The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Empson was excused on verified illness.
Prayer by guest chaplain, the Rev. Sherry Schultz, pastor, Unity Church, Lawrence, and
guest of Rep. Sloan:
Mother/Father God--
We greet this day by remembering your presence among us. Before we
begin the work we are called to do, we take a moment to breathe . . . and
to remember those who are affected by our decisions. We consider the
children of Kansas, the elders, those who lie in hospital beds or jail cells,
those who serve in our state capitol. You are a God of compassion. And we
know that in your eyes, there is no favored color, race or creed. From the
depths of us, we pray that we put on your eyes, your ears, your mind in all
that we do. It is our intention to see you wherever we look--in this room,
this city, and our beautiful State of Kansas. Teach us to surrender personal
will so that our decisions are divinely inspired. Loving Creator--speak in and
through each member of this House today. May they be born anew, into your
grace. And thank you, God, for guiding them to serve with integrity. We pray
in and through the presence of Light that is alive here, right now. Amen.
The Pledge of Allegiance was led by Rep. Hutchins.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HCR 5038, 5039.
Appropriations: HB 2559.
Financial Institutions: HCR 5037.
Health and Human Services: HB 2560.
APPOINTMENT OF SELECT COMMITTEE
March 16, 1999
Pursuant to House Rule 1103, I hereby create a House Select Committee on Tobacco
Settlement Funds and hereby appoint the following members to the Committee: Rep. David
Adkins, Chair, Rep. Shari Weber, Vice-Chair, Rep. Melvin Neufeld, Rep. Garry Boston,
Rep. Phyllis Gilmore, Rep. Ed McKechnie, Ranking Member, Rep. Marti Crow, Rep. Rocky
Nichols, Rep. Henry Helgerson.
I hereby charge the committee with conducting an analysis of the tobacco settlement
entered into by the State of Kansas specifically focusing on how funds to be received as a
result of the settlement may best be utilized to advance the public good. The committee
shall produce a report which sets forth its recommendations as to how the legislature can
best respond to the impending receipt of tobacco settlement funds. Legislation necessary
to implement any such recommendations should be prepared by the committee. The
committee is authorized to introduce committee bills and may conduct hearings and act on
any bills referred to the committee. HB 2558 is hereby withdrawn from the committee on
Calendar and Printing and referred to the Select Committee.
The committee shall issue its initial report to the House of Representatives not later than
15 calendar days following the appointment of the committee.
The committee's existence shall cease upon Sine Die adjournment of the 1999 session.
Robin Jennison
Speaker of the House
COMMUNICATIONS FROM STATE OFFICERS
From Mark S. Beck, Director of Property Valuation, Kansas Department of Revenue,
pursuant to K.S.A. 1996 Supp. 79-1490, 1998 Preliminary Real Estate Appraisal/Sales Ratio
Study.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
Objection was made to SB 71 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to Sub. SCR 1608 appearing on the Consent Calendar for the
first day.
No objection was made to SB 22, 74, 75 appearing on the Consent Calendar for the
second day.
No objection was made to SB 128 appearing on the Consent Calendar for the third day.
The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 128, An act relating to licensure of maternity centers and licensure and registration
of providers of care for children; concerning civil fines; amending K.S.A. 1998 Supp. 65-
526 and repealing the existing section, 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.
HB 2037, An act relating to sales taxation; exempting certain sales of materials and
services relating to rehabilitation of railroad track and facilities and to grain storage facilities;
amending K.S.A. 1998 Supp. 79-3606 and repealing the existing section, 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.
HB 2440, An act concerning crimes, criminal procedure and punishment; relating to
sentencing; amending K.S.A. 21-4636 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.
SB 145, An act concerning the Kansas veterinary practice act; amending K.S.A. 47-817,
47-818, 47-819, 47-821, 47-824, 47-825, 47-829, 47-830, 47-832, 47-834, 47-839, 47-840,
47-842, 47-843 and 47-844 and K.S.A. 1998 Supp. 47-816 and repealing the existing sections;
also repealing K.S.A. 47-823 and K.S.A. 1998 Supp. 47-826, 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.
