Topeka, KS, Thursday, January 21, 1999, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Sloan was excused on verified illness.
Prayer by Chaplain Svoboda:
God of all power,
help us to remember our own weakness.
God of all knowledge,
help us to remember our own ignorance.
God of all wholeness,
help us to remember that we are still growing.
There are many tough questions,
and no easy answers.
Be with us as we try to uncover the best answers
for this state at this time.
In Your name we pray.
Amen.
The Pledge of Allegiance was led by Rep. Huff, joined by all those members who had
served in the Armed Forces of the United States.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were introduced and read by title:
HB 2067, An act concerning insurance; limitation on payments under certain
circumstances, by Representative Gregory.
HB 2068, An act concerning employment law; amending K.S.A. 1998 Supp. 44-706 and
repealing the existing section, by Representative Gregory.
HB 2069, An act relating to motor vehicle insurance; concerning accident prevention
courses; amending K.S.A. 40-1112a and repealing the existing section, by Committee on
Transportation.
HB 2070, An act concerning the taxation of motor fuels; relating to aviation fuel;
amending K.S.A. 79-3401, 79-3402, 79-3403, 79-3405, 79-3406, 79-3410, 79-3415, 79-3416,
79-3417, 79-3419, 79-3420, 79-3421, 79-3424, 79-3425, 79-3461, 79-3464d, 79-3464e, 79-
34,141 and 79-34,142 and K.S.A. 1998 Supp. 79-3407, 79-3408, 79-3408c and 79-3409 and
repealing the existing sections; also repealing K.S.A. 79-34,143, by Committee on
Transportation.
HB 2071, An act relating to transportation; providing for a comprehensive transportation
program; concerning the financing thereof; amending K.S.A. 12-1,119, 68-2033, 68-2073,
68-2096, 68-2315, 68-2316, 68-2320, 68-2328, 75-5032, 75-5033, 75-5034, 75-5035, 75-
5037, 75-5046, 75-5048, 75-5053, 75-5056, 75-5061, 79-3425, 79-3425c, 79-34,104, 79-
34,126, 79-34,142, 79-34,161 and 79-34,162 and K.S.A. 1998 Supp. 12-187, 68-416, 68-2321
and 79-34,147 and repealing the existing sections; also repealing K.S.A. 66-231a, 66-231b,
68-402e, 68-417, 68-417a, 68-417b, 68-2318, 79-3425d and 79-34,143 and K.S.A. 1998
Supp. 68-2314, by Committee on Transportation.
HB 2072, An act concerning the dietitians licensing act; relating to certain dietetic
services supervisors; amending K.S.A. 1998 Supp. 65-5912 and repealing the existing section,
by Representative Dreher.
HB 2073, An act concerning cities and counties; relating to storm drainage
improvements; amending K.S.A. 12-631r and 12-631s and repealing the existing sections,
by Committee on Local Government.
HB 2074, An act relating to HIV infection; amending K.S.A. 65-6003, 65-6005 and 65-
6007 and K.S.A. 1998 Supp. 65-6001, 65-6002 and 65-6004 and repealing the existing
sections, by Representative Neufeld.
HB 2075, An act concerning the Kansas tort claims act; relating to the definition of an
employee; amending K.S.A. 75-6102 and repealing the existing section, by Committee on
Business, Commerce and Labor.
HB 2076, An act concerning cable television subscriber fees on delinquent balances;
amending K.S.A. 12-2008 and repealing the existing section, by Committee on Federal and
State Affairs.
HB 2077, An act concerning the department of health and environment; creating the
department of health and the department of environment; providing for the powers, duties
and functions thereof, by Committee on Federal and State Affairs.
HB 2078, An act concerning medical care facilities; relating to ambulatory surgical
centers; amending K.S.A. 1998 Supp. 65-425 and repealing the existing section, by
Committee on Federal and State Affairs.
HB 2079, An act concerning agriculture; prohibiting certain processors from owning,
controlling or operating feedlots or from entering into certain production contracts;
prescribing penalties for violations; amending K.S.A. 1998 Supp. 17-5903 and repealing the
existing section, by Representatives Larkin and Faber, McKinney and Mollenkamp.
House Concurrent Resolution No. 5009--
By Representative Larkin
A PROPOSITION to amend article 12 of the constitution of the state of Kansas by adding
a new section thereto, relating to the corporate ownership of agricultural land.
