February 4, 1999
Journal of the Senate
EIGHTEENTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, February 4, 1999-2:30 p.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Feleciano was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
From time to time I am tempted to wonder if You have anything to do with the
legislative process.
After all, are you really interested in committee meetings, caucuses, floor debates,
messages from the Governor, messages from the House, sub-committees, joint
committees, conference committees, press conferences, resolutions? What do you care
about transportation, education, taxes, and the myriad of other issues we deal with hours
on end?
Then I get to thinking....governments do not exist without Your permission, O, God.
And surely the God Who keeps a record of every hair on every person's head (although
that's a lot easier for You to do on some of us), and the God Who takes note of every
sparrow that perishes is surely taking notes on everything that happens under the old
green dome.
That's because everything we do affects people, and You have a vested, loving interest
in every person.
So I have to believe that You are present in every committee, every floor debate, every
General Order, every Final Action. And it behooves us all to consult You on a regular
basis.
I pray in the Name of Jesus,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 234, An act concerning workers compensation; relating to work disability; amending
K.S.A. 1998 Supp. 44-510e and repealing the existing section, by Committee on Commerce.
SB 235, An act concerning workers compensation; relating to the selection of
administrative law judges; amending K.S.A. 75-5708 and repealing the existing section, by
Committee on Commerce.
SB 236, An act concerning workers compensation; relating to permanent partial general
disability; amending K.S.A. 1998 Supp. 44-510e and repealing the existing section, by
Committee on Commerce.
SB 237, An act concerning workers compensation; relating to preexisting conditions and
cumulative trauma injuries; amending K.S.A. 1998 Supp. 44-501 and 44-508 and repealing
the existing sections, by Committee on Commerce.
SB 238, An act concerning autopsies of certain persons; amending K.S.A. 22a-233 and
repealing the existing section, by Committee on Federal and State Affairs.
SB 239, An act concerning cigarettes and tobacco products; relating to the sale
anddistribution thereof; amending K.S.A. 79-3313, 79-3321 and 79-3326 and K.S.A. 1998
Supp. 79-3322 and repealing the existing sections, by Committee on Federal and State
Affairs.
SB 240, An act concerning the bank commissioner; relating to duties and qualifications;
amending K.S.A. 75-1304 and repealing the existing section, by Committee on Financial
Institutions and Insurance.
SB 241, An act concerning banks and trusts companies; relating to mortgage business
and mortgage loans; amending K.S.A. 1998 Supp. 9-2201, 9-2202, 9-2203, 9-2204, 9-2205,
9-2206, 9-2207, 9-2208, and 9-2209 and repealing the existing sections, by Committee on
Financial Institutions and Insurance.
SB 242, An act relating to income taxation; allowing a credit therefrom for foster parents,
by Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap Gooch, Goodwin, Jones,
Lee, Petty, Steineger and Stephens.
SB 243, An act concerning electric generation facility siting; amending K.S.A. 66-1,159,
66-1,160, 66-1,161, 66-1,162, 66-1,169a and 66-1,169c and K.S.A. 1998 Supp. 66-1,158 and
66-1,169b and repealing the existing sections, by Senator Corbin.
SB 244, An act concerning elections; relating to petitions; amending K.S.A. 25-3601 and
repealing the existing section, by Senators Clark, Becker, Bleeker, Gilstrap, Hardenburger,
Harrington, Hensley, Huelskamp, Jordan, Lee, Petty, Pugh, Steineger and Tyson.
SB 245, An act concerning certain municipalities; authorizing the calling of certain
elections, by Senators Clark, Becker, Bleeker, Gilstrap, Gooch, Harrington, Hensley,
Huelskamp, Jordan, Lee, Petty, Pugh and Steineger.
SB 246, An act concerning solid waste; amending K.S.A. 65-3430 and repealing the
existing section, by Joint Committee on Administrative Rules and Regulations.
SB 247, An act concerning authorized subjects in closed or executive meetings; amending
K.S.A. 75-4319 and repealing the existing section, by Committee on Elections and Local
Government.
SB 248, An act concerning the university of Kansas medical center; construction, repair,
remodeling and renovating buildings from private moneys; exemptions from certain
statutory requirements; amending K.S.A. 76-833 and repealing the existing section, by
Committee on Ways and Means.
SB 249, An act concerning the university of Kansas school of medicine; establishing the
Kansas urban underserved medical residency bridging program; prescribing guidelines and
limitations therefor; authorizing certain loans and agreements thereunder, by Committee
on Ways and Means.
SB 250, An act relating to sales taxation; concerning taxation of contractor and
subcontractor services and materials; amending K.S.A. 1998 Supp. 79-3602 and 79-3603
and repealing the existing sections, by Committee on Assessment and Taxation.
SB 251, An act concerning the Kansas public employees retirement system; authorizing
purchase of prior service for certain persons, by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: SB 226, 227, 228.
