February 15, 2000

Journal of the House

Hall of the House of Represenatitives
Topeka, KS, Tuesday, February 15, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 122 members present.

 Rep. Weber was excused on verified illness.

 Reps. Crow and Phill Kline were excused on excused absence by the Speaker.

   Prayer by guest chaplain, the Rev. Sandy Vogel, Grantville United Methodist Church,
Grantville, and guest of Rep. Flower:

               Almighty God, just as you called Abraham and Sarah, Moses and Miriam,
            Deborah, Isaiah, Ruth, Elijah, you have called together this body of men and
            women to lead the people of Kansas and do something great for you. Even
            the great leaders of ancient Israel who were chosen by God did not do
            everything right, but they knew Yahweh was their God, and so they called
            upon Yahweh--and not themselves--for their strength. As this new day
            begins in the House, we pray your spirit falls upon the hearts and minds of
            each person here. Fill them with a desire to do you will--Your will and not
            their own. Grant that your spirit so fills them, O God, that they remember
            who they are as your people who represent many other people in their
            respective districts and not themselves. Guide their thoughts and their work
            with your omnipotent hand of love and compassion, of inclusion and grace
            so they may discern your will in their deliberations this day. Help them clearly
            understand their connection to one another and to their communities, and
            bless their work that they may be a blessing to the people of this great and
            beautiful state. We pray these things in your holy name. Amen.

   The Pledge of Allegiance was led by Rep. Bethell.

 The following concurrent resolution was introduced and read by title:


  By Representatives Johnston, Alldritt, Ballard, Barnes, Crow, Dean, Farmer, Feuerborn,
      Findley, Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Gregory, Haley, Helgerson,
      Henderson, Humerickhouse, Kirk, Klein, Krehbiel, Larkin, Mason, Mayans, McClure,
      McCreary, McKinney, Merrick, Minor, Myers, O'Brien, Pauls, Phelps, Pottorff, Powell,
      Powers, Ray, Reardon, Sharp, Showalter, Shultz, Sloan, Storm, Tanner, Thimesch,
      Toelkes, Vining, Wagle, Weiland, Wells, and Welshimer

  A  CONCURRENT  RESOLUTION recognizing the Korean War Memorial in Wichita
as the Kansas Korean War Memorial.

      WHEREAS,  The Kansas Korean War Memorial Association, a nonprofit Kansas
corporation, has been the moving force behind efforts to establish a Korean War Memorial
in Veterans Memorial Park in downtown Wichita; and

      WHEREAS,  An appropriate design has been selected, and construction has been
completed except for final art work. The project will be dedicated as a Korean War Memorial
on July 27, 2000; and

      WHEREAS,  Donations are still being accepted (c/o the Kansas Korean War Memorial
Assn, P.O. Box 4223, Wichita, KS 67204-0223) for this project; and

      WHEREAS,  The Kansas Korean War Memorial Association has initiated action to have
the memorial designated as a state historic register site; and

      WHEREAS,  The state of Kansas has no designated site honoring the 476 Kansans who
were killed, missing in action or prisoners of war in the Korean War, and it is appropriate
that such a site be officially recognized: Now, therefore,

      Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Kansas Legislature recognizes the Korean War Memorial in Wichita as
the Kansas Korean War Memorial; and

      Be it further resolved: That the Secretary of State be directed to provide a copy of this
resolution to the Executive Director of the State Historial Society and to Robert Pinkstaff,
President, Kansas Korean War Memorial Association, 1928 South Cooper Ct., Wichita, KS

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

   Environment: HB 2987.

 Judiciary: HB 2986.

 From Connie Hubbell, Secretary, Kansas Department on Aging, 1999 Annual Report.

 The complete report is kept on file and open for inspection in the office of the Chief

 The Senate nonconcurs in House amendments to SB 316, requests a conference and has
appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate.

  On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 316.

 Speaker pro tem Mays thereupon appointed Reps. Allen, Mason and E. Peterson as
conferees on the part of the House.

 No objection was made to HB 2659, 2781 appearing on the Consent Calendar for the
second day.

