The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Reps. Howell and O'Connor were excused on excused absence by the Speaker.
Present later: Rep. Howell.
Prayer by guest chaplain, the Rev. J. C. Kelley, pastor, Wesley United Methodist Church,
Parsons, and guest of Rep. O'Brien:
Almighty God,
We come this morning to acknowledge your care over our lives and all
those these men and women represent. Give this House wisdom beyond its
own as they seek to cast the vision, formulate the plans and make the decisions
that will help the people they represent have a better quality of life. Help
them, when there is an impasse to be able to find creative solutions that will
enable them to come to some sort of consensus on what to do. Help them to
listen to each other and truly hear what the other is saying, give them patience
and let them sense your presence as they work.
In Christ's name.
Amen.
The Pledge of Allegiance was led by Rep. Shultz.
PERSONAL PRIVILEGE
Without objection, the following remarks by Rep. Barnes are spread upon the Journal:
Without Equal Pay legislation, Kansas working families lose $2 billion each year. If passed,
it would reduce poverty rates for single mothers from 31.5% to 17.8%. Married women's
families' poverty rates will be reduced from 2.5% to1%, this would result in lowering the
current rate of 1 in 4 children living in poverty, and significantly increase state revenue.
PROCLAMATION BY THE GOVERNOR
To the People of Kansas, Greetings:
WHEREAS, More than 35 years after the passage of the Equal Pay Act and Title VII of
the Civil Rights Act, women continue to suffer the consequences of inequitable pay
differentials; and
WHEREAS, Working women constitute a large segment of the nation's work force today;
and
WHEREAS, Working women deserve and are demanding fair and equal pay for their
time spent on the job; and
WHEREAS, A vast majority of households depend on the wages of a working mother,
and working families are often just one paycheck away from hardship; and
WHEREAS, Fair pay strengthens the security of families today and eases future
retirement costs while enhancing the American economy; and
WHEREAS, April 8, 1999 symbolizes the day on which the wages paid to American
women so far in 1999, when added to women's earnings for all of 1998, finally equal the
1998 earnings of American men:
NOW, THEREFORE, I, BILL GRAVES, GOVERNOR OF THE STATE OF KANSAS,
do hereby proclaim April 8, 1999 as
Equal Pay Day
in Kansas and urge all citizens to recognize the full value of women's skills and significant
contribution to the labor force.
DONE At the Capitol in Topeka
under the Great Seal of
the State this 10th day of
March, A.D. 1999
BY THE GOVERNOR:
Bill Graves
Ron Thornburgh
Secretary of State
Melissa Wangemann
Deputy Assistant Secretary of State
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Federal and State Affairs: HB 2572.
CHANGE OF CONFEREES
Speaker pro tem Mays announced the appointment of Rep. Henry as a member of the
conference committee on HB 2074 to replace Rep. Storm.
MESSAGES FROM THE GOVERNOR HB 2035, 2049, 2060, 2102, 2136, 2146, 2156, 2214, 2221, 2266, 2380, 2549
approved on April 7, 1999.
MESSAGE FROM THE SENATE
Announcing passage of SB 317.
Announcing adoption of SCR 1612.
Announcing passage of Sub. HB 2322, as amended; HB 2538, as amended; HB 2548,
as amended.
The Senate concurs in House amendments to SB 19, and requests return of the bill.
The Senate concurs in House amendments to Sub. SB 117, and requests return of the
bill.
The Senate concurs in House amendments to SB 230, and requests return of the bill.
The Senate adopts conference committee report on H. Sub. for SB 60.
The Senate adopts conference committee report on SB 62.
The Senate adopts conference committee report on SB 65.
The Senate adopts conference committee report on HB 2033.
The Senate adopts conference committee report on HB 2090.
The Senate adopts conference committee report on HB 2140.
The Senate adopts conference committee report on HB 2213.
The Senate adopts conference committee report on HB 2362.
The Senate not adopts the conference committee report on HB 2071, requests a new
conference committee be appointed and has appointed Senators Langworthy, Kerr,
Vidricksen, Petty and Lee as third conferees on the part of the Senate.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bill and concurrent resolution were thereupon introduced and read
by title:
SB 317; SCR 1612.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on HB 2071.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou, Aurand, Larkin and
Findley as third conferees on the part of the House.
INTRODUCTION OF ORIGINAL MOTIONS
Roll call was demanded on motion of Rep. Jenkins to remove Sub. SB 271 from the
table (see previous action, HJ p. 609).
