March 11, 1999

Journal of the House

FORTY-SECOND DAY
______
Hall of the House of Represenatitives
Topeka, KS, Thursday, March 11, 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. Franklin was excused on excused absence by the Speaker.

 Present later: Rep. Franklin.

   Prayer by guest chaplain, the Rev. Matt Umbarger, pastor, Lafontaine Christian Church,
Joplin, MO., and guest of Rep. Compton :

                Father,

                What an honor it is for us to be able to call upon you with that name.
            Of all your titles, Lord, that one is among my favorite. And today, by the
            Spirit who dwells within us, we cry out to you, ``Abba! Father!,'' and we have
            the assurance that our cry is a pleasing thing to you. We know that you long
            for the prayers of your children. That You should hang upon our every word
            amazes and thrills us. It also shames us, because we give you such a small
            portion of ourselves. You get crowded out because, as the day goes by, You
            will not be as ``real'' to us as the tasks that are bombarding us from every
            side. The Mary in us gets trampled by Martha, and we neglect the one thing
            needful: to simply sit at your feet and listen. Forgive us, Father, and give us
            ears that will hear when you call to us, begging us to lose ourselves in You.

              We come to you in the name of Your son, Jesus, the Messiah. Amen.

     The Pledge of Allegiance was led by Rep. Reardon.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolutions were referred to committees as indicated:

   Calendar and Printing: HB 2558.

 Judiciary: HB 2557.

COMMUNICATIONS FROM STATE OFFICERS
 From the Kansas Legislative Research Department, Report to the 1999 Kansas
Legislature by the Joint Committee on SRS Transition Oversight, March 1999.

   The complete report is kept on file and open for inspection in the office of the Chief
Clerk.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 HB 2166, An act concerning redevelopment projects of statewide as well as local
importance; amending K.S.A. 1998 Supp. 12-195, 74-8902, 74-8904, 74-8921, 74-8922, 74-
8924, 74-8925, 74-8927, 79-3603 and 79-3703 and repealing the existing sections; also
repealing K.S.A. 1998 Supp. 74-8902a and 79-3603a, was considered on final action.

 On roll call, the vote was: Yeas 105; Nays 17; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Aday, Adkins, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dean, Dreher, Empson,
Faber, Farmer, Feuerborn, Findley, Flora, Flower, Freeborn, Gatewood, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Hermes, Holmes,
Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnston, Klein, Phil Kline, Phill
Kline, Krehbiel, Lane, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Morrison, Myers, Neufeld,
Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Phelps, Powell,
Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver,
Shultz, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Toplikar, Vining,
Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Alldritt, Crow, Edmonds, Flaharty, Garner, Helgerson, Howell, Johnson,
Landwehr, Larkin, Mollenkamp, E. Peterson, Pottorff, Sloan, Spangler, Tomlinson, Vickrey.

 Present but not voting: None.

 Absent or not voting: Franklin, Kirk, Kuether.

 The bill passed, as amended.


EXPLANATIONS OF VOTE
 Mr. Speaker: I vote No on HB 2166. I sincerely hope that time will prove I was wrong.
And that ``Oz'' is a great success providing thousands of jobs and substantial economic
benefit. But today I do not have enough information to endorse wide open star bond
authority for 9000 acres for 30 years.

 Maybe Dorothy will find her way home, but the future may reveal that the Kansas
Legislature was like a scarecrow stuffed with straw who was a puppet without a brain--
Jene Vickrey

  Mr. Speaker: We're off to see the Wizard, this wonderful Wizard of Ours. It really is a
heck of a deal for only a 30 year S.T.A.R.'S. If ever the Wizard does come to town, the
E.P.A. clean-up is worth the ground. Because, because, because, because BE -
CAUSE  .  .  .  Because of the tourism and real jobs. We're off to see the Wizard. The
Wonderful Wizard of Oz.

