The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Flower was excused on verified illness.
Prayer by Chaplain Svoboda:
Holy God,
Be with us again today
as we haggle and wrestle,
re-word and re-group,
win one battle,
and lose another.
Give us gentle reminders
to let go of past hurt,
to offer a compromise,
to be gentle with ourselves
and those around us.
Guide us
to improve our laws,
to respect our fellow legislators,
and to appreciate our lives.
We ask these things for Jesus Christ's sake,
Amen.
The Pledge of Allegiance was led by Rep. Palmer.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Committee of the Whole: SB 325.
Federal and State Affairs: SB 278.
Judiciary: SB 299, 347.
Transportation: SB 346.
Utilities: S. Sub. for Sub. SB 257.
MESSAGE FROM THE SENATE
Announcing passage of HB 2549.
Also, announcing passage of HB 2213, as amended; HB 2352, as amended.
The Senate accedes to the request of the House for a conference on HB 2166 and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2227 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2440 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.
COMMUNICATIONS FROM STATE OFFICERS
From Robert F. Hickey, President and CEO, Kansas Foundation for Managed Care, Inc.,
1998 Annual Report.
From Lt. Governor/Secretary Gary Sherrer, pursuant to K.S.A. 74-50,118(b), Annual
Report to the Governor and the Legislature on the Kansas Enterprise Zone Program.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2513, An act making and concerning appropriations for the fiscal years ending June
30, 1999, and June 30, 2000, and authorizing certain financing, for certain capital
improvement projects for the state fair board, department of social and rehabilitation
services, Kansas state school for the blind, Kansas state school for the deaf, department of
corrections, state historical society, insurance department, department of administration,
department of commerce and housing, Fort Hays state university, Kansas state university,
Kansas state university - extension systems and agriculture research programs, Kansas state
university veterinary medical center, Emporia state university, Pittsburg state university,
university of Kansas, university of Kansas medical center, Wichita state university,
department of human resources, Kansas commission on veterans affairs, attorney general -
Kansas bureau of investigation, Kansas highway patrol, adjutant general, department of
wildlife and parks and juvenile justice authority; authorizing the initiation and completion
of certain capital improvement projects; and directing or authorizing certain disbursements
and acts incidental to the foregoing, was considered on final action.
On roll call, the vote was: Yeas 86; Nays 38; Present but not voting: 0; Absent or not
voting: 1.
Sub. HB 2527, An act concerning state moneys; providing for agricultural production
loans; amending K.S.A. 75-4209 and 75-4237 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 116; Nays 8; Present but not voting: 0; Absent or not
voting: 1.
SB 226, An act relating to property taxation; requiring certain actions relating to the
levying thereof; limiting valuation increases, was considered on final action.
On roll call, the vote was: Yeas 89; Nays 35; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote no on SB 226. Although a few things have been added and my
explanation is a little different, this is simply a bad bill. If you lower the tax burden in one
area the result is an increase somewhere else. This bill would cause a shift, reducing taxes
in areas of growth and prosperity and raise taxes in my area where there is little growth.
Grant's rule - when someone pays less someone pays more.--Bob Grant
Mr. Speaker: This bill legalizes appraisal fixing for property tax purposes. It would be
illegal if this were done by appraisers in the open market and our appraisal system is market
driven.
We should and can find other ways to protect property tax payers from unfairness. I vote
no on SB 226.--Gwen Welshimer
Mr. Speaker: I vote yes on SB 226. SB 226 grants taxpayers the right to stop excessive
government growth in governments with their vote. Yet SB 226 permits reasonable and
justifiable government growth. It also places a cap on property tax appraisal growth. Every
hard working taxpayer deserves to be free from excessive government spending and property
tax appraisal increases. I vote for the House to fix SB 226.--Dave Gregory
Mr. Speaker: I vote yes on SB 226. This legislation is only a beginning to control
valuation growth in areas of the State where valuation growth is approved only for the
purpose of generating more government revenue for government spending.--Doug
Spangler
Mr. Speaker: On SB 226 as passed by the Senate, I would vote yes. On SB 226 as
amended by the House, I vote no. Out of frustration, this body proposes to punish local
government for the problems of the state system of property valuation, (a) a system over
which the locals have no control; (b) a system this body acknowledges is flawed, but refuses
to fix. I am as concerned with the level of taxation, particularly that exacted against property,
as is any member of this body. Unfortunately, this measure does not address either the
concern or the problem, it only punishes those we elect to serve us at home.--Ward Loyd,
Gerry Ray, Bob Bethell, Tom Sloan, Ray Cox, Bill Light, Carl Krehbiel
Mr. Speaker: I vote NO on SB 226. The underlying and often unspoken principle of
tax policy is that if you lower the tax burden on one area, the inevitable result is an increase
somewhere else. This bill, as it came over from the Senate was billed as ``truth in taxation''
legislation. Now, with the addition of the Gregory amendment, it is nothing more than a
``shift in taxation.''
