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JOURNAL OF THE HOUSE534

Journal of the HouseFIFTY-THIRD DAY

HALL OF THE HOUSE OF REPRESENTATIVES,TOPEKA, KS, Friday, March 25, 2005, 10:00 a.m.

The House met pursuant to adjournment with Speaker Mays in the chair.The roll was called with 124 members present.Rep. Showalter was excused on verified illness.

Prayer by Chaplain Chamberlain:

God of might and power, God of heaven and earth, hear our prayer ofpraise and thanksgiving to you this day. You create, sustain, and sanctify allthat has been, is, or ever more will be. You show us the way, the truth, andthe life. You fill us with every good thing and provide for our every need. Welift our prayers to you who are God above all.

On this holy day, we confess to you that we oftentimes place other thingsbefore you. We yield to the temptation to think our way is your way and thatour understanding is your understanding. We turn aside from thought aboutthe things above, to dwell on the ways that we can get ahead on earth. Weact as if we believe that the only things that matter are the things that weaccomplish, the riches we accumulate, or the power that we acquire. Andwhen we are caught with the apple in our mouths, we reach for the nearestfig leaf.

We haven’t changed all that much, O God. But then you already knowthat. And so you offer grace to us through your self-giving love. May yourgrace cleanse us of our sin and may we live our lives here on earth as if webelieve what you have told us about the life to be. Amen.

The Pledge of Allegiance was led by Rep. Mah.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONSThe following bills were referred to committees as indicated:Appropriations: SB 270, SB 272, SB 273.Committee of the Whole: SB 295.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAYOn motion of Rep. Horst, HR 6028, A resolution in memory of Carol Edward Beggs,

was adopted.There being no objection, the following remarks by Rep. Horst are spread upon the

journal:Rep. Carol Beggs was one of thirty-five newly elected representatives in 1994. When we

arrived in January, 1995, we were all desiring to change government for the better. Carol’sefforts were centered around his interest in small business, perhaps because he was a smallbusinessman. His time here showed that he also had a great interest in property tax fairness.This is evidenced by the amendment we included in a bill last night, the subject of whichwas connected to property taxation. He also was interested in promoting financial account-ability in government, especially as it applied to K-12 education. Carol’s serious side ben-efitted the people of Salina and the people of Kansas.

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His colleagues in the House additionally benefitted from his humor and talent. When themoment in the House became tense, Carol would share his wit in the form of a dry humorouscomment that always elicited chuckles from those nearby. The moment became less tensebecause of his humor.

On St. Patrick’s Day his harmonica would come out of his pocket as he moved towardthe podium to share his annual rendition of ‘‘Danny Boy.’’ I’m sure that somewhere in thedome there will always be an echo of Carol’s harmonica.

His contributions to Salina and to the State of Kansas were varied and many. We arebetter for those contributions and we are grateful that his wife, Betty, and his children andgrandchildren were willing to share this gentle man with all of us.

Rep. Horst introduced Betty Beggs, wife of former Rep. Carol Beggs. Rep. Roth alsoaddressed a few remarks to the members of the House.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAYOn motion of Rep. McCreary, HCR 5017, A concurrent resolution designating the An-

thony 9/11 memorial as the official Kansas ‘‘9/11 memorial’’ for 2005 and 2006, was adopted.There being no objection, the following remarks of Rep. McCreary are spread upon the

Journal:Excerpts from a letter by Barbara Spor O’RourkeAs the sister of fallen Firefighter Joseph P. Spor Jr., I am grateful for this opportunity to

tell you what the Anthony Kansas Memorial means to our family. It’s the stuff stories aremade of. Your great mayor, John Schott, and his family and his constituency reached out tous in our darkest hour and reassured our family and all of those affected, that the UnitedStates was ONE in this attack and that we stood together as a nation. Although we areseparated by 1300 miles, our hearts and spirits were joined as one.

Now, almost four years later, when we speak of the horrors and tragedy of 9/11, we alwayscan finish our story about the good people of Kansas who cared and gave as patriotic Amer-icans, a place whose people want to always remember the innocent victims and great heroesof September 11th.

Living in the New York City metropolitan area, I personally have not seen a 9/11 memorialthat is of the magnitude of the Anthony Memorial. We wholeheartedly support the effortto designate the Anthony Memorial as the official Kansas Memorial. We know you are proudof your fellow citizens of Kansas for this tremendous feat. We are truly honored by thismemorial and are forever grateful for your efforts.

CONSENT CALENDARObjection was made to SB 26 appearing on the Consent Calendar; the bill was placed

on the calendar under the heading of General Orders.No objection was made to SB 110 appearing on the Consent Calendar for the third day.

The bills were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONSSB 110, An act concerning the Kansas commission on veterans affairs; relating to me-

morials for Kansas veterans who served in the armed forces of the United States of America;prescribing certain guidelines and procedures; establishing the Kansas veterans memorialsfund, was considered on final action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or notvoting: 1.

Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,


Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Wil-liams, Winn, Yoder, Yonally.

Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed.Sub. HB 2012, An act regarding tax increment financing; clarification of statutes; amend-

ing K.S.A. 12-1774a and 12-1777 and K.S.A. 2004 Supp. 12-1770a, 12-1771, 12-1771b, 12-1772, 12-1773, 12-1774, 12-1780b and 12-1780c and repealing the existing sections, wasconsidered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Watkins, Weber, Wilk, Williams,Winn, Yoder, Yonally.

Nays: Ward.Present but not voting: None.Absent or not voting: Showalter.The substitute bill passed, as amended.HB 2108, An act amending the state water plan storage act; amending K.S.A. 2004 Supp.

82a-1308a, 82a-1315b and 82a-1315c and repealing the existing sections, was considered onfinal action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Wil-liams, Winn, Yoder, Yonally.

Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.HB 2398, An act concerning architectural, engineering and land surveying services for

state capital improvement projects; relating to convening of a negotiating committee;amending K.S.A. 75-1253 and 75-5804 and repealing the existing sections, was consideredon final action.

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Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed.HB 2399, An act concerning state capital improvement projects; relating to architectural

and engineering services; amending K.S.A. 75-1251 and 75-1269 and repealing the existingsections, was considered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood,George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland,C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins,Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Kirk, Knox,Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast,Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Mor-rison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Ol-son, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell, Powers,Roth, Ruff, Ruiz, Sawyer, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm,Svaty, Swenson, Thull, Treaster, Vickrey, Watkins, Weber, Wilk, Williams, Winn, Yoder,Yonally.

Nays: Feuerborn, Schwab, Ward.Present but not voting: None.Absent or not voting: Showalter.The bill passed.HB 2484, An act concerning license or occupation fees, charges and taxes; prohibiting

the imposition thereof on certain persons; amending K.S.A. 12-1617 and 19-2233 and re-pealing the existing sections, was considered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Flaharty, Flower, Freeborn, Garcia, George, Goico, Gor-don, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C. Holmes, M.Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Huy, Jack, D. John-son, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Krehbiel, Landwehr,Larkin, Light, Loganbill, Long, Loyd, Mah, Mast, Mays, McKinney, McLeland, Menghini,Merrick, F. Miller, M. Miller, Jim Morrison, Judy Morrison, Myers, Neufeld, Newton,Novascone, O’Malley, O’Neal, Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps,Pilcher-Cook, Pottorff, Powell, Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B.


Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey,Watkins, Weber, Williams, Yoder, Yonally.

Nays: Feuerborn, Flora, Gatewood, Kirk, Kuether, Lane, McCreary, Ward, Wilk, Winn.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.HB 2501, An Act concerning property taxation; relating to school district ad valorem tax

levy and exemption therefrom; general state aid appropriations; certification of assessedvaluations apportioned to taxing districts; providing for attorney fees and costs on appealsof orders of the board of tax appeals; amending K.S.A. 74-2426 and K.S.A. 79-5a27 andK.S.A. 2004 Supp. 72-6431 and 79-201x and repealing the existing sections, was consideredon final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Dahl, Davis, DeCastro, Decker, Edmonds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George, Goico,Gordon, Grange, Hawk, Hayzlett, Hill, Holland, C. Holmes, M. Holmes, Horst, Huebert,Huff, Humerickhouse, Huntington, Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley,Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Krehbiel, Kuether, Landwehr, Light, Long, Loyd,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell, Pow-ers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, S. Sharp, Shultz, Siegfreid, Sloan, Storm,Swenson, Thull, Vickrey, Ward, Watkins, Weber, Wilk, Williams, Yoder, Yonally.

Nays: Crow, Dillmore, Grant, Henderson, Henry, Kirk, Lane, Larkin, Loganbill, Mah,Pauls, B. Sharp, Svaty, Treaster, Winn.

Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.HB 2507, An act concerning the composition of the joint committee on special claims

against the state; amending K.S.A. 46-912 and repealing the existing section, was consideredon final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, DeCastro, Decker, Edmonds, Faust-Gou-deau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George, Goico,Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C. Holmes, M.Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Huy, Jack, D. John-son, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Krehbiel, Kuether, Land-wehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast, Mays, McCreary, McKinney,McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Morrison, Judy Morrison, Myers,Neufeld, Newton, Novascone, O’Neal, Oharah, Olson, Otto, Pauls, Peck, Peterson, Phelps,Pilcher-Cook, Powell, Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S.Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward,Watkins, Weber, Williams, Winn, Yoder, Yonally.

Nays: Davis, Dillmore, Faber, Kirk, O’Malley, Owens, Pottorff, Wilk.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.HB 2529, An act concerning grand juries; relating to petitions; amending K.S.A. 22-3001

and repealing the existing section, was considered on final action.On roll call, the vote was: Yeas 105; Nays 19; Present but not voting: 0; Absent or not

voting: 1.Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Carlson, Carter, Col-

loton, Cox, Craft, Dahl, DeCastro, Decker, Edmonds, Faber, Faust-Goudeau, Feuerborn,

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Flower, Freeborn, George, Goico, Gordon, Grange, Hayzlett, Henry, Hill, Holland, C.Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Huy,Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Krehbiel,Landwehr, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast, Mays, McCreary, McKinney,McLeland, Merrick, F. Miller, M. Miller, Jim Morrison, Judy Morrison, Myers, Neufeld,Newton, Novascone, O’Malley, O’Neal, Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson,Phelps, Pilcher-Cook, Pottorff, Powell, Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz,B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty, Swenson, Thull, Vickrey, Watkins,Weber, Wilk, Williams, Yoder, Yonally.

Nays: Burroughs, Carlin, Crow, Davis, Dillmore, Flaharty, Flora, Garcia, Gatewood,Grant, Hawk, Henderson, Kirk, Kuether, Lane, Menghini, Treaster, Ward, Winn.

Present but not voting: None.Absent or not voting: Showalter.The bill passed.HB 2530, An act concerning natural gas; relating to curtailment of service to certain

consumers; prescribing procedures related thereto; amending K.S.A. 66-105a and repealingthe existing section, was considered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 5, An act concerning the definition of trade secrets; amending K.S.A. 40-3805, 40-

4205, 48-1614, 49-427, 65-170g, 65-657, 65-3015, 65-3447, 65-34,102, 66-1220a, 74-8104and 74-8307 and repealing the existing sections, was considered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.


The bill passed.SB 7, An act concerning civil procedure; relating to child custody and residency; amending

K.S.A. 2004 Supp. 60-1610 and repealing the existing section, was considered on final action.On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not

voting: 1.Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-

son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Wil-liams, Winn, Yoder, Yonally.

Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 10, An act concerning schools and school districts; relating to the self-administration

of medication; amending K.S.A. 2004 Supp. 72-8252 and repealing the existing section, wasconsidered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 19, An act concerning the legislative post audit act; prescribing the confidentiality of

responses to surveys administered for audits; access to information and records for audits;amending K.S.A. 46-1119 and K.S.A. 2004 Supp. 46-1106 and repealing the existing sections,was considered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,

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Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Wil-liams, Winn, Yoder, Yonally.

Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.H. Sub. for SB 24, An act concerning cities; relating to annexation; amending K.S.A. 12-

520, 12-520a and 12-531 and repealing the existing sections, was considered on final action.On roll call, the vote was: Yeas 86; Nays 38; Present but not voting: 0; Absent or not

voting: 1.Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Carlson, Carter, Craft,

Dahl, Davis, DeCastro, Decker, Edmonds, Faber, Feuerborn, Flaharty, Flower, Freeborn,George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, M.Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Huy, Jack, D. John-son, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Krehbiel, Lane, Loganbill, Long, Mah,Mast, Mays, McCreary, McKinney, Merrick, F. Miller, M. Miller, Jim Morrison, Judy Mor-rison, Myers, Neufeld, O’Neal, Oharah, Olson, Otto, Pauls, Peck, Pilcher-Cook, Pottorff,Powell, Roth, Ruff, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Svaty,Vickrey, Weber, Wilk, Williams, Winn.

Nays: Burroughs, Carlin, Colloton, Cox, Crow, Dillmore, Faust-Goudeau, Flora, Garcia,Gatewood, Holland, C. Holmes, E. Johnson, Kirk, Kuether, Landwehr, Larkin, Light, Loyd,McLeland, Menghini, Newton, Novascone, O’Malley, Owens, Peterson, Phelps, Powers,Ruiz, Sawyer, Storm, Swenson, Thull, Treaster, Ward, Watkins, Yoder, Yonally.

Present but not voting: None.Absent or not voting: Showalter.The substitute bill passed, as amended.SB 27, An act concerning controlled substances; relating to schedule V substances; un-

lawful acts; amending K.S.A. 21-2501a, 65-1643, 65-4113, 65-4152, 65-4159, 65-7001 and65-7006 and repealing the existing sections, was considered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan,Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams,Winn, Yoder, Yonally.

