of the liquor law; relating to arrest warrants;
relating to cruelty to animals; amending K.S.A.21-4001 and 21-4608 and K.S.A. 1999 Supp.
21- 4310 and 22-3717 and 41-727 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 100; Nays 18; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballard, Geringer, Howell, Powers, Reinhardt, Storm, Vining.
The bill passed, as amended.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote no on SB 470, the ``Scruffy'' bill. When a violation of the abortion
law, 65-6703, which pertains to a viable unborn is committed, the first offense is a misde-
meanor. This late term baby feels the pains of death. The abortionist certainly does this for
the pleasure of acquiring large sums of money, or else the abortionist would be doing it for
cost.
The agonizing death of a nearly born baby is surely as important as an animal. I will not
vote for a penalty that is higher for the death of an animal than for the deliberate killing of
an innocent baby.--Kay O'Connor
Mr. Speaker: Adults who torture, maim or kill a defenseless animal are mentally ill and,
many times, completely anti-social. Courts can provide help these people need if the per-
petrators are convicted as felons. Statistics show that left untreated, manifestations of tor-
turing helpless animals can grow until abuse includes children and spouses (even as with
innumerable serial killers). Society needs to know early who and where these predators are.
And as felons, provide counseling and, hopefully, remedies for this degenerative anti-
socialism.
Last year, SB 181 included the ``Scruffy'' amendment but the Senate just left the bill in
conference. The House now sends another request for public safety. I vote yes on SB 470.--
David Haley
SB 472, An act concerning crimes and punishment; relating to violations of condition of
release by conviction of new misdemeanor; amending K.S.A. 1999 Supp. 75-5217 and re-
pealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 72; Nays 46; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Ballard, Geringer, Howell, Powers, Reinhardt, Storm, Vining.
The bill passed.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends SB 532, 534 be passed.
The Committee on Agriculture recommends HCR 5063 be adopted.
The Committee on Agriculture recommends SB 640 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
The Committee on Agriculture recommends SB 531 be amended on page 2, in line 13,
by striking ``a'' and inserting ``an ambient''; and the bill be passed as amended.
The Committee on Economic Development recommends HB 3019, 3020 be passed.
The Committee on Economic Development recommends HB 3011 be amended on
page 3, in line 33, by striking ``expending'' and inserting ``expanding''; and the bill be passed
as amended.
The Committee on Federal and State Affairs recommends Sub. SCR 1634 be adopted.
The Committee on Federal and State Affairs recommends SCR 1632 be adopted and,
because the committee is of the opinion that the resolution is of a noncontroversial nature,
be placed on the consent calendar.
The Committee on Federal and State Affairs recommends SB 475, as amended by
Senate Committee, be amended on page 1, in line 32, by striking all following ``shortages'';
in line 33, by striking all preceding ``or''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SCR 1636 be adopted.
The Committee on Insurance recommends SB 443 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
The Committee on Judiciary recommends SB 423, 448, 488, 526, 529 be passed.
The Committee on Judiciary recommends SB 528 be passed and, because the commit-
tee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
The Committee on Judiciary recommends SB 425, as amended by Senate Committee
of the Whole, be amended on page 1, in line 30, by striking ``, except''; by striking all in
lines 31 and 32; in line 33, by striking all before the period; and the bill be passed as
amended.
The Committee on Judiciary recommends SB 447, as amended by Senate Committee,
be amended on page 2, in line 17, by striking all after ``records''; in line 18, by striking all
before ``may'';
On page 4, in line 37, after ``of'' where it appears for the first time, by inserting ``intent
to request''; and the bill be passed as amended.
The Committee on Judiciary recommends SB 471, as amended by Senate Committee
of the Whole, be amended on page 3, in line 2, by striking ``imprisoned'' and inserting
``incarcerated'';
On page 4, in line 19, by striking ``imprisoned'' and inserting ``incarcerated''; and the bill
be passed as amended.
The Committee on Judiciary recommends SB 483, as amended by Senate Committee
of the Whole, be amended on page 3, in line 11, by striking ``director,''; and the bill be
passed as amended.
The Committee on Transportation recommends SB 426, 427 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 Transportation recommends SB 611 be amended on page 1, after
line 13, by inserting the following:
``New Section 1. (a) Any owner or lessee of one or more passenger vehicles or trucks of
a gross weight of 20,000 pounds or less, who is a resident of the state of Kansas, and who
submits satisfactory proof to the director of vehicles, in accordance with rules and regulations
adopted by the secretary of revenue, that such person is a public safety member, upon
compliance with the provisions of this section, may be issued one distinctive license plate
for each such passenger vehicle or truck designating such person as a public safety member.
Such license plates shall be issued for the same period of time as other license plates upon
proper registration and payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto.
(b) Any person who is a public safety member may make application for such distinctive
license plates, not less than 60 days prior to such person's renewal of registration date, on
a form prescribed and furnished by the director of vehicles, and any applicant for the
distinctive license plates shall furnish the director with proof as the director shall require
that the applicant is a public safety member. Application for the registration of a passenger
vehicle or truck and issuance of the license plates under this section shall be made by the
owner or lessee in a manner prescribed by the director of vehicles upon forms furnished by
the director.
