March 6, 2000
Journal of the House
|Hall of the House of Represenatitives|
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
|Topeka, KS, Monday, March 6, 2000, 11:00 a.m.|
The roll was called with 120 members present.
Rep. Phil Kline was excused on verified illness.
Reps. Burroughs, Holmes, E. Peterson, and Pottorff were excused on excused absence
by the Speaker.
Prayer by Chaplain Svoboda:
You made all creation
and said, ``it is good!''
Help us to see your creation
as You yourself see it:
may we notice the crocus
and say, ``it is good!''
May we feel the warm sun on our skin
and say, ``it is good!''
and may we look at one another and our
constituents and be able to say,
``they are good!''
We ask these things in Your name.
The Pledge of Allegiance was led by Rep. Johnson.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 3015, 3017.
Education: HB 3013.
Federal and State Affairs: HB 3016.
Judiciary: HB 3012.
Kansas 2000 Select: HB 3014, 3018.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Gregory in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Gregory, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2687 be adopted; and the bill be passed as
Committee report recommending a substitute bill to Sub. HB 2653 be adopted; also, on
motion of Rep. Rehorn be amended on page 1, in line 17, by striking all following ``public'';
by striking all in line 18; in line 19, by striking all preceding the period; in line 25, by striking
all following ``any''; in line 26, by striking all preceding ``facility'' and inserting ``public or
private''; in line 28, by striking all following ``where''; in line 29, by striking all preceding
``held'' and inserting ``events are''; by striking all in line 36; in line 37, by striking ``section''
and inserting ``subsection''; in line 43, by striking ``section'' and inserting ``subsection'';
On page 2, by striking all in lines 23 through 31 and inserting the following:
``(c) (1) Except as provided by paragraph (2) of this subsection, no person shall resell
a ticket to an event within 1,000 feet of the property line of the property on which is located
the place of entertainment for such event or on any fully controlled-access highway within
five miles of the place of entertainment for such event.
(2) The provisions of this subsection shall not apply to the resale of tickets to an event
held at a place of entertainment having a permanent seating capacity of 5,000 or fewer
On page 3, following line 1, by inserting the following:
``Nothing in this subsection shall be construed as requiring employees of a registered
ticket broker to register with the office of the secretary of state.'';
Also on page 3, in line 3, following ``secretary'' by inserting ``of state''; in line 5, by striking
``and ongoing''; in line 13, following ``secretary'' by inserting ``of state''; in line 17, following
``secretary'' by inserting ``of state'';
Also, on motion of Rep. McKechnie Sub. HB 2653 be amended on page 1, in line 25,
by deleting the words ``or publicly'';
Also, on motion to recommend Sub. HB 2653 favorably for passage, the motion did not
On motion of Rep. Edmonds SB 389 be amended on page 1, by striking all in lines 15
By striking all on page 2;
On page 3, by striking all in lines 1 through 24 and inserting the following material to
read as follows:
``Section 1. (a) There shall be placed on the grounds of the state capitol a memorial to
Kansas firefighters who have lost their lives in the line of duty in the service of the state.
Such memorial shall be located at a site to be selected by the director of architectural
services. Such memorial shall be constructed in accordance with the design and architectural
drawings approved by the director of architectural services. The memorial shall be of such
a design that the names of the firefighters to be honored, both past and future, may be
inscribed thereon. The director of architectural services shall cause annually the name or
names of any firefighters who have lost their lives in the line of duty in the service of the
state to be inscribed upon the memorial.
(b) It shall be the duty of the state fire marshal on or before the 15th day of March of
each year to notify the secretary of administration of the name or names of any firefighters
who lost their lives in the line of duty during the preceding calendar year. The state fire
marshal shall assemble the necessary information regarding any such firefighter and report
the same to the director of architectural services.
(c) The secretary of administration is hereby authorized to receive any grants, gifts,
contributions or bequests made for the purpose of financing the construction of such
memorial or for its upkeep and the addition of names thereto and to expend the same for
the purpose for which received.