SB 241, An act concerning banks and trusts companies; relating to mortgage business
and mortgage loans; amending K.S.A. 1998 Supp. 9-2201, 9-2202, 9-2203, 9-2204, 9-2205,
9-2206, 9-2207, 9-2208, and 9-2209 and repealing the existing sections, 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.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Mason, the House concurred in Senate amendments to HB 2046,
An act concerning school districts; relating to transportation of nonresident pupils; amending
K.S.A. 1998 Supp. 72-1046b, 72-8303 and 72-8309 and repealing the existing sections.
On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Ballard in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Ballard, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2146, 2226 be passed.
Committee report recommending a substitute bill to H. Sub. for SB 70 be adopted; and
the substitute bill be passed.
Committee report to SB 88 be adopted; and the bill be passed as amended.
On motion of Rep. Hutchins SB 89 be amended on page 1, in line 13, after ``7-121'' by
inserting ``and 19-819'';
In the title, in line 9, after ``7-121'' by inserting ``and 19-819''; in line 10, before the period,
by inserting ``and sheriffs and deputies; relating to practice of law''; and SB 89 be passed
as amended.
On motion of Rep. Tedder SB 65 be amended on page 2, after line 31, by inserting the
following:
``New Sec. 2. The state of Kansas may seek to enter into a dairy interstate compact with
other states for the purpose of the orderly marketing of milk. Prior to entering into such
compact, an economic impact study shall be conducted to determine the impact on
producers, processors and consumers. Subject to the approval of the legislature or in the
event the legislature is not in session, the legislative coordinating council, the secretary of
agriculture is hereby authorized to enter into such compact on behalf of the state of Kansas.'';
And by renumbering sections accordingly;
On page 1, in the title, in line 10, after ``to'' by inserting ``agriculture; concerning''; also
in line 10, by striking ``; concerning'' and inserting a comma; also in line 10, by striking the
last semicolon and inserting ``and''; in line 11, after the semicolon by inserting ``enabling
Kansas to enter into a dairy interstate compact;''; and SB 65 be passed as amended.
Committee report to SB 246 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends SB 292 be passed.
The Committee on Education recommends HB 2476 be passed.
> The Committee on Financial Institutions recommends SB 240, as amended by Senate
Committee, be amended on page 1, in line 25, by striking the colon; in line 26, by striking
``(1) At'' and inserting ``at''; in line 27, by striking ``; or''; by striking all of line 28; in line 29,
by striking all before the period; in line 33, preceding ``consultant'' by inserting ``paid''; and
the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends SB 230,
as amended by Senate Committee of the Whole, be amended on page 3, in line 14, by
striking ``must'' and inserting ``shall'';
On page 7, in line 32, by striking ``must'' and inserting ``shall'';
On page 10, in line 29, by striking ``must'' and inserting ``shall'';
On page 12, by striking all in lines 10 and 11 and inserting:
``New Sec. 6. Upon the filing thereof, all certificates of nomination shall be open to
public inspection. The secretary of state or the county election officer having charge of such
certificates shall retain such certificates for at least one year following the date of the
election.
New Sec. 7. No filing fee shall be refunded to any person:
(a) Declining a nomination pursuant to section 9, and amendments thereto;
(b) withdrawing from candidacy pursuant to K.S.A. 25-306a, and amendments thereto;
or
(c) withdrawing from nomination pursuant to 25-306b, and amendments thereto.
Sec. 8. K.S.A. 25-306 is hereby amended to read as follows: 25-306. Unless a person declines a nomination pursuant to section 9, and amendments thereto, withdraws from candidacy pursuant to K.S.A. 25-306a, and amendments thereto, or withdraws from a nomination pursuant to K.S.A. 25-306b, and amendments thereto:
(a) No person shall be eligible to accept more than one nomination for the same office.
