INTRODUCTION OF GUESTS
Rep. Hermes recognized the Washburn Rural High School Girls' Basketball Team and
their coach, Bill Annan. They recently won the 6A State Championship.
Rep. Lane recognized the five cities in his area who are celebrating 50th anniversaries this
year. He presented certificates to the following who were present: William L. Kostar, City
of Westwood; Mayor C. Edward Peterson, City of Fairway; Tom Stewart, Council President,
City of Westwood Hills; and Mayor Betty T. Keim, City of Mission Hills.
PRESENTATION OF PETITIONS
The following petition was presented and filed:
HP 2008, by Rep. Phill Kline, a petition supporting Roger and Emily La Barge's claim
against S.R.S., signed by Mindy Menzel and 172 others.
CORRECTION OF REFERENCE
Speaker pro tem Mays announced HR 6015 appearing on the Calendar under Reference
of Bills and Concurrent Resolutions as being referred to Committee on Calendar and
Printing, should be corrected to be referred to Committee on Rules and Journal.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HCR 5040.
Appropriations: SB 102.
Committee of the Whole: SB 338.
Federal and State Affairs: HB 2564, 2566.
Health and Human Services: SB 232.
Insurance: SB 291.
Rules and Journal: HR 6015.
Taxation: HB 2565.
Kansas 2000 Select: SB 324.
MESSAGES FROM THE SENATE
Announcing adoption of SCR 1615.
The Senate nonconcurs in House amendments to SB 65, requests a conference and has
appointed Senators Morris, Umbarger and Stephens as conferees on the part of the Senate.
The Senate nonconcurs in House amendments to H. Sub. for SB 70, requests a
conference and has appointed Senators Corbin, Morris and Stephens as conferees on the
part of the Senate.
The Senate nonconcurs in House amendments to SB 89, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.
The Senate nonconcurs in House amendments to SB 246, requests a conference and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.
Also, announcing adoption of SCR 1617.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate concurrent resolution was thereupon introduced and read by title:
SCR 1617.
On motion of Rep. Glasscock, SCR 1615, was introduced and adopted.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 65.
Speaker pro tem Mays thereupon appointed Reps. Flower, Johnson and Weiland as
conferees on the part of the House.
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 70.
Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and McClure as
conferees on the part of the House.
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 89.
Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
conferees on the part of the House.
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 246.
Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and Flora as conferees
on the part of the House.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6016--
By Representative Huff
A RESOLUTION establishing Legislative Families Day.
WHEREAS, Monday, March 22, 1999, is hereby designated as the first annual
Legislative Families Day for families of Kansas legislators; and
WHEREAS, This day is established to recognize and show appreciation for the help and
support the families of legislators provide for the members of the Kansas legislature serving
as elected officials of the state; and
WHEREAS, Annual Legislative Families Day is established as a special day for legislative
families to visit our state capitol, to meet and visit with fellow legislative families, to become
acquainted with their legislator's office and work procedures, to learn about the legislative
process and to enjoy the ambience of our historic state capitol; and
WHEREAS, Scheduled activities for the day include:
Recognition of legislative families in the
Senate and House of Representatives,
Family photographs with Governor Bill Graves,
Tours of the Capitol,
A box lunch at the Dillon House, and
A tour of the Kansas Museum of History:
Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we establish
March 22, 1999, as the first annual Legislative Families Day; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to Mrs. Nancy Becker, President, Legislative
Spouses Organization, 9225 Woodstone Lane, Lenexa, Kansas 66219.
CONSENT CALENDAR
No objection was made to SB 162, 179 appearing on the Consent Calendar for the second
day.
No objection was made to HCR 5034; SB 311 appearing on the Consent Calendar for
the third day. The bill and concurrent resolution were advanced to Final Action on Bills
and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HCR 5034, A concurrent resolution encouraging health care providers to test pregnant
women for HIV, 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: Aday, Boston, Showalter, Spangler.
The resolution was adopted.
SB 311, An act concerning corporations; relating to filing of certain documents; recording
with register of deeds; amending K.S.A. 17-630, 17-1507, 17-1608, 17-2034, 17-2201, 17-
6001, 17-6203, 17-6401, 17-6601, 17-6602, 17-6605, 17-6706, 17-6707, 17-6913 and 17-
7301 and K.S.A. 1998 Supp. 17-6003 and 17-6205 and repealing the existing sections; also
repealing K.S.A. 17-7401, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 1; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Aday, Boston, Showalter, Spangler.
The bill passed, as amended.
HB 2549, An act amending and supplementing the Kansas estate tax act; amending K.S.A.