On roll call, the vote was: Yeas 56; Nays 66; Present but not voting: 0; Absent or not
voting: 3.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS Sub. HB 2007, An act concerning abortion; amending K.S.A. 1998 Supp. 65-445, 65-
2837, 65-6701, 65-6703 and 65-6709 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 65-2837b and 65-6721, was considered on final action.
On roll call, the vote was: Yeas 79; Nays 44; Present but not voting: 0; Absent or not
voting: 2.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote yes on HB 2007 because the exception of ``to prevent a substantial
and irreversible impairment of a major bodily function'' includes the mental health
exception. It is my legislative intent to include the mental health exception in any abortion
performed on a post-viable fetus.--L. Candy Ruff, Deena Horst
Mr. Speaker: I reluctantly vote NO on HB 2007. I say ``reluctantly'' because I believe
this bill still includes a mental health exception within it, and I believe in that idea.
However, I still vote NO because I am opposed to the legislature even being involved in
what I believe should be a very private matter.--Ethel Peterson, Annie Kuether,
Dixie Toelkes, Nancy Kirk, Geraldine Flaharty, Lisa Benlon
Mr. Speaker: I vote no on HB 2007 because this bill repeals the ban on partial birth
abortion.--Cindy Hermes, Lynn Jenkins
Mr. Speaker: I voted no on Sub. HB 2007 because it repeals the bill we passed last
year. I object to narrowing the options a woman has. Only the person seeking this procedure
knows the reasons. Their life, health and mental stability is their decision.--Mary Compton
HB 2410, An act concerning cemeteries; relating to the acquisition of land and the
financing of costs thereof, was considered on final action.
On roll call, the vote was: Yeas 111; Nays 12; Present but not voting: 0; Absent or not
voting: 2.
HB 2568, An act concerning tobacco; relating to the master settlement agreement;
concerning payment of moneys into escrow; concerning enforcement, was considered on
final action.
On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Wagle, the House nonconcurred in Senate amendments to HB 2489
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Wagle, Franklin and Klein as conferees
on the part of the House.
On motion of Rep. Phill Kline, the House nonconcurred in Senate amendments to HB 2548 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Phill Kline, Neufeld and Nichols as
conferees on the part of the House.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2090, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee
amendments, as follows:
On page 4, following line 31, by inserting new sections 6, 7 and 8 as follows:
``New Sec. 6. (a) Any insurance company may convert to a Kansas insurance reciprocal
in accordance with a plan for the conversion of the insurance company into an insurance
reciprocal filed with and approved by the commissioner.
(b) The commissioner may establish reasonable requirements and procedures for the
submission and approval of a conversion plan authorized by subsection (a).
(c) No conversion plan shall be approved under this section unless such conversion
plan includes:
(1) A provision for the conversion of existing stockholder or policyholder interests in
the insurance company into reciprocal or exchange subscriber interests in the insurance
reciprocal so that each subscriber's interest in the resulting Kansas insurance reciprocal shall
be fairly proportionate to such subscriber's interest in the insurance company;
(2) a provision for the amendment of the insurance company's existing articles of
incorporation or other chartering document to a subscriber's agreement which complies
with the provisions of K.S.A. 40-1602 and 40-1603 and amendments thereto;
(3) a copy of the proposed subscriber's agreement;
(4) proof of the approval or adoption of the conversion plan by not less than 75% of
the shares or policyholders entitled to vote, represented either in person or by proxy, at a
duly called regular or special meeting of the stockholders or policyholders of the insurance
company at which a quorum, as determined by the bylaws or other chartering documents
of the insurance company, is present:
(5) a transition plan for the change of governance of the insurance company from the
board of directors and officer structure of the insurance company to the insurance reciprocal
which shall be governed by article 16 of chapter 40 of the Kansas Statutes Annotated and
amendments thereto; and
(6) any other information required by the commissioner.
(d) The commissioner shall approve the conversion plan if the commissioner finds that
the proposed conversion will:
(1) Not be detrimental to the interests of the stockholders or policyholders of the
insurance company;
(2) not be detrimental to the interests of the state of Kansas; and
(3) not render the insurer incapable of fulfilling the insurer's contractual obligations.
