The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Reps. Campbell and Franklin were excused on excused absence by the Speaker.
Present later: Reps Campbell and Franklin.
Prayer by guest chaplain, the Rev. Christopher M. Thomforde, President, Bethany
College, Lindsborg, and guest of Rep. Shultz:
Gracious Savior,
We give you thanks for the gift of this day's life.
We give you thanks for your calling upon our lives to serve the common
good of our state.
We give you thanks for the men and women in this hall with whom we
work.
Help us to pay close attention to each other, to listen carefully.
Help us to respect each other, even those whose positions clash with
ours.
In the midst of the many issues which press in upon us at the moment,
grant us the gift of perspective so that we might see our community as you
see it. Grant us the courage to use our political skills to shape the life of our
state according to this vision.
Finally, we give you thanks for the colleges and universities of our State.
We pray that they will be communities of learning wherein students awaken
to their God-given potential and are trained to be servant leaders.
Amen.
The Pledge of Allegiance was led by Rep. Aurand.
PRESENTATION OF PETITIONS
The following petition was presented and filed:
HP 2004, by Rep. Boston, a petition encouraging voting against bills advocating concealed
weapons, signed by Norma Johnson and seven others from the Bethel College Mennonite
Church.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: SB 292. Appropriations: SB 170.
Business, Commerce and Labor: Sub. SB 270.
Federal and State Affairs: HB 2535, 2536, 2537.
Governmental Organization and Elections: HB 2534; SB 7, 245.
Health and Human Services: HB 2538; SB 110, 126, 190.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolution were thereupon introduced and read
by title:
CONSENT CALENDAR
Objection was made to HB 2486 appearing on the Consent Calendar; the bill placed on
the calendar under the heading of General Orders.
No objection was made to HB 2230 appearing on the Consent Calendar for the second
day.
No objection was made to HB 2362; HCR 5010; SB 122 appearing on the Consent
Calendar for the third day. The bills and resolution were advanced to Final Action on Bills
and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2362, An act enacting the newborn infant hearing screening act; repealing K.S.A.
65-1,149, 65-1,150, 65-1,152, 65-1,153, 65-1,154, 65-1,155, 65-1,156 and 65-1,157 and
K.S.A. 1998 Supp. 65-1,151, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
HCR 5010, 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, was
considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
SB 122, An act concerning securities; relating to the regulation of investment advisors;
amending K.S.A. 1998 Supp. 17-1253 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 1; Absent or not
voting: 2.
INTRODUCTION OF ORIGINAL MOTIONS
On emergency motion of Rep. Glasscock, pursuant to House Rule 2311, HB 2259, 2339, 2492; SCR 1601; HB 2479, 2429, 2227, 2357, 2289, 2310, 2380 were advanced to Final
Action on Bills and Concurrent Resolutions, subject to amendment, debate and roll call.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
On motion of Rep. Carmody HB 2259 was amended on page 7, by inserting before line
4, the following:
``(12) The owner of any vehicle assigning a certificate of title in accordance with the
provisions of this section may file with the division a form indicating that such owner has
assigned such certificate of title. Such forms shall be furnished by the division and shall
contain such information as the division may require. The filing of such form shall be prima
facie evidence that such certificate of title was assigned and shall create a rebuttable
presumption. If the assignee of a certificate of title fails to make application for registration,
an owner assigning such title and filing the form provided by this paragraph shall not be
held liable for damages resulting from the operation of such vehicle.'';
Call of the House was demanded.
HB 2259, An act relating to motor vehicles; concerning the filing of notice of security
interest; amending K.S.A. 1998 Supp. 8-135 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.
On motion of Rep. Larkin to amend HB 2339, Rep. Johnson requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back to the motion of Rep. Larkin to amend on page 2, by
striking all in lines 22 through 26 and inserting:
``Sec. 2. K.S.A. 1998 Supp. 19-101a is hereby amended to read as follows: 19-101a. (a)
The board of county commissioners may transact all county business and perform all powers
of local legislation and administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which apply uniformly to all
counties.
(2) Counties may not consolidate or alter county boundaries.
(3) Counties may not affect the courts located therein.
(4) Counties shall be subject to acts of the legislature prescribing limits of indebtedness.
(5) In the exercise of powers of local legislation and administration authorized under
provisions of this section, the home rule power conferred on cities to determine their local
affairs and government shall not be superseded or impaired without the consent of the
governing body of each city within a county which may be affected.
(6) Counties may not legislate on social welfare administered under state law enacted
pursuant to or in conformity with public law No. 271--74th congress, or amendments
thereof.
(7) Counties shall be subject to all acts of the legislature concerning elections, election
commissioners and officers and their duties as such officers and the election of county
officers.
(8) Counties shall be subject to the limitations and prohibitions imposed under K.S.A.
12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy
of retailers' sales taxes by counties.
(9) Counties may not exempt from or effect changes in statutes made nonuniform in
application solely by reason of authorizing exceptions for counties having adopted a charter
for county government.