(d) There is hereby established in the state treasury the Kansas firefighters memorial
fund. Expenditures from the fund may be made for the purposes of constructing, updating
and repairing such memorial, for other purposes related to memorializing and honoring
Kansas firefighters and for such purposes as may be specified with regard to any grant, gift,
contribution or bequest. All such expenditures shall be authorized by the Kansas firefighters
memorial advisory committee and made upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the secretary of administration or the
(e) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the Kansas firefighters memorial fund interest
earnings based on:
(1) The average daily balance of moneys in the Kansas firefighters memorial fund for
the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding
Sec. 2. (a) There is hereby established the Kansas firefighters memorial advisory
committee which shall be composed of nine members as follows:
(1) A representative of the Kansas state firefighters association, appointed by the
(2) a representative of the Kansas state association of fire chiefs, appointed by the
(3) a representative of the Kansas professional fire chiefs association, appointed by the
(4) a representative of the Kansas council of firefighters, appointed by the governor;
(5) a representative of the fire education association of Kansas, appointed by the
(6) a representative of the Kansas chapter of the international association of arson
investigators, appointed by the governor;
(7) a representative of the fire marshal's association of Kansas, appointed by the
(8) the state fire marshal or the marshal's designee; and
(9) the executive director of the Kansas state historical society or the executive director's
(b) With regard to a member to be appointed by the governor as a representative of
the Kansas state firefighters association, Kansas state association of fire chiefs, the Kansas
professional fire chiefs association, the Kansas council of firefighters, fire education
association of Kansas, the Kansas chapter of the international association of arson
investigators, or the fire marshal's association of Kansas, the association or group to be
represented may submit a list of at least three names for consideration by the governor in
making the appointment. The governor shall consider each such list if timely submitted and
may appoint from among those listed.
(c) The Kansas firefighters memorial advisory committee shall be advisory to the
director of architectural services and the secretary of administration with regard to matters
concerning the memorial to Kansas firefighters on the state capitol grounds. The advisory
committee may also make recommendations to the governor and the legislature regarding
appropriate activities memorializing or commemorating the services of firefighters in
Kansas. The advisory committee may solicit grants, gifts, contributions and bequests for the
memorial and shall remit all moneys so received for deposit in the state treasury to the
credit of the Kansas firefighters memorial fund in accordance with section 1 and
(d) The members of the advisory committee shall organize annually by electing a
chairperson and vice-chairperson. The advisory committee shall meet at least once each
year upon call of the chairperson. The secretary of administration, or the secretary's
designee, shall serve as secretary for the advisory committee. Members of the advisory
committee appointed by the governor under this section shall serve at the pleasure of the
And by renumbering the remaining section accordingly;
On page 1, in the title, in line 10, by striking ``memorials'', and inserting ``a memorial for
Kansas firefighters''; in line 12, before the period, by inserting ``; advisory committee''; and
SB 389 be passed as amended.
Committee report to SB 190 be adopted; also, on motion of Rep. Welshimer to amend,
Rep. Geringer requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment germane. The question then reverted back to the motion of
Rep. Welshimer and rose and reported progress (see HJ, Committee of the Whole, March
REPORTS OF STANDING COMMITTEES
The Committee on Economic Development recommends HB 2971 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2971,'' as
``Substitute for HOUSE BILL No. 2971
By Committee on Economic Development
``AN ACT relating to housing; concerning administration of state housing program;
establishing a state housing corporation; amending K.S.A. 74-5084 and 74-5085 and
K.S.A. 1999 Supp. 74-5086a and repealing the existing sections; also repealing K.S.A.
74-5082 and 74-5083.'';
and the substitute bill be passed.
(Sub. HB 2971 was thereupon introduced and read by title.)
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2923 from Committee on
Calendar and Printing and rereferral to Committee on Transportation.
REPORT ON ENROLLED BILLS
Sub. HB 2290 reported correctly enrolled, properly signed and presented to the governor
on March 6, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, March 7,
CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.