Nays: None.Present but not voting: Hill, Schwab.Absent or not voting: Showalter.The bill passed, as amended.Sub. SB 33, An act concerning private construction contracts, enacting the Kansas fair-

ness in private construction contract act, was considered on final action.On roll call, the vote was: Yeas 68; Nays 56; Present but not voting: 0; Absent or not

voting: 1.


Yeas: Ballard, Beamer, Brown, Brunk, Burgess, Burroughs, Carlin, Carter, Cox, Dahl,Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Goico, Gordon, Grange, Grant,Hayzlett, Henderson, Henry, Holland, Humerickhouse, Hutchins, Kelley, Kelsey, Kinzer,Kirk, Knox, Kuether, Lane, Larkin, Long, Loyd, Mah, Mays, McCreary, McKinney, Mengh-ini, Merrick, Judy Morrison, Neufeld, Novascone, O’Neal, Oharah, Otto, Peterson, Phelps,Powell, Roth, Ruff, Ruiz, Sawyer, Schwartz, B. Sharp, Sloan, Storm, Svaty, Swenson, Thull,Vickrey, Weber, Wilk, Williams, Winn, Yonally.

Nays: Aurand, Bethell, Carlson, Colloton, Craft, Crow, Davis, DeCastro, Decker, Dill-more, Edmonds, Freeborn, Garcia, Gatewood, George, Hawk, Hill, C. Holmes, M. Holmes,Horst, Huebert, Huff, Huntington, Huy, Jack, D. Johnson, E. Johnson, Kiegerl, Kilpatrick,Krehbiel, Landwehr, Light, Loganbill, Mast, McLeland, F. Miller, M. Miller, Jim Morrison,Myers, Newton, O’Malley, Olson, Owens, Pauls, Peck, Pilcher-Cook, Pottorff, Powers,Schwab, S. Sharp, Shultz, Siegfreid, Treaster, Ward, Watkins, Yoder.

Present but not voting: None.Absent or not voting: Showalter.The substitute bill passed, as amended.

EXPLANATION OF VOTE

MR. SPEAKER: We vote no on SB 33. This bill represents an unnecessary extension ofgovernment regulation. Private parties should be allowed the freedom to contract and makebusiness decisions without intrusive government control. Some of our most significant Kan-sas businesses like Sprint, Boeing and Westar oppose this legislation and at a time when weare trying to grow our economy, it makes little sense to stifle our business climate withincreased litigation, more government mandates and less economic freedom. This legislationis bad for business and bad for Kansas. —KEVIN YODER, JEFF JACK, JIM MORRISON, SCOTT

SCHWAB, STEPHANIE SHARP, DEAN NEWTON, DAN JOHNSON

SB 48, An act concerning contracts entered into by school districts, technical collegesand community colleges, was considered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 59, An act concerning wildlife; creating the wildlife violator compact, was considered

on final action.On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not


son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,

MARCH 25, 2005 543

Kirk, Knox, Krehbiel, Kuether, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast,Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Mor-rison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Ol-son, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Powers, Roth, Ruff, Ruiz,Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty, Swen-son, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams, Winn, Yoder, Yonally.

Nays: Landwehr, Pilcher-Cook.Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 60, An act relating to all-terrain vehicles; concerning the definition thereof; amending

K.S.A. 8-1402a and K.S.A. 2004 Supp. 8-126 and repealing the existing sections, was con-sidered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 72, An act concerning crimes and punishment; relating to the nonprison sanction of

a certified drug abuse treatment program; amending K.S.A. 2004 Supp. 19-1910, 19-4444,21-3707, 21-46-4603d and 21-4729 and repealing the existing sections, was considered onfinal action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Carlin, Carter, Colloton, Cox, Craft,Decker, Faber, Faust-Goudeau, Flaharty, Flora, Flower, Garcia, Gatewood, George, Goico,Grange, Hawk, Henderson, Hill, Holland, C. Holmes, Horst, Huff, Humerickhouse,Huntington, Hutchins, Jack, D. Johnson, E. Johnson, Kelsey, Kiegerl, Kilpatrick, Kirk, Knox,Krehbiel, Kuether, Larkin, Light, Loganbill, Long, Loyd, Mah, Mays, McCreary, McLeland,Menghini, Merrick, M. Miller, Jim Morrison, Judy Morrison, Myers, Novascone, O’Malley,O’Neal, Oharah, Olson, Otto, Owens, Peck, Pottorff, Roth, Ruff, Ruiz, Sawyer, Schwab,Shultz, Siegfreid, Sloan, Swenson, Weber, Wilk, Williams, Winn, Yoder, Yonally.

Nays: Brunk, Burgess, Burroughs, Carlson, Crow, Dahl, Davis, DeCastro, Dillmore, Ed-monds, Feuerborn, Freeborn, Gordon, Grant, Hayzlett, Henry, M. Holmes, Huebert, Huy,Kelley, Kinzer, Landwehr, Lane, Mast, McKinney, F. Miller, Neufeld, Newton, Pauls, Pe-terson, Phelps, Pilcher-Cook, Powell, Powers, Schwartz, B. Sharp, S. Sharp, Storm, Svaty,Thull, Treaster, Vickrey, Ward, Watkins.

Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.Sub. SB 77, An act concerning racial and other profiling; prohibiting certain actions and

providing remedies for violations, was considered on final action.



Yeas: Aurand, Ballard, Beamer, Brown, Brunk, Burgess, Burroughs, Carlin, Carlson, Car-ter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Faust-Goudeau,Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George, Goico, Gordon,Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C. Holmes, M. Holmes,Horst, Huff, Humerickhouse, Huntington, Hutchins, Huy, Jack, D. Johnson, E. Johnson,Kelley, Kelsey, Kilpatrick, Kinzer, Kirk, Knox, Kuether, Landwehr, Lane, Larkin, Light,Loganbill, Long, Loyd, Mah, Mays, McKinney, McLeland, Menghini, Merrick, F. Miller,M. Miller, Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley,O’Neal, Oharah, Olson, Owens, Pauls, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Wil-liams, Winn, Yoder, Yonally.

Nays: Bethell, Edmonds, Faber, Huebert, Kiegerl, Krehbiel, Mast, McCreary, Otto, Peck.Present but not voting: None.Absent or not voting: Showalter.The substitute bill passed, as amended.

EXPLANATIONS OF VOTE

MR. SPEAKER: What are the Riley County amendments? What ‘‘other’’ profiles are illegal?Don’t worry, we will fix it all in conference. That does not make me rest easier. No otherbills were passed as a blank check. You can brand me with whatever label you like, but Ithink the civil rights of the people of Kansas deserve better consideration. I ask that no onechange their vote on my account, but when we have the last version, I do ask that you giveit the proper scrutiny. I vote no on SB 77.—BILL OTTO

MR. SPEAKER: One racial profiling incident is one too many! Racial profiling tactics un-dermine the ability of law enforcement to enforce the law effectively; not to mention itviolates civil rights.