 (By the way, has anybody peeked behind that curtain back there to see who's really
running this production?!) Mr. Speaker, I vote ``Yes'' on HB 2166.--David Haley

   Sub. HB 2322, An act concerning visually impaired or blind persons; relating to billing
procedures for certain services, 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.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Klein, Phil Kline, Phill
Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P.
Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Franklin, Kirk.

 The substitute bill passed.

   SB 120, An act concerning banks and trust companies; relating to the powers of the bank
commissioner; amending K.S.A. 1998 Supp. 9-1715 and repealing the existing section, was
considered on final action.

 On roll call, the vote was: Yeas 116; Nays 5; Present but not voting: 2; Absent or not
voting: 2.

 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Johnston, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

 Nays: Feuerborn, Mays, Nichols, Spangler, Toplikar.

 Present but not voting: Campbell, Hermes.

 Absent or not voting: Franklin, Kirk.

 The bill passed.


EXPLANATION OF VOTE
 Mr. Speaker: I vote abstain on SB 120. I abstain from casting a vote on SB 120 due to
the appearance of conflict of interest. I serve on the Board of Directors for Iola Bank and
Trust in Iola, Kansas.--Cindy Hermes

   On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Wilk in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. Wilk, Committee of the Whole report, as follows, was adopted:

   Recommended that committee report to HB 2543 be adopted; also, on motion of Rep.
Larkin to amend, the motion did not prevail.

 Also, on motion of Rep. Palmer HB 2543 be amended on page 24, in line 42, by striking
``and'';

      On page 25, in line 5, by striking the period and inserting ``; and

      (ccc) all sales of tangible personal property and services purchased to repair or replace
tangible personal property or real property which was damaged or destroyed in this state as
a result of a weather related event or occurrence which the president of the United States
has declared, pursuant to federal law, to be a major disaster, and grants from the federal
government to meet disaster related expenses resulting from such event or occurrence have
been authorized. No such sale shall be exempt hereunder unless occurring within three
years after the date of such declaration. Sales tax paid on and after October 1, 1998, but
prior to the effective date of this act upon the gross receipts received from any such sale
shall be refunded if such claim is filed on or before July 1, 2000. Also, in the event that any
such sale occurs after any such event or occurrence but before any such declaration, a sales
tax refund shall be allowed if claimed within nine months after the date of such declaration.
Each claim for a sales tax refund shall be verified and submitted to the director of taxation
upon forms furnished by the director and shall be accompanied by any additional
documentation required by the director. The director shall review each claim and shall
refund that amount of sales tax paid as determined under the provisions of this section. All
refunds shall be paid from the sales tax refund fund upon warrants of the director of accounts
and reports pursuant to vouchers approved by the director or the director's designee.'';

 Also, on motion of Rep. Aurand to amend HB 2543, the motion did not prevail, and the
bill be passed as amended.

 Committee report recommending a substitute bill to Sub. HB 2540 be adopted; also, on
motion of Rep Klein to amend, Rep. Lane requested a ruling on the amendment being
germane to the bill. The Rules Chair ruled the amendment not germane; and the substitute
bill be passed.

REPORTS OF STANDING COMMITTEES
 The Committee on Agriculture recommends SB 65, 145 as amended by Senate
Committee, be passed.

 The Committee on Agriculture recommends SCR 1609, as amended by Senate
Committee, be adopted and, because the committee is of the opinion that the concurrent
resolution is of a noncontroversial nature, be placed on the consent calendar.

      The Committee on Federal and State Affairs recommends HB 2368 be amended on
page 1, in line 14, by striking ``No'' and inserting ``(a) Except as provided by subsection (b),
no''; in line 15, by striking ``set out'' and inserting ``described''; in line 19, by striking all
following ``authorization''; by striking all in lines 20 through 23; in line 24, by striking all
preceding the period and inserting ``pursuant to a permit granted under K.S.A. 74-5404,
and amendments thereto''; following line 24, by inserting the following:

      ``(b) If, in the opinion of the commission or the commission's designee, any survey,
excavation or construction is necessary to prevent the immediate threat to the life or health
of persons near a site or area described in K.S.A. 74-5401, and amendments thereto, the
commission or the commission's designee may authorize such survey, excavation or
construction without issuing a permit under K.S.A. 74-5404, and amendments thereto.'';
and the bill be passed as amended.