Reducing property taxes in areas of growth and prosperity, while raising them in areas of
little economic growth or development is poor tax policy. This bill is more placebo than
panacea. I vote No.--Bill Reardon, Ethel Peterson, Galen Weiland, Eber Phelps
Mr. Speaker: I vote NO on SB 226 because of the Gregory amendment. It unfairly
transfers the State tax burden from the suburbs to our urban and rural areas.
It creates a two-tier tax system where our poorest citizens will pay taxes on the full value
of their property and our more prosperous citizens will pay less than the full value of their
property. The disparity will grow greater every year.
This is not property tax relief. It is a tax cut for the rich to the detriment of the poor.
This is a regressive tax that will become more recessive each year.--Rick Rehorn,
Geraldine Flaharty
Mr. Speaker: This is very bad for my district as values go up slowly and mill levies would
increase to make up the shortfall from areas where values are capped. I vote no on SB 226.--Vaughn Flora
SCR 1611, A concurrent resolution encouraging the United States Environmental
Protection Agency to take certain actions relating to sulfur levels in gasoline, 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. Tanner, the House concurred in Senate amendments to HB 2060,
An act concerning community colleges; revising the definition of credit hour; amending
K.S.A. 71- 601 and repealing the existing section.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Boston, the House concurred in Senate amendments to HB 2215,
An act concerning respiratory therapy; relating to licensure; amending K.S.A. 39-952, 40-
12a01, 65-4116, 65-4921, 65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-5507, 65-5510,
65-5511, 65-5512 and 65-5514 and K.S.A. 1998 Supp. 40-3103, 65-4915, 65-5508, 65-5509,
74-4916 and 74-4960a and repealing the existing sections.
On roll call, the vote was: Yeas 120; Nays 4; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB 2259 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Larkin as
conferees on the part of the House.
On motion of Rep. Hayzlett, the House concurred in Senate amendments to HB 2035,
An act concerning persons with disabilities; relating to accessible parking; amending K.S.A.
8-1,126 and K.S.A. 1998 Supp. 8-1,124, 8-1,125, 8-1,127, 8-1,128, 8-1,129 and 8-1,130a and
repealing the existing sections. (The House requested the Senate to return the bill, which
was in conference).
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2213
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Boston, Henry and Gilmore as
conferees on the part of the House.
On motion of Rep. O'Neal, the House concurred in Senate amendments to HB 2136,
An act concerning the Kansas tort claims act; relating to public officers and employees, legal
representation thereof before grand juries and inquisitions; amending K.S.A. 75-6108 and
repealing the existing section. (The House requested the Senate to return the bill, which
was in conference).
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2352
and asked for a conference.
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 went into Committee of the Whole, with Rep.
Adkins in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Adkins, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2519 be adopted; also, on motion of Rep.
Farmer be amended.
On page 92, following line 21, by inserting the following material to read as follows:
``Children's health care programs fund - at-risk pupil weighting
$4,100,000
Provided, That all expenditures by the above agency from the children's health care programs fund for fiscal year 2000 from the children's health care programs fund -- at-risk pupil weighting account shall be in addition to any expenditure limitation imposed on the children's health care programs fund for fiscal year 2000: Provided further, That expenditures shall be made from this account pursuant to the school district finance and quality performance act.'';
Also, on motion of Rep. Thimesch to amend HB 2519, the motion did not prevail. Also,
on motion of Rep. McClure to amend, the motion did not prevail. Also, on motion of Rep.
Phil Kline to amend, the motion was withdrawn.