Specifically, when an individual’s race/ethnicity, religion, or any other element of intol-erance/discrimination is used to establish a cause for suspicion of a crime, that individual,along with their family members, friends, and neighbors, who are our constituents, myconstituents, lose trust in the integrity of law enforcement.

I applaud those who voted for this. I challenge those who did not to take the same stepand be PROACTIVE, and NOT reactive. I vote yes on SB 77.—DELIA GARCIA

SB 78, An act concerning open records; relating to exceptions to the requirement ofdisclosure thereof; public access to records; relating to compensation of certain public em-ployees; amending K.S.A 45-229 and K.S.A. 2004 Supp. 45-221, 46-247 and 66-1236 and75-4319 and repealing the existing sections; also repealing K.S.A. 2004 Supp. 45-221g, 45-221h and 75-4319b, was considered on final action.


Yeas: Ballard, Beamer, Bethell, Brown, Brunk, Burroughs, Carlin, Carlson, Carter, Col-loton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Edmonds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George, Goico,Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C. Holmes, M.Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Huy, Kelley, Kel-sey, Kiegerl, Kilpatrick, Kinzer, Kirk, Knox, Kuether, Landwehr, Lane, Larkin, Light, Lo-ganbill, Long, Mah, Mast, Mays, McCreary, McKinney, Menghini, Merrick, F. Miller, M.Miller, Jim Morrison, Judy Morrison, Myers, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powers, Roth,Ruff, Ruiz, Sawyer, Schwab, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty,Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams, Winn, Yoder.

Nays: Aurand, Burgess, Jack, D. Johnson, E. Johnson, Krehbiel, Loyd, McLeland, Neu-feld, Owens, Powell, Schwartz, Yonally.

Present but not voting: None.Absent or not voting: Showalter.

MARCH 25, 2005 545

The bill passed, as amended.

EXPLANATION OF VOTE

MR. SPEAKER: Professors at our State Universities currently are required to report sub-stantial interests to the Secretary of State. SB 78 will not change that requirement or expandthat requirement.

What SB 78 as amended will do is put into place restrictions that may hinder Universitiesfrom negotiating contracts for research grants. I vote NO on HB 78.—SHARON SCHWARTZ

SB 82, An act concerning sex offense prosecutions; relating to the complaining witness;admissibility of prior sexual conduct; amending K.S.A. 21-3525 and repealing the existingsection, was considered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Wil-liams, Yoder, Yonally.

Nays: Winn.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 92, An act concerning abuse, neglect or exploitation of persons; relating to the de-

partment of aging; concerning duties thereof; concerning withholding or withdrawal of life-saving or life-sustaining care of certain persons; amending K.S.A. 2004 Supp. 39-1404 and59-3075 and repealing the existing sections, was considered on final action.


Yeas: Beamer, Brown, Brunk, Burgess, Burroughs, Carlin, Carlson, Carter, Colloton,Craft, Dahl, DeCastro, Decker, Edmonds, Faber, Feuerborn, Flower, Freeborn, Garcia,Gatewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry,Hill, Holland, M. Holmes, Horst, Huebert, Huff, Hutchins, Huy, Jack, D. Johnson, E.Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Landwehr, Lane, Larkin, Long,Mah, Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, JimMorrison, Judy Morrison, Myers, Newton, Novascone, O’Malley, Oharah, Olson, Otto,Owens, Pauls, Peck, Phelps, Pilcher-Cook, Powell, Roth, Ruff, Ruiz, Sawyer, Schwab, B.Sharp, S. Sharp, Shultz, Siegfreid, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward,Watkins, Weber, Wilk, Williams, Winn.

Nays: Aurand, Ballard, Bethell, Cox, Crow, Davis, Dillmore, Faust-Goudeau, Flaharty,Flora, C. Holmes, Humerickhouse, Huntington, Kirk, Krehbiel, Kuether, Light, Loganbill,Loyd, M. Miller, Neufeld, O’Neal, Peterson, Pottorff, Powers, Schwartz, Sloan, Yoder,Yonally.

Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 94, An act relating to roads and highways; concerning certain contracts; amending

K.S.A. 68-521 and K.S.A. 2004 Supp. 68-1115 and 68-1117 and repealing the existing sec-tions, was considered on final action.



Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Watkins, Weber, Wilk, Williams,Winn, Yoder, Yonally.

Nays: Ward.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.Sub. SB 103, An act concerning insurance; relating to certain insurance policies issued

to Kansas residents deployed in military service; relating to uninsured motorist coverage;amending K.S.A. 40-284 and repealing the existing section, was considered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The substitute bill passed, as amended.SB 112, An act concerning materialman’s liens; relating to determining priority of claims

against property under construction; amending K.S.A. 60-1101, 60-1106 and 60-1110 andK.S.A. 2004 Supp. 60-1103b and repealing the existing sections, was considered on finalaction.


Yeas: Aurand, Ballard, Bethell, Brown, Brunk, Burgess, Burroughs, Carlson, Carter, Col-loton, Craft, Dahl, Davis, DeCastro, Decker, Edmonds, Faber, Feuerborn, Flower, Free-born, Gatewood, George, Goico, Gordon, Grange, Grant, Hayzlett, Hill, Holland, C.Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Jack,D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Krehbiel, Land-wehr, Light, Mast, Mays, McCreary, McLeland, Menghini, Merrick, F. Miller, Jim Morri-son, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Otto, Owens,Peck, Pilcher-Cook, Powell, Roth, Schwab, Schwartz, S. Sharp, Shultz, Storm, Swenson,Vickrey, Watkins, Weber, Williams, Yoder, Yonally.

MARCH 25, 2005 547

Nays: Beamer, Carlin, Cox, Crow, Dillmore, Faust-Goudeau, Flaharty, Flora, Garcia,Hawk, Henderson, Henry, Huy, Kirk, Kuether, Lane, Larkin, Loganbill, Long, Loyd, Mah,McKinney, M. Miller, Oharah, Olson, Pauls, Peterson, Phelps, Pottorff, Powers, Ruff, Ruiz,Sawyer, B. Sharp, Siegfreid, Sloan, Svaty, Thull, Treaster, Ward, Wilk, Winn.

Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 121, An act concerning corporations; amending K.S.A. 17-1763 and K.S.A. 2004 Supp.

17-6002 and repealing the existing sections, was considered on final action.On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 123, An act concerning the state treasurer; authority to charge certain fees, was

considered on final action.On roll call, the vote was: Yeas 83; Nays 41; Present but not voting: 0; Absent or not

voting: 1.Yeas: Aurand, Beamer, Bethell, Brown, Brunk, Burgess, Carlson, Carter, Colloton, Cox,

Craft, Dahl, DeCastro, Decker, Edmonds, Faber, Flower, Freeborn, Gatewood, George,Goico, Gordon, Grange, Hayzlett, Hill, C. Holmes, M. Holmes, Horst, Huebert, Huff,Humerickhouse, Huntington, Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey,Kiegerl, Kilpatrick, Kinzer, Knox, Krehbiel, Light, Loyd, Mast, Mays, McCreary, McLeland,Merrick, F. Miller, Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone,O’Malley, O’Neal, Oharah, Olson, Otto, Owens, Peck, Pilcher-Cook, Pottorff, Powell, Pow-ers, Roth, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Vickrey, Watkins,Weber, Wilk, Yoder, Yonally.