   On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Cox in the chair.

 On motion of Rep. Cox, Committee of the Whole report, as follows, was adopted:

   Recommended that HB 2756 be passed.

 Committee report recommending a substitute bill to Sub. HB 2688 be adopted; also, on
motion of Rep. Thimesch be amended on page 11, after line 41, by inserting a new section
to read as follows;

      ``Sec.  10. (a) For all taxable years commencing after December 31, 1999, there shall
be allowed as a credit against the tax liability of a taxpayer who operates a food locker plant
imposed under the Kansas income tax act, an amount equal to any expenses paid for
improvements in the facilities of such food locker plant. The credit allowed by this section
in any taxable year to the taxpayer shall not exceed $10,000. If the amount of such tax credit
exceeds the taxpayer's income tax liability for any such taxable year, such excess amount
may be carried over for deduction from the taxpayer's tax liability in the next succeeding
taxable year or years until the total amount of the tax credit has been deducted from tax

      (b) As used in this section ''food locker plant`` means a plant which: (1) Is inspected by
the Kansas department of agriculture as provided under the Kansas meat and poultry
inspection act; and

      (2) prepares meat, meat food products, poultry or poultry products which have been
inspected and passed and which are being prepared and sold in normal retail quantities; or

      (3) prepares such meat, meat products, poultry or poultry products for the owner of
such food locker plant.'';

      By renumbering existing section 10 as section 11;

      In the title, in line 9, after ``ACT'' by inserting ``relating to income taxation;''; in line 10,
before the period by inserting ``; providing a credit therefrom for certain food locker plant
expenses''; and Sub. HB 2688 be passed as amended.

 The Committee on Educaton recommends HB 2719 be passed.

 The Committee on Education recommends HB 2862 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.

 The Committee on Financial Institutions recommends HB 2754 be passed.

      The Committee on Financial Institutions recommends HB 2690 be amended on page
2, in line 42, following the semicolon, by inserting ``variable insurance contract or policy
that is required to be registered with the securities and exchange commission;'';

      On page 3, in line 3, preceding ``insurance'' by inserting ``nonvariable''; in line 4, following
``or'' by inserting ``fixed''; in line 5, by striking ``a fixed sum of'';

      On page 5, in line 24, by striking ``other information'' and inserting ``specify conditions
for this exemption'';

      On page 13, by striking all of lines 29 through 36 and inserting the following:

      ``(1) The commissioner shall have the sole and exclusive jurisdiction and authority to
regulate the terms and provisions in such contracts and the obligations of insurance
companies under such contracts and to promulgate such reasonable rules and regulations
as may be necessary to carry out the purposes and provisions of this act.''; and the bill, as
amended, be not passed.

 The Committee on Governmental Organization and Elections recommends HB
2844, 2854, 2928 be passed and, because the committee is of the opinion that the bills are
of a noncontroversial nature, be placed on the consent calendar.

 The Committee on Health and Human Services recommends HB 2780 be amended
on page 1, in line 31, by striking all after ``services''; in line 32, by striking all before ``the''
and inserting a comma; in line 37, by striking ``which may''; by striking all in lines 38 and
39; in line 40, by striking all before ``and''; in line 41, by striking all after ``services; by striking
all in line 42; in line 43, by striking all before the semicolon;

      On page 2, in line 21, by striking ``eight'' and inserting ``six''; in line 34, by striking ``and''
and inserting a comma; also in line 34, after ``office'' by inserting ``and the division of
legislative administrative services''; 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.

 The following bills were thereupon introduced and read by title:

   HB 2988, An act amending and supplementing the pharmacy act of the state of Kansas;
concerning records of prescription orders; prohibiting certain acts and providing penalties
for violations, by Committee on Appropriations.

 HB 2989, An act concerning the teacher service scholarship program; amending K.S.A.
74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74-32,106 and K.S.A. 1999 Supp.
74-32,104 and 74-32,107 and repealing the existing sections, by Committee on

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday,
February 16, 2000.


JANET E. JONES, Chief Clerk.