2620 JOURNAL OF THE HOUSE Journal of the House SIXTY-SIXTH DAY HALL OF THE HOUSE OF REPRESENTATIVES, TOPEKA, KS, Thursday, May 29, 2008, 10:00 a.m. The House met pursuant to SCR 1627 with Speaker Neufeld in the chair. Reps. Aurand, Brown, Carlin, Craft, Crum, Davis, Dillmore, Flaharty, George, Goico, Grange, Hawk, Johnson, Kiegerl, Landwehr, McCray-Miller, Menghini, Merrick, Owens, Roth, Schwab, Sloan, Svaty, Swanson, Whitham, B. Wolf, K. Wolf, and Yoder were excused on excused absence by the Speaker. Prayer by Chaplain Brubaker: Our Heavenly Father, Here we are at the close of another session. For several weeks we have been praying and asking many things from you . wisdom, direction, compassion, patience, longsuffering, and a spirit of cooperation. Today we want to thank you for all you have helped us to accomplish. Some may feel exuberant for accomplishments made. Some may feel discouragement for not being able to achieve that which they desired. The important thing for all of us is to know that we did our best, worked our hardest, kept or integrity, and respected one another. If we didn’t do this, please forgive us Lord. As we close, I pray that You will watch over all our representatives. Keep them safe and healthy and bless them. For Betty Mae Powers and the family and friends of Representative Ted Powers, please bring them comfort and fill their sense of loss with your love and companionship. These things I gladly pray in the Name of Jesus Christ, Amen. The Pledge of Allegiance was led by Rep. Carlson. SPECIAL REMARKS Reps. Swenson and Vickrey offered special remarks in memory of Representative Ted Powers who died on May 13. They also presented a framed proclamation to Ted’s wife, Betty Mae. She was accompanied by her son, Teddy Powers, Jr. Mrs. Powers also addressed a few remarks to the members of the House. Speaker Neufeld mentioned that today no one was sitting in Rep. Powers’ chair and that a bouquet of flowers adorned his desk. MAY 29, 2008 2621 MESSAGES FROM THE GOVERNOR HB 2123, HB 2186, HB 2343; S. Sub. for HB 2504; S. Sub. for HB 2542; HB 2642, HB 2643, HB 2689 approved on May 13, 2008. Also, S. Sub. for HB 2923; HB 2620, HB 2700, HB 2746, HB 2772 approved on May 14, 2008. Also, HB 2727, HB 2845, HB 2858; S. Sub. for HB 2916; HB 2926 approved on May 16, 2008. MESSAGE FROM THE GOVERNOR I have repeatedly demonstrated my support for gun ownership because it’s an important part of our state’s heritage and way of life. Like most Kansans, I enjoy hunting and believe all law-abiding citizens have the right to own a weapon for their protection and the protection of their families. That’s why I’ve supported common-sense improvements to Kansas gun laws, such as allowing retired law enforcement officers to carry concealed weapons. I have also supported measures to make our gun laws more uniform so gun owners don’t inadvertently violate an ordinance when traveling from one community to another. Since vetoing the conceal carry law in 2006, I have continued to hear from police chiefs and other law enforcement officials, members of the clergy, health care workers, and em- ployers throughout our state that concealed weapons make our citizens less safe and secure. While every law-abiding Kansan has a right to keep and bear arms, hidden weapons make it harder for law enforcement to do its job. Legislators know concealed weapons make Kansas’ workplaces less safe, which is why they banned them in their own workplace - the Capitol. HB 2359 further erodes our public safety by allowing people who have been convicted of certain felonies to obtain a conceal carry permit. I recognize that a veto of this bill would certainly be overridden as it received nearly unanimous support in both chambers. However, to sign it into law would be against my convictions and inconsistent with my previous vetoes. Therefore, I am choosing to let HB 2359 become law without my signature. KATHLEEN SEBELIUS Governor Dated: May 16, 2008 VETO MESSAGE FROM THE GOVERNOR The following message with the Governor’s objection to S. Sub. for HB 2412, An act enacting the economic stimulus act of 2008; encouraging certain commercial enterprises and creation of jobs; amending the Kansas investments in major products and comprehen- sive training act (IMPACT); relating to intermodal transportation and the financing thereof; providing for certain sales tax refunds; concerning energy conservation and efficiency, air emissions and electric generation and transmission; amending K.S.A. 65-3008b, 65-3012 and 66-104d and K.S.A. 2007 Supp. 65-3005, 65-3008a, 66-1,184, 74-616, 74-50,104, 74- 50,107 and 79-3279 and repealing the existing sections, was received and read. Message to the House of Representatives of the State of Kansas: Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I am vetoing S. Sub. for