January 12, 1999

Journal of the House

Hall of the House of Represenatitives
Topeka, KS, Tuesday, January 12, 1999, 11:00 a.m.
       The House met pursuant to adjournment with Speaker Jennison in the chair.

 The roll was called with 124 members present.

 Rep.-elect Kuether was excused on excused absence by the Speaker.

 Prayer by Chaplain Svoboda:

            I invite you to join with me in silent prayer for John Kuether

                     (husband of Rep.-elect Annie Kuether).
            Holy God,

             We thank you today for all the blessings of our lives:

               For our health
               our intelligence
               our wealth.
               For our families,
               our friends,
               and our constituents.
            Throughout this legislative session,

             help us to be mindful of all the blessings in our lives.

            May we notice your hand at work in the world about us,

             and may we realize our part in your Plan.

            We ask this through your son Jesus Christ.


 The following bills were introduced and read by title:

 HB 2022, An act concerning elections; relating to campaign finance; amending K.S.A.
25-4142 and K.S.A. 1998 Supp. 25-4143 and 25-4156 and repealing the existing sections,
by Representative Jenkins.

 HB 2023, An act concerning municipalities; relating to granting of franchises; amending
K.S.A. 12-2001 and repealing the existing section, by Committee on Utilities.

 HB 2024, An act concerning natural gas service; providing for competition in retail sales,
by Committee on Utilities.

 HB 2025, An act concerning the electric utility industry; relating to competition in retail
sales of electric generation service; enacting the electric utility restructuring act; amending
K.S.A. 66-128e, 66-128f, 66-128g, 75-4319 and 79-1439 and K.S.A. 1998 Supp. 45-221 and
66-128 and repealing the existing sections; also repealing K.S.A. 66-1,159 through 66-1,165,
66-1,168, 66-1,169a and 66-1,169c and K.S.A. 1998 Supp. 66-1,158 and 66-1,169b, by Com-
mittee on Utilities.

 HB 2026, An act concerning electric service; authorizing the state corporation commis-
sion to provide for competition in retail sales of generation service; repealing K.S.A. 1998
Supp. 66-1902, by Committee on Utilities.

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

   Environment: HB 2021.

 Rules and Journal: HCR 5007; HR 6005.

 Taxation: HB 2020.

  January 7, 1999
    Message to the House of Representatives of the State of Kansas:

  Enclosed herewith is Executive Directive No. 99-278 for your information.

  Authorizing Certain Personnel Transactions and
Authorizing Certain Expenditures
                                                                                    Bill Graves


  The above Executive Directive is on file and open for inspection in the office of the Chief

 Announcing adoption of HCR 5001, a concurrent resolution providing for a joint session
of the Senate and House of Representatives for the purpose of hearing a message from the

 The Senate announces the appointment of Senators Langworthy and Jones to escort the
Governor and Senators Oleen and Lee to escort the Lt. Governor. Also, Senators Harrington
and Stephens to escort the Supreme Court.

 From E. Dean Carlson, Secretary of Transportation, in accordance with K.S.A. 68-2315,
Kansas Department of Transportation Report to the governor and the 1999 Legislature.

 From M.L. Korphage, Director, Kansas Corporation Commission Conservation Divi-
sion,Remediation Site Status Report, January 11, 1999.

 From M.L. Korphage, Director, Kansas Corporation Commission Conservation Division,
Abandoned Oil and Gas Well Status Report, January 11, 1999.

 The complete reports are kept on file and open for inspection in the office of the Chief

   Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

 The following bill was thereupon introduced and read by title:

   HB 2027, An act making and concerning appropriations for the fiscal year ending June
30, 1999, for the adjutant general; authorizing certain transfers and imposing certain re-
strictions and limitations, and directing or authorizing certain receipts and disbursements
and acts incidental to the foregoing, by Committee on Appropriations.

   On motion of Rep. Glasscock, the House recessed until 6:00 p.m.

Evening Session
 The House met pursuant to recess with Speaker Jennison in the chair.

   It being the hour in accordance with HCR 5001 to meet in joint session with the Senate
to hear the message of the Governor, Reps. Holmes, Hutchins and Nichols escorted mem-
bers of the Senate to seats in the House.

 Reps. Ballou, Aurand and Alldritt and Senators Harrington and Stephens escorted the
Supreme Court to seats in the House.

 Reps. Pottorff, Carmody and McKinney and Senators Oleen and Lee escorted the Lieu-
tenant Governor to a seat in the House.

 Reps. Phil Kline, Wagle and Pauls and Senators Langworthy and Jones escorted the
Governor to the rostrum.

January 12, 1999
    Thank you for that gracious reception.

  Mr. Speaker, Mr. President, Madame Chief Justice, Members of the Legislature, and Fellow

  We're gathered this evening in the exquisitely restored Chamber of the House of Repre-
sentatives. My compliments to the artist and workers who made this possible, and on behalf
of the people of Kansas, I want to express my appreciation to the Kansas Legislature for
their vision and commitment to the restoration of this significant piece of Kansas History.