1998 Supp. 79-15,100, 79-15,102, 79-15,103, 79-15,107, 79-15,109 and 79-15,113 and
repealing the existing sections; also repealing K.S.A. 1998 Supp. 79-15,104 and 79-15,110,
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: Aday, Boston, Showalter, Spangler.
The bill passed.
SB 51, An act relating to motor vehicles; amending K.S.A. 8-132, 8-161, 8-162, 8-1,139
and 8-235d and K.S.A. 1998 Supp. 8-133, 8-177a, 8-177c, 8-1,140, 8-1,141, 8-1,142, 8-1,145,
8- 1,146, 8-237, 8-239, 8-296, 8-1014, 8-1558, 8-1567a and 74-2012 and repealing the
existing sections, was considered on final action.
On roll call, the vote was: Yeas 103; Nays 18; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Aday, Boston, Showalter, Spangler.
The bill passed, as amended.
SB 267, An act concerning the pharmacy act of the state of Kansas; board procedures;
prescription-only drugs; amending K.S.A. 1998 Supp. 65-1626, 65-1627, 65-1635 and 65-
1643 and repealing the existing sections; also repealing K.S.A. 1998 Supp. 65-1627i, was
considered on final action.
On roll call, the vote was: Yeas 119; Nays 2; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Aday, Boston, Showalter, Spangler.
The bill passed.
Sub. SB 270, An act concerning the employment security law; relating to employer
contributions and disqualification for benefits; amending K.S.A. 1998 Supp. 44-706, 44-709
and 44-710a and repealing the existing sections; also repealing K.S.A. 44-709a, was
considered on final action.
On roll call, the vote was: Yeas 118; Nays 3; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Aday, Boston, Showalter, Spangler.
The substitute bill passed, as amended.
SB 296, An act concerning hazardous waste; amending K.S.A. 65-3444 and K.S.A. 1998
Supp. 65-3431 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 1; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Aday, Boston, Showalter, Spangler.
The bill passed.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Tomlinson, the House nonconcurred in Senate amendments to HB 2090 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Tomlinson, Myers and Phelps as
conferees on the part of the House.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Campbell in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Campbell, Committee of the Whole report, as follows, was adopted:
Recommended that SB 91, 292, 71 be passed.
Committee report to HB 2126 be adopted; and the bill be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2469 be adopted; also,
roll call was demanded on motion of Rep. Gatewood to amend on page 10, in line 36
following ``through'' by striking ``22'' and inserting ``23''; also on page 10, in line 42 following
``through'' by striking ``22'' and inserting ``23'';
On page 20 following line 8 by inserting the following:
``New Sec. 22. (a) It shall be unlawful for a regulated chemical retailer to sell or
distribute in any single transaction more than four consumer packages containing any of the
following regulated chemicals:
(1) Ephedrine, its salts, optical isomers and salts of optical isomers;
(2) phenylpropanolamine, its salts, optical isomers, and salts of optical isomers; and
(3) pseudoephedrine, its salts, optical isomers, and salts of optical isomers.
(b) This subsection shall not apply to sales or distributions from one regulated chemical
retailer to another regulated chemical retailer.
(c) Violation of this section is a class B nonperson misdemeanor.'';
Renumber the remaining sections accordingly;
On roll call, the vote was: Yeas 47; Nays 72; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Aday, Boston, Helgerson, Light, Mason, Showalter.
The motion of Rep. Gatewood did not prevail.
Also, on motion of Rep. O'Brien to amend Sub. HB 2469, the motion was withdrawn.
Also, on further motion of Rep. O'Brien be amended on page 18, in line 20, by striking all
in line 20 and renumbering the following subsections accordingly;
Also, on motion of Rep. Shriver to amend Sub. HB 2469, the motion did not prevail.