(e) Upon approval of a conversion plan under this section, the commissioner shall issue
a new or amended certificate of authority, which shall be deemed to be the final act of
conversion at which time the insurance company shall concurrently become an insurance
reciprocal. The insurance reciprocal shall be deemed to be a continuation of the insurance
company and deemed to have been organized at the time the converted insurance company
was organized.
(f) Each insurance reciprocal created pursuant to this section shall comply with all
provisions of K.S.A. 40-1612, and amendments thereto.
(g) Any conversion of an insurance company to a reciprocal shall not be subject to the
provisions of K.S.A. 40-3304, and amendments thereto.
(h) For the purposes of this section:
(1) ``Commissioner'' means the commissioner of insurance.
(2) ``Insurance company'' means a stock or mutual insurance company.
(3) ``Insurance reciprocal'' means a reciprocal or interinsurance exchange established
to exchange reciprocal or interinsurance contracts with subscribers to provide indemnity
among themselves.
New Sec. 7. Within 15 days of the date of the commissioner's approval or denial of
the conversion plan submitted in accordance with section 5, and amendments thereto, the
insurance company shall have the right to request a hearing by filing a written request with
the commissioner. The commissioner shall conduct the hearing in accordance with the
provisions of the Kansas administrative procedure act within 30 days after such request is
filed. Any action of the commissioner pursuant to this section is subject to review in
accordance with the provisions of the act for judicial review and civil enforcement of agency
actions.
New Sec. 8. The provisions of sections 6 and 7, and amendments thereto, shall be
supplemental to article 16 of chapter 40 of the Kansas Statutes Annotated and amendments
thereto.'';
And by renumbering the sections accordingly;
On page 1, in the title, in line 12, by striking ``accident and health''; on line 13 after the
semicolon by inserting ``establishing a procedure for the conversion of a stock or mutual
insurance company into an insurance reciprocal;'';
And your committee on conference recommends the adoption of this report.
Don Steffes
Sandy Praeger
Paul Feleciano, Jr.
Robert Tomlinson
Don Myers
Eber Phelps
On motion of Rep. Tomlinson, the conference committee report on HB 2090 was
adopted.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2140, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee
amendments, as follows:
On page 1, in line 25, before ``to'' by inserting ``, at least two of the three of whom shall
have experience in the valuation of real estate,'';
On page 4, in line 10, by striking all after ``methods''; by striking all in line 11; in line 12,
by striking ``appraisers'';
And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Michael R. O'Neal
Tim Carmody
Janice L. Pauls
On motion of Rep. O'Neal, the conference committee report on HB 2140 was adopted.
On roll call, the vote was: Yeas 115; Nays 8; Present but not voting: 0; Absent or not
voting: 2.
EXPLANATION OF VOTE
Mr. Speaker: I vote yes on HB 2140. Although the bill does not go far enough to protect
the interests of private property owners, it does begin the process of strengthening the
protection of homeowners' and landowners' rights in the State of Kansas.
If this simple measure would have been in place last year, hundreds of families who
became refugees by the development of the NASCAR race track would have enjoyed greater
protection.
This bill is for Louise Reed, John and Romelia Williams, Bob Creason, Bill and Monica
Goble, Janie and Bob Stockman, T.R. Henry, and Howard and Virginia Miller, who labored
diligently to protect the rights of their neighbors and fellow citizens.--Doug Spangler
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2213, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 27, in line 1, by striking ``this act'' and inserting ``K.S.A. 74-5361 et seq. and
amendments thereto'';
On page 32, in line 31, by striking ``January'' and inserting ``July'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Chris Steineger
Larry D. Salmans
Garry Boston
Phyllis Gilmore
Jerry Henry
On motion of Rep. Gilmore, the conference committee report on HB 2213 was adopted.
On roll call, the vote was: Yeas 120; Nays 4; Present but not voting: 0; Absent or not
voting: 1.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2033, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, by striking all in line 42;
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Chris Steineger
Larry D. Salmans
Garry Boston
Phyllis Gilmore
Jerry Henry
On motion of Rep. Boston, the conference committee report on HB 2033 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2362, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee
amendments, as follows:
On page 1, in line 18, by striking ``section'' and inserting ``act''; by striking all in line 43;
By striking all of pages 2 through 8;
On page 9, by striking all in lines 1 through 39;
And by renumbering sections accordingly;
On page 1, in the title, in line 10, by striking all after ``ACT''; in line 11, by striking all
before ``enacting''; in line 12, by striking all after the semicolon; in line 13, by striking all
before ``repealing'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Chris Steineger
Larry D. Salmans
Garry Boston
Phyllis Gilmore
Jerry Henry
On motion of Rep. Boston, the conference committee report on HB 2362 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; 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.
