March 3, 1999
Journal of the House
THIRTY SIXTH DAY
|Hall of the House of Represenatitives|
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
|Topeka, KS, Wednesday, March 3, 1999, 11:00 a.m.|
The roll was called with 124 members present.
Rep. Helgerson was excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Your love and care for us is unchanging
Now in these days when so much is changing:
our work loads
and often our moods,
Help us to remember those things that are unchanging:
Your love for us,
Your guidance for our lives if only we listen,
and that we are connected to one another
because of Your love.
Support us with your strong arms
as we exist
in the changes and chances of this world.
We pray this for your Love's sake,
The House stood for the Pledge of Allegiance.
INTRODUCTION OF GUESTS
Rep. Stone introduced Brian Shay, from Paola, a student at Emporia State University,
who was named NCAA Division II Player of the Year in football, receiving the Harlan Hill
Award. Brian addressed a few remarks to the members of the House. Rep. Stone presented
him with a certificate in recognition of this achievement.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill and concurrent resolutions were introduced and read by title:
HB 2542, An act concerning underground storage of natural gas; amending K.S.A. 55-
1201, 55-1204, 55-1205 and 55-1210 and repealing the existing sections, by Committee on
Federal and State Affairs.
HOUSE CONCURRENT RESOLUTION No. 5032--
By Committee on Federal and State Affairs
A PROPOSITION to amend article 15 of the constitution of the state of Kansas by adding
a new section thereto, authorizing the legislature to regulate, license and tax the
operation of raffles by certain bona fide nonprofit organizations.
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: Article
15 of the constitution of the state of Kansas is amended by adding a new section thereto to
read as follows:
``§ 3d. Regulation of raffles operated by certain organizations. Notwithstanding the
provisions of section 3 of article 15 of the constitution of the state of Kansas, the
legislature may regulate, license and tax the management, operation and conduct of
raffles by bona fide nonprofit religious, charitable, fraternal, educational and veterans'
organizations. The legislature, by law, shall define raffle. No such nonprofit organization
shall contract with a professional raffle or lottery vendor to operate such a raffle.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
``Explanatory statement. The constitution currently prohibits the operation of lotteries
except for a state-owned and operated lottery. A raffle is a lottery and is illegal under
``A vote for this proposition would permit the legislature to regulate, license and tax raffles
managed, operated or conducted by bona fide religious, charitable, fraternal, educational
and veterans' nonprofit organizations. This proposition would provide that the legislature
would define, by law, a raffle.
``A vote against this proposition would continue the current prohibition against such raffles.''
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 2000 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 such special election.
HOUSE CONCURRENT RESOLUTION No. 5033--
By Committee on Utilities
A CONCURRENT RESOLUTION concerning the regional transport of ozone-related air
emissions and possible future requirements for Kansas.
WHEREAS, Congress established federal environmental policy through the enactment
of the Clean Air Act and its amendments which establishes a program for meeting the health-
based ozone air quality standards throughout the United States and states are responsible
for attaining these federal clean air standards through the development of state
implementation plans; and
WHEREAS, The Ozone Transport Assessment Group (OTAG), whose membership was
composed of the 13 northeastern states in the Ozone Transport Commission and 24
additional states, including Kansas, was established as a state-led effort with decision making
resting with state environmental representatives to address ozone-related issues; and
WHEREAS, OTAG concluded that Kansas should be exempt from additional OTAG-
related air pollution control measures and work in cooperation with other states to
periodically review their emissions and the potential impact of emission increases on
downwind ozone problem areas and, as appropriate, take steps to reduce such impacts; and
WHEREAS, The United States Environmental Protection Agency (EPA), in its January
6, 1997, notice of intent to publish a notice of proposed rulemaking related to regional ozone
transport, provided assurance that their proposal would reflect the technical work done by
OTAG, as well as any OTAG recommendations for adoption of additional control measures;
WHEREAS, EPA, in its letter dated October 10, 1997, from Administrator Carol M.
Browner to Governor Bill Graves, affirmed the findings of OTAG that emissions from
Kansas do not contribute significantly to the ability of other states to meet ozone standards
and that the state would not be required to take actions mandating additional emission
reductions from sources in Kansas; and
WHEREAS, EPA, in its November 7, 1997, notice of proposed rulemaking reaffirmed
the findings of OTAG that Kansas does not make a significant contribution to downwind
ozone problems but diminished its findings by providing for a change in position based upon
additional comment and/or technical analyses beyond that already completed by OTAG;
WHEREAS, In its October 27, 1998, notice of final rulemaking, EPA took no direct
action to require Kansas to implement additional air emission control measures, but
announced plans to conduct additional state-by-state analyses before determining that
controls will not be required in the outlying states, including Kansas, in discord with the
findings and recommendations of OTAG: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate
concurring therein: That the Kansas Legislature requests EPA to set aside its plan for
additional analyses in the outlying states and support OTAG's conclusion that Kansas should
be exempt from federally-mandated ozone transport-related control measures; and
Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the administrator of the EPA and to each member of the Kansas
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2440 from Committee on
Judiciary and referral to Committee on Federal and State Affairs.
COMMUNICATIONS FROM STATE OFFICERS
From The University of Kansas, Annual Report for 1998.
The complete report is kept on file and open for inspection in the office of the Chief
No objection was made to HB 2230 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2230, An act authorizing the secretary of the department of social and rehabilitation
services to convey certain land, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.
Present but not voting: None.
Absent or not voting: Helgerson.
The bill passed.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Mason in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Mason, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2099 be adopted; also, on motion of Rep.
Kirk be amended on page 5, in line 40, before the period by inserting ``, all sales of repair
and replacement parts therefor and all sales of services performed in the installation,
maintenance or repair thereof'';
On page 14, in line 34, after ``(ddd)'' by inserting ``(1)''; in line 43, after the comma, by
inserting ``environmental control units'';
On page 15, in line 2, before the period by inserting ``; and (2) all sales of repair and
replacement parts for property described in paragraph (1) and all sales of services performed
in the installation, maintenance or repair of such property''; and HB 2099 be passed as
On motion of Rep. Hermes HB 2337 be amended on page 1, in line 22, following the
period, by inserting ``The state or county officer responsible for the final disposition of the
deceased person may authorize and order the cremation or burial of such deceased person.'';
and HB 2337 be passed as amended.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, in accordance with House Rule 2307, the following bills
were stricken from the calendar:
HB 2032; Sub. HB 2124; Sub. HB 2182; HB 2201, 2203, 2207, 2216, 2264, 2278,
2341; Sub. HB 2480; HB 2486, 2494.
REPORT ON ENGROSSED BILLS
HB 2161, 2213, 2227, 2259, 2289, 2479, 2492 reported correctly engrossed February
Also, HB 2310, 2339, 2357, 2429 reported correctly engrossed March 2, 1999.
REPORT ON ENROLLED RESOLUTIONS
HCR 5002 reported correctly enrolled and properly signed on March 2, 1999.
Also, HCR 5004 reported correctly enrolled and properly signed on March 3, 1999.
READING AND CORRECTION OF THE JOURNAL
In the Journal, on page 347, the following should be inserted under Change of Reference:
Also, the withdrawal of HB 2432 from Committee on Calendar and Printing and
rereferral to Committee on Transportation.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, March
CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.