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: Article
12 of the constitution of the state of Kansas is amended by adding a new section thereto to
read as follows:
``§ 7. Prohibition on corporate farming. (a) No corporation or limited
partnership shall acquire, or otherwise obtain an interest, whether legal, beneficial,
or otherwise, in any title to real estate used for farming or ranching in this state, or
engage in farming or ranching.
(b) As used in this amendment:
(1) ``Corporation'' means a domestic or foreign corporation organized for profit
or nonprofit purposes or any partnership of which such corporation is a partner.
(2) ``Farming'' or ``ranching'' means the cultivation of land for the production of
agricultural crops, fruits or other horticultural products, or the ownership, keeping
or feeding of animals for the production of livestock or livestock products.
(3) ``Limited partnership'' means a limited partnership organized under the laws
of any state of the United States or any country, other than limited partnerships in
which the partners are members of a family, or a trust created for the benefit of a
member of that family, related to one another all of whom have a common ancestor
within the fourth degree of relationship, by blood or by adoption, or the spouse or
the stepchildren of any such persons, at least one of whom is a person residing on
or actively engaged in the day to day labor and management of the farm or ranch,
and none of whom are nonresident aliens. This shall not include general partnerships.
(4) ``Family farm'' or ``ranch corporation'' means a corporation engaged in
farming or ranching or the ownership of agricultural land, in which the majority of
the voting stock is held by members of a family, or a trust created for the benefit of
a member of that family, related to one another all of whom have a common ancestor
within the fourth degree of relationship, by blood or by adoption, or the spouses or
the stepchildren of any such persons at least one of whom is a person residing on or
actively engaged in the day to day labor and management of the farm or ranch and
none of whose stockholders are nonresident aliens and none of whose stockholders
are corporations or partnerships, unless all of the stockholders or partners of such
entities are persons related within the fourth degree of relationship, by blood or by
adoption, to the majority of stockholders in the family farm corporation.
(c) The restrictions in subsection (a) shall not apply to:
(1) A family farm or ranch corporation.
(2) Nonprofit corporations.
(3) Kansas native American tribal corporations.
(4) Agricultural land, which, as of the effective date of this amendment, is being
farmed or ranched, or which is owned or leased, or in which there is a legal or
beneficial interest in title directly or indirectly owned, acquired or obtained by a
corporation or limited partnership so long as such land or other interest in title shall
be held in continuous ownership or under continuous lease by the same such
corporation or limited partnership, and including such additional ownership or
leasehold as is reasonably necessary to meet the requirements of pollution control
regulations. For the purposes of this exemption, land purchased on a contract signed
as of the effective date of this amendment, shall be considered as owned on the
effective date of this amendment.
(5) A farm or ranch operated for research or experimental purposes, if any
commercial sales from such farm or ranch are only incidental to the research or
experimental objectives of the corporation or limited partnership.
(6) Agricultural land operated by a corporation for the purpose of raising poultry.
(7) Land leased by alfalfa processors for the production of alfalfa.
(8) Agricultural land operated for the purpose of growing seed, nursery plants
or sod.
(9) Mineral rights on agricultural land.
(10) Agricultural land acquired or leased by a corporation or limited partnership
for immediate or potential use for nonfarming or nonranching purposes. A
corporation or limited partnership may hold such agricultural land in such acreage
as may be necessary to its nonfarm or nonranch business operation, but pending the
development of such agricultural land for nonfarm or nonranch purposes, not to
exceed a period of five years, such land may not be used for farming or ranching
except under lease to a family farm or ranch corporation or a nonlimited partnership
and noncorporate farm or ranch.
(11) Agricultural lands or livestock acquired by a corporation or limited
partnership by process of law in the collection of debts, or by any procedures for the
enforcement of a lien, encumbrance or claim thereon, whether created by mortgage
or otherwise. Any lands so acquired shall be disposed of within a period of five years
and shall not be used for farming or ranching prior to being disposed of, except
under a lease to a family farm or ranch corporation or a nonlimited partnership and
noncorporate farm or ranch.
(12) A bona fide encumbrance taken for purposes of security.
(13) Custom spraying, fertilizing or harvesting.
(14) Livestock futures contracts, livestock purchased for slaughter or livestock
purchased and resold within two weeks.
