J o u r n a l o f t h e H o u s e NINTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Friday, January 24, 1997, 10:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 119 members present. Rep. Haley was excused on legislative business. Reps. Allen, Franklin, McKechnie, Samuelson and Weiland were excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, Our thoughts, today, are increasingly turning homeward, but help us to be mindful not to leave before we leave. And when we do leave, would You once again bless us with safe travel. As the grind, demands and troubles of this 1997 session increase, bless these servants and their loved ones with the needed patience and tolerance for the duration. Encourage their hearts, with Your Words from the Psalmist, in number 46, verse 1 . . . where it says that You are our refuge and strength . . . that You are an ever-present help in times of trouble. Now, guide us in the business of this day. I come to You in the Name of Christ Jesus. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: HB 2076, An act relating to taxation; defining hotel for sales and transient guest tax purposes; amending K.S.A. 1996 Supp. 12-1692, 12-1696 and 79-3603 and repealing the existing sections, by Committee on Taxation. HB 2077, An act relating to income taxation; authorizing credits for the hiring of developmentally disabled persons, by Committee on Taxation. HB 2078, An act relating to income taxation; providing for a credit therefrom for certain teaching aids purchased for assisting in the education of individuals; amending K.S.A. 1996 Supp. 79-32,117 and repealing the existing section, by Committee on Taxation. HB 2079, An act concerning state governmental ethics; relating to solicitation by state officers and employees; relating to gifts and honoraria; amending K.S.A. 46-271 and K.S.A. 1996 Supp. 46-236 and 46-237 and repealing the existing sections; also repealing K.S.A. 46277, by Committee on Governmental Organization and Elections. HB 2080, An act concerning the Riley county law enforcement agency; relating to membership therein and the financing thereof; amending K.S.A. 19-4427 and 19-4443 and repealing the existing sections, by Committee on Governmental Organization and Elections. HB 2081, An act relating to insurance; rate making and rating organizations; advisory organizations; rate administration and statistical plans; rebating of premium; repealing K.S.A. 40-925, 40-926, 40-927, 40-928, 49-928a, 40-929, 40-930, 40-931, 40-932, 40-933, 40-934, 40-935, 40-936, 40-937, 40-938, 40-939, 40-940, 40-941, 40-942, 40-943, 40-944, 40-945, 40-1111, 40-1111a, 40-1112, 40-1113, 40-1113a, 40-1113c, 40-1114, 40-1114a, 401115, 40-1116, 40-1117, 40-1118, 40-1119, 40-1120, 40-1121, 40-1122, 40-1123, 40-1124 and 40-1125, by Committee on Insurance. HB 2082, An act concerning insurance; insurance department service regulation fund; disposition of fees and certain taxes; assessments for maintenance and expenses of department; exemptions; penalties and interest; transfers from state general fund, temporary insufficiencies; schedule of fees and taxes for insurance companies and fraternal benefit societies; credit; deductions; returns; time for payment; repealing privilege tax; amending K.S.A. 40-112, 40-252, 40-252c and 40-253 and K.S.A. 1996 Supp. 40-246 and repealing the existing sections; also repealing K.S.A. 40-2801, 40-2802, 40-2805, 40-2806, 40-2807, 40-2808, 40-2809, 40-2810, 40-2811 and 40-2812 and K.S.A. 1996 Supp. 40-2803 and 402804, by Committee on Insurance. HB 2083, An act concerning insurance companies; regarding the reporting of material transactions; concerning the analysis of acquisitions; regarding the change of control or ownership; amending K.S.A. 40-3304 and K.S.A. 1996 Supp. 40-3302 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 40-2,158, by Committee on Insurance. HB 2084, An act relating to sales taxation; concerning the payment thereof, by Representatives Shore, Aurand, Benlon, Boston, Carmody, Donovan, Farmer, Flower, Freeborn, Glasscock, Hayzlett, Humerickhouse, Jennison, Phill Kline, Lloyd, O'Neal, Presta, Sloan, Wagle and Wilson. HB 2085, An act relating to taxation; enacting the Kansas estate tax act; defining resident trust for income taxation purposes; amending K.S.A. 79-1587 and K.S.A. 1996 Supp. 791541a, 79-1541b, 79-1542, 79-1564, 79-1569, 79-1570, 79-1571, 79-1572, 79-1574, 79-1575, 79-1576, 79-1579 and 79-1580 and repealing the existing sections; also repealing K.S.A. 791538, 79-1548, 79-1554, 79-1557, 79-1566, 79-1584, 79-1584a, 79-1584b, 79-1584c, 79-1585 and 79-1586 and K.S.A. 1996 Supp. 79-1537, 79-1537b, 79-1537c, 79-1537e, 79-1537f, 791538a, 79-1539, 79-1540, 79-1541, 79-1542a, 79-1543, 79-1545, 79-1547, 79-1549, 79-1550, 