J. Peterson in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. J. Peterson, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2115 be passed.
HCR 5041 be adopted.
Committee report to HB 2558 be adopted; also, on motion of Rep. Aurand to amend,
Rep. Adkins requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment not germane.
Also, on motion of Rep. Adkins HB 2558 be amended on page 2, in line 13, after the
period, by inserting ``On and after July 1, 1999, whenever the children's health care programs
fund, or words of like effect, is referred to or designated by statute, contract or other
document, such reference or designation shall be deemed to apply to the Kansas endowment
for youth fund.'';
On page 3, in line 21, by striking ``children's trust'' and inserting ``Kansas endowment
for youth''; in line 43, by striking ``children's'';
On page 4, in line 1, by striking ``trust'' and inserting ``Kansas endowment for youth''; in
line 3, by striking ``children's''; in line 4, by striking ``trust'' and inserting ``Kansas endowment
for youth''; in line 7, by striking ``chil-''; in line 8, by striking ``dren's trust'' and inserting
``Kansas endowment for youth'';
On page 6, in line 13, after ``audit'' by inserting ``work''; in line 17, after ``audit'' by
inserting ``or other audit work'';
On page 15, in line 9, by striking ``children's trust'' and inserting ``Kansas endowment
for youth'';
On page 22, following line 1, by inserting the following:
``(i) On the effective date of this act, the advisory committee on children and families
is hereby abolished and all powers, duties, functions, records and other property of the
advisory committee on children and families are hereby transferred to the Kansas children's
cabinet created by this section. Except as otherwise specifically provided by this act, the
Kansas children's cabinet shall be a continuation of the advisory committee on children and
families as it existed prior to the effective date of this act.'';
In the title, in line 11, after ``children'' by inserting a semicolon; and HB 2558 be passed
as amended.
Committee report to SB 345 be adopted; also, on motion of Rep. Reinhardt to amend,
the motion was withdrawn.
Also, rose and reported progress (see further action, Afternoon Session).
MESSAGE FROM THE SENATE
The President announced the appointment of Senator Biggs as a member of the
conference committee on SB 108 to replace Senator Feleciano.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2538
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as
conferees on the part of the House.
COMMITTEE ASSIGNMENT CHANGES
Speaker pro tem Mays announced the reappointment of Rep. Tanner, Chair; Reps.
Shriver and Dean to the CD-ROM Committee;
Also, the appointment of Reps. Stone and Krehbiel to replace Reps. Mays and O'Neal
on the committee.
On motion of Rep. Glasscock, the House recessed until 3:00 p.m.
______
Afternoon Session
The House met pursuant to recess with Speaker pro tem Mays in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
HB 2573, An act concerning the restoration of the Kansas capitol; creating the capitol
restoration trust fund; establishing the capitol restoration commission; prescribing certain
powers, duties and functions; providing for certain transfers from the state general fund;
amending K.S.A. 75-6702 and repealing the existing section, by Committee on
Appropriations.
