The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 122 members present.
Rep. Geringer was excused on verified illness.
Reps. Dean and Phill Kline were excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Gracious God,
You are beyond our comprehension,
and also deep within our souls.
As we finish up the work of this week
here at the statehouse
and look forward to our work this weekend,
Help us to take a moment
to connect the God within us
to the God outside us.
As we feel the wind on our skin,
remind us that you always surround us.
As we hear the roar of the traffic,
remind us that you are always calling us.
And as we return to our families,
remind us that your arms are always outstretched
to welcome us home.
In your name we pray.
Amen.
The Pledge of Allegiance was led by Rep. Mason.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2489, An act concerning the secretary of administration; relating to reimbursement
rates for mileage and travel subsistence; amending K.S.A. 75-3203, 75-3203a, 75-3207 and
75-3207a and repealing the existing sections, by Joint Committee on Administrative Rules
and Regulations.
HB 2490, An act relating to recreational trails; concerning certain duties of responsible
parties; providing penalties for certain violations; amending K.S.A. 1998 Supp. 58-3212 and
58-3213 and repealing the existing sections, by Committee on Environment.
HB 2491, An act concerning postsecondary education; establishing the Kansas
highereducation coordinating council and the state board of trustees of community colleges
and vocational/technical education; prescribing powers, duties and functions, by Committee
on Education.
HB 2492, An act concerning wildlife; relating to lifetime furharvester license; amending
K.S.A. 32-911 and K.S.A. 1998 Supp. 32-930, 32-980, 32-988 and 32-992 and repealing the
existing sections, by Committee on Agriculture.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HB 2485, 2486.
Appropriations: HCR 5025.
Education: HB 2479, 2487.
Environment: HB 2480, 2484.
Governmental Organization and Elections: HCR 5026, 5027.
Health and Human Services: HCR 5024.
Judiciary: HB 2483, 2488.
Utilities: HB 2482.
Kansas 2000 Select: HB 2481.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2446 from Committee on
Judiciary and referral to Committee on Business, Commerce and Labor.
Also, the withdrawal of HB 2185 from Committee on Judiciary and referral to Kansas
2000 Select Committee.
Also, the withdrawal of HB 2337 from Committee on Appropriations and referral to
Committee on Local Government.
MESSAGES FROM THE GOVERNOR HB 2001 approved on February 11, 1999.
MESSAGE FROM THE SENATE
Announcing passage of SB 15, 38, 62, 68, 70, 74, 90, 107, 115, 135.
Also, announcing adoption of SCR 1609.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolution were thereupon introduced and read
by title:
COMMUNICATIONS FROM STATE OFFICERS
From Larry Welch, Director, Kansas Bureau of Investigation Budget Appeal, Fiscal Years
1999-2000.
From Eric King, Director of Facilities, Kansas Board of Regents, Inventory of Physical
Facilities and Space Utilization, Fall 1998.
From Barbara S. Tombs, Executive Director, Kansas Criminal Justice Coordinating
Council, Kansas Drug and Violent Crime Control Strategy, 2000.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6010--
By Representative Schwartz
A RESOLUTION congratulating and commending Major General James F. Rueger.
WHEREAS, Major General James F. Rueger, who served as the Adjutant General of
the State of Kansas until February 10, is retiring March 1; and
WHEREAS, As Adjutant General, General Rueger headed the Kansas Army and Air
National Guard and the Division of Emergency Management. General Rueger has served
in the National Guard for 42 years, and his over eight years' service as Adjutant General is
exceeded by only two other Adjutant Generals. He has the distinction of being the Adjutant
General under three governors, Mike Hayden, Joan Finney and Bill Graves; and
WHEREAS, General Rueger was elected in December as chairman of the Army Reserve
Forces Policy Committee, made up of five generals each from the National Guard, Army
Reserve and active Army. He also is a member of the Total Army Analysis Study Group
within the policy committee; and
WHEREAS, General Rueger plans to live with his wife, Kathie, at their Beattie farm
home. Currently Mrs. Rueger teaches music in the Beattie schools. The Ruegers have two
children, John, of Olathe, a captain in the 2nd/130th Field Artillery Battalion, and Jennifer
Downard, of Topeka, and one grandchild: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we
congratulate and commend Major General James F. Rueger upon his retirement as the
Adjutant General for the State of Kansas and upon completion of 42 years service to the
National Guard; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to Major General James F. Rueger, 2800 SW
Topeka Boulevard, Topeka, Kansas 66611-1287.
CONSENT CALENDAR
Objection was made to HB 2141 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to HB 2075, 2296; SCR 1602, 1605 appearing on the Consent
Calendar for the first day.