79-1551, 79-1552, 79-1553, 79-1555, 79-1556, 79-1557a, 79-1559, 79-1560, 79-1561, 791562, 79-1563, 79-1563a, 79-1565, 79-1567, 79-1567a, 79-1568 and 79-1573, by Representatives Shore, Adkins, Aurand, Beggs, Benlon, Boston, Carmody, Cox, Donovan, Farmer, Flower, Freeborn, Geringer, Hayzlett, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison Kejr, Phill Kline, Lane, Lloyd, Mason, Mays, Mollenkamp, O'Neal, Packer, Pottorff, Powell, Presta, Pugh, Ray, Schwartz, Shallenburger, Shultz, Sloan, Tomlinson, Vickrey, Wagle, Wells and Wilson . HB 2086, An act concerning crimes and punishment; relating to sentencing of battery; amending K.S.A. 1996 Supp. 21-4704 and repealing the existing section, by Committee on Federal and State Affairs. HB 2087, An act relating to sales taxation; exempting certain purchases and sales of certain health promotion entities; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Committee on Taxation. HOUSE CONCURRENT RESOLUTION No. 5004-- By Committee on Taxation \ih1\A PROPOSITION to amend section 13 of article 11 of the constitution of the state of Kansas, relating to exemption of property used for oil and gas development, exploration and production purposes. Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate concurring therein: Section 1. The following proposition to amend the constitution of the state of Kansas shall be submitted to the qualified electors of the state for their approval or rejection: Section 13 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows: ``(section) 13. Exemption of property for economic development purposes; procedure; limitations. (a) The board of county commissioners of any county or the governing body of any city may, by resolution or ordinance, as the case requires, exempt from all ad valorem taxation all or any portion of the appraised valuation of: (1) All buildings, together with the land upon which such buildings are located, and all tangible personal property associated therewith used exclusively by a business for the purpose of: (A) Manufacturing articles of commerce; (B) conducting research and development; or (C) storing goods or commodities which are sold or traded in interstate commerce, which commences operations after the date on which this amendment is approved by the electors of this state;
or(2) all buildings, or added improvements to buildings constructed after the date on which this amendment is approved by the electors of this state, together with the land upon which such buildings or added improvements are located, and all tangible personal property purchased after such date and associated therewith, used exclusively for the purpose of: (A) Manufacturing articles of commerce; (B) conducting research and development; or (C) storing goods or commodities which are sold or traded in interstate commerce, which is necessary to facilitate the expansion of any such existing business if, as a result of such expansion, new employment is created; or (3) all property actually and regularly used in conjunction with the development, exploration and production of oil and gas. (b) Any ad valorem tax exemption granted pursuant to subsection (a) shall be in effect for not more than 10 calendar years after the calendar year in which the business commences its operations or the calendar year in which expansion of an existing business is completed, as the case requires. (c) The legislature may limit or prohibit the application of this section by enactment uniformly applicable to all cities or counties. (d) The provisions of this section shall not be construed to affect exemptions of property from ad valorem taxation granted by this constitution or by enactment of the legislature, or to affect the authority of the legislature to enact additional exemptions of property from ad valorem taxation found to have a public purpose and promote the general welfare. Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would specifically authorize the exemption from property taxation of certain property used for oil and gas development, exploration and production purposes. ``A vote for this proposition would specifically allow the governing body of a city or county to exempt from property taxation property used in the development, exploration and production of oil and gas. ``A vote against this proposition would continue to allow the exemption from property taxation of property used exclusively for certain economic development purposes by the governing body of a city or county.