(d) If a family farm corporation, which has qualified under all the requirements
of a family farm or ranch corporation, ceases to meet the defined criteria, such
corporation shall have 50 years, if the ownership of the majority of the stock of such
corporation continues to be held by persons related to one another all of whom have
a common ancestor within the fourth degree of relationship, by blood or by adoption,
or the spouse or the stepchildren of any such persons, and their landholdings are
not increased, to either requalify as a family farm corporation or dissolve and return
to personal ownership.
(e) The secretary of state shall monitor corporate and limited partnership
agricultural land purchases and corporate and limited partnership farming and
ranching operations, and notify the attorney general of any possible violations. If the
attorney general has reason to believe that a corporation or limited partnership is
violating this amendment, the attorney general shall commence an action in district
court to enjoin any pending illegal land purchase, or livestock operation, or to force
divestiture of land held in violation of this amendment. The court shall order any
land held in violation of this amendment to be divested within two years. If land so
ordered by the court has not been divested within two years, the court shall declare
the land escheated to the state of Kansas.
(f) If the secretary of state or attorney general fails to perform the duties as
directed by this amendment, Kansas citizens and entities shall have standing in
district court to seek enforcement.
(g) The Kansas legislature may enact, by general law, further restrictions
prohibiting certain agricultural operations that the legislature deems contrary to the
intent of this amendment.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The purpose of this amendment is to prohibit corporations
and limited partnerships from acquiring agricultural land or engaging in farming or
ranching.
``A vote for this proposition favors the prohibition on corporations and limited
partnerships from engaging in farming or ranching.
``A vote against this proposition favors leaving the decision of who is permitted to
engage in farming and ranching to the discretion of the legislature.''
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 in the year 19942000 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:
Appropriations: HB 2065.
Business, Commerce and Labor: HB 2049, 2050.
Education: HB 2046, 2060, 2061, 2062.
Insurance: HB 2047, 2052, 2066.
Local Government: HB 2063, 2064.
Taxation: HB 2048, 2051, 2054, 2055, 2059.
Utilities: HB 2053, 2056, 2057, 2058.
MESSAGE FROM THE SENATE
Announcing adoption of HCR 5007.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
House Resolution No. 6006--
By Representative Dreher
A RESOLUTION memorializing Congress to revise certain laws which prohibit a disabled
military veteran from receiving both full retirement pay and disability compensation
benefits.
WHEREAS, Under a federal law that dates back to the 19th century, military veterans
are denied concurrent dual receipt of full retirement pay and disability compensation
benefits; and
WHEREAS, Military veterans are instead allowed only to receive retirement pay or
disability compensation benefits or must waive an amount of retirement pay equal to the
amount of disability compensation benefits; and
WHEREAS, In contrast, federal civilian employees are not subject to such a deduction
of disability compensation benefits; and
WHEREAS, A disabled veteran who has held a nonmilitary federal job for the requisite
durational period required for retirement receives full longevity retirement pay,
undiminished by the subtraction of disability compensation benefits: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we do hereby
memorialize Congress to change those laws which prohibit a disabled military veteran from
receiving both full retirement pay and disability compensation benefits; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to each member of the Kansas congressional
delegation.
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 and concurrent resolution were thereupon introduced and read by
title:
HB 2080, An act concerning the Kansas whistleblower act; amending K.S.A. 1998 Supp.
75-2973 and repealing the existing section, by Representatives Nichols, Gilmore, Howell,
Kirk, Palmer, E.Peterson and Vickrey.
HB 2081, An act concerning crimes and punishment; relating to mistreatment of a
dependent adult; amending K.S.A. 21-3437 and repealing the existing section, by Committee
on Judiciary.
HB 2082, An act concerning crimes, criminal procedure and punishment; relating to
time limitations for prosecution; amending K.S.A. 1998 Supp. 21-3106 and repealing the
existing section, by Committee on Judiciary.
HB 2083, An act concerning courts; relating to collection of debts owed thereto and
restitution ordered thereby; authority of attorney general to contract for collection services;
amending K.S.A. 75-719 and repealing the existing section, by Committee on Judiciary.
HB 2084, An act concerning the uniform commercial code; relating to secured
transactions; sale of accounts and chattels; amending K.S.A. 84-9-102 and repealing the
existing section, by Representative O'Neal.
HB 2085, An act permitting practice of certain naturopaths; repealing K.S.A. 65-2872a,
by Committee on Governmental Organization and Elections.