No objection was made to HB 2104, 2184, 2221 appearing on the Consent Calendar
for the second day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2012, An act concerning the state fire marshal; relating to the powers and duties
thereof; amending K.S.A. 31-133 and repealing the existing section, was considered on final
action.
On roll call, the vote was: Yeas 107; Nays 15; Present but not voting: 0; Absent or not
voting: 3.
Nays: Ballou, Burroughs, Crow, Gatewood, Grant, Phil Kline, McClure, McKechnie,
Nichols, E. Peterson, Rehorn, Sharp, Shriver, Tomlinson, Weber.
Present but not voting: None.
Absent or not voting: Dean, Geringer, Phill Kline.
The bill passed, as amended.
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, was
considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
Absent or not voting: Dean, Geringer, Phill Kline.
The bill passed.
HB 2094, An act relating to motor vehicles; concerning certain fees for license plates for
United States military veterans; amending K.S.A. 1998 Supp. 8-1,141 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
Absent or not voting: Dean, Geringer, Phill Kline.
The bill passed.
HCR 5002, 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:
``§ 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 7, 2000, 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, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 4; Present but not voting: 0; Absent or not
voting: 3.
Absent or not voting: Dean, Geringer, Phill Kline.
The resolution was adopted, as amended.
REPORTS OF STANDING COMMITTEES
The Comomittee on Business, Commerce and Labor recommends HB 2049, 2050
be passed and, because the committee is of the opinion htat the bills are of a noncontroversial
nature, be placed on the consent calendar.
The Committee on Local Government recommends HB 2073 be amended on page 1,
following line 30, by inserting the following:
``(b) Whenever the governing body of any city determines it is necessary to construct
storm sewers, retention basins, channels or drains for the purpose of managing the storm
drainage areas of all or any portion of which are located within another city, the governing
body may authorize construction of such storm sewers, retention basins, channels or drains.
Such construction shall be authorized by ordinance. Such ordinance shall designate where
such storm sewers, retention basins, channels or drains shall be located. Construction of
improvements located within the corporate limits of another city shall not commence unless
such construction is approved by a resolution adopted by the governing body of the city in
which such improvements are to be located.'';
Also on page 1, in line 31, by striking ``(b)'' and inserting ``(c)''; also in line 31, by striking
``de-''; in line 32, by striking ``termine'' and inserting ``determines''; in line 39, following ``by''
by inserting ``a'';
On page 2, in line 2, following ``county'' by inserting ``constructing such improvements'';
and the bill be passed as amended.
The Committee on Rules and Journal recommends HR 6009 be amended on page 1,
in line 16, by striking all before ``any'' and inserting ``Whenever''; in line 18, before the
period, by inserting: ``except that if the complaint is filed against the Speaker, the Speaker
Pro Tem shall appoint the select committee of six members''; also in line 18, by striking
``Whenever a''; by striking all in lines 19 through 25; in line 26, by striking all before ``A'';
in line 27, by striking ``As''; by striking all in lines 28, 29 and 30; and the resolution be
adopted as amended.
The Committee on Utilities recommends HB 2076 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL NO. 2076,'' as follows:
``Substitute for HOUSE BILL NO. 2076
By Committee on Utilities
``AN ACT concerning cable television subscriber fees on delinquent balances; amending
K.S.A. 12-2008 and repealing the existing section.'';
and the substitute bill be passed.
(Sub. HB 2076 was thereupon introduced and read by title.)
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 77, by Representative Gilmore, congratulating Mandy Waters on induction
into the Blue Valley High School Hall of Fame;
Request No. 78, by Representative McClure, congratulating Angela Gashaw, first
Osborne Girl Scout to receive the Gold Award, the highest honor given in Girl Scouting;
Request No. 79, by Representative Mason, congratulating Jason Yearout, for academic
honors and membership in the Washburn University President's Honors Program;
Request No. 80, by Representative Loyd, commending Willard and Cynthia Hinkle on
45 years of marriage;
Request No. 81, by Representative Loyd, congratulating Dennis Perryman for induction
into the National Junior College Basketball Hall of Fame;
Request No. 82, by Representative Powers, commending Phillip Tomlinson on building
the 1999 Model Car of the Year;
Request No. 83, by Representative Schwartz, congratulating Mr. and Mrs. Kelly Lupher
on 60 years of marriage;
Request No. 84, by Representative Schwartz, congratulating Norman Stewart and family,
1998 Bankers Award for outstanding soil conservation practices;