      The Committee on Financial Institutions recommends SB 241, as amended by Senate
Committee, be amended on page 2, in line 43, by striking ``having'';

      On page 3, in line 1, by striking ``obtained authorization from'' and inserting ``being
registered with'';

      On page 4, in line 9, following ``K.S.A.'' by inserting ``1998 Supp.'';

      On page 7, in line 34, following ``K.S.A.'' by inserting ``1998 Supp.'';

      On page 10, following line 11, by inserting the following new section:

      ``New Sec.  19. The provisions of K.S.A. 1998 Supp. 9-2201 through 9-2210, and
amendments thereto, and sections 10 through 19, shall be known and may be cited as the
Kansas mortgage business act.'';

      By renumbering sections accordingly; and the bill be passed as amended.

 The Committee on Health and Human Services recommends SCR 1606, as amended
by Senate Committee, be adopted.

 The Committee on Health and Human Serivces recommends SB 128, 267 be passed
and, becuase the committee is of the opinion that the bills are of a noncontroversial nature,
be placed on the consent calendar.

      The Committee on Health and Human Services recommends SB 190, as amended by
Senate Committee, be amended on page 7, after line 6, by inserting the following:

      ``Sec.  5. K.S.A. 1998 Supp. 65-2836 is hereby amended to read as follows: 65-2836. A
licensee's license may be revoked, suspended or limited, or the licensee may be publicly or
privately censured, or an application for a license or for reinstatement of a license may be
denied upon a finding of the existence of any of the following grounds:

      (a) The licensee has committed fraud or misrepresentation in applying for or securing
an original, renewal or reinstated license.

      (b) The licensee has committed an act of unprofessional or dishonorable conduct or
professional incompetency.

      (c) The licensee has been convicted of a felony or class A misdemeanor, whether or not
related to the practice of the healing arts.

      (d) The licensee has used fraudulent or false advertisements.

      (e) The licensee is addicted to or has distributed intoxicating liquors or drugs for any
other than lawful purposes.

      (f) The licensee has willfully or repeatedly violated this act, the pharmacy act of the
state of Kansas or the uniform controlled substances act, or any rules and regulations
adopted pursuant thereto, or any rules and regulations of the secretary of health and
environment which are relevant to the practice of the healing arts.

      (g) The licensee has unlawfully invaded the field of practice of any branch of the healing
arts in which the licensee is not licensed to practice.

      (h) The licensee has engaged in the practice of the healing arts under a false or assumed
name, or the impersonation of another practitioner. The provisions of this subsection relating
to an assumed name shall not apply to licensees practicing under a professional corporation
or other legal entity duly authorized to provide such professional services in the state of
Kansas.

      (i) The licensee has the inability to practice the branch of the healing arts for which the
licensee is licensed with reasonable skill and safety to patients by reason of illness,
alcoholism, excessive use of drugs, controlled substances, chemical or any other type of
material or as a result of any mental or physical condition. In determining whether or not
such inability exists, the board, upon reasonable suspicion of such inability, shall have
authority to compel a licensee to submit to mental or physical examination or drug screen,
or any combination thereof, by such persons as the board may designate. To determine
whether reasonable suspicion of such inability exists, the investigative information shall be
presented to the board as a whole, to a review committee of professional peers of the licensee
established pursuant to K.S.A. 65-2840c and amendments thereto or to a committee
consisting of the officers of the board elected pursuant to K.S.A. 65-2818 and amendments
thereto and the executive director appointed pursuant to K.S.A. 65-2878 and amendments
thereto, and the determination shall be made by a majority vote of the entity which reviewed
the investigative information. Information submitted to the board as a whole or a review
committee of peers or a committee of the officers and executive director of the board and
all reports, findings and other records shall be confidential and not subject to discovery by
or release to any person or entity. The licensee shall submit to the board a release of
information authorizing the board to obtain a report of such examination or drug screen, or
both. A person affected by this subsection shall be offered, at reasonable intervals, an
opportunity to demonstrate that such person can resume the competent practice of the
healing arts with reasonable skill and safety to patients. For the purpose of this subsection,
every person licensed to practice the healing arts and who shall accept the privilege to
practice the healing arts in this state by so practicing or by the making and filing of an annual
a renewal to practice the healing arts in this state shall be deemed to have consented to
submit to a mental or physical examination or a drug screen, or any combination thereof,
when directed in writing by the board and further to have waived all objections to the
admissibility of the testimony, drug screen or examination report of the person conducting
such examination or drug screen, or both, at any proceeding or hearing before the board
on the ground that such testimony or examination or drug screen report constitutes a
privileged communication. In any proceeding by the board pursuant to the provisions of
this subsection, the record of such board proceedings involving the mental and physical
examination or drug screen, or any combination thereof, shall not be used in any other
administrative or judicial proceeding.