Nays: Ballard, Burroughs, Carlin, Crow, Davis, Dillmore, Faust-Goudeau, Feuerborn,Flaharty, Flora, Garcia, Grant, Hawk, Henderson, Henry, Holland, Kirk, Kuether, Land-wehr, Lane, Larkin, Loganbill, Long, Mah, McKinney, Menghini, M. Miller, Pauls, Peter-son, Phelps, Ruff, Ruiz, Sawyer, Storm, Svaty, Swenson, Thull, Treaster, Ward, Williams,Winn.

Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 124, An act relating to roads and highways; concerning the classification thereof;

amending K.S.A. 68-101, 68-402b, 68-506, 68-506f, 68-516, 68-588, 68-592, 68-1109, 68-1137, 68-1701, 68-1703 and 68-1704 and repealing the existing sections; also repealingK.S.A. 2004 Supp. 68-1702, was considered on final action.




Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 133, An act concerning homestead property tax refunds; amending K.S.A. 2004 Supp.

79-4508 and 79-4521 and repealing the existing sections, was considered on final action.On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 147, An act concerning the limitation of actions; relating to increasing general time

limitation; amending K.S.A. 21-3510 and 21-3511 and K.S.A. 2004 Supp. 21-3106 and 21-3516 and repealing the existing sections, was considered on final action.



Nays: None.

MARCH 25, 2005 549

Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 148, An act concerning driving under the influence of alcohol or drugs; relating to

driving privileges; amending K.S.A. 8-1013 and repealing the existing section, was consid-ered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 151, An act concerning crimes, punishment and criminal procedure; defining the

crimes of trafficking and aggravated trafficking and prescribing penalties therefor, was con-sidered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 175, An act concerning insurance companies; relating to securities held by insurance

companies; amending K.S.A. 40-2a27 and 40-2b28 and repealing the existing sections, wasconsidered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,


Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast,Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Mor-rison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Ol-son, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell, Powers,Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan,Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams,Winn, Yoder, Yonally.

Nays: None.Present but not voting: Landwehr.Absent or not voting: Showalter.The bill passed.SB 176, An act concerning insurance; relating to new terminology for insurance brokers;

relating to limiting the insurance value of improvements on real property to the replacementcost thereof; relating to notice when a block of business is closed; relating to HIPAA com-pliance; amending K.S.A. 40-905, 40-2255, 40-37a01, 40-37a02, 40-37a03, 40-37a04, 40-37a05, 40-37a06 and 40-4502 and K.S.A. 2004 Supp. 40-2,131 and 40-2258 and repealingthe existing sections, was considered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kilpatrick, Kinzer, Knox,Krehbiel, Kuether, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast, Mays, Mc-Creary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Morrison, JudyMorrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Olson, Otto,Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell, Powers, Roth, Ruff,Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty,Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams, Winn, Yoder,Yonally.

Nays: Kiegerl, Kirk.Present but not voting: Landwehr.Absent or not voting: Showalter.The bill passed, as amended.SB 178, An act concerning home service contracts, was considered on final action.On roll call, the vote was: Yeas 118; Nays 6; Present but not voting: 0; Absent or not


son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flower, Freeborn, Garcia, Gatewood,George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland,C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins,Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Kreh-biel, Kuether, Landwehr, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast, Mays, Mc-Creary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Morrison, JudyMorrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Olson, Otto,Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell, Powers, Roth, Ruff,Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty,Swenson, Thull, Treaster, Watkins, Weber, Wilk, Williams, Yoder, Yonally.

Nays: Flora, Kirk, Lane, Vickrey, Ward, Winn.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.

MARCH 25, 2005 551

SB 183, An act concerning federally active licenses under the Kansas healing arts act;amending K.S.A. 65-2809 and repealing the existing section, was considered on final action.



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 194, An act concerning wildlife and parks; relating to commission permits, was con-

sidered on final action.On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not


son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Powers, Roth,Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm,Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams, Winn,Yoder, Yonally.

Nays: Pilcher-Cook.Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 215, An act enacting the commercial real estate broker lien act amending K.S.A. 58-

2305 and repealing the existing section, was considered on final action.On roll call, the vote was: Yeas 96; Nays 28; Present but not voting: 0; Absent or not

voting: 1.Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carter, Col-

loton, Cox, Craft, Dahl, Davis, DeCastro, Decker, Feuerborn, Flaharty, Flower, Freeborn,Garcia, Gatewood, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Huy,Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Knox, Landwehr,Larkin, Long, Loyd, Mah, Mast, Mays, McCreary, McLeland, Menghini, Merrick, F. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Owens, Peck, Phelps, Pilcher-Cook, Pottorff, Powell, Powers, Roth, Ruff,Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Swenson,Vickrey, Watkins, Wilk, Williams, Yoder, Yonally.


Nays: Carlin, Carlson, Crow, Dillmore, Edmonds, Faber, Faust-Goudeau, Flora, George,Hutchins, Kirk, Krehbiel, Kuether, Lane, Light, Loganbill, McKinney, M. Miller, Otto,Pauls, Peterson, Ruiz, Svaty, Thull, Treaster, Ward, Weber, Winn.

Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 216, An act concerning the powers and duties of the secretary of health and environ-

ment; relating to the investigation of infectious or contagious diseases; requiring tuberculosisevaluations for certain students who enter college or university classrooms; also relating topermits for construction of solid waste processing facilities; amending K.S.A. 65-3407 andrepealing the existing section, was considered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Edmonds, Faber,Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George,Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C.Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Huy,Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Kirk, Knox, Kreh-biel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast, Mays,McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Morrison,Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Olson,Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell, Powers, Roth,Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm,Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams, Winn,Yoder, Yonally.

Nays: Dillmore.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 225, An act concerning certain claims against the state, making appropriations, au-

thorizing certain transfers, imposing certain restrictions and limitations, and directing orauthorizing certain disbursements, procedures and acts incidental to the foregoing, wasconsidered on final action.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Dahl, Davis, DeCastro, Decker, Edmonds, Faber, Faust-Goudeau, Flaharty, Flower, Freeborn, Garcia, Gatewood, George, Goico, Gordon, Grange,Hawk, Hayzlett, Henderson, Hill, Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff,Humerickhouse, Huntington, Hutchins, Huy, Jack, E. Johnson, Kelley, Kelsey, Kiegerl,Kilpatrick, Kinzer, Knox, Krehbiel, Kuether, Landwehr, Larkin, Loganbill, Long, Loyd,Mah, Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M.Miller, Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley,O’Neal, Oharah, Olson, Otto, Owens, Pauls, Peck, Pilcher-Cook, Powell, Powers, Roth, Ruff,Ruiz, Schwab, Schwartz, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Swenson, Thull, Vickrey,Watkins, Weber, Wilk, Williams, Winn, Yoder, Yonally.

