The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 114 members present.
Rep. Lloyd was excused on verified illness.
Reps. Adkins, Farmer, Helgerson, Kejr, McKechnie, Pauls and Weber were excused on
Reps. Carmody, Correll and Dean were excused on excused absence by the Speaker.
Prayer by guest chaplain, the Rev. David J. Brogren, pastor, Christ Covenant Evangelical
Presbyterian Church, Leoti, and guest of Rep. Mollenkamp:
Oh most gracious and merciful God, we humbly implore you this day for Your
holy wisdom, Your matchless guidance, and the knowledge of Your perfect will. We
acknowledge this day that You are holy and that You have called us to Your service
We thank You for that calling, Lord. Forgive us when we try to do the work of
this call in our own strength. Impress upon our hearts our neediness--that without
You we are completely without hope and totally powerless. Teach us to rely upon
You and You alone, and help us to continually recognize that You are indeed Sov-
ereign and the final authority in all things.
Give us boldness to stand for that which is right in Your sight. Convict us of the
sin of partisanship that would divide us, and help us to work together for the unity
of this place; not settling for compromise, but only for what is truly righteous and
just. Help us to set aside personal agendas and ambitions for what is best for the
people of each constituency and of this great state as a whole, regardless of its
And Lord, we ask you to bring glory to Your holy name in all that takes place
within these walls today.
In the name of Your Son, the Savior and Redeemer, Jesus Christ, Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2893, An act making and concerning appropriations for the fiscal year ending June
30, 1999, for state agencies; authorizing certain transfers, capital improvement projects and
fees, imposing certain restrictions and limitations, and directing or authorizing certain re-
ceipts and disbursements and acts incidental to the foregoing; amending K.S.A. 79-2959,
79-2964, 79-3425i and 79-34,147 and repealing the existing sections; also repealing section
23 of chapter 123 of the 1997 Session Laws of Kansas, by Committee on Appropriations.
HB 2894, An act relating to the Kansas tourist attraction evaluation committee; con-
cerning the duties thereof; amending K.S.A. 74-5090 and K.S.A. 1997 Supp. 74-5089 and
repealing the existing sections; also repealing K.S.A. 1997 Supp. 74-5091, by Committee on
HB 2895, An act making and concerning appropriations for the fiscal year ending June
30, 1998, for the department of administration, state bank commissioner, state historical
society, Kansas state board of cosmetology, board of nursing, state board of pharmacy,
Kansas, Inc., behavioral sciences regulatory board, Kansas public employees retirement
system, Kansas dental board, department of revenue, state board of indigents' defense serv-
ices, health care stabilization fund board of governors, citizens' utility ratepayer board, de-
partment of human resources, department of social and rehabilitation services, department
on aging, department of revenue--homestead property tax refunds, Kansas commission on
veterans affairs, Kansas state university veterinary medical center, Kansas state university,
Wichita state university, university of Kansas medical center, Emporia state university, Fort
Hays state university, Pittsburg state university, Kansas arts commission, juvenile justice
authority, state fire marshal, ombudsman of corrections, Kansas parole board, attorney gen-
eral--Kansas bureau of investigation, Kansas sentencing commission, Kansas department
of agriculture, Kansas wheat commission, state fair board, state conservation commission,
department of health and environment and adjutant general; authorizing certain transfers
and capital improvement projects, imposing certain restrictions and limitations, and direct-
ing or authorizing certain receipts and disbursements and acts incidental to the foregoing,
by Committee on Appropriations.
HB 2896, An act concerning public health; relating to employees and officers testing
positive for AIDS tests; amending K.S.A. 1997 Supp. 65-6008 and repealing the existing
section, by Representatives Tanner and Sloan, Beggs, Dreher, Howell, McCreary,
O'Connor, Packer, Stone, Vickrey, Vining, Wilk and Wilson.
HB 2897, An act concerning expungement of convictions and records; amending K.S.A.
1997 Supp. 21-4619 and 38-1610 and repealing the existing sections; also repealing K.S.A.
1997 Supp. 21-4619b, by Committee on Federal and State Affairs.
HB 2898, An act concerning workers compensation; relating to loss costs filings; amend-
ing K.S.A. 1997 Supp. 40-955 and repealing the existing section, by Representative O'Neal.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
From Shirley A. Moses, Director, Division of Accounts and Reports, State of Kansas
Monthly Financial Report for December 1997.
The complete report is kept on file and open for inspection in the office of the Chief
No objection was made to HB 2629 appearing on the Consent Calendar for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Speaker pro tem Wagle announced that order of business, Final Action on Bills and
Concurrent Resolutions, would be passed over today.
Having voted on the prevailing side, Rep. Alldritt moved, pursuant to House Rule 2303,
that the House reconsider its action in adoption of the Committee of the Whole Report of
February 11, and that Sub. HB 2649 be returned to General Orders. The motion prevailed.
