The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Reps. Minor and Reinhardt were excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
God of all wonder and love
we greet you again this morning.
Thank you for our work,
for our lives,
and for this coming weekend.
Help us to realize the beauty of every moment,
and the joy of every interaction.
Be with us this day and always.
Amen.
The Pledge of Allegiance was led by Rep. M. Long.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
Speaker pro tem Mays announced the referral of the following bills to the following
committees:
Committee on Health and Human Services: HB 3049.
Committee on Judiciary: HB 3051.
Committee on Utilities: HB 3050.
COMMUNICATIONS FROM STATE OFFICERS
From Richard E. Beyer, Secretary, Kansas Department of Human Resources, Kansas
Occupational Outlook, Executive Summary 2006, January 2000
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 653, 656.
Announcing passage of HB 2603, 2687.
Announcing passage of HB 2513, as amended by S. Sub. for HB 2513; HB 2855, as
amended; HB 2996, as amended.
The Senate adopts conference committee report on S. Sub. for HB 2476.
The Senate adopts conference committee report on HB 2860.
The Senate adopts conference committee report on HB 2883.
The Senate adopts conference committee report on HB 2884.
The Senate accedes to the request of the House for a conference on HB 2570 and has
appointed Senators Bond, Jordan and Petty as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on Sub. HB 2605 and
has appointed Senators Salisbury, Kerr and Petty as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2772 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2805 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 3005 and has
appointed Senators Praeger, Salmans and Feleciano 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 653, 656.
The House stood at ease until the sound of the gavel.
______
Speaker pro tem Mays called the House to order.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2858, An act authorizing the Kansas department of wildlife and parks to exceed
established expenditure limitations for compliance with federal aid expenditure require-
ments, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
H. Sub. for SB 323, An act making and concerning appropriations for the fiscal years
ending June 30, 2000, and June 30, 2001, for state agencies; authorizing certain transfers,
capital improvement projects and fees, imposing certain restrictions and limitations, and
directing or authorizing certain receipts, disbursements and acts incidental to the foregoing,
was considered on final action.
On roll call, the vote was: Yeas 113; Nays 10; Present but not voting: 0; Absent or not
voting: 2.
H. Sub. for SB 326, An act making and concerning appropriations for the fiscal year
ending June 30, 2001, for state agencies; authorizing certain transfers, capital improvement
projects and fees, imposing certain restrictions and limitations, and directing or authorizing
certain receipts, disbursements and acts incidental to the foregoing; amending K.S.A. 79-
2959 and 82a-953a, K.S.A. 1999 Supp. 79-2964 and 79-3425i and K.S.A. 1999 Supp. 79-
34,147, as amended by section 73 of 2000 Senate Bill No. 39, and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 76; Nays 47; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: I vote NO on H. Sub. for SB 326. Using KPERS funding to make up for
the state's budget shortfall establishes a dangerous precedent. For years, the federal gov-
ernment has used Social Security trust fund to balance the federal budget. I believe that it
is a serious mistake for the Kansas Legislature to do the same with KPERS funds. Both
Social Security and KPERS are promises made to retirees. It is imperative that we keep
those promises. KPERS retirees should not have to ``pick up the tab'' for fiscal mismanage-
ment of the state's budget. For this very important reason, I vote no.--Eber Phelps
Mr. Speaker: I vote NO on H. Sub. for SB 326. What a difference a year makes. Last
year, in a spirit of bipartisanship, this legislature crafted a budget that made smart invest-
ments in our communities and families and more importantly made the most vulnerable of
Kansans a priority. Today, with stunning indifference this budget retreats from these com-
mitments. Meals for home-bound seniors are cut, current levels of services for the disabled
are left unfunded and children with mental health needs are ignored. This budget protects
the powerful, while punishing the powerless. Finally, the true Republican agenda has
reached the House floor.--Margaret E. Long, Geraldine Flaharty, Melany Barnes
Mr. Speaker: I vote no on H. Sub. for SB 326. Statements were made yesterday about
republicans setting the correct priorities in this bill. Republicans could have joined with
Democrats and chosen to pay down debt in the last few years and the priorities set this year
would have been less harmful to many of our constituents. The state's commitment to clean
water has been reduced, while at the same time we have asked our constituents to continue
their commitment through user fees. This budget is far from ``high and tight,'' fast and loose
comes to mind.--Vaughn L. Flora
Mr. Speaker: I vote no on H. Sub. for SB 326. This budget is about broken promises!
The Governor proposes breaking the commitments that this Legislature made last year.
Mental Health Reform--slash and burn--broken promises. Higher Education Reform--
fortunately, the House would not let this be another broken Graves promise.