(10) No county may levy ad valorem taxes under the authority of this section upon real
property located within any redevelopment area established under the authority of K.S.A.
12-1772, and amendments thereto, unless the resolution authorizing the same specifically
authorized a portion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments
thereto.
(11) Counties shall have no power under this section to exempt from any statute
authorizing or requiring the levy of taxes and providing substitute and additional provisions
on the same subject, unless the resolution authorizing the same specifically provides for a
portion of the proceeds of such levy to be used to pay a portion of the principal and interest
on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.
(12) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4601 to 19-4625, inclusive, and amendments thereto.
(13) Except as otherwise specifically authorized by K.S.A. 12-1,101 to 12-1,109,
inclusive, and amendments thereto, counties may not levy and collect taxes on incomes from
whatever source derived.
(14) Counties may not exempt from or effect changes in K.S.A. 19-430, and
amendments thereto. Any charter resolution adopted by a county prior to July 1, 1983,
exempting from or effecting changes in K.S.A. 19-430, and amendments thereto, is null and
void.
(15) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-
503, 19-805 or 19-1202, and amendments thereto.
(16) Counties may not exempt from or effect changes in K.S.A. 13-13a26, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 13-13a26, and amendments
thereto, is null and void.
(17) Counties may not exempt from or effect changes in K.S.A. 71-301, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 71-301, and amendments thereto,
is null and void.
(18) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140
and 19-15,141, and amendments thereto. Any charter resolution adopted by a county prior
to the effective date of this act, exempting from or effecting changes in such sections is null
and void.
(19) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-
1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or
the provisions of K.S.A. 1998 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto,
and 12-1276, and amendments thereto.
(20) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
211, and amendments thereto.
(21) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4001 to 19-4015, inclusive, and amendments thereto.
(22) Counties may not regulate the production or drilling of any oil or gas well in any
manner which would result in the duplication of regulation by the state corporation
commission and the Kansas department of health and environment pursuant to chapter 55
and chapter 65 of the Kansas Statutes Annotated and any rules and regulations adopted
pursuant thereto. Counties may not require any license or permit for the drilling or
production of oil and gas wells. Counties may not impose any fee or charge for the drilling
or production of any oil or gas well.
(23) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and
amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 79-1611, and
amendments thereto.
(25) Counties may not exempt from or effect changes in K.S.A. 79-1494, and
amendments thereto.
(26) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
202, and amendments thereto.
(27) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
204, and amendments thereto.
(28) Counties may not levy or impose an excise, severance or any other tax in the nature
of an excise tax upon the physical severance and production of any mineral or other material
from the earth or water. Any resolution adopted by any county prior to the effective date
of this act imposing or levying any such tax is null and void.
(29) Counties may not exempt from or effect changes in K.S.A. 79-2017 or 79-2101,
and amendments thereto. Any charter resolution adopted prior to the effective date of this
act, which affected the provisions of K.S.A. 79-2017 or 79-2101, and amendments thereto,
is hereby declared to be null and void.
(30) Counties may not exempt from or effect changes in K.S.A. 2-3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or K.S.A. 1998 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and amendments thereto, except that a county may adopt standards more stringent than those provided by or pursuant to K.S.A. 2-3302, 2-3305, 2-3307, 47-1219 or 65-171d or K.S.A. 1998 Supp. 2-3318 or 65-1,178 through 65-1,199, and amendments thereto.
(b) Counties shall apply the powers of local legislation granted in subsection (a) by
resolution of the board of county commissioners. If no statutory authority exists for such
local legislation other than that set forth in subsection (a) and the local legislation proposed
under the authority of such subsection is not contrary to any act of the legislature, such
local legislation shall become effective upon passage of a resolution of the board and
publication in the official county newspaper. If the legislation proposed by the board under
authority of subsection (a) is contrary to an act of the legislature which is applicable to the
particular county but not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and
amendments thereto.
Sec. 3. K.S.A. 12-744 and K.S.A. 1998 Supp. 19-101a and 19-101i are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its publication in the
Kansas register.'';
In the title, by striking all in lines 9 and 10 and inserting: ``AN ACT concerning cities and
counties; relating to the powers and duties thereof; amending K.S.A. 12-744 and K.S.A.
1998 Supp. 19-101a and repealing the existing sections; also repealing K.S.A. 1998 Supp.
19-101i.'';
Roll call was demanded.
On roll call, the vote was: Yeas 64; Nays 54; Present but not voting: 1; Absent or not
voting: 6.
Absent or not voting: Barnes, Campbell, McKechnie, Morrison, Spangler, Weber.
The motion of Rep. Larkin prevailed.