(c) No registration of distinctive license plates issued under the authority of this section
shall be transferable to any other person.
(d) Renewals of registration under this section shall be made annually, upon payment of
the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A.
8-132, and amendments thereto. No renewal of registration shall be made to any applicant
until such applicant has filed with the director a form as provided in subsection (b). If such
form is not filed, the applicant shall be required to comply with K.S.A. 8-143, and amend-
ments thereto, and return the distinctive license plates to the county treasurer of such
person's residence.
(e) As used in this section, ``public safety member'' means a law enforcement officer, as
defined by K.S.A. 22-2202, and amendments thereto, or any firefighter.
New Sec. 2. (a) Any owner or lessee of one or more passenger vehicles or trucks registered
for a gross weight of 20,000 pounds or less, who is a resident of Kansas, upon compliance
with the provisions of this section, may be issued one Kansas foundation for agriculture in
the classroom license plate for each such passenger vehicle or truck. Such license plates
shall be issued for the same time as other license plates upon proper registration and pay-
ment of the regular license fee as provided in K.S.A. 8-143, and amendments thereto, and
the presentation of the annual logo use authorization statement provided for in subsection
(b).
(b) The board of directors of the Kansas foundation for agriculture in the classroom may
authorize the use of their logo to be affixed on license plates as provided by this section.
Any royalty payment received pursuant to this section shall be paid to the foundation and
shall be used in accordance with the by-laws of the foundation to further the mission of the
foundation. Any motor vehicle owner or lessee annually may apply to the board for the use
of such logo. Upon annual application and payment to the board in an amount of not less
than $25 nor more than $100 as a logo use royalty payment for each license plate to be
issued, the board shall issue to the motor vehicle owner or lessee, without further charge,
a logo use authorization statement, which shall be presented by the motor vehicle owner or
lessee at the time of registration.
(c) Any applicant for a license plate authorized by this section may make application for
such plates not less than 60 days prior to such person's renewal of registration date, on a
form prescribed and furnished by the director of vehicles, and any applicant for such license
plates shall provide the annual logo use authorization statement provided for in subsection
(b). Application for registration of a passenger vehicle, truck or motorcycle and issuance of
the license plate under this section shall be made by the owner or lessee in a manner
prescribed by the director of vehicles upon forms furnished by the director.
(d) No registration or license plate issued under this section shall be transferable to any
other person.
(e) Renewals of registration under this section shall be made annually, upon payment of
the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A.
8-132, and amendments thereto. No renewal of registration shall be made to any applicant
until such applicant provides the annual logo use authorization statement provided for in
subsection (b). If such logo use authorization statement is not presented at the time of
registration, the applicant shall be required to comply with K.S.A. 8-143, and amendments
thereto, and return the license plate to the county treasurer of such person's residence.
(f) The board of directors of the Kansas foundation for agriculture in the classroom shall:
(1) Pay the initial cost of silk-screening for license plates authorized by this section; and
(2) provide to all county treasurers a toll-free telephone number where applicants can
call the board for information concerning the application process or the status of their license
plate application.
(g) The board of directors of the Kansas foundation for agriculture in the classroom, with
the approval of the director of vehicles and subject to the availability of materials and
equipment, shall design a plate to be issued under the provisions of this section.'';
And by renumbering sections accordingly;
On page 2, in line 8, after ``after'' by inserting ``January 1, 2001, and'';
In the title, in line 9, after ``to'' by inserting ``motor vehicles; concerning''; also in line 9,
by striking ``for United States military veterans''; and the bill be passed as amended.
The Committee on Utilities recommends HB 2591 be amended by substituting a new
bill as recommended by House Committee on Education as reported in the Journal of the
House on March 8, 2000, and the substitute bill be amended on page 1, in line 12, preceding
``There'' by inserting ``(a)''; in line 13, by striking all following the period; in line 14, by
striking all preceding ``for'' and inserting ``The purpose of KAN-ED shall be to provide
internet connectivity with a minimum speed of 128 kilobits per second, distance learning
capability and integration of technology into curriculum''; in line 15, preceding ``and'' by
inserting ``nonpublic schools accredited by the state board of education''; following line 19,
by inserting the following:
``(b) KAN-ED shall not provide two-way, voice grade communications except as an in-
tegral component of a distance learning activity. School districts, school district interlocal
cooperatives, school district cooperatives, nonpublic schools accredited by the state board
of education and public libraries in this state shall not use KAN-ED to provide internet
access to other persons.
(c) KAN-ED shall not be limited to technology existing on the effective date of this act
and may interconnect or reconfigure as required to facilitate the use of future technology
for interconnectivity with KAN-ED technology.