Also, roll call was demanded on motion of Rep. Larkin to amend HB 2519 on page 14;
following line 34; by inserting the following:
``(d) In addition to any other purposes for which expenditures may be made by the above
agency from the moneys appropriated from the state general fund or in the legislative special
revenue fund for fiscal year 2000 by this or other appropriation act of the 1999 regular
session of the legislature, expenditures may be made by the above agency from the moneys
appropriated from the state general fund or in the legislative special revenue fund for fiscal
year 2000 for the task force on agricultural issues which task force is hereby established
to study the concentration of agricultural markets, the role of the state in attempting to
guarantee competitive markets, credit problems in agriculture, grain storage problems, the
over supply of agricultural commodities, the federal meat inspection laws, the voluntary
conservation reserve program, the short-term conservation reserve program and such other
matters relating thereto as the task force deems appropriate; and
Provided, That the task force shall consist of 19 members appointed as follows: Four members appointed by the president of the senate, two from among the members of the senate and two from among the citizens of the state at large; four members appointed by the minority leader of the senate, two from among the members of the senate and two from among the citizens of the state at large; four members appointed by the speaker of the house of representatives, two from among the members of the house of representatives and two from among the citizens of the state at large; four members appointed by the minority leader of the house of representatives, two from among the members of the house of representatives and two from among the state at large; and three members appointed by the governor: Provided further, That the president of the senate shall appoint the chairperson from among the legislator members of the task force and the minority leader of the house of representatives shall appoint the vice-chairperson from among the legislator members of the staff force: And provided further, That staffing for the task force shall be available from the legislative research department and the revisor of statutes office as authorized by the legislative coordinating council: And provided further, That the members of the task force shall receive reimbursement for attending meetings of the task force as authorized by the legislative coordinating council consistent with the provisions of K.S.A. 46-1209 and amendments thereto: And provided further, That meetings of the task force shall be held on not less than three days each month from July through December 1999; that such meetings shall be held in locations throughout the state; experts on agricultural market concentration and other agricultural issues may be hired to provide information to the task force subject to approval of the legislative coordinating council; and the task force shall prepare and submit a report and recommendations to the governor and to the legislature on or before January 10, 2000.''
On roll call, the vote was: Yeas 68; Nays 52; Present but not voting: 0; Absent or not voting: 5.
Absent or not voting: Flower, Gregory, Mason, O'Connor, Vickrey.
The motion of Rep. Larkin prevailed.
Also, on motion of Rep. Grant HB 2519 be amended on page 14, in line 19, by striking
``five'' and inserting ``three'';
Also, on motion of Rep. Loyd to amend HB 2519, the motion did not prevail.
Also, on motion of Rep. Phill Kline HB 2519 be amended on page 1, in the title, in line
11, before ``June 30, 2001,'' by inserting ``and''; also in line 11, by striking ``, June 30, 2003,
and June 30, 2004'';
Also, on motion of Rep. Welshimer to amend HB 2519, the motion was withdrawn. Also,
on further motion of Rep. Welshimer to amend, Rep. Phill Kline requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment not germane.
Rep. Welshimer challenged the ruling, the question being ``Shall the Rules Chair be
sustained?'' The Rules Chair was sustained.
Also, on motion of Rep. Helgerson to amend HB 2519, the motion did not prevail. Also,
on further motion of Rep. Helgerson to amend, the motion did not prevail. Also, on further
motion of Rep. Helgerson to amend, the motion did not prevail.
Also, on motion of Rep. Thimesch to amend HB 2519, the motion did not prevail.
Also, roll call was demanded on motion to recommend HB 2519 favorably for passage.
On roll call, the vote was: Yeas 73; Nays 51; Present but not voting: 0; Absent or not
voting: 1.
The motion prevailed; and HB 2519 be passed as amended.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 107, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 6, in line 23, by striking ``certificate'' and inserting in lieu thereof ``license'';
On page 11, by striking all in lines 22 through 31;
And by renumbering sections accordingly;
On page 1, in the title, in line 12, after ``ACT'' by inserting ``concerning the secretary of
health and environment;''; in line 13, by striking ``concerning'' and inserting in lieu thereof
``rescinding the expiration date for''; also in line 13, by striking ``sunset provision;'';
And your committee on conference recommends the adoption of this report.
Ralph M. Tanner
Henry M. Helgerson, Jr.
Cindy Empson
Sandy Praeger
Larry D. Salmans
Chris Steineger
On motion of Rep. Tanner, the conference committee report on SB 107 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.