 It is a great pleasure to join you for the fifth time to present the State of the State message.
I am honored and humbled by the opportunity to lead Kansas into a new century, an
opportunity afforded to a governor only once before, in 1899, to Governor William E.
Stanley. In Governor Stanley's message that year to the legislature he declared ``Kansas
enters upon the thirty-ninth year of its existence under most favorable auspices.''

 One hundred years later I am pleased to report that Kansas enters its one hundred thirty-
ninth year under very favorable conditions. A strong economy, sound investments in public
education, safety and quality of life have prepared Kansas well for 1999.

 In spite of our strength there are troubled areas, and all of Kansas should be concerned
with the plight of the men and women in the agriculture and oil sectors of the economy.
Kansas farmers and stockmen are the best in the world, yet their reward has been the
collapse of value of their products in the market place. The Kansas oil industry has been
devastated. Our national policy regarding energy is both disastrous and dangerous. Foreign
and national policies significantly impact these two areas and make state policy less signif-
icant. Nevertheless, we must do what we can and be sensitive to these needs as we make
public policy. Even with these problems, Kansas is strong.

 We are not a stagnant state, but a growing one. Our 1.1% growth in population from July
1997 to July 1998 was the highest in 37 years, and Kansas ranked first in the 12-state Midwest
region. I believe good public policy, excellent private sector performance and the outstand-
ing efforts of the working men and women of Kansas have made our success possible.

 We have an obligation to continue good public policy that will support and enhance the
growth of Kansas. Tonight I will share proposals I believe can contribute to the strength
and future of our state.

 As is traditional, I present to you my budget - a budget that will take us into the next
century. The increase in spending from the State General Fund is 2.6%, which matches the
forecasted inflation rate. As in my past budgets you will find the allocation of resources to
be balanced, reasonable and responsible.

 This is the fifth consecutive year in which I am recommending tax cuts for the people of
Kansas, but doing so while still committed to adequately funding all aspects of state gov-

 While I won't review all of my proposals to cut taxes, I promised the people of Kansas
an end to the property taxes they pay every year on cars and trucks when they register their
vehicles. Eliminating this tax was not just a campaign promise, it is a top priority. If the
legislature agrees with my proposal, Kansans will no longer pay this burdensome tax.

 Many have speculated, with election to my final term as Governor, that my commitment
to the people of this state to reduce their tax burden will wane. It will not; it cannot; it must
not. Taxes are too high and they must be reduced.

 While there will be significant issues to address this session, including a new transportation
plan and the restructuring of higher education, tonight I would like to depart from the
tradition of reviewing multiple policy and budget initiatives.

 We have the responsibility of constructing the budget that takes Kansas into the next
century. Tonight I would like to focus on the most important investments in my budget.
There is no greater way to ensure the success of Kansas tomorrow than by ensuring the
success of our children today. For the next four years there will be no greater emphasis, no
greater focus, no greater priority than the one we place on our children.

 There is a significant difference between the Bill Graves who presented the State of the
State in 1995 and the Bill Graves of today. That difference in one word is ``Katie.'' Today
as a parent I better understand how important the issues of health, safety, education and a
loving environment are to our kids. While we cannot build programs that guarantee perfec-
tion, we can build a system that provides greater opportunity for the children of Kansas - a
system focused on health, education and supportive and collaborative programs. My message
tonight will address some of our proposed investments in those areas.

 We must continue our commitment to provide health insurance to those children who
are not covered. Last year, together, we created the Kansas HealthWave Program and are
in the process of enrolling more than 60,000 children who lack this essential coverage. This
budget includes more than $12.0 million of state money, which will match federal funding
of $30.0 million to ensure our commitment is continued.

 Other programs, while not as large, are important and deserve enhancements. As an
example, I am recommending funding to expand TeleKid Care. This program at the Uni-
versity of Kansas Medical Center was the first established in the nation. It allows doctors at
the hospital to provide top-flight care to children at school through interactive video. The
success of this program has been proven at four schools in Wyandotte County. Additional
funding will allow the service to expand to 10 rural communities statewide.

 The Newborn Screening program promotes early identification of serious medical con-
ditions that may respond to early treatment, thus better protecting the newborn infant. The
current test methods utilized by the Kansas Department of Health and Environment were
devised some 30 years ago, have an unacceptably high margin of error, and have not been
modernized. My funding recommendation of $260,000 will make Kansas' newborn screen-
ing capability state of the art.

 Physical health is only a part of the health needs of our children. Mental health care is
also critical, and I am proposing a $1.0 million enhancement to expand community based
mental health services for children with severe emotional disturbances. This will provide
service to hundreds of additional children and will provide total funding of $8.0 million.

 These are but a few of the programs and funding I will recommend to improve the
physical and mental health care of our children.

 The education of our children continues to be the first priority of Kansans. Education
opens the door to their future. For some it is where dreams are given a chance to become
reality. Unfortunately for some it is the only safe harbor from the grim reality in which they
live. For all, education is a critical component in determining their future, and I am deter-
mined to continue providing enhanced resources to our system of education.