Also, on motion of Rep. Sloan HB 2339 was amended on page 2, following line 23 by
inserting:
``New Sec. 2. (a) As an alternative to the procedure contained in K.S.A. 82a-630, and
amendments thereto, the owners of land located in a rural water district who desire for their
land to be released from such district and attached to a different district may proceed in
accordance with this section. A petition to release such land shall be filed with the board of
directors of the district in which such land is located. The petition shall:
(1) Describe the land sought to be released;
(2) state the name and number of the rural water district to which the owners seek to
have such land attached; and
(3) state that such release is sought conditioned upon the attachment thereof by such
other rural water district.
Such petition shall be signed by at least 75% of the owners of the land affected. The
ownership shall be determined by an enumeration of landowners taken from the tax rolls
of the county in which the land is located.
Within 30 days of receipt of such petition the board of directors of the district shall call
and hold a hearing on the advisability of granting such petition. The board shall give notice
of such hearing in the same manner provided by K.S.A. 82a-640, and amendments thereto.
On the date of such hearing, the board shall approve or disapprove such release based on
its determination of the best interests of the district and the petitioning landowners.
(b) Following approval of such petition for release, a petition for attachment of such
lands shall be filed with the board of directors of the district to which such land is sought
to be attached. The petition shall:
(1) Describe the land sought to be attached;
(2) request that the owners thereof seek to have such land attached to the district; and
(3) have attached to it a copy of the approval of release of such land by the board of
directors of the district in which such land was conditionally released. Such petition shall
be signed by at least 75% of the owners of the land affected. Ownership shall be determined
by an enumeration of landowners taken from the tax rolls of the county in which the land
is located.
Within 30 days of receipt of such petition the board of directors of the district shall call
and hold a hearing on the advisability of granting such petition. Notice of such hearing shall
be provided in the manner provided by K.S.A. 82a-640, and amendments thereto, by the
board of directors. On the date of such hearing, the board shall approve or disapprove such
attachment based on its determination of the best interests of the district and the petitioning
landowners. If the board does not approve of such attachment, it shall notify the district
from which release had been sought, which district shall then declare such release to be
void.
(c) If the district to which release is sought approves of the release of such lands and
the district to which attachment is sought approves of attachment of such lands, copies of
the approval of such action by the boards of directors of each district shall be transmitted
to the chief engineer. Copies also shall be filed with the county clerk, who shall note the
change of such district's boundaries.
(d) Nothing in this section shall be construed as limiting landowners from using the
procedures for attachment or release of property otherwise provided in K.S.A. 82a-622 et seq., and amendments thereto.'';
By renumbering sections accordingly;
In the title, in line 9, by striking all after ``concerning'' and inserting ``certain
municipalities; relating to the powers and duties thereof;'';
Also, on further motion of Rep. Sloan HB 2339 was amended on page 2, by striking all
in lines 24, 25 and 26 and inserting:
``Sec. 2. (a) The township board of Lecompton township located in Douglas county, by
resolution, may request the board of county commissioners of Douglas county to acquire
land by purchase or eminent domain for such township. The resolution shall describe the
land which the township desires to be acquired and the purpose for which it is to be acquired.
Such land shall be located in the township.
The board of county commissioners shall call and hold a hearing on such resolution.
Notice of the hearing shall be published at least once each week for two consecutive weeks
in a newspaper of general circulation in the township. At such hearing, any person who
desires to appear and speak shall be given the opportunity to be heard.
(b) Following such hearing, the board of county commissioners may adopt a resolution
of intent to acquire the land, or any portion of such land, described in the petition submitted
by the township board. If the board of county commissioners determines that land other
than that described in the petition is more suitable for the township purposes, the board
may adopt a resolution of intent to acquire such other land for the township.
Any resolution adopted pursuant to this subsection shall be published at least once each
week for two consecutive weeks in a newspaper of general circulation in the township. If
within 30 days following the date of last publication, a petition signed by at least 5% of the
qualified electors of the township is filed with the county election officer, no land shall be
acquired pursuant to this section unless the question is submitted to and approved by a
majority of the qualified electors of the township voting at an election thereon. Such election
shall be called and held in the manner provided by the general bond law.
(c) If a sufficient petition is not filed or if the question has been submitted and approved
at an election as provided by subsection (b), the board of county commissioners shall acquire,
by purchase or eminent domain, the land described in the resolution of intent. Upon
acquisition of such land, the board of county commissioners shall convey title thereto to the
township. The township shall reimburse the county for all expenses incurred by the county
relating to the acquisition of such land, including notice and election expenses.
(d) No more than three acres of land may be acquired pursuant to this section. Any
land acquired pursuant to this section shall be acquired as a site for the construction of
township buildings. Except as authorized by subsection (e), such land and buildings shall
be used for township purposes.
(e) The township board may construct, purchase or lease buildings for township
purposes. The board may join with any corporation, association, society or lodge in the
construction or purchase and use of buildings or land acquired pursuant to this section,
upon such terms and conditions as may be agreed upon by such township and corporation,
association, society or lodge.
