March 13, 1998

Journal of the House

Hall of the House of Representatives, Topeka, KS,
Friday, March 13, 1998, 10:00 a.m. 
 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 118 members present.

 Rep. Lloyd was excused on verified illness.

 Reps. Adkins, Cox, Kejr, Mason, O'Neal and Packer were excused on excused absence
by the Speaker.

 Prayer by guest chaplain, Dr. Stacy Ollar, Jr., pastor, Welborn Community United Church
of Christ, Kansas City, and guest of Rep. Reardon:

       Eternal God, our Father, we pause here this morning in this setting of the House
      of Representatives of the State of Kansas to offer our prayer of praise and thanks-
      giving for the gift of this day, for the gift of this state and to ask for your divine
      guidance upon these our elected representatives, as they conceive, develop and vote
      laws to govern our lives. Lord, we are painfully aware of the many problems that
      confront the citizens of our state that range all the way from the need for jobs, for
      social services for families, for educational opportunities, to the hopes for a bountiful
      summer and fall crop. Therefore, provide we pray, for these our elected officials the
      gift of wisdom and understanding of the needs of all the citizens of our State. Inspire
      them with a spirit of creativity, and a deep sense of caring as they move through the
      decision making process of providing for the needs of our people and the future of
      our State. We recognize, O, Lord, that the answers to the complex problems that
      face our people and our state do not come easily. May your gift of truth and justice
      enable these leaders to determine appropriate public policy to alleviate the suffering
      and to enhance the quality of life for all. May the words of the great Prophet Micah,
      of the Old Testament, be the word of guidance for all this day, ``for He has showed
      you, O, Man, what is Good; and what does the Lord require of you, but to do justice,
      to love kindness, and to walk humbly with your God.'' May God, who is the Author
      and Creator of our lives, inspire each of you with the gift of vitality and energy to
      live and to act on His word for the welfare of all who live and work in our state. In
      the Name of Jesus Christ. Amen.


 The following bill was introduced and read by title:

 HB 3011, An act concerning natural gas; declaring certain sales and acquisitions relating
thereto not to be prudent, in the public interest or just and reasonable, by Committee on


 The following bills and resolutions were referred to committees as indicated:

 Appropriations: HB 3009, 3010.

 Taxation: HCR 5050.

 Utilities: HR 6016.


 HB 2686 approved on March 12, 1998.


 Announcing passage of SB 444, 482; Sub. SB 494; SB 541, 672, 677.

 Announcing passage of HB 2645, 2761.

 Announcing passage of HB 2249, as amended; HB 2687, as amended.

 Also, announcing adoption of HCR 5029.

 The Senate nonconcurs in House amendments to SB 67, requests a conference and has
appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate.

 The Senate nonconcurs in House amendments to SB 404, requests a conference and has
appointed Senators Emert, Salisbury and Barone as conferees on the part of the Senate.


 The following Senate bills were thereupon introduced and read by title:

 SB 444, 482; Sub. SB 494; SB 541, 672, 677.


 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 67.

 Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.

 On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 404.

 Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.


 No objection was made to SB 423 appearing on the Consent Calendar for the first day.

 No objection was made to HB 3005; SB 472, 473 appearing on the Consent Calendar
for the second day.


 Sub. HB 2950, An act concerning livestock; relating to regulation of confined animal
feeding facilities; imposing restrictions on construction, operation and expansion of certain
facilities; relating to disposal of certain dead animals; providing for certain income tax credits;
establishment of swine production facilities and slaughterhouses, procedure; relating to KIT
and KIR programs; relating to Kansas development finance authority bonds; prohibiting
issuance of certain permits for swine facilities; amending K.S.A. 2-3302, 2-3305, 2-3307, 17-
5908, 74-5065 and 79-32,117 and K.S.A. 1997 Supp. 47-1219, 65-171d, 74-5066, 74-8902
and 74-8905 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.