(b) No person shall be eligible for nomination to an office pursuant to K.S.A. 25-303 or 25-304, and amendments thereto, if such person has filed either a declaration of intention to become a candidate for the same office or has filed a nomination petition for the same office.
(c) No person shall be eligible to file either a declaration of intention to become a candidate for an office or a nomination petition for an office if such person has accepted a nomination for the same office pursuant to K.S.A. 25-303 or 25-304, and amendments thereto.
Whenever any person shall receive two or more nominations for the same office at different dates he shall be deemed to have accepted the nomination first made and to have declined the others, unless within the time limited for filing certificates of nomination he shall file in the office where such certificates of nomination are required to be filed a written statement, signed and sworn to by him, designating which one of such nominations he desires to accept; and upon the filing thereof he shall be deemed to have declined the other nominations.
Whenever any person shall receive two or more nominations for the same office on the same date, it shall be his duty, within the time limited for the filing of certificates of nomination, to file with the officer with whom the certificates of nomination are filed a written statement, signed and sworn to by him, designating which one of such nominations he desires to accept, and upon the filing thereof he shall be deemed to have declined the other nominations; and if he shall refuse or neglect to so file such an election, the officer with whom the certificates of nomination are filed shall, immediately upon the expiration of the time for the filing of certificates of nomination, make and file in his office an election of one nomination for such candidate. The county election officer shall print such candidate's name upon the official ballot under the designation so selected, but under no other designation whatever.
All certificates of nomination, when filed, shall be open under proper regulations to public inspection, and the secretary of state and county election officers having charge of such certificates shall preserve the same in their respective offices for one year after the election. No filing fee shall be refunded to any person withdrawing his candidacy or nomination under authority of this act.
New Sec. 9. If any person receives two or more nominations for the same office, such
person shall file within seven days, including Saturday, Sunday and holidays, after the last
nomination is received, a written statement, signed and sworn to by such person, designating
which nomination such person desires to accept. Such statement shall be filed in the office
where nomination papers are required to be filed. Upon filing such statement, such person
shall be deemed to have declined any other nomination. If such person refuses or neglects
to file such statement, the officer with whom the nomination papers are filed, immediately
upon the expiration of the seven-day period, shall make and file in such officer's office an
election of one nomination for such candidate. The county election officer shall print such
candidate's name upon the official ballot under the designation so selected, and under no
other designation.
Sec. 10. K.S.A. 25-4302 is hereby amended to read as follows: 25-4302. Grounds for
recall are conviction of a felony, misconduct in office, incompetence or failure to perform
duties prescribed by law. The county or district attorney of the county where petitions are required to be filed shall determine the sufficiency of the grounds stated in the petition for recall of a local officer. In the case of a recall of the county or district attorney, a judge of the district court of such county shall designate an attorney to determine the sufficiency of the grounds stated in the petition for recall. Such attorney shall perform the duties imposed on the county or district attorney in the recall of other local officers. No recall submitted
to the voters shall be held void because of the insufficiency of the grounds, application, or
petition by which the submission was procured.
Sec. 11. K.S.A. 25-4322 is hereby amended to read as follows: 25-4322. (a) Before any
petition for recall of a local officer is circulated, a copy thereof accompanied by names and
addresses of the recall committee and sponsors shall be filed in the office of the county
election officer with whom the petitions mustare required to be filed. The copy of the
petition so filed shall be subscribed by the members of the recall committee in the presence
of such county election officer. The recall committee shall represent all sponsors and
subscribers in matters relating to the recall. Notice on all matters pertaining to the recall
may be served on any member of the recall committee in person or by mail addressed to a
committee member as indicated on the petition so filed. The county election officer, upon
request, shall notify the recall committee of the official number of votes cast for the office
of the officer sought to be recalled in the last general election at which a person was elected
to such office.