(f) The township board may issue general obligation bonds of the township to finance
the costs of the acquisition of land and the construction and acquisition of township
buildings. No such bonds shall be issued unless such issuance is submitted to and approved
by a majority of the qualified electors of the township voting at an election called and held
on such issuance. Such election shall be called and held in the manner provided by the
general bond law. The question of issuance of bonds may be submitted at any election held
pursuant to subsection (b).
Sec. 3. K.S.A. 1998 Supp. 19-101a is hereby amended to read as follows: 19-101a. (a)
The board of county commissioners may transact all county business and perform all powers
of local legislation and administration it deems appropriate, subject only to the following
limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which apply uniformly to all
counties.
(2) Counties may not consolidate or alter county boundaries.
(3) Counties may not affect the courts located therein.
(4) Counties shall be subject to acts of the legislature prescribing limits of indebtedness.
(5) In the exercise of powers of local legislation and administration authorized under
provisions of this section, the home rule power conferred on cities to determine their local
affairs and government shall not be superseded or impaired without the consent of the
governing body of each city within a county which may be affected.
(6) Counties may not legislate on social welfare administered under state law enacted
pursuant to or in conformity with public law No. 271--74th congress, or amendments
thereof.
(7) Counties shall be subject to all acts of the legislature concerning elections, election
commissioners and officers and their duties as such officers and the election of county
officers.
(8) Counties shall be subject to the limitations and prohibitions imposed under K.S.A.
12-187 to 12-195, inclusive, and amendments thereto, prescribing limitations upon the levy
of retailers' sales taxes by counties.
(9) Counties may not exempt from or effect changes in statutes made nonuniform in
application solely by reason of authorizing exceptions for counties having adopted a charter
for county government.
(10) No county may levy ad valorem taxes under the authority of this section upon real
property located within any redevelopment area established under the authority of K.S.A.
12-1772, and amendments thereto, unless the resolution authorizing the same specifically
authorized a portion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-1774, and amendments
thereto.
(11) Counties shall have no power under this section to exempt from any statute
authorizing or requiring the levy of taxes and providing substitute and additional provisions
on the same subject, unless the resolution authorizing the same specifically provides for a
portion of the proceeds of such levy to be used to pay a portion of the principal and interest
on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.
(12) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4601 to 19-4625, inclusive, and amendments thereto.
(13) Except as otherwise specifically authorized by K.S.A. 12-1,101 to 12-1,109,
inclusive, and amendments thereto, counties may not levy and collect taxes on incomes from
whatever source derived.
(14) Counties may not exempt from or effect changes in K.S.A. 19-430, and
amendments thereto. Any charter resolution adopted by a county prior to July 1, 1983,
exempting from or effecting changes in K.S.A. 19-430, and amendments thereto, is null and
void.
(15) Counties may not exempt from or effect changes in K.S.A. 19-302, 19-502b, 19-
503, 19-805 or 19-1202, and amendments thereto.
(16) Counties may not exempt from or effect changes in K.S.A. 13-13a26, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 13-13a26, and amendments
thereto, is null and void.
(17) Counties may not exempt from or effect changes in K.S.A. 71-301, and
amendments thereto. Any charter resolution adopted by a county, prior to the effective date
of this act, exempting from or effecting changes in K.S.A. 71-301, and amendments thereto,
is null and void.
(18) Counties may not exempt from or effect changes in K.S.A. 19-15,139, 19-15,140
and 19-15,141, and amendments thereto. Any charter resolution adopted by a county prior
to the effective date of this act, exempting from or effecting changes in such sections is null
and void.
(19) Counties may not exempt from or effect changes in the provisions of K.S.A. 12-
1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-1226, and amendments thereto, or
the provisions of K.S.A. 1998 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto,
and 12-1276, and amendments thereto.
(20) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
211, and amendments thereto.
(21) Counties may not exempt from or effect changes in the provisions of K.S.A. 19-
4001 to 19-4015, inclusive, and amendments thereto.
(22) Counties may not regulate the production or drilling of any oil or gas well in any
manner which would result in the duplication of regulation by the state corporation
commission and the Kansas department of health and environment pursuant to chapter 55
and chapter 65 of the Kansas Statutes Annotated and any rules and regulations adopted
pursuant thereto. Counties may not require any license or permit for the drilling or
production of oil and gas wells. Counties may not impose any fee or charge for the drilling
or production of any oil or gas well.
(23) Counties may not exempt from or effect changes in K.S.A. 79-41a04, and
amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 79-1611, and
amendments thereto.
(25) Counties may not exempt from or effect changes in K.S.A. 79-1494, and
amendments thereto.
(26) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
202, and amendments thereto.
(27) Counties may not exempt from or effect changes in subsection (b) of K.S.A. 19-
204, and amendments thereto.
(28) Counties may not levy or impose an excise, severance or any other tax in the nature
of an excise tax upon the physical severance and production of any mineral or other material
from the earth or water. Any resolution adopted by any county prior to the effective date
of this act imposing or levying any such tax is null and void.