 My budget recommends more than 87 million new dollars for K-12 education. This in-
cludes additional dollars for each child in each classroom, continues our efforts to make the
funding formula equitable for all school districts and meets the increased costs for special

 Also included in this amount is an additional $4.1 million to support extra assistance for
the 100,000 children who, for a variety of reasons, do not have the same chance at success
as other students. These are children most at risk. This nearly doubles the commitment to
at-risk children since the beginning of my administration.

 One lesson we all have learned is that the earlier we prepare children the greater their
chance for success. Therefore, I am recommending increased funding of $1.0 million for
our four-year-olds who are at risk. With my recommendation, we will serve 33% more of
these children enabling them to receive advance preparation before beginning school.

 This budget attempts to better recognize the instrumental role teachers play in our chil-
dren's educational success. I have included money for scholarships for 65 teachers to achieve
national board certification, which recognizes teaching excellence. Funds are also recom-
mended for bonuses for teachers in Kansas who successfully complete certification. It is my
hope that this heightens the interest in and rewards teaching excellence.

 We must not forget that parents are a child's first teacher and it is important we assist
them to be the best teachers they can be. More parental involvement in our children's
education is an important goal, and I am recommending an increase of nearly $800,000 for
the parents education program. The success of this program is well documented, and this
additional funding will increase the number of families served.

 These education programs that focus on early preparation and prevention, family involve-
ment, and children most at risk, must be supported and enhanced.

Supportive and Collaborative Programs
 Often a state's best role is that of support and collaboration. In fact, the state cannot and
should not provide all the resources necessary for our children to succeed. There are many
examples where local government and not-for-profit initiatives have achieved significant
success. The state should be a strong partner in these efforts.

 A good example is our partnership with counties to provide the Healthy Start Program.
My recommended enhancement of $1.0 million will increase by 20,000 the number of
families served by Kansas counties through this program.

 The Infants and Toddlers Program involves more than 30 interagency networks through-
out Kansas and uses private and public funds. The focus of the program is the promotion
of policies and procedures to identify infants and toddlers with developmental delays and
to provide early intervention. My recommendation of $250,000 will bring our 2-year en-
hancement for this program to $1.75 million.

 I would like to address the issue of juvenile justice. Kansas communities and the Juvenile
Justice Authority are working together. To support their efforts I am recommending more
than $40.0 million for local communities. Included in this amount is an increase of $3.0
million for enhanced community services. In addition, our partnership will be strengthened
with my proposal of $4.0 million in increased funding for programs that focus on delinquency
prevention. These programs include counseling, mentoring and intervention for academic
and behavior problems. This total enhancement of $7.0 million can make a significant dif-
ference in the troubled lives of our youth. The best juvenile justice program is the prevention
of juvenile delinquency.

 Often not-for-profit organizations have both the knowledge and compassion to develop
innovative programs. My budget creates an innovative child health grant program admin-
istered by the Kansas Department of Health and Environment that will make $460,000
available to not-for-profit health agencies desiring to enhance basic health care services for
children. Partner, support, and collaborate is how we maximize both resources and results.

 These are but a few of the programs that comprise our children's segment of the budget.
Overall, we will invest more that $2.5 billion of state funds and $3.2 billion from all funding
sources in our support of children. Since the passage of the Fiscal Year 1999 budget, the
commitment of this administration to financially enhance programs for children, with the
presentation of this budget, is nearly $170.0 million.

 The state can never serve as a substitute for the love of a parent or the inspiration of a
good teacher, but we can and must create opportunity for our children, and support those
people, policies and programs that make a difference in their lives. The success of our future
will be found in the strength of our commitment to the children and youth of Kansas.

 Even with the dollars and programs I am proposing I believe there is something of even
greater value we can give future generations. We can provide the example of what we want
our children to be. Yesterday in my inaugural address I quoted the poet Edgar Masters
when he wrote:

   I would rather see a sermon than hear one any day;

 I would rather someone walk with me than merely point the way.

   Our children and youth don't want our preaching. They want our teaching by example.

As elected and public officials we have an obligation to set that example.

·  If we cannot conduct the business of the state with civility, how can we ask our children
to be civil?

·  If we are not truthful with each other, how can we tell our children that honesty is the
best policy?

·  If we are intolerant of others' ideas, how can we encourage our children to think and

·  If we mistreat each other, how can we ask our children to follow the golden rule?

   We look to Washington and see a city in anguish. Let us conduct the state of this state
so that Washington can look to Kansas and see a positive example. Now more than ever we
need to reinforce positive values in the deliberations of public policy - values that built this
great state - integrity, compassion, tolerance and civility.

   It is not my intent to ``merely point the way.'' I intend to walk with you in making the
people of Kansas proud. Proud not only of what we achieve this session, but even more
proud of how we achieve it.

 I look forward to walking with you. I look forward to the journey.

 In the Journal, on page 12, under Joint Committees of House and Senate, insert ``Nichols''
as the last name on the committee on State Building Construction.

 Also, on page 43, under the order of business Reference of Bills and Concurrent Reso-
lutions, HB 2006 should be included under Committee on Transportation.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday, January
13, 1999.


JANET E. JONES, Chief Clerk.