(d) Nothing in this section shall be construed to prevent services described in subsection
(a) from being provided by any provider using a network other than KAN-ED.'';
Also on page 1, following line 32, by inserting the following:
``(c) The information technology project plan for KAN-ED shall not provide for: (1)
Impairment of any existing contract for the provision of telecommunications service to any
school district, school district interlocal cooperative, school district cooperative, nonpublic
schools accredited by the state board of education or public library; (2) state ownership or
construction of any network circuits or network facilities other than those owned by the
state on the effective date of this act; or (3) use of KAN-ED for purposes inconsistent with
the purpose provided by section 1, and amendments thereto.'';
On page 2, in line 34, preceding ``and'' by inserting ``nonpublic schools accredited by the
state board of education''; in line 36, following the period, by inserting:
``Existing telecommunications facilities may be used in KAN-ED if such facilities are suf-
ficient for the purpose provided by section 1, and amendments thereto.
Sec. 6. On or before January 15 of each year the executive chief information technology
officer shall prepare and submit a report to the house and senate standing committees on
utilities and the house and senate committees on education. Such report shall include a
summary of the plan and its implementation and a report of moneys received and expended
for KAN-ED.
Sec. 7. For purposes of KAN-ED, school districts, school district interlocal cooperatives,
school district cooperatives, nonpublic schools accredited by the state board of education
and public libraries shall establish policies regarding acceptable use of internet access and
filtering of content accessible through the internet.
Sec. 8. The Kansas technology enterprise corporation may establish one or more nonprofit
organizations to exempt from federal income taxation under section 501 (c)(3) of the federal
internal revenue code to accept grants, gifts or donations of moneys for use in effectuating
the purposes of KAN-ED.'';
Also on page 2, by renumbering section 6 as section 9; and the bill be passed as amended.
The Kansas 2000 Select Committee recommends HB 2718 be amended by substitut-
ing a new bill to be designated as ``Substitute for HOUSE BILL No. 2718,'' as follows:
``Substitute for HOUSE BILL No. 2718
By Kansas 2000 Select Committee
``AN ACT concerning retirement; relating to defined contribution plan for employees who
become employed after the effective date of the act.'';
and the substitute bill be passed.
(Sub. HB 2718 was thereupon introduced and read by title.)
The Kansas 2000 Select Committee recommends SB 40 be amended by substituting
a new bill to be designated as ``House Substitute for SENATE BILL No. 40,'' as follows:
``HOUSE Substitute for SENATE BILL No. 40
By Kansas 2000 Select Committee
``AN ACT concerning state officers and employees; relating to compensation and related
benefits and policies; amending K.S.A. 75-5549 and repealing the existing section; also
repealing K.S.A. 1999 Supp. 75-6801.'';
and the substitute bill be passed.
(H. Sub. SB 40 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. 168, by Representative Toelkes, congratulating Shawnee Heights High
School Boys' 5A State Basketball Champions;
Request No. 169, by Representative Weber, congratulating Milton Fleming, 1999 Cit-
izen of the Year, Herington Area Chamber of Commerce/Main Street Program;
Request No. 170, by Representative Weber, congratulating Verle Bowers, 1999 Senior
Citizen of the Year, Herington Area Chamber of Commerce/Main Street Program;
Request No. 171, by Representative Weber, congratulating Justin Donahue, 1999 Young
Citizen of the Year, Herington Area Chamber of Commerce/Main Street Program;
Request No. 172, by Representative Crow, congratulating Leavenworth High School
Boys' Basketball Team, 6A State Champions;
Request No. 173, by Representative P. Long, commending Matt Clark for scoring over
1000 points in his high school basketball career;
Request No. 174, by Representative Benlon, congratulating Brandon Wilcox on achiev-
ing Eagle Scout;
Request No. 175, by Representative Benlon, congratulating Fred and Erlene Henik on
50 years of marriage;
Request No. 176, by Representative Toelkes, commending Edbert Miller for faithfully
filming Shawnee Heights High School's athletic teams for 30 years;
Request No. 177, by Representatives Jenkins, Kirk and Kuether, congratulating Topeka
West High School Girls' Basketball Team, Class 5A State Champions;
Request No. 178, by Representative Dreher, congratulating Burlington High School
Girls' Basketball Team, Class 4A State Champions;
Request No. 179, by Representatives Neufeld and McKinney, congratulating Deloyce
(Dee) McKee on her selection as the Kansas Special Education Administrator of the Year
by the Kansas Association of Special Education Administrators;
Request No. 180, by Representative Neufeld, congratulating Cimarron Elementary
School on receiving the Reading Renaissance Model School Award from the Institute of
Academic Excellence;
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.
REPORT ON ENGROSSED BILLS HB 2603 reported correctly engrossed March 16, 2000.
REPORT ON ENROLLED BILLS Sub. HB 2642; HB 2677, 2781, 2826 reported correctly enrolled, properly signed and
presented to the governor on March 17, 2000.
REPORT ON ENROLLED RESOLUTIONS HR 6015 reported correctly enrolled and properly signed on March 16, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, March 20,
2000.