Also, on motion of Rep. Flora Sub. HB 2469 be amended on page 20, in line 8, following
the period, by inserting ``When property is forfeited pursuant to a violation of the Kansas
chemical control act, the department shall sell all property at public sale to the highest
bidder for cash without appraisal. The proceeds of any sale shall be credited to the cleanup
account which is hereby created in the chemical control fund. Moneys in such account can
only be expended directly or through contracts for the costs of drug manufacturing site clean
ups.''; following line 13, by inserting the following:
``Sec. 23. K.S.A. 60-4117 is hereby amended to read as follows: 60-4117. Except as provided in section 21, and amendments thereto: (a) When property is forfeited under this
act, the law enforcement agency may:
(1) Retain such property for official use or transfer the custody or ownership to any
local, state or federal agency, subject to any lien preserved by the court;
(2) destroy or use for investigative or training purposes, any illegal or controlled
substances and equipment or other contraband, provided that materials necessary as
evidence shall be preserved;
(3) sell property which is not required by law to be destroyed and which is not harmful
to the public:
(A) All property, except real property, designated by the seizing agency to be sold shall
be sold at public sale to the highest bidder for cash without appraisal. The seizing agency
shall first cause notice of the sale to be made by publication at least once in an official county
newspaper as defined by K.S.A. 64-101, and amendments thereto. Such notice shall include
the time, place, and conditions of the sale and description of the property to be sold. Nothing
in this subsection shall prevent a state agency from using the state surplus property system
and such system's procedures shall be sufficient to meet the requirements of this subsection.
(B) Real property may be sold pursuant to subsection (A), or the seizing agency may
contract with a real estate company, licensed in this state, to list, advertise and sell such real
property in a commercially reasonable manner.
(C) No employee or public official of any agency involved in the investigation, seizure
or forfeiture of seized property may purchase or attempt to purchase such property; or
(4) salvage the property, subject to any lien preserved by the court.
(b) When firearms are forfeited under this act, the firearms in the discretion of the
seizing agency, shall be destroyed, used within the seizing agency for official purposes,
traded to another law enforcement agency for use within such agency or given to the Kansas
bureau of investigation for law enforcement, testing, comparison or destruction by the
Kansas bureau of investigation forensic laboratory.
(c) The proceeds of any sale shall be distributed in the following order of priority:
(1) For satisfaction of any court preserved security interest or lien;
(2) thereafter, for payment of all proper expenses of the proceedings for forfeiture and
disposition, including expenses of seizure, inventory, appraisal, maintenance of custody,
preservation of availability, advertising, service of process, sale and court costs;
(3) reasonable attorney fees:
(A) If the plaintiff's attorney is a county or district attorney, an assistant, or another
governmental agency's attorney, fees shall not exceed 15% of the total proceeds, less the
amounts of subsection (c)(1) and (2), in an uncontested forfeiture nor 20% of the total
proceeds, less the amounts of subsection (c)(1) and (2), in a contested forfeiture. Such fees
shall be deposited in the county or city treasury and credited to the special prosecutor's
trust fund. Moneys in such fund shall not be considered a source of revenue to meet normal
operating expenditures, including salary enhancement. Such fund shall be expended by the
county or district attorney, or other governmental agency's attorney through the normal
county or city appropriation system and shall be used for such additional law enforcement
and prosecutorial purposes as the county or district attorney or other governmental agency's
attorney deems appropriate, including educational purposes. All moneys derived from past
or pending forfeitures shall be expended pursuant to this act. The board of county
commissioners shall provide adequate funding to the county or district attorney's office to
enable such office to enforce this act. Neither future forfeitures nor the proceeds therefrom
shall be used in planning or adopting a county or district attorney's budget; or
(B) if the plaintiff's attorney is a private attorney, such reasonable fees shall be
negotiated by the employing law enforcement agency;
(4) repayment of law enforcement funds expended in purchasing of contraband or
controlled substances, subject to any interagency agreement.
(d) Any proceeds remaining shall be credited as follows, subject to any interagency
agreement:
(1) If the law enforcement agency is a state agency, the entire amount shall be deposited
in the state treasury and credited to such agency's state forfeiture fund. There is hereby
established in the state treasury the following state funds: Kansas bureau of investigation
state forfeiture fund, Kansas highway patrol state forfeiture fund and Kansas department of
corrections state forfeiture fund. Expenditures from the Kansas bureau of investigation state
forfeiture fund shall be made upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the attorney general or by a person or persons designated
by the attorney general. Expenditures from the Kansas highway patrol state forfeiture fund
shall be made upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the superintendent of the highway patrol or by a person or persons
designated by the superintendent. Expenditures from the Kansas department of corrections
state forfeiture fund shall be made upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of the department of corrections or
by a person or persons designated by the secretary. Each agency shall compile and submit
a forfeiture fund report to the legislature on or before February 1 of each year. Such report
shall include, but not be limited to: (A) The fund balance on December 1; (B) the deposits
and expenditures for the previous 12-month period ending December 1. Upon the effective
date of this act, the director of accounts and reports is directed to transfer each agency's
balance in the state special asset forfeiture fund to the agency's new, state forfeiture fund.