When the next fiscal year begins, the people of Kansas will find that the Graves admin-
istration has not kept commitments that they have been so happy to issue press releases on.
The Governor once again demonstrates his interest in satisfying the Kansas corporate elite
and avoiding the policy discussions on problems facing Kansas farmers, middle class citizens,
and our most vulnerable citizens. This is the hallmark of the Graves administration.--Doug
Spangler, Rocky Nichols, Marti Crow, L. Candy Ruff, Dixie Toelkes, Broderick
Henderson, Tom Burroughs, Jonathan Wells, David Haley
Mr. Speaker: We will not rob Peter to pay Paul. Seems to me I heard this statement
earlier this year. Using KPERS funds to plug holes in the budget and cutting programs to
the most vulnerable Kansans may be called shift--ting the budget, but to me it's down right
stealing from the people who need it most.
Our retirees and most vulnerable Kansans (Peter) should not have to ``pick up the tab''
for (Paul) the nearsighted people in charge. I vote no on H. Sub. for SB 326.--Bob Grant
Mr. Speaker: I vote NO on H. Sub. for SB 326. This budget carelessly places the
burden of fiscal mismanagement on those Kansans who can least afford it. To paraphrase
John Steinbeck, ``In the souls of state retirees, the elderly, the disabled and the disadvan-
taged, the grapes of wrath are filling and growing heavy, growing heavy for the vintage.'' I
vote no.--Tom Klein
Mr. Speaker: I vote no on H. Sub. for SB 326. It is a sad commentary on the Kansas
House of Representatives' level of commitment to public education for the past eight years
when a proposed 1.3% increase this year is hailed as a major step forward. This action speaks
volumes about our true priorities. This budget places the disabled, the aged and the poor
last in line and our school children next to last. Even in a tight budget year--we could do
better and hopefully we will in the omnibus bill.--Bill Reardon, Sue Storm
Mr. Speaker: We are paying for our sins of the past. We have started too many new
social programs which we now feel compelled to continue.
Too many social programs . . .
Too few dollars in State Treasury from
Too many tax dollars.
Thankfully, we did not spend any more. I vote yes on H. Sub. for SB 326.--Dave
Gregory
Mr. Speaker: Promises made should be promises kept. H. Sub. for SB 326 fulfills the
promises made to our children and young people in 1999 by fully funding, from secure
sources, the increase in base aid, special education, and our commitment under the Higher
Education Coordination Act. No matter what ``spin'' or ``take'' is put on this vote, the Journal
of the House will tell the facts--the Republican majority kept this promise; the Democrat
minority did not.--Tim Carmody, Ward Loyd, Gary Hayzlett, Ralph M. Tanner,
Carl C. Krehbiel, Gerald G. Geringer, Doug Mays, Kent Glasscock, Jim
Morrison, John Ballou, Joe Humerickhouse, Kathe Lloyd, Garry Boston,
Verlyn D. Osborne, Lloyd Stone, Peggy Palmer, Ray L. Cox, Billie McCreary,
Peggy Long, Gayle Mollenkamp, Kenny Wilk, Patricia Lightner, Joann
Freeborn, Clay Aurand, Don Dahl, Judy Morrison, Gerry Ray, Billie Vining,
Bob Bethell, Ray Merrick, Don Myers, Jerry L. Aday, Melvin J. Neufeld,
Stanley Dreher, Joann Flower, Mary Compton, Dan Johnson, Robin Jennison,
Michael R. O'Neal, David Huff
Mr. Speaker: I vote NO on H. Sub. for SB 326. The only redeeming quality for H. Sub. for SB 326 is the $50 on the Base State Aid Per Pupil. I came here today prepared
to vote for this bill. Now, Legislative Research Staff states the funding for Special Education
was really only 80%. Only if we steal from the Nursing Homes will it be funded at 85%.
I find that this bill contains fiscal gaps for the Public Employees Retirement, the elderly,
the mentally and physically disabled, public safety and many of those who are disadvantaged
in this society.--George Dean
Mr. Speaker: In his explanation of vote, a previous speaker misspoke when he said that
the 85% funding of Special Education is guaranteed. The chief fiscal officer indicated just
before this vote that the 85% funding of Special Education is not guaranteed. That fact and
the lack of proper funding of KPERS contribute to my NO vote on H. Sub. for SB 326.--
Ethel Peterson
Mr. Speaker: I vote No on H. Sub. for SB 326. It is amazing to witness the vainglory
of those supporting this horrible budget. Many of the new apostles of increased school
funding had to be dragged kicking and screaming to help schools.
For schools, this budget simply provides funds as required by state law passed last year.