HB 2412. Legislators who promote the expansion of coal-fired plants in Kansas have again made a strategic decision with S. Sub. for HB 2412. Rather than working toward a compromise solution, legislative leaders recklessly chose to jeopardize important initiatives for businesses and communities across our state by combining them with energy legislation I have previ- ously vetoed twice. Their action has raised concerns, voiced by key legislative proponents of the coal meas- ures, that this bill violates Article 2, Section 16, of the Kansas Constitution, which prohibits two subjects in a bill. I take these concerns very seriously in determining whether a bill that comes to my desk meets a minimum threshold of constitutionality. Like every member of 2622 JOURNAL OF THE HOUSE the Kansas Legislature, I am sworn to uphold the Kansas Constitution, and cannot support a measure that blatantly contradicts our founding document. However, I remain very supportive of many provisions contained within S. Sub. for HB 2412 and hope to work with the Legislature, businesses and communities in the future to pass these important measures. Included in S. Sub. for HB 2412 is a provision proposed by my administration to provide more flexibility within the IMPACT program at the Department of Commerce. Changes to the IMPACT program would provide the Department with the tools they need to recruit and retain businesses in our state and dedicate more support to rural and small businesses. Because I believe this measure to be essential to the continued effectiveness of the IMPACT program, I have asked the Department propose these changes again next year for the new Legislature to consider. The provision contained in S. Sub. for HB 2412 extending the 2009 sunset on the single- factor corporation income tax apportionment formula continues to be a helpful tool to help locate new facilities in Kansas. This measure deserves serious consideration by the Legis- lature and my Administration, and I look forward to getting the opportunity to do so next year. Under my direction, various state agencies including the Kansas Department of Trans- portation, Kansas Department of Commerce and the Kansas Development Finance Au- thority have been working over the past several months with local officials and legislators to promote the development of the proposed intermodal facility in Gardner. I am disap- pointed legislative leaders chose to impede their hard work by inserting this funding mech- anism only within this bill. I remain supportive of this project and encourage the county commissioners to continue discussion with local and state officials to ensure this project moves forward. Finally, the telecommunications industry has been working on various proposals to en- hance their investments in Kansas. It is my hope that the Legislature and I will have the opportunity to consider these proposals on their own merit in the future. Once again, this maneuver has done nothing to address the issues at hand - developing comprehensive energy policy, providing base-load energy power for Western Kansas, im- plementing carbon mitigation strategies and capitalizing on our incredible assets for addi- tional wind power. Furthermore, expanding the legislative involvement in the utility business and putting the regulatory permitting process into the hands of a Legislature whose membership changes every two years would set a dangerous precedent. Increasing utility rates for Kansas rate- payers for the sole benefit of one company is unacceptable. Kansas can do better, and I remain hopeful we can still have a meaningful discussion about a true compromise. KATHLEEN SEBELIUS Governor Dated: May 16, 2008 VETO MESSAGE FROM THE GOVERNOR The following message with the Governor’s objection to S. Sub. for HB 2802, An act concerning energy; relating to conservation and electric generation and efficiency and air emissions; imposing certain charges and providing for distribution thereof, was received and read. Message to the House of Representatives of the State of Kansas: Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I am vetoing S. Sub. for HB 2802. Though this attempt at crafting energy policy for the state has small steps in the right direction, I cannot support the legislative companion to this bill, which puts the regulatory permitting process into the hands of a part-time Legislature. Additionally, this legislation not only contains a rate increase on every Kansas utility customer but directs the majority of these taxpayer receipts to a fund used solely for the benefit of one electric company. Throughout this entire Session, the Legislature has failed MAY 29, 2008 2623 to craft a comprehensive energy policy for our state. Here, nearing the end, their one statewide policy is to raise the electric bill of every Kansan.