All liabilities of the state special asset forfeiture fund existing prior to such date are hereby
imposed on the Kansas bureau of investigation state forfeiture fund, Kansas highway patrol
state forfeiture fund and the Kansas department of corrections state forfeiture fund. The
state special asset forfeiture fund is hereby abolished.
(2) If the law enforcement agency is a city or county agency, the entire amount shall
be deposited in such city or county treasury and credited to a special law enforcement trust
fund. Each agency shall compile and submit annually a special law enforcement trust fund
report to the entity which has budgetary authority over such agency and such report shall
specify, for such period, the type and approximate value of the forfeited property received,
the amount of any forfeiture proceeds received, and how any of those proceeds were
expended.
(3) Moneys in the Kansas bureau of investigation state forfeiture fund, Kansas highway
patrol state forfeiture fund, Kansas department of corrections state forfeiture fund and the
special law enforcement trust funds shall not be considered a source of revenue to meet
normal operating expenses. Such funds shall be expended by the agencies or departments
through the normal city, county or state appropriation system and shall be used for such
special, additional law enforcement purposes as the law enforcement agency head deems
appropriate. Neither future forfeitures nor the proceeds therefrom shall be used in planning
or adopting a law enforcement agency's budget.'';
Also on page 20, in line 14, following ``K.S.A.'' by inserting ``60-4117 and K.S.A.'';
Renumber remaining sections accordingly;
On page 1, in the title, in line 11, following ``K.S.A.'' by inserting ``60-4117 and K.S.A.'';
Also, on motion of Rep. Pauls Sub. HB 2469 be amended on page 16, in line 41, by
striking ``23 and 24'' and inserting ``17 and 18''; and Sub. HB 2469 be passed as amended.
Committee report to SB 92 be adopted; and the bill be passed as amended.
Committee report to SB 240 be adopted; also, on motion of Rep. Cox be amended on
page 1, in line 29, following ``bank'' by inserting ``located in this state''; and SB 240 be
passed as amended.
Committee report to SB 39 be adopted; also, on motion of Rep. Klein to amend, the
motion did not prevail.
Also, on motion of Rep. Alldritt to amend SB 39, the motion was withdrawn. Also, on
further motion of Rep. Alldritt to amend, the motion was withdrawn, and the bill be passed
as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Federal and State Affairs recommends HB 2489 be passed.
The Committee on Governmental Organization and Elections recommends Substitute for SB 271, be amended on page 1, by striking all in lines 18 through 43;
By striking all on pages 2 through 15;
On page 16, by striking all in lines 1 through 15 and inserting:
``Section 1. K.S.A. 25-4142 is hereby amended to read as follows: 25-4142. K.S.A. 25- 4119e, 25-4119f, 25-4119g, 25-4142 to 25-417925-4187, inclusive, and amendments thereto and 25-4119e, 25-4119f, 25-4119g, 25-4148a, 25-4153a, 25-4157a, 25-4169a, 25-4180 to 25- 4185, inclusive, and amendments thereto, shall constitute and may be cited as the ``campaign
finance act.''
Sec. 2. K.S.A. 1998 Supp. 25-4143 is hereby amended to read as follows: 25-4143. As
used in the campaign finance act, unless the context otherwise requires:
(a) ``Candidate'' means an individual who: (1) Appoints a treasurer or a candidate
committee;
(2) makes a public announcement of intention to seek nomination or election to state
or local office;
(3) makes any expenditure or accepts any contribution for such person's nomination or
election to any state or local office; or
(4) files a declaration or petition to become a candidate for state or local office.
(b) ``Candidate committee'' means a committee appointed by a candidate to receive
contributions and make expenditures for the candidate.
(c) ``Clearly identified candidate'' means a candidate who has been identified by the:
(1) Use of the name of the candidate;
(2) use of a photograph or drawing of the candidate; or
(3) unambiguous reference to the candidate whether or not the name, photograph or
drawing of such candidate is used.
(d) ``Commission'' means the governmental ethics commission.
(e) (1) ``Contribution'' means:
(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or
any other thing of value given to a candidate, candidate committee, party committee or
political committee for the express purpose of nominating, electing or defeating a clearly
identified candidate for a state or local office.
(B) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or
any other thing of value made to expressly advocate the nomination, election or defeat of a
clearly identified candidate for a state or local office;
(C) a transfer of funds between any two or more candidate committees, party
committees or political committees;
(D) the payment, by any person other than a candidate, candidate committee, party
committee or political committee, of compensation to an individual for the personal services
rendered without charge to or for a candidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in journals or programs
for, testimonial events;
(F) a mailing of materials designed to expressly advocate the nomination, election or
defeat of a clearly identified candidate, which is made and paid for by a party committee
with the consent of such candidate.