HB 2086, An act concerning cosmetologists; relating to qualifications for licensure by
examination; amending K.S.A. 1998 Supp. 65-1905 and repealing the existing section, by
Committee on Governmental Organization and Elections.
HB 2087, An act concerning campaign finance; relating to certain reports; amending
K.S.A. 1998 Supp. 25-4148 and repealing the existing section, by Committee on
Governmental Organization and Elections.
HB 2088, An act concerning sickness and accident insurance covering groups of persons;
relating to conversion of such policies; amending K.S.A. 1998 Supp. 40-2209 and repealing
the existing section, by Committee on Insurance.
HB 2089, An act concerning insurance; relating to discriminatory practices; amending
K.S.A. 40-4103 and K.S.A. 1998 Supp. 40-2404 and repealing the existing sections, by
Committee on Insurance.
HB 2090, An act concerning accident and health insurance; relating to small employer
health benefit plans; amending K.S.A. 40-2239, 40-2240, 40-2242 and 40-2246 and K.S.A.
1998 Supp. 40-2241 and repealing the existing sections; also repealing K.S.A. 40-2244 and
40-2245, by Committee on Insurance.
HB 2091, An act concerning motor vehicle insurance; relating to failure to maintain
financial security; amending K.S.A. 40-3107 and K.S.A. 1998 Supp. 40-3104 and 40-3118
and repealing the existing sections, by Committee on Insurance.
House Concurrent Resolution No. 5010--
By Committee on Education
A CONCURRENT RESOLUTION requesting the State Board of Education to conduct
a state-wide study of blind pupils to assess the literacy skills and reading speed levels of
such pupils and to implement a plan to remedy any deficits or declinations therein.
WHEREAS, Literacy skills continue to increase in importance and relevance to
employment security and to self sufficiency of Kansas citizens and are particularly important
in insuring that the coming generations of Kansans who are blind or legally blind will be
able to maintain employment and self-sufficiency; and
WHEREAS, Over the past decade, increased emphasis on mainstreaming and total
inclusion has changed the manner and settings in which many legally and totally blind Kansas
students are educated; the recently adopted reauthorization of the federal Individuals with
Disabilities Education Act (IDEA) places an expanded emphasis on the importance of
Braille and literacy training for persons who are blind; and
WHEREAS, Data available in Kansas tracking the literacy levels of blind students suggest
that such literacy levels may be declining, but the data have not to date been collected across
sufficient samples of students or through use of statistically valid procedures; advances in
assistive technology allowing computer text to be easily, promptly, and efficiently translated
into Braille, or into paperless Braille displayed on a tactile computer display, makes Braille
a more practical form of literacy for persons who are blind than ever before; and
WHEREAS, It is essential for Kansas educators to be aware of any deficits or declining
trends in literacy or Braille literacy of blind Kansas students in order that appropriate
corrective actions can be planned and taken, but no systematic enforcement of the Kansas
Braille Law has been implemented by the State Board of Education: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature, in recognition of the facts contained in the preamble of this
resolution, hereby requests the State Board of Education to conduct, or cause to be
conducted, a state-wide study to assess the literacy and reading speed of blind pupils and
legally blind pupils on a grade level basis; such study should include an assessment for each
pupil as to whether the most effective and appropriate communications media, such as
Braille or large print, are being used; while any emotional, learning, mental, or physical
disabilities experienced by blind or legally blind students should be noted, it is the intent of
this resolution that such multiply disabled blind students be included in the study herein
requested; and
Be it further resolved: That by no later than January 31, 2000, the State Board of
Education, having evaluated data from the study requested in the foregoing resolving clause,
is urged to issue a plan with specific dated milestones for purposes of correcting any deficits
or declinations in literacy or reading speed levels identified among blind Kansas students
as compared with their grade level sighted peers; and
Be it further resolved: That the Secretary of State is hereby directed to transmit enrolled
copies of this resolution to the State Board of Education and to the Commissioner of
Education, 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182.
REPORT ON ENGROSSED BILLS HB 2027 reported correctly engrossed January 21, 1999.
REPORT ON ENGROSSED RESOLUTIONS HR 6005 reported correctly engrossed January 21, 1999.
On motion of Rep. Glasscock, the House adjourned pro forma until 11:00 a.m., Friday,
January 22, 1999.