(29) Counties may not exempt from or effect changes in K.S.A. 79-2017 or 79-2101,
and amendments thereto. Any charter resolution adopted prior to the effective date of this
act, which affected the provisions of K.S.A. 79-2017 or 79-2101, and amendments thereto,
is hereby declared to be null and void.
(30) Counties may not exempt from or effect changes in K.S.A. 2-3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or K.S.A. 1998 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and amendments thereto.
(31) Counties may not exempt from or effect changes in section 2, and amendments thereto.
(b) Counties shall apply the powers of local legislation granted in subsection (a) by
resolution of the board of county commissioners. If no statutory authority exists for such
local legislation other than that set forth in subsection (a) and the local legislation proposed
under the authority of such subsection is not contrary to any act of the legislature, such
local legislation shall become effective upon passage of a resolution of the board and
publication in the official county newspaper. If the legislation proposed by the board under
authority of subsection (a) is contrary to an act of the legislature which is applicable to the
particular county but not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in K.S.A. 19-101b, and
amendments thereto.
Sec. 4. K.S.A. 12-744 and K.S.A. 1998 Supp. 19-101a and 19-101i are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its publication in the
Kansas register.'';
In the title, by striking all in lines 9 and 10 and inserting: ``AN ACT concerning certain
municipalities; relating to the powers and duties thereof; amending K.S.A. 12-744 and K.S.A.
1998 Supp. 19-101a and repealing the existing sections; also repealing K.S.A. 1998 Supp.
19-101i.'';
Also, on motion of Rep. Sharp HB 2339 was amended on page 1, in line 32, by striking
all after the period; in line 33, by striking all preceding ``The'';
Also, on motion of Rep. Schwartz to amend HB 2339, the motion did not prevail.
HB 2339 An act concerning certain municipalities; relating to the powers and duties
thereof; amending K.S.A. 12-744 and K.S.A. 1998 Supp. 19-101a and repealing the existing
sections; also repealing K.S.A. 1998 Supp. 19-101i, was considered on final action.
On roll call, the vote was: Yeas 70; Nays 53; Present but not voting: 0; Absent or not
voting: 2.
HB 2492, An act concerning wildlife; relating to lifetime fur harvester 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, was considered on final action.
On roll call, the vote was: Yeas 118; Nays 5; Present but not voting: 0; Absent or not
voting: 2.
Nays: Ballou, Phil Kline, Spangler, Vickrey, Weber.
Present but not voting: None.
Absent or not voting: Campbell, Reinhardt.
The bill passed, as amended.
On motion of Rep. Morrison to amend SCR 1601, Rep. Crow requested a ruling on the
amendment being germane to the resolution. The Rules Chair ruled the amendment
germane.
SCR 1601, A proposition to amend section 1 of article 10 of the constitution of the state
of Kansas, relating to the reapportionment of senatorial and representative districts.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the Senate and two-thirds of the members elected (or appointed) and qualified to the House of Representatives 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
1 of article 10 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 1. Reapportionment of senatorial and representative districts. (a) At its regular session in 1989, the legislature shall by law reapportion the state representative districts, the state senatorial districts or both the state representative and senatorial districts upon the basis of the latest census of the inhabitants of the state taken by authority of chapter 61 of the 1987 Session Laws of Kansas. At its
regular session in 1992, and at its regular session every tenth year thereafter, the
legislature shall, by law, shall reapportion the state senatorial districts and
representative districts on the basis of the population of the state as established by
the most recent census of population taken and published by the United States
bureau of the census. Senatorial and representative districts shall be reapportioned upon the basis of the population of the state adjusted: (1) To exclude nonresident military personnel stationed within the state and nonresident students attending colleges and universities within the state; and (2) to include military personnel stationed within the state who are residents of the state and students attending colleges and universities within the state who are residents of the state in the district of their permanent residence. Bills reapportioning legislative districts shall be
published in the Kansas register immediately upon final passage and shall be effective
for the next following election of legislators and thereafter until again reapportioned.
(b) Within 15 days after the publication of an act reapportioning the legislative
districts within the time specified in (a), the attorney general shall petition the
supreme court of the state to determine the validity thereof. The supreme court,
within 30 days from the filing of the petition, shall enter its judgment. Should the
supreme court determine that the reapportionment statute is invalid, the legislature
shall enact a statute of reapportionment conforming to the judgment of the supreme
court within 15 days.
(c) Upon enactment of a reapportionment to conform with a judgment under
(b), the attorney general shall apply to the supreme court of the state to determine
the validity thereof. The supreme court, within 10 days from the filing of such
application, shall enter its judgment. Should the supreme court determine that the
reapportionment statute is invalid, the legislature shall again enact a statute
reapportioning the legislative districts in compliance with the direction of and
conforming to the mandate of the supreme court within 15 days after entry thereof.
(d) Whenever a petition or application is filed under this section, the supreme
court, in accordance with its rules, shall permit interested persons to present their
views.