INTRODUCTION OF ORIGINAL MOTIONS
Pursuant to House Rule 2306, Rep. Jennison moved that Sub. HB 2649 be withdrawn
from the calendar under that order of business General Orders and be rereferred to Com-
mittee on Utilities. The motion prevailed.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends HB 2738 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be palced on the
The Committee on Environment recommends HB 2732 be amended on page 2, in line
8, after ``staff'' by inserting ``, or persons under contract,''; 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 bills and concurrent resolution were introduced and read by title:
HB 2899, An act concerning the department of wildlife and parks; relating to the de-
velopment of lake resorts, funding, negotiations; duties; amending K.S.A. 32-867, 32-869
and 32-873 and K.S.A. 1997 Supp. 41-719 and repealing the existing sections, by Committee
HB 2900, An act concerning the state historical society; relating to the use of the society's
facilities; amending K.S.A. 76-2056 and repealing the existing section, by Committee on
HB 2901, An act concerning transportation of certain high level radioactive waste in this
state; imposing certain requirements; providing for preparation of an emergency response
plan; providing for designation of certain routes, times and dates for transportation, by
Committee on Environment.
HB 2902, An act concerning certain roads and highways; relating to the maintenance
and supervision thereof, by Representative Welshimer.
HB 2903, An act concerning the apartment ownership act; relating to the bylaws of the
property; amending K.S.A. 58-3119 and repealing the existing section, by Representative
Boston (By Request).
HB 2904, An act relating to contracts for the use or acceptance of debit cards by insti-
tutions under the state board of regents; amending K.S.A. 75-37,100 and repealing the
existing section, by Committee on Governmental Organization and Elections.
HB 2905, An act concerning civil procedure; relating to divorce; concerning child sup-
port; amending K.S.A. 1997 Supp. 60-1610 and repealing the existing section, by Committee
on Federal and State Affairs.
HB 2906, An act concerning warranties and warranty claims related to farm, industrial
or outdoor power equipment, by Representative Shore.
HB 2907, An act concerning school districts; relating to enrollment of nonresident pupils;
amending K.S.A. 1997 Supp. 72-1046a and repealing the existing section, by Representatives
O'Connor, Farmer, Jennison, Kejr, Phill Kline, Landwehr, Mayans, Morrison, Neufeld,
Powell, Shallenburger, Shore, Swenson and Tanner.
HB 2908, An act concerning retail electric service; imposing certain requirements upon
implementation of competition in retail sales of generation service, by Representative Gar-
HB 2909, An act concerning group-funded workers compensation pools; amending
K.S.A. 1997 Supp. 44-581 and repealing the existing section, by Representative Garner.
HOUSE CONCURRENT RESOLUTION No. 5040--
By Representative Edmonds
A PROPOSITION to amend section 2 of article 2 of the constitution of the state of Kansas,
relating to members of the senate and house of representatives.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the House of Representatives and two-thirds of the
members elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
2 of article 2 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 2. Senators and representatives. The number of representatives and sen-
ators shall be regulated by law, but shall not exceed one hundred twenty-five rep-
resentatives and forty senators. Representatives and senators shall be elected from
single-member districts prescribed by law. Representatives shall be elected for two
year terms. Senators shall be elected for four year terms. The terms of representatives
and senators shall commence on the second Monday of January of the year following
election. Except as otherwise hereinafter provided, no person shall be elected at any general election for more than three successive four-year terms as a member of the senate, and no person shall be elected at any general election for more than six successive two-year terms as a member of the house of representatives. Any person filing a ballot access petition in the manner prescribed by law which is signed by qualified electors of the district equal in number to not less than 20% of the total number of electors of the district who voted for the office of the secretary of state at the last general election for such office, may become a candidate for and may be elected, in the manner prescribed by law, to successive terms of office in the senate and house of representatives in excess of the limitations hereinbefore prescribed.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
``Explanatory statement. The purpose of this amendment is to limit the number
of terms for which a person can be elected as a member of the senate and house of
representatives except upon the filing of a sufficient petition signed by qualified
electors of the district requesting that a person be permitted to be elected to an
additional successive term.
``A vote for this amendment favors limiting the number of terms for which a person
can be elected as a member of the senate and house of representatives but reserving
to the qualified electors of the district the right to petition for the right of a designated
person to be allowed to be elected to an additional successive term.
``A vote against this amendment favors retaining the present language of the con-
stitution which places no limit upon the number of terms to which a person can be
elected as a member of either house of the legislature.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election in the year 1998 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be submitted to the electors
of the state at the special election.
REPORT ON ENGROSSED BILLS
HB 2763 reported correctly engrossed February 11, 1998.
On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, February 13,