Request No. 85, by Representative Schwartz, congratulating Jim and Mary Hartman,
1997 Bankers Award for outstanding soil conservation practices;
Request No. 86, by Representative Schwartz, congratulating Harold and Winifred
Nutsch, 1998 Goodyear Award Winners;
Request No. 87, by Representative Schwartz, congratulating Ed and Betty Nutsch, 1998
Goodyear Award Winners;
Request No. 88, by Representative Freeborn, congratulating Tom Lynch for 31 years
of service to Glasco schools as a teacher and coach, and for the gymnasium being named in
his honor;
Request No. 89, by Representative Loyd, congratulating Mary Guy, 1998 Award of Merit
from Garden City Area Chamber of Commerce;
Request No. 90, by Representatives Allen, Lane and Storm, honoring Lindsay White
for receiving a 1999 Prudential Spirit of Community Award;
Request No. 91, by Representative Benlon, honoring Adam Benlon who received one
of the top student volunteer Prudential Spirit of Community Awards;
Request No. 92, by Representative Benlon, congratulating Brian Pack who received a
Garvey Competitive Scholarship Award;
Request No. 93, by Representative Bethell, congratulating Aisha Jahay, selected to
receive a Garvey Scholarship;
Request No. 94, by Representative Bethell, commending April Bertram, for membership
in Washburn University's President's Honor Roll;
Request No. 95, by Representative Phelps, congratulating Ross Beach for induction into
the Kansas Business Hall of Fame for 1999;
Request No. 96, by Representative Weber, congratulating Andrea Albrecht for
receivingthe 1998 Young Citizen of the Year Award from the Herington/Tri-County Area
Chamber of Commerce;
Request No. 97, by Representative Weber, congratulating Ray Perez for receiving the
1998 Senior Citizen of the Year Award from the Herington/Tri-County Area Chamber of
Commerce;
Request No. 98, by Representative Weber, congratulating Vance Donahue for receiving
the 1998 Citizen of the Year Award from the Herington/Tri-County Area Chamber of
Commerce;
Request No. 99, by Representative Freeborn, congratulating Martha Walters in
recognition of her forty years working as a Certified Medication Aide at Estelle's Nursing
Home;
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. Glasscock, 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 thereupon introduced and read by title:
HB 2493, An act concerning the workers compensation act, limiting the immunity of
employers and other employees for intentional injuries and injuries caused by gross
negligence or criminal conduct; amending K.S.A. 1998 Supp. 44-501 and repealing the
existing section, by Committee on Business, Commerce and Labor.
HB 2494, An act concerning the employment security law; relating to the rate of
contributions thereunder; amending K.S.A. 1998 Supp. 44-710a and repealing the existing
section, by Committee on Business, Commerce and Labor.
HB 2495, An act concerning competition in retail electric service; amending K.S.A. 1998
Supp. 66-1901, 66-1902 and 66-1903 and repealing the existing sections, by Committee on
Utilities.
HB 2496, An act concerning telecommunications; relating to enhanced universal service;
amending K.S.A. 1998 Supp. 66-1,187 and repealing the existing section, by Committee on
Utilities.
HB 2497, An act creating the Kansas energy commission; prescribing the powers and
duties thereof, by Committee on Utilities.
HB 2498, An act relating to sales taxation; exempting sales of certain admissions
therefrom; amending K.S.A. 1998 Supp. 79-3603 and repealing the existing section, by
Committee on Taxation.
HB 2499, An act concerning district court judges and district magistrate judges; relating
to the election thereof; amending K.S.A. 25-202, 25-206, 25-212 and 25-3901 and K.S.A.
1998 Supp. 25-205 and 25-213 and repealing the existing sections, by Committee on
Judiciary.
HB 2500, An act concerning crimes, punishment and criminal procedure; relating to the
Kansas offender registration act; prescribing certain offender registration requirements;
penalties(Rx)lating to collection of specimens; amending K.S.A. 22-4903 and K.S.A. 1998
Supp. 21-2511, 22-4902, 22-4904, 22-4905, 22-4906 and 22-4908 and repealing the existing
sections, by Committee on Judiciary.
HB 2501, An act enacting the uniform principal and income act (1997); repealing K.S.A.
58-901, 58-902, 58-903, 58-904, 58-904a, 58-905, 58-906, 58-907, 58-909, 58-909a, 58-910,
58-911, 58-912, 58-914, 58-915, 58-916 and 58-917, by Committee on Judiciary.
HB 2502, An act enacting the student right to learn act, by Committee on Education.
HB 2503, An act concerning insurance; relating to insurance fraud; amending K.S.A.
1998 Supp. 40-2,118 and repealing the existing section, by Committee on Insurance.
REPORT ON ENGROSSED BILLS HB 2012 reported correctly engrossed February 11, 1999.
REPORT ON ENGROSSED RESOLUTIONS HCR 5002 reported correctly engrossed February 11, 1999.
READING AND CORRECTION OF THE JOURNAL
In the Journal, on page 178, under Committee Assignments, the following should be
added to the list of committee members of the SRS Transition Oversight Committee: Reps.
Bethell and Geringer.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, February
15, 1999.