MESSAGES FROM THE GOVERNOR HB 2197 approved on April 8, 1999.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
J. Peterson in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. J. Peterson, Committee of the Whole report, as follows, was adopted:
Recommended that discussion resume on SB 345 (see Committee of the Whole, Morning
Session). Also, on motion of Rep. Reinhardt be amended on page 18, in line 31, before
``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 31, before ``is'', by inserting ``shall be
and'';
On page 23, in line 3, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 3,
before ``is'', by inserting ``shall be and''; in line 18, by striking ``2000'' and inserting ``2001'';
in line 20, by striking ``1999'' and inserting ``2000''; in line 22, by striking ``2000'' and inserting
``2001''; in line 23, by striking ``2001,''; in line 33, before ``K.S.A.'', by inserting ``On July 1,
1999,''; also in line 33, before ``is'', by inserting ``shall be and'';
On page 26, in line 11, after ``section'', by inserting ``shall take effect and be in force on
July 1, 1999, and''; in line 12, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line
12, before ``is'', by inserting ``shall be and''; in line 20, before ``K.S.A.'', by inserting ``On
July 1, 1999,''; also in line 20, before ``is'', by inserting ``shall be and''; in line 22, after the
comma, by inserting ``do''; in line 28, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also
in line 28, before ``is'', by inserting ``shall be and'';
On page 27, in line 40, after ``section'', by inserting ``shall take effect and be in force on
July 1, 1999, and''; in line 41, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line
41, before ``is'', by inserting ``shall be and'';
On page 28, in line 7, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 7,
before ``is'', by inserting ``shall be and''; in line 10, by striking ``acts amendatory thereof''
and inserting ``amendments thereto''; in line 11, by striking ``twenty-third'' and inserting
``Twenty-third''; in line 14, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 14,
before ``is'', by inserting ``shall be and''; in line 24, before ``K.S.A.'', by inserting ``On July 1,
1999,''; also in line 24, before ``is'', by inserting ``shall be and''; in line 31, by striking ``grant'';
in line 39, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 39, before ``is'', by
inserting ``shall be and''; in line 43, by striking ``grant'';
On page 29, in line 43, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 43,
before ``is'', by inserting ``shall be and'';
On page 30, in line 26, by striking ``2000'' and inserting ``2001'' in line 29, after ``FTE'',
by inserting ``lower division''; by striking all of lines 32 through 38; following line 38, by
inserting a new paragraph as follows:
``(2) (A) in the 2001 fiscal year, compute 50% of the amount determined under (1); (B)
in the 2002 fiscal year, compute 55% of the amount determined under (1); (C) in the 2003
fiscal year, compute 60% of the amount determined under (1); in the 2004 fiscal year and
in each fiscal year thereafter, compute 65% of the amount determined under (1);'';
On page 31, in line 10, by striking ``is entitled to receive for'' and inserting ``received in'';
also in line 10, before ``fiscal'', by inserting ``preceding''; in line 22, after ``university'', by
inserting ``and the term lower division undergraduate student means a freshman or sopho-
more''; in line 23, by striking ``2000'' and inserting ``2001''; in line 30, by striking ``1999'' and
inserting ``2000''; in line 32, by striking ``2000'' and inserting ``2001''; in line 41, by striking
``2000'' and inserting ``2001'';
On page 32, in line 8, by striking ``2000'' and inserting ``2001''; in line 9, before ``K.S.A.'',
by inserting ``On July 1, 1999,''; also in line 9, before ``is'', by inserting ``shall be and''; in
line 16, by striking ``grants'' and inserting ``entitlements''; in line 32, by striking ``as a state
grant''; in line 42, by striking ``as a state grant'';
On page 33, in line 3, before ``K.S.A.'', by inserting ``On July 1, 2000,''; also in line 3, after
``71-605'', by inserting ``shall be and'';
On page 34, in line 4, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 4,
before ``is'', by inserting ``shall be and'' in line 7, by striking ``grant'' and inserting ``entitle-
ment''; in line 14, by striking ``grant'' and inserting ``entitlement'';
On page 35, in line 2, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 2,
before ``is'', by inserting ``shall be and''; in line 4, by striking ``grant'' and inserting ``entitle-
ment''; in line 16, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 16, before
``is'', by inserting ``shall be and''; in line 25, before ``K.S.A.'', by inserting ``On July 1, 1999,'';
also in line 25, before ``is'', by inserting ``shall be and''; in line 36, by striking ``grants'' and
inserting ``entitlements''; in line 38, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in
line 38, before ``is'', by inserting ``shall be and'';
On page 36, in line 8, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 8,
before ``is'', by inserting ``shall be and''; in line 10, by striking ``grants'' and inserting ``enti-
tlements''; in line 15, before ``K.S.A'', by inserting ``On July 1, 1999,''; also in line 15, before
``is'', by inserting ``shall be and''; in line 22, before ``K.S.A.'', by inserting ``On July 1, 1999,'';
also in line 22, before ``is'', by inserting ``shall be and''; in line 31, before ``K.S.A.'', by inserting
``On July 1, 1999,''; also in line 31, before ``is'', by inserting ``shall be and'';
On page 37, in line 3, by striking ``grant'' and inserting ``entitlement''; in line 6, before
``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 6, before ``is'', by inserting ``shall be
and'';
On page 38, in line 8, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 8,
before ``is'' by inserting ``shall be and''; following line 21, by inserting three new sections as
follows:
``Sec. 54. On July 1, 1999, K.S.A. 1998 Supp. 71-602 shall be and is hereby amended
to read as follows: 71-602. (a) Each community college is entitled to receive credit hour
state aid. The basis for payments of credit hour state aid for community colleges for each
credit hour of each duly enrolled student shall be: (1) For each credit hour in any subject
or course which is not part of a vocational education program approved by the state board
under the provisions of article 44 of chapter 72 of Kansas Statutes Annotated, an amount
which shall be provided for by the legislature in acts making appropriations for the credit
hour state aid entitlement of community colleges; and (2) for each credit hour in any subject
or course which is part of a vocational education program approved by the state board under
the provisions of article 44 of chapter 72 of Kansas Statutes Annotated, an amount which
shall be determined by the state board by multiplying by 11/2 the amount provided for by
the legislature under (1), except that the amount provided for by the legislature under (1)
for each credit hour of each student shall be multiplied by two if the credit hour is in any
subject or course which is part of an approved vocational education program which is offered
in a community college which is also officially designated as an area vocational school by
the state board or if the credit hour is in any subject or course which is part of an approved
vocational education program transferred to a community college in accordance with an
agreement made and entered into under authority of K.S.A. 71-1507, and amendments
thereto.