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as provided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election to be held on November 3, 1998, unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Agriculture: HB 2062. Business, Commerce and Labor: HB 2067, 2069. Environment: HB 2061. Financial Institutions: HB 2070. Governmental Organization and Elections: HB 2063, 2064, 2065, 2066. Insurance: HB 2071, 2075. Judiciary: HB 2068. Transportation: HB 2072, 2073. Utilities: HB 2074. MESSAGE FROM THE SENATE The Senate nonconcurs in House amendments to SCR 1603, requests a conference and has appointed Senators Bond, Emert and Hensley as conferees on the part of the Senate. INTRODUCTION OF ORIGINAL MOTIONS On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SCR 1603. Speaker Shallenburger thereupon appointed Reps. Tanner, Mays and Garner as conferees on the part of the House. REPORT OF STANDING COMMITTEE The Committee on Insurance recommends HB 2045 be passed. REPORT OF STANDING COMMITTEE Committee on Calendar and Printing recommends on Requests for Resolutions and Certificates that Request No. 2, by Representative Gilmore, commending Carrie Weisenborn for courage and bravery for stopping at the scene of an accident; Request No. 3, by Representative Gilmore, congratulating Ralph Stevenson on his 91st birthday; Request No. 4, by Representative Henry, recognizing Amelia Mary Earhart on the 100th anniversary of her birth; Request No. 5, by Representative McKinney, congratulating Georgene Wade for receiving the 1996 Child Abuse Prevention Award from the Governor's Conference on the Prevention of Child Abuse; Request No. 6, by Representative Peggy Long, congratulating Lee and Doris Olson for 46 years of sound business practices and great service to the people of Greenwood County; Request No. 7, by Representative Horst, congratulating William Wesley Hirsch for attaining the rank of Eagle Scout; be approved and the Chief Clerk of the House be directed to order the printing of said certificates and order drafting of said resolutions. On motion of Rep. Jennison, the committee report was adopted. Upon unanimous consent, the House referred back to the regular order of business, Introduction of Bills and Concurrent Resolutions. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2088, An act concerning school districts, area vocational-technical schools and community colleges; relating to negotiations between boards of education and support service employees; amending K.S.A. 75-4322 and repealing the existing section, by Committee on Education. HB 2089, An act concerning community colleges; relating to determination of credit hour state aid and out-district tuition and state aid; amending K.S.A. 71-1702 and K.S.A. 1996 Supp. 71-301 and 71-602 and repealing the existing sections, by Committee on Education. HB 2090, An act concerning school district finance; revising the definition of local effort; affecting the determination of general state aid; authorizing adoption of supplemental general fund budgets; amending K.S.A. 72-6416 and K.S.A. 1996 Supp. 72-6410, 72-6431 and 72-6438 and repealing theexisting sections; also repealing K.S.A. 72-6434 and 72-6435 and K.S.A. 1996 Supp. 72-6431a, 72-6433 and 72-6433a, by Committee on Education. HB 2091, An act concerning the state board of education; relating to the issuance or renewal of certificates of certain persons; authorizing the state board to receive certain information, by Committee on Education. HB 2092, An act concerning schools; relating to the compulsory attendance age of children; amending K.S.A. 72-1111, as amended by section 121 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1995 Supp. 72-1113, as amended by section 122 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing sections; also repealing K.S.A. 72-1111 and K.S.A. 1996 Supp. 72-1113, by Committee on Education. HB 2093, An act regulating traffic; concerning certain safety equipment; amending K.S.A. 8-1598 and K.S.A. 1996 Supp. 8-1344 and repealing the existing sections, by Committee on Transportation. HB 2094, An act relating to the regulation of securities; amending K.S.A. 17-1254, 171255, 17-1262a, 17-1263, 17-1268, 17-1270 and 17-1272 and K.S.A. 1996 Supp. 17-1252, 17-1259 and 17-1262 and repealing the existing sections; also repealing K.S.A. 17-1256 and K.S.A. 1996 Supp. 75-6308, by Committee on Financial Institutions. HB 2095, An act concerning municipal universities; use of proceeds from tax levy; amending K.S.A. 13-13a23 and repealing the existing section, by Representatives Kuether, Bradley, Flora, Kirk, Mays, Nichols and Toelkes. HB 2096, An act concerning professional negotiation between boards of education and professional employees; affecting the definition of terms and conditions of professional service; amending K.S.A. 72-5413 and repealing the existing section, by Committee on Education. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday, January 27, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+