 Yeas: Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell, Car-
mody, Compton, Cook, Correll, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, Osborne, Palmer,
Pauls, E. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz,
Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Aurand, J. Peterson, Weber.

 Present but not voting: None.

 Absent or not voting: Adkins, Cox, Kejr, Lloyd, Mason, O'Neal, Packer.

 The substitute bill passed, as amended.

 Mr. Speaker: I vote yes on HB 2950 with mixed feelings. This legislation will place the
most stringent environmental standards in the nation for the pork industry to live by. This
bill does address the major environmental concerns raised by Kansans. This does come with
cost to the industry. With the amendments to a strong environmental bill, we will limit the
ability of producers and the industry to expand by placing a moratorium on future growth
in over a fourth of the state. The state and all pork producers lose with any type of mora-
torium. These restrictions are not necessary when we have strong regulations in place to
protect the environment.--Sharon Schwartz

 Mr. Speaker: As amended by the House yesterday, HB 2950 provides some protection
against further disruption of the Kansas environment. Which is why I am voting ``yes.'' This
bill, in its current form, is far from ideal, though it offers some protection to voters who
vote against allowing the establishment of swine production facilities in their counties, and
even provides for a moratorium on issuance of permits for facilities with an animal unit
capacity of 3,800 animal units. I hope to be able to support an improved, more responsible
version of this bill before the end of this Session.--Jonathan Wells


 On motion of Rep. Phill Kline, the House nonconcurred in Senate amendments to HB
2249 and asked for a conference.

 Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and Larkin as con-
ferees on the part of the House.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Horst in the chair.


 On motion of Rep. Horst, Committee of the Whole report, as follows, was adopted:
 Recommended that HCR 5034 be adopted.

 Committee report recommending a substitute bill to Sub. HB 2704 be adopted; and the
substitute bill be passed.


    The Committee on Appropriations recommends HB 2542 be amended on page 1, in
line 14, by striking ``1996'' and inserting ``1997'';

    On page 8, in line 32, by striking ``1996'' and inserting ``1997'';

    On page 1, in the title, in line 10, by striking ``1996'' and inserting ``1997'' and the bill be
passed as amended.

 The Committee on Appropriations recommends SB 382, as amended by Senate Com-
mittee of the Whole, be passed.


 Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that

 Request No. 113, by Representative Shriver, congratulating Arkansas City High School,
Coach Wayne Jackson and team members for 11 years as State 5A Wrestling Champs;

 Request No. 114, by Representative Johnson, congratulating James Dinkel for achieving
Eagle Scout;

 Request No. 115, by Representative Johnson, congratulating Rhiannon Becker, winner,
Rooks County Spelling Bee;

 Request No. 116, by Representative Dahl, honoring LeRoy and Alice Funk on 50 years
of marriage;

 Request No. 117, by Representatives Nichols, J. Peterson, Packer, Helgerson, Presta,
Franklin, Phill Kline, Faber, O'Neal and Gregory, commending Libby Peters for her kind
heart and generosity by ``keeping the score close'' while working the score board for the
Kansas Legislative Wheelchair basketball game, which benefitted Project Topeka;

 Request No. 118, by Representative Dreher, congratulating Newell and Clara Thomas
on 50 years of marriage;

 Request No. 119, by Representative Pottorff, recognizing Jo Zakas on the 25th anni-
versary of the opening of Clifton Square Shopping Village;

 Request No. 120, by Representative Spangler, congratulating Brian Daniel Finney for
achieving Eagle Scout;

 Request No. 121, by Representative Myers, commending Derby High School for hosting
the National Association of Student Council Leadership is Magic Conference June 27-July
1, 1998;

 Request No. 122, by Representatives Garner and Correll, congratulating Gail Banzet
who represented Labette County in the 1998 All-Kansas Spelling Bee;

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. Jennison, the committee report was adopted.


 Sub. HB 2950 reported correctly engrossed March 13, 1998.

 On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday, March 16,

JANET E. JONES, Cheif Clerk.