(b) Credit hour state aid payments shall be made only for credit hours of duly enrolled
students if such students, as determined by the state board, are residents of the state of
Kansas or are considered residents of the state of Kansas pursuant to the provisions of K.S.A.
1998 Supp. 71-407, and amendments thereto.
(c) The determination of credit hours of duly enrolled students shall be made at times
prescribed by the state board of education.
(d) The provisions of this section shall expire on June 30, 2000.
Sec. 55. On July 1, 1999, K.S.A. 1998 Supp. 71-607 shall be and is hereby amended to
read as follows: 71-607. (a) Each community college is entitled to receive out-district state
aid payments in amounts determined as provided in this section. From reports and infor-
mation provided by each community college, and from such additional audits and investi-
gations as are conducted by the state department of educationboard of regents, the state
board shall determine the amount of out-district tuition each community college is entitled
to bill to counties each year, and the entitlement to out-district state aid of each community
college shall be an amount equal thereto plus (1) an amount equal to the amount of out-
district tuition disallowed under the provisions of K.S.A. 71-304, and amendments thereto,
and (2) an amount equal to the amount of out-district tuition disallowed under the provisions
of subsection (c) of K.S.A. 71-609section 32, and amendments thereto, and (3) an amount
equal to the number of duly enrolled students considered residents of the state pursuant to
the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto, times the amount
specified in subsection (c) of K.S.A. 71-301(b) of section 28, and amendments thereto, for
each credit hour of each such duly enrolled student.
(b) (1) Out-district state aid payments shall be made only for credit hours of students
specified in provision (3) of subsection (a) if such students, as determined by the state board,
have not more than 64 credit hours from any institution of postsecondary education or the
students have not more than 72 credit hours and are enrolled in terminal type nursing
courses or freshman-sophomore level preengineering courses.
(2) The credit hour limitations prescribed by provision (1) of this subsection do not
apply to credit hours of students if such students, as determined by the state board, are
enrolled in an approved vocational education program at a community college for the pur-
pose of receiving vocational or technical training or retraining in preparation for gainful
employment.
(c) The provisions of this section shall expire on June 30, 2000.
Sec. 56. On July 1, 1999, K.S.A. 1998 Supp. 71-619 shall be and is hereby amended to
read as follows: 71-619. (a) Each community college is entitled to receive general state aid
payments in amounts determined by the state board as provided in this section.
(b) In each fiscal year, the state board shall:
(1) Determine full-time equivalent enrollment of each community college and total full-
time equivalent enrollment of all community colleges.
(2) Determine the assessed valuation of each community college.
(3) Compute the assessed valuation per student of each community college by dividing
its assessed valuation by its full-time equivalent enrollment. The quotient is the assessed
valuation per student of the community college.
(4) Determine the median assessed valuation per student of all community colleges by
ranking the community colleges from high to low on the basis of assessed valuation per
student of each community college and identify the community college which is located at
the median. The median assessed valuation per student of all community colleges is the
assessed valuation per student of the community college identified as being located at the
median.
(5) Compute the wealth factor of each community college by dividing the median as-
sessed valuation per student of all community colleges by the assessed valuation per student
of the community college. The quotient is the wealth factor of the community college.
(6) Determine on the basis of total full-time equivalent enrollment of all community
colleges a per student guarantee by computing the amount thereof which is required to
distribute to the community colleges the total amount of the appropriation from the state
general fund for general state aid for the fiscal year.