Nays: Crow, Dillmore, Feuerborn, Flora, Grant, Henry, D. Johnson, Kirk, Lane, Light,Peterson, Phelps, Pottorff, Sawyer, B. Sharp, Svaty, Treaster, Ward.

Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 252, An act relating to dealer license plates; concerning the use thereof; amending

K.S.A. 8-136 and repealing the existing section, was considered on final action.On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not

voting: 1.

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Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Burgess, Burroughs, Carlin, Carlson,Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Edmonds,Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood,George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland,C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins,Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Kirk, Knox,Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mast,Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller, Jim Mor-rison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Ol-son, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell, Powers,Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan,Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Watkins, Weber, Wilk, Williams, Winn,Yoder, Yonally.

Nays: Brunk, Ward.Present but not voting: None.Absent or not voting: Showalter.The bill passed.SB 254, An act concerning persons not engaged in the practice of the healing arts; amend-

ing K.S.A. 65-2872 and repealing the existing section, was considered on final action.On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not



Nays: None.Present but not voting: None.Absent or not voting: Showalter.The bill passed, as amended.SB 268, An act concerning insurance products; relating to the interstate insurance prod-

uct regulation compact, was considered on final action.On roll call, the vote was: Yeas 105; Nays 18; Present but not voting: 1; Absent or not

voting: 1.Yeas: Aurand, Ballard, Bethell, Brunk, Burgess, Burroughs, Carlin, Carter, Colloton, Cox,

Craft, Crow, Davis, DeCastro, Decker, Dillmore, Edmonds, Faust-Goudeau, Feuerborn,Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George, Goico, Gordon, Grange,Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C. Holmes, Horst, Huff, Hu-merickhouse, Huntington, Hutchins, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kilpa-trick, Kirk, Krehbiel, Kuether, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah, Mays,McCreary, McKinney, McLeland, Menghini, Merrick, M. Miller, Jim Morrison, Judy Mor-rison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal, Oharah, Olson, Owens,Pauls, Peck, Peterson, Phelps, Pottorff, Powell, Powers, Roth, Ruff, Ruiz, Sawyer, Schwab,Schwartz, B. Sharp, S. Sharp, Shultz, Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey,Ward, Wilk, Williams, Winn, Yoder, Yonally.

Nays: Beamer, Brown, Carlson, Dahl, Faber, M. Holmes, Huebert, Huy, Kiegerl, Kinzer,Knox, Mast, F. Miller, Otto, Pilcher-Cook, Siegfreid, Watkins, Weber.

Present but not voting: Landwehr.


Absent or not voting: Showalter.The bill passed.

MOTIONS TO CONCUR AND NONCONCUROn motion of Rep. Gordon, the House concurred in Senate amendments to HB 2265,

An act concerning economic development; concerning qualified manufacturers of cellulosefilm; Kansas downtown redevelopment act; amending K.S.A. 2004 Supp. 12-17,122 and 12-17,125 and repealing the existing sections.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Davis, DeCastro, Decker, Dillmore, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George, Goico,Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C. Holmes, M.Holmes, Horst, Huff, Humerickhouse, Huntington, Hutchins, Huy, D. Johnson, E. Johnson,Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Kirk, Kuether, Landwehr, Lane, Larkin, Logan-bill, Long, Mah, Mays, McCreary, McKinney, Menghini, Merrick, M. Miller, Jim Morrison,Judy Morrison, Myers, Neufeld, Novascone, O’Malley, O’Neal, Oharah, Olson, Otto, Owens,Pauls, Peterson, Phelps, Pottorff, Powell, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B.Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey,Ward, Watkins, Weber, Wilk, Williams, Winn, Yoder, Yonally.

Nays: Dahl, Edmonds, Huebert, Jack, Knox, Krehbiel, Light, Loyd, Mast, McLeland, F.Miller, Newton, Peck, Pilcher-Cook, Powers.

Present but not voting: None.Absent or not voting: Showalter.On motion of Rep. Jim Morrison, the House concurred in Senate amendments to HB

2155, An act concerning pharmacists and pharmacy; relating to prescription refills; amend-ing K.S.A. 65-1637 and repealing the existing section.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Phelps, Pilcher-Cook, Pottorff, Powell, Powers,Roth, Ruff, Ruiz, Sawyer, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan, Storm,Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams, Winn,Yoder, Yonally.

Nays: Peterson.Present but not voting: Hill, Schwab.Absent or not voting: Showalter.

On motion of Rep. Shultz, the House concurred in Senate amendments to HB 2326, Anact concerning insurance; pertaining to the Kansas Insurance Guaranty Association; relatingto claims; amending K.S.A. 40-2903, 40-2906, 40-2909, 40-2910 and 40-3641 and repealingthe existing sections.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,

MARCH 25, 2005 555

Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid,Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Wil-liams, Winn, Yoder, Yonally.


On motion of Rep. Jim Morrison, the House concurred in Senate amendments to HB2336, An act concerning the regulation of optometrists; amending K.S.A. 65-1501a and 74-1505 and K.S.A. 2004 Supp. 65-1505 and 65-1509 and repealing the existing sections.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Ed-monds, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Ga-tewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill,Holland, C. Holmes, M. Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington,Hutchins, Huy, Jack, D. Johnson, E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer,Kirk, Knox, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Loganbill, Long, Loyd, Mah,Mast, Mays, McCreary, McKinney, McLeland, Menghini, Merrick, F. Miller, M. Miller,Jim Morrison, Judy Morrison, Myers, Neufeld, Newton, Novascone, O’Malley, O’Neal,Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps, Pilcher-Cook, Pottorff, Powell,Powers, Roth, Ruff, Ruiz, Sawyer, Schwartz, B. Sharp, S. Sharp, Shultz, Siegfreid, Sloan,Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins, Weber, Wilk, Williams,Winn, Yoder, Yonally.

Nays: Schwab.Present but not voting: None.Absent or not voting: Showalter.

On motion of Rep. D. Johnson, the House concurred in Senate amendments to HB 2103,An act concerning weights and measures; relating to standards and requirements of com-mercial weighing and measuring devices; amending K.S.A. 2004 Supp. 83-202 and repealingthe existing section.





On motion of Rep. Gordon, the House concurred in Senate amendments to HB 2232,An act relating to schools; concerning school finance adjustments relating to pupils attendingschool in a school district where the pupils do not reside; amending K.S.A. 72-6412 and 72-6442 and repealing the existing sections.