      (j) The licensee has had a license to practice the healing arts revoked, suspended or
limited, has been censured or has had other disciplinary action taken, or an application for
a license denied, by the proper licensing authority of another state, territory, District of
Columbia, or other country, a certified copy of the record of the action of the other
jurisdiction being conclusive evidence thereof.

      (k) The licensee has violated any lawful rule and regulation promulgated by the board
or violated any lawful order or directive of the board previously entered by the board.

      (l) The licensee has failed to report or reveal the knowledge required to be reported or
revealed under K.S.A. 65-28,122 and amendments thereto.

      (m) The licensee, if licensed to practice medicine and surgery, has failed to inform a
patient suffering from any form of abnormality of the breast tissue for which surgery is a
recommended form of treatment, of alternative methods of treatment specified in the
standardized summary supplied by the board. The standardized summary shall be given to
each patient specified herein as soon as practicable and medically indicated following
diagnosis, and this shall constitute compliance with the requirements of this subsection. The
board shall develop and distribute to persons licensed to practice medicine and surgery a
standardized summary of the alternative methods of treatment known to the board at the
time of distribution of the standardized summary, including surgical, radiological or
chemotherapeutic treatments or combinations of treatments and the risks associated with
each of these methods. Nothing in this subsection shall be construed or operate to empower
or authorize the board to restrict in any manner the right of a person licensed to practice
medicine and surgery to recommend a method of treatment or to restrict in any manner a
patient's right to select a method of treatment. The standardized summary shall not be
construed as a recommendation by the board of any method of treatment. The preceding
sentence or words having the same meaning shall be printed as a part of the standardized
summary. The provisions of this subsection shall not be effective until the standardized
written summary provided for in this subsection is developed and printed and made available
by the board to persons licensed by the board to practice medicine and surgery.

      (n) The licensee has cheated on or attempted to subvert the validity of the examination
for a license.

      (o) The licensee has been found to be mentally ill, disabled, not guilty by reason of
insanity, not guilty because the licensee suffers from a mental disease or defect or
incompetent to stand trial by a court of competent jurisdiction.

      (p) The licensee has prescribed, sold, administered, distributed or given a controlled
substance to any person for other than medically accepted or lawful purposes.

      (q) The licensee has violated a federal law or regulation relating to controlled
substances.

      (r) The licensee has failed to furnish the board, or its investigators or representatives,
any information legally requested by the board.

      (s) Sanctions or disciplinary actions have been taken against the licensee by a peer
review committee, health care facility, a governmental agency or department or a
professional association or society for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (t) The licensee has failed to report to the board any adverse action taken against the
licensee by another state or licensing jurisdiction, a peer review body, a health care facility,
a professional association or society, a governmental agency, by a law enforcement agency
or a court for acts or conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (u) The licensee has surrendered a license or authorization to practice the healing arts
in another state or jurisdiction, has surrendered the authority to utilize controlled substances
issued by any state or federal agency, has agreed to a limitation to or restriction of privileges
at any medical care facility or has surrendered the licensee's membership on any professional
staff or in any professional association or society while under investigation for acts or conduct
similar to acts or conduct which would constitute grounds for disciplinary action under this
section.