(e) A judgment of the supreme court of the state determining a reapportionment
to be valid shall be final until the legislative districts are again reapportioned in
accordance herewith.''
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 eliminate the
adjustment of census taken by the United States bureau of the census regarding
nonresident military personnel and nonresident students when reapportioning
the Kansas senate and house of representatives.
``A vote for this proposition would eliminate the adjustment of census taken by the
United States bureau of the census regarding nonresident military personnel and
nonresident students when reapportioning the Kansas senate and house of
representatives.
``A vote against this proposition would continue in effect the requirement for the
adjustment of census taken by the United States bureau of the census regarding
nonresident military personnel and nonresident students when reapportioning
the Kansas senate and house of representatives.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives 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 April in the year 1999 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.
On roll call, the vote was: Yeas 64; Nays 60; Present but not voting: 0; Absent or not
voting: 1. Yeas: Alldritt, Ballard, Barnes, Beggs, Benlon, Bethell, Boston, Burroughs, Cox,
Crow, Dean, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Gatewood,
Geringer, Gilbert, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Hermes,
Humerickhouse, Jenkins, Johnston, Kirk, Klein, Kuether, Lloyd, M. Long, Mason, Mays,
McKechnie, Nichols, O'Brien, O'Connor, O'Neal, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Reardon, Ruff, Schwartz, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm,
Tedder, Thimesch, Toelkes, Wells, Welshimer, Wilk.
A two-thirds majority of the members elected to the House not having voted in the
affirmative, the resolution was not adopted.
Committee report to HB 2479 was adopted.
HB 2479, An act enacting the dental hygienists student loan act; authorizing loans for
certain dental hygiene students; providing for administration by the state board of regents,
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.
Committee report to HB 2429 was adopted; also, on motion of Rep. Benlon was amended
on page 2, in line 11, following ``the'' by inserting ``Johnson county chamber''; in line 12 by
striking all before the semicolon; in line 15, following ``mayors'' by inserting ``or their
designees''; also in line 15, by striking ``. A mayor''; by striking all in line 16; in line 17, by
striking all before the semicolon.'';
HB 2429, An act concerning counties; relating to the establishment of a charter
commission; relating to the preparation and submission of charters; amending K.S.A. 19-
2681, 19-2682, 19-2684 and 19-2685 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 116; Nays 5; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Glasscock, Jennison, Reinhardt, Tedder.
The bill passed, as amended.
Committee report to HB 2227 was adopted; also, on motion of Rep. Neufeld was
amended on page 3, after line 13, by inserting the following:
``New Sec. 3. (a) A task force on mental health and developmental disabilities services
is hereby established to evaluate community mental health and developmental disability
services and administrative efficiency, to review community system design under the
developmental disability reform act, including case management and service coordination,
to review funding sources for community mental health and developmental disability
services, to review emerging system models and trends in the delivery of mental health and
developmental disability services, to evaluate the ways in which quality oversight is provided
from the local to the national level, to study the feasibility of separating administrative
functions and service functions of community developmental disability organizations, the
promotion of consumer choice and competition in the Kansas health management system,
to study the possibility of authorizing a community development disability organization to
refer clients to a state facility if such a referral is in the best interests of client and community,
to review the system of mental health, mental retardation and developmental disability
services through county programs and to study the feasibility of closure of nursing facility
mental retardation beds and a state mental retardation hospital and to consider such other
matters relating thereto as the task force deems appropriate.
(b) The task force shall consist of 11 members appointed as follows:
(1) Two members appointed by the president of the senate;
(2) one member appointed by the minority leader of the senate;
(3) two members appointed by the speaker of the house of representatives;
(4) one member appointed by the minority leader of the house of representatives; and
(5) five public members appointed by the secretary of social and rehabilitation services
from individuals recommended by community providers, consumers and advocates.
(c) All members of the task force shall serve for terms ending on the first day of the
regular legislative session in 2001. The speaker of the house of representatives shall appoint
a legislator member of the task force to serve as chairperson of the task force from July 1,
1999, until the first day of the 2000 regular session of the legislature. The president of the
senate shall appoint a legislator member of the task force to serve as vice-chairperson of
the task force from July 1, 1999, until the first day of the 2000 regular session of the
legislature. The president of the senate shall appoint a legislator member of the task force
to serve as chairperson of the task force from the first day of the 2000 regular session of
the legislature until the first day of the 2001 regular session of the legislature. The speaker
of the house of representatives shall appoint a legislator member of the task force to serve
as vice-chairperson of the task force from the first day of the 2000 regular session of the
legislature until the first day of the 2001 regular session of the legislature. If a vacancy occurs
on the task force, the vacancy shall be filled in the same manner as the original appointment.
(d) The task force on mental health and developmental disabilities shall meet on call of
the chairperson. The members of the task force shall receive reimbursement for attending
meetings of the task force as authorized by the legislative coordinating council consistent
with the provisions of K.S.A. 46-1209 and amendments thereto.