Yeas: Aurand, Ballard, Beamer, Bethell, Brown, Brunk, Burgess, Burroughs, Carlin, Carl-son, Carter, Colloton, Cox, Craft, Crow, Dahl, Davis, DeCastro, Decker, Dillmore, Faust-Goudeau, Feuerborn, Flaharty, Flora, Flower, Freeborn, Garcia, Gatewood, George, Goico,Gordon, Grange, Grant, Hawk, Hayzlett, Henderson, Henry, Hill, Holland, C. Holmes, M.Holmes, Horst, Huebert, Huff, Humerickhouse, Huntington, Hutchins, Jack, D. Johnson,E. Johnson, Kelley, Kelsey, Kiegerl, Kilpatrick, Kinzer, Kirk, Kuether, Landwehr, Lane,Larkin, Loganbill, Long, Loyd, Mah, Mast, Mays, McCreary, McKinney, McLeland,Menghini, Merrick, M. Miller, Jim Morrison, Judy Morrison, Myers, Neufeld, Newton,Novascone, O’Malley, O’Neal, Oharah, Olson, Otto, Owens, Pauls, Peck, Peterson, Phelps,Pottorff, Powell, Powers, Roth, Ruff, Ruiz, Sawyer, Schwab, Schwartz, B. Sharp, S. Sharp,Shultz, Siegfreid, Sloan, Storm, Svaty, Swenson, Thull, Treaster, Vickrey, Ward, Watkins,Weber, Wilk, Williams, Winn, Yoder, Yonally.

Nays: Edmonds, Faber, Huy, Knox, Krehbiel, Light, F. Miller, Pilcher-Cook.Present but not voting: None.Absent or not voting: Showalter.On motion of Rep. D. Johnson, the House concurred in Senate amendments to HB 2341,

An act concerning agriculture; relating to uniformity and jurisdiction of the Kansas fertilizerlaw.




INTRODUCTION OF GUESTSRep. Hill introduced Kelsey Fowler, Emporia, who won the 2004 Kansas VFW Voice of

Democracy Competition. He presented her with a House certificate.

REPORT OF STANDING COMMITTEEYour Committee on Calendar and Printing recommends on requests for resolutions

and certificates thatRequest No. 168, by Representative Dahl, congratulating Dennis Boldt on being named

the Boys Track and Field Coach of the year by the National Federation CoachesAsscociation;

Request No. 169, by Representative Weber, congratulating Ron Shivers on his inductioninto the Kansas Auctioneers Hall of Fame;

Request No. 170, by Representative S. Sharp, welcoming foreign visitors to the state ofKansas;

MARCH 25, 2005 557

Request No. 171, by Representative Pottorff, congratulating Robert J. Bubp, Jr on re-ceiving the 2005 Kansas Artist Fellowship Award;

Request No. 172, by Representative Pottorff, congratulating Caroline Bruce on being a2004 US Olympic semifinalist in the 200 meter breaststroke;

Request No. 173, by Representative Phelps, congratulating Kim Weigel, Kathy Thomp-son and Rhonda Stults on receiving plaques from the Kansas Small Business DevelopmentCenter;

Request No. 174, by Representative Carlin, congratulating Christopher B. Martin, JasonR. Harris, Robert P. Bennett, Mark L. Stockham, and Zachary Mattingly on achieving therank of Eagle Scout;

Request No. 175, by Representative Phelps, congratulating the Thomas More Prep-Marian High School basketball team on winning the 3-A state championship;

Request No. 176, by Representative Vickrey, congratulating Effie Conner Owens Ma-thews on her 100th birthday;

Request No. 177, by Representative Wilk, congratulating Wayne Simien, member ofthe KU basketball team, on his great 2005 season;

Request No. 178, by Representative Ballard, congratulating Bill and Joan Freeman ontheir 50th wedding anniversary;

Request No. 179, by Representative Grange, congratulating Prairie Rose ChuckwagonSupper on being selected in the ‘‘top 10’’ in the ‘‘Local Secrets, Big Finds Poll’’;

Request No. 180, by Representative Grange, congratulating Ralph and Margaret Carlisleon their 60th wedding anniversary;

Request No. 181, by Representative Huff, commending the Cold War Veterans on theirbravery in winning the Cold War;

Request No. 182, by Representative Hill, congratulating Kelsey Fowler on winning the2004 Kansas VFW Voice of Democracy Competition;

Request No. 183, by Representative Jim Morrison, congratulating Rich Epp on beingawarded the Outstanding Sportscaster Award by the KIAAA;

Request No. 184, by Representative Hayzeltt, congratulating the Sublette Lady LarksBasketball team on winning the state championship 2 years in a row;

Request No. 185, by Representative Menghini, congratulating the St Mary’s Colgan BoysBasketball team on winning the 2A state championship;

Request No. 186, by Representative Menghini, congratulating Matt Wendt on receivingthe SD Shankland Award by the American Association of School Administrators;

Request No. 187, by Representative Menghini, congratulating Linda Knoll on receivingthe National Education Association Human and Civil Rights Award;

Request No. 188, by Representative Burgess, congratulating Cachet Hancock on beingnamed Kansas Junior Miss 2005;be approved and the Chief Clerk of the House be directed to order the printing of saidcertificates and order drafting of said resolutions.

On motion of Rep. Aurand, the committee report was adopted.The House stood at ease until the sound of the gavel.

Speaker Mays called the House to order.On motion of Rep. Aurand, the House recessed until 2:30 p.m.

AFTERNOON SESSION

The House met pursuant to recess with Speaker Mays in the chair.

MESSAGE FROM THE SENATEAnnouncing passage of Sub. SB 80; SB 298, SB 303.


Announcing passage of HB 2139, HB 2152, HB 2222, HB 2279, HB 2288, HB 2407,HB 2478.

Announcing passage of HB 2018, as amended; HB 2037, as amended by S. Sub. forHB 2037; HB 2045, as amended; HB 2053, as amended; HB 2172, as amended by S.Sub. for HB 2172; HB 2203, as amended; HB 2263, as amended; HB 2299, as amended;HB 2309, as amended; HB 2310, as amended; HB 2331, as amended; HB 2385, asamended; Sub. HB 2457, as amended; HB 2477, as amended; HB 2503, as amended.

The Senate concurs in House amendments to SB 63.The Senate concurs in House amendments to SB 74.The Senate concurs in House amendments to SB 154.The Senate concurs in House amendments to SB 192.The Senate concurs in House amendments to SB 258.Also, the Senate nonconcurs in House amendments to SB 4, requests a conference and

has appointed Senators Brownlee, Jordan and Kelly as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 13, requests a conference and has

appointed Senators Donovan, D. Schmidt and Lee as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 30, requests a conference and has

appointed Senators Vratil, Journey and Goodwin as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 36, requests a conference and has

appointed Senators Vratil, D. Schmidt and Goodwin as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 37, requests a conference and has


appointed Senators Vratil, Bruce and Goodwin as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 55, requests a conference and has

appointed Senators Brownlee, Jordan and Kelly as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 75, requests a conference and has



appointed Senators Brownlee, Jordan and Kelly as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 116, requests a conference and has

appointed Senators Barnett, V. Schmidt and Haley as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 119, requests a conference and has

appointed Senators Donovan, Wilson and Gilstrap as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 126, requests a conference and has


appointed Senators Brownlee, Jordan and Goodwin as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 142, requests a conference and has

appointed Senators Huelskamp, O’Connor and Betts as conferees on the part of the Senate.The Senate nonconcurs in House amendments to SB 161, requests a conference and has



appointed Senators Donovan, D. Schmidt and Lee as conferees on the part of the Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONSThe following Senate bills were thereupon introduced and read by title:

Sub. SB 80; SB 298, SB 303.