(2) ``Contribution'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer related to the rendering of volunteer services not exceeding a
fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding a fair market value of $50 per event.
(f) ``Election'' means:
(1) A primary or general election for state or local office; and
(2) a convention or caucus of a political party held to nominate a candidate for state or
local office.
(g) (1) ``Expenditure'' means:
(A) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any
other thing of value made by a candidate, candidate committee, party committee or political
committee for the express purpose of nominating, electing or defeating a clearly identified
candidate for a state or local office.
(B) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any
other thing of value made to expressly advocate the nomination, election or defeat of a
clearly identified candidate for a state or local office;
(C) any contract to make an expenditure;
(D) a transfer of funds between any two or more candidate committees, party
committees or political committees; or
(E) payment of a candidate's filing fees.
(2) ``Expenditure'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer incidental to the rendering of volunteer services not exceeding
a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning or
payment of such costs by the treasurer of a candidate or candidate committee;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding fair market value of $50 per event; or
(E) any communication by an incumbent elected state or local officer with one or more
individuals unless the primary purpose thereof is to expressly advocate the nomination,
election or defeat of a clearly identified candidate.
(h) ``Expressly advocate the nomination, election or defeat of a clearly identified
candidate'' means:
(1) Any communication which uses phraseswhich states or substantially is similar to the following, including, but not limited to:
(A) ``Vote for the secretary of state'';
(B) ``re-elect your senator'';
(C) ``support the democratic nominee'';
(D) ``cast your ballot for the republican challenger for governor'';
(E) ``Smith for senate'';
(F) ``Bob Jones in '98'';
(G) ``vote against Old Hickory'';
(H) ``defeat'' accompanied by a picture of one or more candidates; or
(I) ``Smith's the one.'';
(2) any communication of campaign slogans or individual words, which in context have no other reasonable meaning than to support or oppose the nomination, election or defeat of one or more clearly identified candidates; or
(3) any communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, only may be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates because:
(A) The communication is unambiguous and suggestive of only one meaning; and
(B) reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates.
(i) ``Local office'' means a member of the governing body of a city of the first class, any elected office of a unified school district having 35,000 or more pupils regularly enrolled in the preceding school year, a county or of the board of public utilities.
(i)(j) ``Party committee'' means:
(1) The state committee of a political party regulated by article 3 of chapter 25 of the
Kansas Statutes Annotated;
(2) the county central committee or the state committee of a political party regulated
under article 38 of chapter 25 of the Kansas Statutes Annotated;
(3) the bona fide national organization or committee of those political parties regulated
by the Kansas Statutes Annotated;
(4) not more than one political committee established by the state committee of any
such political party and designated as a recognized political committee for the senate; or
(5) not more than one political committee established by the state committee of any
such political party and designated as a recognized political committee for the house of
representatives.
(j)(k) ``Person'' means any individual, committee, corporation, partnership, trust,
organization or association.
(k)(l) ``Political committee'' means any combination of two or more individuals or any
person other than an individual, a major purpose of which is to expressly advocate the
nomination, election or defeat of a clearly identified candidate for state or local office or
make contributions to or expenditures for the nomination, election or defeat of a clearly
identified candidate for state or local office, but not including any candidate committee or party committee.
(l)(m) ``Receipt'' means a contribution or any other money or thing of value, but not
including volunteer services provided without compensation, received by a treasurer in the
treasurer's official capacity.
(m)(n) ``State office'' means any state office as defined in K.S.A. 25-2505, and
amendments thereto.
(n)(o) ``Testimonial event'' means an event held for the benefit of an individual who is
a candidate to raise contributions for such candidate's campaign. Testimonial events include
but are not limited to dinners, luncheons, rallies, barbecues and picnics.
(o)(p) ``Treasurer'' means a treasurer of a candidate or of a candidate committee, a
party committee or a political committee appointed under the campaign finance act or a
treasurer of a combination of individuals or a person other than an individual which is subject
to paragraph (2) of subsection (a) of K.S.A. 25-4172, and amendments thereto.
(p) ``Local office'' means a member of the governing body of a city of the first class, any elected office of a unified school district having 35,000 or more pupils regularly enrolled in the preceding school year, a county or of the board of public utilities.
Sec. 3. K.S.A. 1998 Supp. 25-4156 is hereby amended to read as follows: 25-4156. (a)
(1) Whenever any person sells space in any newspaper, magazine or other periodical to a
candidate or to a candidate committee, party committee or political committee, the charge
made for the use of such space shall not exceed the charges made for comparable use of
such space for other purposes.