(e) Staffing for the task force shall be provided by the secretary of social and
rehabilitation services.
(f) The task force shall prepare and submit a preliminary report and recommendations
to the governor and to the legislature on or before January 10, 2000, and shall submit a final
report to the governor and to the legislature on or before January 8, 2001.'';
And by renumbering sections accordingly;
In the title, in line 10, after ``ACT'', by inserting ``relating to mental health and mental
retardation services;''; in line 11, before ``amending'' by inserting ``establishing a task force
on mental health and developmental disabilities;'';
Call of the House was demanded.
HB 2227, An act relating to mental health and mental retardation services; concerning
governing boards for community mental health or mental retardation; establishing a task
force on mental health and developmental disabilities; amending K.S.A. 19-4002 and 19-
4002a and repealing the existing sections, 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: Glasscock, Jennison, Reinhardt.
The bill passed, as amended.
Committee report to HB 2357 was adopted.
HB 2357, An act establishing the Kansas postsecondary education savings program;
providing for certain modifications of the Kansas adjusted gross income of an individual;
amending K.S.A. 1998 Supp. 79-32,117 and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 120; Nays 2; Present but not voting: 0; Absent or not
voting: 3.
Absent or not voting: Glasscock, Jennison, Reinhardt.
The bill passed, as amended.
On motion of Rep. Weber, the House recessed until 1:15 p.m.
______
Afternoon Session
The House met pursuant to recess with Speaker pro tem Mays in the chair, and the
House continued to discuss bills under that order of business Emergency Final Action.
Committee report to HB 2289 was adopted; also, on motion of Rep. Tedder was amended
on page 3, following line 6, by inserting:
``Sec. 2. The state of Kansas shall seek to enter into the southern dairy interstate
compact with party states for the purpose of the orderly marketing of milk. The secretary
of agriculture is hereby authorized to seek to enter into such compact on behalf of the state
of Kansas.
By renumbering sections accordingly;
In the title, in line 11, before ''repealing`` by inserting ''enabling Kansas to enter into the
southern dairy interstate compact;'';
Call of the House was demanded.
HB 2289, An act establishing the commission on surface water quality standards;
providing for the powers and duties thereof; enabling Kansas to enter into the southern
dairy interstate compact; repealing K.S.A. 1998 Supp. 65-1,175, 65-1,176 and 65-1,177 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Adkins, Allen, Nichols, Reinhardt.
The bill passed, as amended.
On motion of Rep. Toplikar HB 2310 was amended on page 6, lines 22-29, by removing
all language, and renumbering the sections accordingly;
Also, on motion of Rep. Haley HB 2310 was amended on page 7, by striking New Sec.
ll, lines 23-29; and renumbering the sections accordingly;
HB 2310, An act concerning cities; relating to the rehabilitation of abandoned property;
amending K.S.A. 79-3102 and K.S.A. 1998 Supp. 12-1750, 12-1752, 12-1753, 12-1756a, 12-
1756b, 12-1756c, 12-1756d, 12-1756e and 12-1756f and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 63; Nays 59; Present but not voting: 0; Absent or not
voting: 3.
On motion of Rep. Tanner to rerefer HB 2380 to Committee on Business, Commerce
and Labor, the Rules Chair ruled the motion out of order because when in the House the
motion to rerefer can only be made by the majority leader or assistant majority leader.
Also, on motion of Rep. Tanner to amend HB 2380, the motion did not prevail.
HB 2380, An act concerning apprenticeship programs; relating to eligibility for training
funds; amending K.S.A. 1998 Supp. 74-5065 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 111; Nays 8; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Adkins, McCreary, McKechnie, Nichols, O'Neal, Reinhardt.
The bill passed.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 112, by Representative Loyd, congratulating Susan Alsop, winner of the
1999 Finney County Spelling Bee;
Request No. 113, by Representative Morrison, congratulating Cynthia and Paul Strnad
who received the 1998 Banker's Award;
Request No. 114, by Representative Dreher, congratulating Sarah Bubna, elected Vice
President of membership District H Future Homemakers of America;
Request No. 115, by Representative Dreher, congratulating Brook West, elected
President of District H Future Homemakers of America;
Request No. 116, by Representative Dreher, congratulating Ivan Strickler on induction
into the Kansas Co-Operative Council Hall of Fame;
Request No. 117, by Representative Weber, congratulating Aaron E. Amrein, Jason I.
Bailey, Justin L. Bramlett, Raul Carrillo, Reese H. Hays III, Dale A. Patrick, Joshua J.