(7) Multiply the per student guarantee determined in provision (6) by the full-time
equivalent enrollment of the community college.
(8) Multiply the product obtained in provision (7) by the wealth factor of the community
college. The product is the amount of general state aid to which the community college is
entitled.
(c) As used in this section:
(1) ``Assessed valuation of a community college'' means the assessed valuation of the
taxable tangible property within the community college district.
(2) ``Taxable tangible property'' means all real and tangible personal property which is
subject to general ad valorem taxation.
(3) ``Full-time equivalent enrollment'' means the quotient obtained by dividing by 15
the total credit hour enrollment of students of a community college who on September 15
are residents of the state of Kansas or are considered residents of the state of Kansas pur-
suant to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto, plus the total
credit hour enrollment of such students of the community college for courses taught in the
summer term and for courses approved to be conducted as of September 15, the beginning
dates of which courses are after September 15 but prior to December 1.
(d) The provisions of this section shall expire on June 30, 2000.'';
By renumbering sections accordingly;
Also on page 38, in line 22, before ``K.S.A.'', by inserting ``On July 1, 2000,''; also in line
22, after ``72-6501'', by inserting ``shall be and'';
On page 39, in line 2, before ``K.S.A.'', by inserting ``On July 1, 2000,''; also in line 2, after
``72-6503'', by inserting ``shall be and''; in line 4, by striking ``2000'' and inserting ``2001''; in
line 20, after ``FTE'', by inserting ``lower division''; by striking all of lines 22 through 28;
following line 28, by inserting a new paragraph as follows:
``(2) (A) in the 2001 fiscal year, compute 50% of the amount determined under (1); (B)
in the 2002 fiscal year, compute 55% of the amount determined under (1); (C) in the 2003
fiscal year, compute 60% of the amount determined under (1); (D) in the 2004 fiscal year
and in each fiscal year thereafter, compute 65% of the amount determined under (1);''; in
line 40, by striking ``is entitled to receive for the'' and inserting ``received in the preceding'';
On page 40, in line 6, after ``university'', by inserting ``and the term lower division un-
dergraduate student means a freshman or sophomore''; in line 11, by striking ``2000'' and
inserting ``2001''; in line 17, by striking ``1999'' and inserting ``2000''; in line 19, by striking
``2000'' and inserting ``2001''; in line 28, by striking ``2000'' and inserting ``2001''; in line 36,
by striking ``2000'' and inserting ``2001''; in line 37, before ``K.S.A.'', by inserting ``On July
1, 2000,'' also in line 37, after ``72-6504'', by inserting ``shall be and'';
On page 41, in line 15, before ``K.S.A.'', by inserting ``On July 1, 2000,''; also in line 15,
after ``72-6505'', by inserting ``shall be and''; in line 32, before ``K.S.A.'', by inserting ``On
July 1, 2000,''; also in line 32, after ``72-6506'', by inserting ``shall be and'';
On page 42, in line 4, before ``K.S.A.'', by inserting ``On July 1, 2000,''; also in line 4, after
``72-6508'', by inserting ``shall be and''; in line 15, before ``K.S.A.'', by inserting ``On July 1,
2000,''; also in line 15, after ``72-6509'', by inserting ``shall be and''; in line 20, before
``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 20, before ``is'', by inserting ``shall be
and''; in line 38, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 38, before
``is'', by inserting ``shall be and'';
On page 44, in line 6, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 6,
before ``is'', by inserting ``shall be and''; in line 28, before ``K.S.A.'', by inserting ``On July 1,
1999,''; also in line 28, before ``is'', by inserting ``shall be and'';
On page 45, in line 7, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 7,
before ``is'', by inserting ``shall be and''; in line 20, before ``K.S.A.'', by inserting ``On July 1,
1999,''; also in line 20, before ``is'', by inserting ``shall be and''; in line 37, before ``K.S.A.'',
by inserting ``On July 1, 1999,''; also in line 37, before ``is'', by inserting ``shall be and'';
On page 46, in line 5, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 5,
before ``is'', by inserting ``shall be and''; in line 33, before ``fiscal'', by inserting ``preceding'';
in line 36, by striking ``2000 through 2003'' and inserting ``2001 through 2004''; in line 40,
by striking ``2000'' and inserting ``2001''; in line 42, by striking ``1999'' and inserting ``2000'';