(2) Intentionally charging an excessive amount for political advertising is a class A
misdemeanor.
(b) (1) Corrupt political advertising of a state or local office is:
(A) Publishing or causing to be published in a newspaper or other periodical any paid
matter which expressly advocates the nomination, election or defeat of a clearly identified
candidate for a state or local office, unless such matter is followed by the word
``advertisement'' or the abbreviation ``adv.'' in a separate line together with the name of the
chairperson or treasurer of the political or other organization sponsoring the same or the
name of the individual who is responsible therefor;
(B) broadcasting or causing to be broadcast by any radio or television station any paid
matter which expressly advocates the nomination, election or defeat of a clearly identified
candidate for a state or local office, unless such matter is followed by a statement which
states: ``Paid for'' or ``Sponsored by'' followed by the name of the sponsoring organization
and the name of the chairperson or treasurer of the political or other organization sponsoring
the same or the name of the individual who is responsible therefor; or
(C) publishing or causing to be published any brochure, flier or other political fact sheet
which expressly advocates the nomination, election or defeat of a clearly identified candidate
for a state or local office, unless such matter is followed by the name of the chairperson or
treasurer of the political or other organization sponsoring the same or the name of the
individual who is responsible therefor.
The provisions of this subsection (C) requiring the disclosure of the name of an individual
shall not apply to individuals making expenditures in an aggregate amount of less than $2,500 $100 within a calendar year.
(2) Corrupt political advertising of a state or local office by a candidate, candidate committee or party committee is a class C misdemeanor.
Corrupt political advertising of a state or local office during the sixty-day period preceding the election by any person is a class C misdemeanor.
(c) If any provision of this section or application thereof to any person or circumstance
is held invalid, such invalidity does not affect other provisions or applications of this section
which can be given effect without the invalid application or provision, and to this end the
provisions of this section are declared to be severable.
Sec. 4. K.S.A. 25-4142 and K.S.A. 1998 Supp. 25-4143 and 25-4156 are hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its publication in the
statute book.'';
In the title, by striking all in lines 9 through 15 and inserting:
AN ACT concerning elections; relating to campaign finance; amending K.S.A. 25-4142 and
K.S.A. 1998 Supp. 25-4143 and 25-4156 and repealing the existing sections.''; and the
bill be passed as amended.
The Committee on Insurance recommends HB 2066, as amended by House
Committee, be amended as reported in the journal of the house of representatives on
February 6, 1999, and the bill, as printed with amendments by the house committee be
further amended on page 1, in line 34 by striking ``an''; also on page 1, in line 35 by striking
``affidavit'' and inserting ``a certification'';
On page 2, in line 3, following ``sioner'' by inserting a comma; in line 4, by striking the
comma following ``number''; in line 6 by striking the comma following ``icy'';
On page 5, in line 15 by striking ``A'' and inserting ``B''; in line 16 by striking ``$500'' and
inserting ``$300''; also in line 16 by striking ``$2,500'' and inserting ``$1,000''; in line 17 by
striking ``one''; in line 18 by striking ``year'' and inserting ``six months''; in line 21 by striking
``severity level 7, nonperson felony'' and inserting ``class A misdemeanor and shall be subject
to a fine of not less than $800 nor more than $2,500'';
On page 6, in line 34 by striking ``$250'' and inserting ``$100''; also on page 6, in line 38
by striking ``$750'' and inserting ``$300'';
On page 8, in line 2, following ``misdemeanor'' by inserting ``and shall be subject to a fine
of not less than $300 and not more than $1,000'';
On page 10, in line 29 following ``after'' by inserting ``January 1, 2000, and''; and the bill
be passed as amended.
The Committee on Local Government recommends HB 2505 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2505,'' as
follows:
``Substitute for HOUSE BILL No. 2505
By Committee on Local Government
``AN ACT concerning sewer districts; relating to the governing body thereof and the powers
and duties thereof; amending K.S.A. 1998 Supp. 19-101a and repealing the existing
section; also repealing K.S.A. 1998 Supp. 19-101i.'';
and the substitute bill be passed.
(Sub. HB 2505 was thereupon introduced and read by title.)
The Committee on Rules and Journal recommends HR 6015 be adopted.
The Committee on Taxation recommends SB 43 be passed.