This alone does not excuse the raid on KPERS funds included in this budget. It does not
excuse the retreat on public safety reflected in this budget. It does not excuse the hurt
imposed on disabled Kansans who will see more waiting lists. I vote no.--Jim Garner
H. Sub. for SB 430, An act concerning the use of fetal tissue; imposing restrictions
thereon; providing penalties for violations of such restrictions, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 5; Present but not voting: 0; Absent or not
voting: 2.
H. Sub. for SB 504, An act concerning civil procedure for limited actions; amending
K.S.A. 58-227, 58-2542, 58-25,102, 60-201, 60-213, 60-265, 60-304, 60-725, 60-2418 and
75-6103 and K.S.A. 1999 Supp. 19-4737, 20-302b, 20-362, 58-2565 and 60-2202 and re-
pealing the existing sections; also repealing K.S.A. 61-1601, 61-1603 through 61-1605, 61-
1608, 61-1701 through 61-1703, 61-1703a, 61-1704 through 61-1709, 61-1711 through 61-
1719, 61-1721 through 61-1723, 61-1725a, 61-1726, 61-1728, 61-1801 through 61-1803,
61-1805 through 61-1807, 61-1901 through 61-1909, 61-2001 through 61-2012, 61-2101,
61-2102, 61-2104 through 61-2109, 61-2201 through 61-2204, 61-2301 through 61-2304,
61-2306 through 61-2311, 61-2402 through 61-2405, 61-2502, 61-2503, and 61-2601
through 61-2605, and K.S.A. 1999 Supp. 61-1710, 61-1720, 61-1724, 61-1725, 61-1729, 61-
2013, 61-2014, 61-2103, 61-2305, 61-2401 and 61-2501, was considered on final action.
On roll call, the vote was: Yeas 76; Nays 47; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: Yesterday, Chairman O'Neal, in his closing stated ``No good deed goes
unpunished.'' In my comments I was not being critical of Chairman O'Neal or the com-
mittee. Both Chairman O'Neal and the committee did fine work on the bill. Furthermore,
I feel the Shawnee County Judge has done wonderful and creative work in Chapter 61.
My complaint is with the original work product. It did not come to our committee as
advertised but instead had a hidden agenda of denying defendants access to the courts which
took our committee weeks to sift through and correct.
I felt uncomfortable fixing a bill that came to us with such deceptive motives. I vote no
on H. Sub. for SB 504.--Rick Rehorn
Mr. Speaker: I vote no on H. Sub. for SB 504. Our limited claims courts are exeriencing
serious backlogs and this bill makes the problem worse instead of providing a remedy. This
is not the time nor the manner to rewrite Chapter 61.--Marti Crow
SB 586, An act concerning reimbursement for warranty work on certain equipment, was
considered on final action.
On roll call, the vote was: Yeas 71; Nays 52; Present but not voting: 0; Absent or not
voting: 2.
SB 664, An act concerning agriculture; relating to inspection fees; funding for plant pest
activities; amending K.S.A. 2-2911 and K.S.A. 1999 Supp. 2-1012 and 2-1205 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Freeborn, the House concurred in Senate amendments to HB 2861,
An act concerning waste; relating to hazardous waste and waste tires; amending K.S.A. 65-
3433, 65- 3439, 65-3445 and 65-3458 and K.S.A. 1999 Supp. 65-3424, 65-3424a, 65-3424f,
65-3424g, 65-3424m, 65-3430, 65-3431 and 65-3441 and repealing the existing sections.
(The House requested the Senate to return the bill, which was in conference).
On roll call, the vote was: Yeas 118; Nays 3; Present but not voting: 1; Absent or not
voting: 3.
On motion of Rep. Adkins, the House nonconcurred in Senate amendments to S. Sub. for HB 2513 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Adkins, Neufeld and Reardon as con-
ferees on the part of the House.
On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2855
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as con-
ferees on the part of the House.
On motion of Rep. Adkins, the House nonconcurred in Senate amendments to HB 2996
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Adkins, Neufeld and Reardon as con-
ferees on the part of the House.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2527, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed as Substitute for House Bill No. 2527,
As Amended by Senate Committee, as follows:
On page 1, in line 15, after ``1.'' by inserting ``(a)''; after line 17, by inserting the following:
``(b) The provisions of sections 1 through 7, and amendments thereto, shall be effective
on and after July 1, 2000.'';
Also on page 1, in line 38, before ``part-'' by striking the comma;
On page 4, in line 8, before ``K.S.A.'' by inserting ``On and after July 1, 2000,'';
On page 5, in line 43, before ``K.S.A.'' by inserting ``On and after July 1, 2000,'';
On page 9, in line 12, before ``K.S.A.'' by inserting ``On and after July 1, 2000,'';
And your committee on conference recommends the adoption of this report.