      (v) The licensee has failed to report to the board surrender of the licensee's license or
authorization to practice the healing arts in another state or jurisdiction or surrender of the
licensee's membership on any professional staff or in any professional association or society
while under investigation for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (w) The licensee has an adverse judgment, award or settlement against the licensee
resulting from a medical liability claim related to acts or conduct similar to acts or conduct
which would constitute grounds for disciplinary action under this section.

      (x) The licensee has failed to report to the board any adverse judgment, settlement or
award against the licensee resulting from a medical malpractice liability claim related to acts
or conduct similar to acts or conduct which would constitute grounds for disciplinary action
under this section.

      (y) The licensee has failed to maintain a policy of professional liability insurance as
required by K.S.A. 40-3402 or 40-3403a and amendments thereto.

      (z) The licensee has failed to pay the annual premium surcharge surcharges as required
by K.S.A. 40-3404 and amendments thereto.

      (aa) The licensee has knowingly submitted any misleading, deceptive, untrue or
fraudulent representation on a claim form, bill or statement.

      (bb) The licensee as the responsible physician for a physician's assistant has failed to
adequately direct and supervise the physician's assistant in accordance with K.S.A. 65-2896
to 65-2897a, inclusive, and amendments thereto, or rules and regulations adopted under
such statutes.

      (cc) The licensee has assisted suicide in violation of K.S.A. 21-3406 as established by
any of the following:

      (A) A copy of the record of criminal conviction or plea of guilty for a felony in violation
of K.S.A. 21-3406 and amendments thereto.

      (B) A copy of the record of a judgment of contempt of court for violating an injunction
issued under K.S.A. 1998 Supp. 60-4404 and amendments thereto.

      (C) A copy of the record of a judgment assessing damages under K.S.A. 1998 Supp. 60-
4405 and amendments thereto.'';

      And by renumbering sections accordingly;

      Also on page 7, in line 7, before ``65-2852'' by inserting ``65-2836,'';

      In the title, in line 13, before ``65-2852'' by inserting ``65-2836,''; and the bill be passed
as amended.

   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 concurrent resolution was thereupon introduced and read by title:

      HOUSE CONCURRENT RESOLUTION No. 5036--

    By Committee on Taxation


A PROPOSITION to amend section 1 of article 11 of the constitution of the state of Kansas.


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
1 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows:

       ``§  1. System of taxation; classification; exemption. (a) The provisions of this
      subsection shall govern the assessment and taxation of property on and after January
      1, 1993, and each year thereafter. Except as otherwise hereinafter specifically
      provided, the legislature shall provide for a uniform and equal basis of valuation and
      rate of taxation of all property subject to taxation. The legislature may provide for
      the appraised valuations of real property established pursuant to such basis to be
      averaged over a period of years for the purpose of application in a taxable year for
      property taxation purposes. The legislature may provide for the classification and the
      taxation uniformly as to class of recreational vehicles, as defined by the legislature,
      or may exempt such class from property taxation and impose taxes upon another
      basis in lieu thereof. The provisions of this subsection shall not be applicable to the
      taxation of motor vehicles, except as otherwise hereinafter specifically provided,
      mineral products, money, mortgages, notes and other evidence of debt and grain.
      Property shall be classified into the following classes for the purpose of assessment
      and assessed at the percentage of value prescribed therefor:

       Class 1 shall consist of real property. Real property shall be further classified into
      seven subclasses. Such property shall be defined by law for the purpose of
      subclassification and assessed uniformly as to subclass at the following percentages
      of value:

(1)Real property used for residential purposes includingmulti-family residential real property and real propertynecessary to accommodate a residential community ofmobile or manufactured homes including the real propertyupon which such homes are located 11|½%
(2)Land devoted to agricultural use which shall be valuedupon the basis of its agricultural income or agriculturalproductivity pursuant to section 12 of article 11 of theconstitution 30%
(3)Vacant lots 12%
(4)Real property which is owned and operated by a not-for-profit organization not subject to federal income taxationpursuant to section 501 of the federal internal revenuecode, and which is included in this subclass by law 12%
(5)Public utility real property, except railroad real propertywhich shall be assessed at the average rate that all othercommercial and industrial property is assessed 33%
(6)Real property used for commercial and industrial purposesand buildings and other improvements located upon landdevoted to agricultural use 25%
(7)All other urban and rural real property not otherwisespecifically subclassified 30%
       Class 2 shall consist of tangible personal property. Such tangible personal property
      shall be further classified into six subclasses, shall be defined by law for the purpose
      of subclassification and assessed uniformly as to subclass at the following percentages
      of value:

(1)Mobile homes used for residential purposes 11|½%
(2)Mineral leasehold interests except oil leasehold intereststhe average daily production from which is five barrels orless, and natural gas leasehold interests the average dailyproduction from which is 100 mcf or less, which shall beassessed at 25% 30%
(3)Public utility tangible personal property includinginventories thereof, except railroad personal propertyincluding inventories thereof, which shall be assessed at theaverage rate all other commercial and industrial propertyis assessed 33%
(4)All categories of motor vehicles not defined and specificallyvalued and taxed pursuant to law enacted prior to January1, 1985 30%
(5)Commercial and industrial machinery and equipmentwhich, if its economic life is seven years or more, shall bevalued at its retail cost when new less seven-year straight-line depreciation, or which, if its economic life is less thanseven years, shall be valued at its retail cost when new lessstraight-line depreciation over its economic life, exceptthat, the value so obtained for such property,notwithstanding its economic life and as long as suchproperty is being used, shall not be less than 20% of theretail cost when new of such property 25%
(6)All other tangible personal property not otherwisespecifically classified 30%
           (b) All property used exclusively for state, county, municipal, literary,
      educational, scientific, religious, benevolent and charitable purposes, farm machinery
      and equipment, merchants' and manufacturers' inventories, other than public utility
      inventories included in subclass (3) of class 2, livestock, and all household goods and
      personal effects not used for the production of income, shall be exempted from
      property taxation.''

      Sec.  2. The following statement shall be printed on the ballot with the amendment as
a whole:

         ``Explanatory statement. This amendment would allow the legislature to provide
      for the averaging over a period of years of certain real estate appraised valuations
      for application in a taxable year.

       ``A vote for this proposition would allow pursuant to enactment by the legislature
      the averaging of certain real estate appraised valuations over a period of years for
      utilization in a taxable year for property taxation purposes.

       ``A vote against this proposition would maintain the current system of property
      taxation.''

 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.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
 The following resolution was introduced and read by title:

      HOUSE RESOLUTION No. 6014--

    By Committee on Transportation


A  RESOLUTION requiring the Attorney General to bring suit challenging the provisions
of Section 656(b) of P.L. 104-208.


      WHEREAS,  Section 656(b) of the federal Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (P.L. 104-208) requires that state issued drivers' licenses and
nondriver identification cards must contain the holder's social security number or that the
state must verify with the Social Security Administration the social security number of each
applicant for a license or identification card; and

      WHEREAS,  This requirement violates the rights protected by the Tenth Amendment
to the Constitution of the United States and violates Section 7 of the Privacy Act of 1974
(P.L. 93-579): Now, therefore,

      Be it resolved by the House of Representatives of the State of Kansas: That, in accordance
with K.S.A. 75-702, if the provisions of Section 656(b) of P.L. 104-208 have not been
repealed by December 1, 1999, the Attorney General of the State of Kansas is hereby
required to file and prosecute an action challenging the legality of the provisions of Section
656(b) of P.L. 104-208.

REPORT ON ENGROSSED BILLS
 HB 2166 reported correctly engrossed March 10, 1999.

REPORT ON ENROLLED RESOLUTIONS
 HR 6006 reported correctly enrolled and properly signed on March 11, 1999.

   On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Friday, March 12,
1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.