(b) Before any petition for recall of a local officer is circulated, the county election officer shall transmit a copy of such petition to the county or district attorney or to the attorney designated pursuant to subsection (c) for determination of the sufficiency of the grounds stated in the petition for recall. Within five days of receipt of the copy of the petition from the county election officer, the county or district attorney or the attorney designated pursuant to subsection (c) shall make such determination and notify the county election officer and the recall committee of such determination.
(c) In the case of a recall of the county or district attorney, a judge of the district court of such county shall designate an attorney to determine the sufficiency of the grounds stated in the petition for recall. Such attorney shall perform the duties imposed on the county or district attorney in the recall of other local officers.
Sec. 12. K.S.A. 25-4324 is hereby amended to read as follows: 25-4324. The petitions
shall be circulated in person by a sponsor and only in the election district in which such
sponsor resides. No petition shall be circulated in more than one county, and. The county
election officer of the county in which each petition is circulated shall certify to the county
election officer where petitions are required to be filed the sufficiency of the signatures on
the petition. Any registered elector of such election district may subscribe to the petition
by signing such elector's name and address. A person who has signed the petition may
withdraw such person's name only by giving written notice to the county election officer
where petitions are to be filed before the date filed. The necessary signatures on a petition
shall be secured within 90 days from the date that the copy of the petition subscribed by the members of the recall committee is filed pursuant to K.S.A. 25-4322, and amendments theretorecall committee receives notice that the county or district attorney has determined that the grounds for recall as stated in the petition are sufficient as required by K.S.A. 25- 4322, and amendments thereto. The petition shall be signed only in ink. Illegible signatures
unless accompanied by a legible printed name may be rejected by the county election officer.
Sec. 13. K.S.A. 25-306, 25-433, 25-3104, 25-4302, 25-4322 and 25-4324 and K.S.A.
1998 Supp. 25-2309, 25-2316c and 25-3107 are hereby repealed.'';
By renumbering section 7 as section 14;
In the title, by striking all in lines 12 through 16 and inserting:
``AN ACT concerning election procedures; amending K.S.A. 25-306, 25-433, 25-3104,
25-4302, 25-4322 and 25-4324 and K.S.A. 1998 Supp. 25-2309, 25-2316c and 25-3107 and
repealing the existing sections.''; and the bill be passed as amended.
The Committee on Health and Human Services recommends HCR 5034 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 Judiciary recommends SB 91 be passed.
The Committee on Judiciary recommends SB 311 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
The Committee on Judiciary recommends HB 2469 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL No. 2469,'' as follows:
``Substitute for HOUSE BILL No. 2469
By Committee on Judiciary
``AN ACT concerning drugs; relating to methamphetamine and other chemicals; crimes and
criminal procedure; enacting the Kansas chemical control act; prescribing certain
penalties; amending K.S.A. 1998 Supp. 21-4201, 21-4706, 22-2512, 65-4101, 65-4152
and 65-4159 and repealing the existing sections.'';
and the substitute bill be passed.
(Sub. HB 2469 was thereupon introduced and read by title.)
The Committee on Judiciary recommends SB 92, as amended by Senate Committee,
be amended on page 6, in line 4, after ``including'' by inserting ``in person comments,
contemporaneous comments and''; and the bill be passed as amended.
The Committee on Judiciary recommends SB 93, as amended by Senate Committee,
be amended on page 1, in line 27, by striking ``the judge of''; in line 29, by striking
``immediately''; also in line 29, after ``send'' by inserting ``forthwith''; and the bill be passed
as amended.
REPORT ON ENGROSSED BILLS HB 2037, 2440 reported correctly engrossed March 15, 1999.
REPORT ON ENROLLED BILLS HB 2073, 2086, 2088, 2104, 2109, 2117, 2296 reported correctly enrolled, properly
signed and presented to the governor on March 16, 1999.
REPORT ON ENROLLED RESOLUTIONS HCR 5015 reported correctly enrolled and properly signed on March 16, 1999.
On motion of Rep. Glasscock, the House adjourned until 10:30 a.m., Wednesday, March
17, 1999.