On page 47, in line 2, by striking ``2000'' and inserting ``2001''; in line 4, by striking ``2001
through 2003'' and inserting ``2002 through 2004''; in line 13, by striking ``2000 through
2003'' and inserting ``2001 through 2004''; in line 16, by striking ``2003'' and inserting ``2004'';
in line 34, by striking ``is entitled''; in line 35, by striking ``to receive for the'' and inserting
``received in the preceding'';
On page 48, in line 5, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 5,
before ``is'', by inserting ``shall be and''; in line 36, before ``K.S.A.'', by inserting ``On July 1,
1999,''; also in line 36, before ``is'', by inserting ``shall be and'';
On page 51, in line 43, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 43,
before ``is'', by inserting ``shall be and'';
On page 52, in line 11, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 11,
before ``is'', by inserting ``shall be and''; in line 29, before ``K.S.A.'', by inserting ``On July 1,
1999,''; also in line 29, before ``is'', by inserting ``shall be and'';
On page 53, in line 10, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 10,
before ``is'', by inserting ``shall be and''; in line 21, before ``K.S.A.'', by inserting ``On July 1,
1999,''; also in line 21, before ``is'', by inserting ``shall be and''; in line 32, before ``K.S.A.'',
by inserting ``On July 1, 1999,''; also in line 32, before ``is'', by inserting ``shall be and'';
On page 54, in line 40, before ``K.S.A.'', by inserting ``On July 1, 1999,''; also in line 40,
before ``is'', by inserting ``shall be and'';
On page 55, in line 13, by striking ``New''; in line 16, by striking ``71-605,''; in line 17,
after ``72-4424,'', by striking ``72-''; by striking all of line 18; in line 19, by striking ``6509,'';
following line 23, by inserting a new section as follows:
``Sec. 87. On July 1, 2000, K.S.A. 71-605, 72-6501, 72-6502, 72-6503, 72-6504, 72-6505,
72-6506, 72-6508 and 72-6509 shall be and are hereby repealed.'';
By renumbering section 84 as section 88;
Also on page 55, in line 24, by striking ``New'';
In the title, in line 24, by striking ``19-101i,''; also in line 24, after ``71-407,'', by inserting
``71-602, 71-607,''; in line 25, before ``71-613a'', by striking ``and'' and inserting a comma;
also in line 25, after ``71-613a'', by inserting ``and 71-619''; in lines 27 and 28, by striking ``,
71-602, 71-607, 71-619'';
Also, on motion of Rep. Ballou to amend SB 345, the motion did not prevail.
Also, on motion of Rep. Freeborn SB 345 be amended on page 31, in line 29, before
``and'', by inserting ``,out-district tuition'';
Also, roll call was demanded on motion to recommend SB 345 favorably for passage.
On roll call, the vote was: Yeas 76; Nays 46; Present but not voting: 0; Absent or not
voting: 3.
Absent or not voting: Helgerson, O'Connor, Pottorff.
The motion prevailed and SB 345 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Kansas 2000 Select Committee recommends HB 2570 be passed.
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 introduced and read by title:
HOUSE CONCURRENT RESOLUTION No. 5042--
By Representative Shriver
A CONCURRENT RESOLUTION providing for a special committee to make a legislative
study concerning the flooding of 1998.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the legislative coordinating council shall appoint or designate a special com-
mittee to study the causes of the 1998 flood in southeastern Kansas, the adequacy and
coordination of responses to the flooding, prevention of similar flooding in the future, meas-
ures to decrease damage resulting from similar future floods and such other matters as the
legislative coordinating council may specify; and
Be it further resolved: That such special committee shall complete its study and transmit
its report and recommendations to the legislative coordinating council on or before Decem-
ber 1, 1999, unless the legislative coordinating council authorizes an extension of that time.
MESSAGE FROM THE SENATE
The President announced the appointment of Senator Oleen as a member of the confer-
ence committee on SB 149 to replace Senator Pugh.
REPORT ON ENGROSSED BILLS HB 2565 reported correctly re-engrossed April 7, 1999.
REPORT ON ENGROSSED RESOLUTIONS HCR 5021 reported correctly engrossed April 7, 1999.
READING AND CORRECTION OF THE JOURNAL
In the Journal, on page 722, under the Conference Committee Report on HB 2071,
Gary Hayzlett should be inserted as the first conferee under Conferees on the part of the
House.
On motion of Rep. Glasscock, the House adjourned until 9:00 a.m., Friday, April 9, 1999.