The Committee on Taxation recommends HB 2530 be amended on page 1, in line 35,
by striking ``in an impoverished area'';
On page 2, after line 4, by inserting the following:
``(e) ``Contributions'' shall mean and include the donation of cash, services or property
other than used clothing. Stocks and bonds contributed shall be valued at the stock market
price on the date of transfer. Services contributed shall be valued at the standard billing
rate for not-for-profit clients. Personal property items contributed shall be valued at the
lesser of its fair market value or cost to the donor and may be inclusive of costs incurred in
making the contribution, but shall not include sales tax. Contributions of real estate are
allowable for credit only when title thereto is in fee simple absolute and is clear of any
encumbrances. The amount of credit allowable shall be based upon the lesser of two current
independent appraisals conducted by state licensed appraisers.'';
By relettering existing subsections;
Also, on page 2, by striking all in lines 27 through 43;
On page 3, by striking all in lines 1 through 27 and inserting the following:
``New Sec. 2. Any business firm or business entity not subject to Kansas income,
privilege or premiums tax, hereinafter designated the assignor, may sell, assign, convey or
otherwise transfer tax credits allowed and earned pursuant to K.S.A. 79-32,196, and
amendments thereto. Such credits shall be deemed to be allowed and earned by any such
business entity which is only disqualified therefrom by reason of not being subject to such
Kansas taxes. The business firm acquiring earned credits, hereinafter designated the
assignee, may use the amount of the acquired credits to offset up to 100% of its income,
privilege or premiums tax liability for the taxable year in which such acquisition was made.
Only the full credit amount for any one contribution may be transferred and such credit
may be transferred one time. Unused credit amounts claimed by the assignee may be carried
forward for up to five years, except that all such amounts shall be claimed within 10 years
following the tax year in which the contribution was made. The assignor shall enter into a
written agreement with the assignee establishing the terms and conditions of the agreement
and shall perfect such transfer by notifying the director of community development of the
department of commerce and housing in writing within 30 calendar days following the
effective date of the transfer and shall provide any information as may be required by the
director of community development of the department of commerce and housing to
administer and carry out the provisions of this section. The amount received by the assignor
of such tax credit shall be taxable as income of the assignor, and the excess of the value of
such credit over the amount paid by the assignee for such credit shall be taxable as income
of the assignee.'';
Also, on page 3, in line 38, by striking all after the period; by striking all in line 39; in line
40, by striking all before ``If'';
On page 4, after line 2, by inserting the following:
``New Sec. 4. The provisions of this act shall be applicable to all taxable years
commencing after December 31, 1998.'';
Also, on page 4, in line 3, by striking ``and 79-''; in line 4, by striking ``32,196'';
By renumbering existing sections accordingly;
In the title, in line 11, by striking ``and 79-32,196'';
and the bill be passed as amended.
The Committee on Taxation recommends SB 12 be amended on page 1, in line 43, after
the period by inserting ``(a)'';
On page 2, in line 22, after ``may'' by inserting ``, and if the board of county commissioners
so require, shall''; also, in line 22, after ``number'' by inserting ``, address''; after line 31, by
inserting the following:
``(b) For all taxable years commencing after December 31, 1999, there shall be provided
to each taxpayer as an accompaniment to such valuation notice a guide to the property tax
appeals process. The director of the division of property valuation shall devise and publish
such guide, and shall provide sufficient copies thereof to all county appraisers. Such guide
shall include but not be limited to: (1) A restatement of the law which pertains to the process
and practice of property appraisal methodology, including the contents of K.S.A. 79-503a
and 79-1460, and amendments thereto; (2) the procedures of the appeals process, including
the order and burden of proof of each party and time frames required by law; and (3) such
other information deemed necessary to educate and enable a taxpayer to properly and
competently pursue an appraisal appeal.''; and the bill be passed as amended.
The Committee on Taxation recommends SB 45, as amended by Senate Committee of
the Whole, be amended on page 1, in line 19, by striking ``50%'' and inserting ``25%''; and
the bill be passed as amended.
The Committee on Taxation recommends SB 47, as amended by Senate Committee, be
amended on page 6, in line 15, after ``who'' by inserting ``willfully'';
On page 7, in line 5, after ``who'' by inserting ``willfully''; and the bill be passed as
amended.
The Committee on Taxation recommends SB 59, as amended by Senate Committee, be
amended on page 14, in line 18, before the semicolon by inserting ``. Sales tax paid on and
after July 1, 1998, but prior to the effective date of this act upon the gross receipts received
from any sale exempted by the amendatory provisions of this subsection shall be refunded.
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 subsection.
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''; and the bill be passed as amended.