Stephen R. Morris
Dwayne Umbarger
Harry Stephens Conferees on the part of Senate
Dan Johnson
Sharon Schwartz
Galen Weiland Conferees on part of House
On motion of Rep. Johnson, the conference committee report on Sub. HB 2527 was
adopted.
On roll call, the vote was: Yeas 118; Nays 4; Present but not voting: 0; Absent or not
voting: 3.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 257, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed as House Substitute for Substitute for
Substitute for Senate Bill No. 257, as follows:
On page 1, in line 27, by striking all after ``within''; in line 28, by striking all before the
semicolon and inserting ``660 feet of the center line of the easement where the line is
proposed to be located''; in line 40, before ``The'' by beginning a new paragraph and inserting
``(d)'';
\ And your committee on conference recommends the adoption of this report.
Carl Dean Holmes
Tom Sloan
Laura McClure Conferees on the part of House
Pat Ranson
Stan Clark
Jim Barone Conferees on part of Senate
On motion of Rep. Holmes, the conference committee report on SB 257 was adopted.
On roll call, the vote was: Yeas 121; Nays 1; Present but not voting: 0; Absent or not
voting: 3.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 199, by Representative Spangler, congratulating Trevor Leahy on winning
the Kansas State Kids Wrestling Championship;
Request No. 200, by Representative Spangler, congratulating Mark Millstead on winning
the Kansas State Kids Wrestling Championship;
Request No. 201, by Representative Spangler, congratulating R.J. Nill for outstanding
performance in the Kansas State Kids Wrestling Championships;
Request No. 202, by Representative Dahl, honoring Melvin and Mildred Jean Franzen
on 50 years of marriage;
Request No. 203, by Representative Hermes, congratulating JoAnn Stookey for 11 years
of service in USD 437;
Request No. 204, by Representative Hermes, congratulating Victor Dyck for 34 years
of service in USD 437;
Request No. 205, by Representative Cox, congratulating DeBe Birzer, in recognition of
being State President of Business and Professional Women's Club, Inc.;
Request No. 206, by Representative Jim Morrison, congratulating Dick Short, chosen
``Person of the Year'' for Sherman County at the Farm/City Celebration;
Request No. 207, by Representative Henderson, congratulating Helen V. Hope on her
75th birthday;
Request No. 208, by Representative Feuerborn, congratulating Michael Schainost, Mas-
ter Teacher for 2000;
Request No. 209, by Representatives Phill Kline, Burroughs, Vickrey and Wilk, com-
mending Junior ROTC Programs, in recognition of the instructors, students and alumni of
the Junior ROTC programs in Kansas;
Request No. 210, by Representative Toelkes, congratulating Aaron Meggison, State
Champion Wrestler, 130 pound division;
Request No. 211, by Representative Powell, congratulating Ross Hollander on his elec-
tion as President of the Wichita Bar Association;
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.
The House stood at ease until the sound of the gavel.
______
Speaker pro tem Mays called the House to order.
MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to H. Sub. for SB 323, requests a con-
ference and has appointed Senators Kerr, Salisbury and Petty as conferees on the part of
the Senate.
The Senate nonconcurs in House amendments to H. Sub. for SB 326, requests a con-
ference and has appointed Senators Kerr, Salisbury and Petty as conferees on the part of
the Senate.
The Senate nonconcurs in House amendments to SB 380, requests a conference and has
appointed Senators Lawrence, Langworthy and Downey as conferees on the part of the
Senate.
The Senate nonconcurs in House amendments to SB 432, requests a conference and has
appointed Senators Lawrence, Langworthy and Downey as conferees on the part of the
Senate.
The President announced the appointment of Senator Stephens as a member of the
conference committee on SB 388 to replace Senator Biggs.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 323.
Speaker pro tem Mays thereupon appointed Reps. Adkins, Neufeld and McKechnie as
conferees on the part of the House.
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 326.
Speaker pro tem Mays thereupon appointed Reps. Adkins, Neufeld and Reardon as con-
ferees on the part of the House.
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 380.
Speaker pro tem Mays thereupon appointed Reps. Tanner, Empson and Helgerson as
conferees on the part of the House.
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 432.
Speaker pro tem Mays thereupon appointed Reps. Tanner, Empson and Helgerson as
conferees on the part of the House.
CHANGE OF CONFEREES
Speaker pro tem Mays announced the appointment of Rep. McKechnie as a member of
the conference committee on S. Sub. for HB 2513 to replace Rep. Reardon.
REPORT ON ENGROSSED RESOLUTIONS HCR 5070 reported correctly engrossed March 30, 2000.
On motion of Rep. Glasscock, the House adjourned until 10:00 a.m., Wednesday, April
5, 2000.