INTRODUCTION OF ORIGINAL MOTIONSOn motion of Rep. Aurand, the House acceded to the request of the Senate for a con-

ference on SB 4.

MARCH 25, 2005 559

Speaker Mays thereupon appointed Reps. Dahl, Novascone and Ruff as conferees on thepart of the House.

On motion of Rep. Aurand, the House acceded to the request of the Senate for a con-ference on SB 13.

Speaker Mays thereupon appointed Reps. Wilk, Huff and Thull as conferees on the partof the House.


Speaker Mays thereupon appointed Reps. Loyd, Owens and Davis as conferees on thepart of the House.


Speaker Mays thereupon appointed Reps. O’Neal, Jack and Pauls as conferees on thepart of the House.










Speaker Mays thereupon appointed Reps. Shultz, Carter and Dillmore as conferees onthe part of the House.




Speaker Mays thereupon appointed Reps. Jim Morrison, Mast and Kirk as conferees onthe part of the House.


Speaker Mays thereupon appointed Reps. Hayzlett, Faber and Long as conferees on thepart of the House.







Speaker Mays thereupon appointed Reps. Vickrey, Huy and Holland as conferees on thepart of the House.




Speaker Mays thereupon appointed Reps. Decker, O’Neal and Larkin as conferees onthe part of the House.



The House stood at ease until the sound of the gavel.

Speaker Mays called the House to order.

CHANGE OF CONFEREESSpeaker Mays announced the appointment of Rep. Goico as a member of the conference

committee on SB 142 to replace Rep. Huy.Also, the appointment of Rep. Crow as a member of the conference committee on SB

181 to replace Rep. Larkin.

MOTIONS TO CONCUR AND NONCONCUROn motion of Rep. C. Holmes, the House nonconcurred in Senate amendments to HB

2045 and asked for a conference.Speaker Mays thereupon appointed Reps. C. Holmes, Krehbiel and Kuether as conferees

on the part of the House.On motion of Rep. D. Johnson, the House nonconcurred in Senate amendments to HB

2053 and asked for a conference.Speaker Mays thereupon appointed Reps. D. Johnson, F. Miller and Svaty as conferees

on the part of the House.On motion of Rep. Cox, the House nonconcurred in Senate amendments to S. Sub. for

HB 2172 and asked for a conference.Speaker Mays thereupon appointed Reps. Cox, Humerickhouse and Grant as conferees

on the part of the House.On motion of Rep. C. Holmes, the House nonconcurred in Senate amendments to HB

2263 and asked for a conference.Speaker Mays thereupon appointed Reps. C. Holmes, Krehbiel and Kuether as conferees

on the part of the House.On motion of Rep. Dahl, the House nonconcurred in Senate amendments to HB 2299

and asked for a conference.Speaker Mays thereupon appointed Reps. Dahl, Novascone and Ruff as conferees on the

part of the House.On motion of Rep. Edmonds, the House nonconcurred in Senate amendments to HB

2309 and asked for a conference.Speaker Mays thereupon appointed Reps. Edmonds, Siegfreid and Burroughs as confer-

ees on the part of the House.On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB

2310 and asked for a conference.

MARCH 25, 2005 561

Speaker Mays thereupon appointed Reps. Hayzlett, Faber and Long as conferees on thepart of the House.

On motion of Rep. Decker, the House nonconcurred in Senate amendments to HB 2331and asked for a conference.

Speaker Mays thereupon appointed Reps. Decker, Horst and Storm as conferees on thepart of the House.

On motion of Rep. Loyd, the House nonconcurred in Senate amendments to HB 2385and asked for a conference.

Speaker Mays thereupon appointed Reps. Loyd, Owens and Davis as conferees on thepart of the House.

On motion of Rep. Shultz, the House nonconcurred in Senate amendments to HB 2203and asked for a conference.

Speaker Mays thereupon appointed Reps. Shultz, Carter and Dillmore as conferees onthe part of the House.

On motion of Rep. Neufeld, the House nonconcurred in Senate amendments to S. Sub.for HB 2037 and asked for a conference.

Speaker Mays thereupon appointed Reps. Neufeld, Landwehr and Feuerborn as confer-ees on the part of the House.

On motion of Rep. Neufeld, the House nonconcurred in Senate amendments to HB2477 and asked for a conference.

Speaker Mays thereupon appointed Reps. Neufeld, Landwehr and Feuerborn as confer-ees on the part of the House.

On motion of Rep. Vickrey, the House nonconcurred in Senate amendments to HB 2018and asked for a conference.

Speaker Mays thereupon appointed Reps. Vickrey, Goico and Holland as conferees onthe part of the House.

On motion of Rep. Pauls, the House nonconcurred in Senate amendments to Sub. HB2457 and asked for a conference.


INTRODUCTION OF ORIGINAL MOTIONSOn motion of Rep. Aurand, pursuant to House Rule 2306, the following bills were with-

drawn from the calendar and referred to committees as indicated:

Appropriations: HB 2506.Federal and State Affairs: SB 47, SB 132; Sub. SB 143.Judiciary: H. Sub. for SB 140.

Also, the following bills were withdrawn from the calendar and re-referred to committeesas indicated:

Governmental Organization and Elections: Sub. HB 2470; H. Sub. for SB 34.Higher Education: SB 139.Judiciary: SB 144.Transportation: SB 81, SB 234.

Also, the following bills were stricken from the calendar:HB 2106, HB 2505; SB 98, SB 223.

REPORT ON ENROLLED BILLSHB 2014, HB 2040, HB 2102, HB 2125, HB 2140, HB 2141; Sub. HB 2142; HB

2153, HB 2156, HB 2160, HB 2168, HB 2180, HB 2205, HB 2280, HB 2315, HB2347, HB 2409, HB 2461 reported correctly enrolled, properly signed and presented tothe governor on March 25, 2005.


REPORT ON ENROLLED RESOLUTIONSHCR 5004 reported correctly enrolled and properly signed on March 25, 2005.Also, HR 6028 reported correctly enrolled and properly signed on March 25, 2005.

On motion of Rep. Aurand, the House adjourned until 11:00 a.m., Wednesday, March30, 2005.

CHARLENE SWANSON, Journal Clerk.JANET E. JONES, Chief Clerk.

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