The Committee on Taxation recommends SB 124, as further amended by Senate
Committee, be amended on page 7, in line 19, after the period by inserting ``For purposes
of this paragraph and for all taxable years commencing after December 31, 1976, an adult
care home which uses its property in a manner which is consistent with the federal internal
revenue service ruling 72-124 issued pursuant to section 501(c)(3) of the federal internal
revenue code, shall be deemed to be operating at the lowest feasible cost.'';
On page 8, in line 38, after the period by inserting ``For purposes of this paragraph and
for all taxable years commencing after December 31, 1976, an adult care home which uses
its property in a manner which is consistent with the federal internal revenue service ruling
72-124 issued pursuant to section 501(c)(3) of the federal internal revenue code, shall be
deemed to be operating at the lowest feasible cost.''; and the bill be passed as amended.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 192, by Representative P. Long, congratulating Grant Moody on
acceptance into the Naval Academy;
Request No. 193, by Representative Compton, congratulating the 1999 Cherryvale Boys'
Basketball Team, 3A quarter-final competitors, for teamwork and dedication;
Request No. 194, by Representative Hermes, congratulating Marice Kane on becoming
the 67th Shawnee County Commissioner;
Request No. 195, by Representative Hermes, congratulating David Bussard for opening
Golden Key Realty, Inc.;
Request No. 196, by Representative Johnson, congratulating Nolan Rothe for winning
third place in the Rush County Spelling Bee;
Request No. 197, by Representative Johnson, congratulating Sara Shaw for winning
second place in the Rush County Spelling Bee;
Request No. 198, by Representative Schwartz, congratulating Bernard and Laura Wilson
on 55 years of marriage;
Request No. 199, by Representative Schwartz, congratulating Isabele Ring on her 90th
birthday;
Request No. 200, by Representative Carmody, congratulating Andrew J. Womack on
achieving Eagle Scout;
Request No. 201, by Representative Carmody, congratulating Brian A. Blazek on
achieving Eagle Scout;
Request No. 202, by Representative Carmody, congratulating Phillip D. Schwery on
achieving Eagle Scout;
Request No. 203, by Representative Morrison, congratulating Colby High School 4A
State Basketball champions;
Request No. 204, by Representatives M. Long and Burroughs, congratulating Violet J.
Laing for 50 years of service with Security Bank of Kansas City;
Request No. 205, by Representative Dahl, honoring Judy Mills, National Cattle
Businessman of the Year for 1999;
Request No. 206, by Representatives Ballard, Findley and Sloan, commending the
University of Kansas Mock Trial Team for finishing third at the American Mock Trial
Association Regional Tournament;
Request No. 207, by Representative Schwartz, congratulating the Hanover High School
Boys' Basketball Team on winning the 1999 1A State Championship;
Request No. 208, by Representative Garner, congratulating Jeremy Hull on winning the
national pole vault title at the NJCAA Indoor Track and Field Championships;
Request No. 209, by Representative Krehbiel, congratulating P.F. ``Pete'' Dick on his
100th birthday;
Request No. 210, by Representative Krehbiel, honoring the Moundridge High School
Girls' Basketball Team for winning the 2A State Championship;
Request No. 211, by Representative Schwartz, congratulating the Riley County
HighSchool Girls' Basketball Team on winning the 1999 3A State Championship;
Request No. 212, by Representative Schwartz, congratulating the Belleville High School
Boys' Basketball Team on winning the 1999 3A State Championship;
Request No. 213, by Representative Glasscock, commending Emil Lutz for his critical
role in discovery, presentation, planning and renovation of the original artwork of the Kansas
House of Representatives Chamber;
Request No. 214, by Representative Larkin, congratulating the B & B High School Girls'
Basketball Team on winning the 1A State Championship;
Request No. 215, by Representative Huff, congratulating Richard B. Zernickow on
achieving Eagle Scout;
Request No. 216, by Representative Loyd, commending Bernadine Sitts for a lifetime
of service to education;
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. Weber, 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 2567, An act concerning legislative compensation; amending K.S.A. 46-137e and
repealing the existing section, by Committee on Federal and State Affairs.
HB 2568, An act concerning tobacco; relating to the master settlement agreement;
concerning payment of moneys into escrow; concerning enforcement, by House Select
Committee on Tobacco Settlement Funds.
REPORT ON ENGROSSED BILLS HB 2230, 2276, 2368 reported correctly engrossed March 18, 1999.
REPORT ON ENROLLED BILLS HB 2046, 2050, 2205, 2280, 2321, 2429 reported correctly enrolled, properly signed
and presented to the governor on March 19, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, March 22,
1999.