Weber, Rick L. Wingate and Michael D. Winner, in recognition of completion of the training
program of the Kansas Highway Patrol Training Academy;
Request No. 118, by Representative Pauls, congratulating Russell Schroll on receiving
theFrench Legion of Honor Medal for service in France while in the U.S. Army during
World War I;
Request No. 119, by Representative Hermes, congratulating Dara Clouse for selection
as Silver Lake High School Winter Royalty on January 29 with Jake Scott;
Request No. 120, by Representative Hermes, congratulating Jake Scott for selection as
Silver Lake High School Winter Royalty on January 29 with Dara Clouse
Request No. 121, by Representative Hermes, congratulating Duane Zlatnik, the first
Rossville Dawg Wrestling Club National Champion;
Request No. 122, by Representative Hermes, commending Justin Heim, named to the
Benedictine College Dean's List for the 1998 fall semester;
Request No. 123, by Representative Hermes, commending Kelly Boeckman, named to
the Emporia State University Honor Roll for the 1998 fall semester;
Request No. 124, by Representative Hermes, congratulating Jennifer Vaughn, a member
of the Rossville High School Debate Team that won the Northeast Kansas Regional Four
Speaker Debate Championships;
Request No. 125, by Representative Hermes, congratulating Ben Sharp, a member of
the Rossville High School Debate Team that won the Northeast Kansas Regional Four
Speaker Debate Championships;
Request No. 126, by Representative Hermes, congratulating Amy Keller, a member of
the Rossville High School Debate Team that won the Northeast Kansas Regional Four
Speaker Debate Championships;
Request No. 127, by Representative Hermes, congratulating Bruce Braden, a member
of the Rossville High School Debate Team that won the Northeast Kansas Regional Four
Speaker Debate Championships;
Request No. 128, by Representative Hermes, congratulating Kelly Horak, named to the
President's Honor Roll at Barton County Community College for the 1998 fall semester;
Request No. 129, by Representative Grant, commending Delbert Gross for ten years of
service in the Kansas House of Representatives;
Request No. 130, by Representative Morrison, congratulating Daniel Cormier for
winning the 1999 National Junior College Wrestling Tournament at 197 pounds;
Request No. 131, by Representative Morrison, congratulating Cory Hill for winning the
1999 National Junior College Wrestling Tournament at 157 pounds;
Request No. 132, by Representative Morrison, congratulating Chad Boudreaux for
winning the 1999 National Junior College Wrestling Tournament at 133 pounds;
Request No. 133, by Representative Morrison, congratulating Alex Bermen for winning
second place at 149 pounds at the 1999 National Junior College Wrestling Tournament;
Request No. 134, by Representative Morrison, congratulating Peter Koster for winning
second place at 141 pounds at the 1999 National Junior College Wrestling Tournament;
Request No. 135, by Representative Morrison, congratulating Dennis Parker who
finished fifth at 174 pounds at the 1999 National Junior College Wrestling Tournament;
Request No. 136, by Representative Morrison, congratulating Alex Haines who finished
seventh at 285 pounds at the 1999 National Junior College Wrestling Tournament;
Request No. 137, by Representative Morrison, congratulating Steve Lampe, named
National Coach of the Year at the 1999 National Junior College Wrestling Tournament;
Request No. 138, by Representative Morrison, congratulating Colby Community
College, for the dominating finish at the National Junior College Wrestling Tournament; Request No. 139, by Representative Wells, congratulating Jason Perez, named to the
1998-99 second-team All Missouri Valley basketball team;
Request No. 140, by Representative Wells, congratulating Maurice Evans, named to the
1998-99 All Missouri Valley basketball team;
Request No. 141, by Representative Wells, commending James Bunch for participating
on Wichita State University's varsity basketball team for four years;
Request No. 142, by Representative Wells, commending Luke Utting for participating
on Wichita State University's basketball team for two years;
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 2540, An act concerning firearms, ammunition and firearms dealers; relating to the
limitation on certain civil actions relating thereto, by Committee on Federal and State
Affairs.
HB 2541, An act concerning certain crimes; relating to criminal use of weapons;
amending K.S.A. 1998 Supp. 21-4201 and repealing the existing section, by Committee on
Federal and State Affairs.
MESSAGE FROM THE SENATE
Announcing passage of SB 103, 150, 203, 205, 230, 240, 244; Sub. SB 260; Sub. SB 271; SB 283.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, pursuant to House Rule 2306, the following bills were
withdrawn from the Calendar under the heading General Orders and referred to Committee
on Calendar and Printing:
Also, HB 2450 was withdrawn from General Orders and rereferred to Committee on
Judiciary.
Also, HB 2077 was withdrawn from General Orders and rereferred to Committee on
Governmental Organization and Elections.
INTRODUCTION OF ORIGINAL MOTIONS
Having voted on the prevailing side, Rep. Morrison moved, pursuant to House Rule 2303,
that the House reconsider its action on Final Action on SCR 1601. Not having received
the required two-thirds majority, the motion did not prevail.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2002, 2003, 2126, 2183, 2469, 2500 from Committee on Judiciary and referral to Committee on Calendar and Printing.
Also, the withdrawal of HB 2432 from Committee on Transportation and referral to
Committee on Calendar and Printing.
On motion of Rep. Glasscock, the House adjourned pro forma until 11:00 a.m., Tuesday,
March 2, 1999.