Commerce: SB 219; HB 2056.
Education: SB 225.
Elections and Local Government: SB 229, 230, 231.
Energy and Natural Resources: SB 218.
Judiciary: SB 220, 221, 222, 223, 224.
Public Health and Welfare: SB 232, 233.
Utilities: SB 217; HB 2053.
Ways and Means: HB 2065.
CHANGE OF REFERENCE
The President withdrew SB 124 from the calendar under the heading of General Orders,
and rereferred the bill to the Committee on Assessment and Taxation.
The President withdrew SB 187 from the Committee on Commerce and referred the
bill to the Committee on Public Health and Welfare.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2088.
Also, passage of SB 2, as amended.
Announcing adoption of HCR 5020.
Also, adoption of SCR 1610.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2088; HCR 5020 were thereupon introduced and read by title.
On emergency motion of Senator Emert the rules were suspended and HCR 5020, a
concurrent resolution providing for a joint session of the Senate and House of
Representatives for the purpose of congratulating and commending George Brett, was
adopted by voice vote.
ORIGINAL MOTION
Pursuant to Senate Rule 75, President Bond determined SB 2, as amended by the House,
to be materially changed and rereferred SB 2 to the Committee on Assessment and Taxation.
REPORTS OF STANDING COMMITTEES
Committee on Agriculture recommends SB 65 be amended on page 2, in line 7, by
striking ``Kansas state''; also in line 7, preceding ``department'' by inserting ``secretary of
the''; in line 28, by striking ``state''; and the bill be passed as amended.
Also SCR 1609 be amended on page 2, in line 23, following ``to'' by inserting ``the
President of the United States, the Vice-President of the United States, the Administrator
of the Environmental Protection Agency,''; and the concurrent resolution be adopted as
amended.
Committee on Assessment and Taxation recommends HB 2001 be amended on page
1, by striking all in lines 15 through 43;
By striking all on pages 2 through 6, and inserting the following:
``Section 1. K.S.A. 1998 Supp. 12-188 is hereby amended to read as follows: 12-188.
The following classes of cities are hereby established for the purpose of imposing limitations
and prohibitions upon the levying of sales and excise taxes or taxes in the nature of an excise
upon sales or transfers of personal or real property or the use thereof, or the rendering or
furnishing of services by cities as authorized and provided by article 12, section 5, of the
constitution of the state of Kansas:
Class A cities. All cities in the state of Kansas which have the authority to levy and collect
excise taxes or taxes in the nature of an excise upon the sales or transfers of personal or real
property or the use thereof, or the rendering or furnishing of services by cities.
Class B cities. All cities in the state of Kansas which have the authority to levy and collect
excise taxes or taxes in the nature of an excise upon the sales or transfers of personal or real
property or the use thereof, or the rendering or furnishing of services for the purpose of
financing the provision of health care services.
Class C cities. All cities in the state of Kansas having a population of more than 290,000
located in a county having a population of more than 350,000 which has the authority to
levy and collect excise taxes or taxes in the nature of an excise upon the sales or transfers
of personal or real property or the use thereof, or the rendering or furnishing of services.
Class D cities. All cities in the state of Kansas located in Cowley, Ellis, Ellsworth, Finney,
Johnson, Labette or, Lyon, Montgomery, Osage or Reno county or in both Riley and
Pottawatomie counties which have the authority to levy and collect excise taxes or taxes in
the nature of an excise upon the sales or transfers of personal or real property or the use
thereof, or the rendering or furnishing of services.
Sec. 2. K.S.A. 1998 Supp. 12-187 is hereby amended to read as follows: 12-187. (a) (1)
No city shall impose a retailers' sales tax under the provisions of this act without the
governing body of such city having first submitted such proposition to and having received
the approval of a majority of the electors of the city voting thereon at an election called and
held therefor. The governing body of any city may submit the question of imposing a
retailers' sales tax and the governing body shall be required to submit the question upon
submission of a petition signed by electors of such city equal in number to not less than
10% of the electors of such city.
(2) The governing body of any class B city located in any county which does not impose
a countywide retailers' sales tax pursuant to paragraph (5) of subsection (b) may submit the
question of imposing a retailers' sales tax at the rate of .25%, .5%, .75% or 1% and pledging
the revenue received therefrom for the purpose of financing the provision of health care
services, as enumerated in the question, to the electors at an election called and held
thereon. The tax imposed pursuant to this paragraph shall be deemed to be in addition to
the rate limitations prescribed in K.S.A. 12-189, and amendments thereto. As used in this
paragraph, health care services shall include but not be limited to the following: Local health
departments, city, county or district hospitals, city or county nursing homes, preventive
health care services including immunizations, prenatal care and the postponement of entry
into nursing homes by home health care services, mental health services, indigent health
care, physician or health care worker recruitment, health education, emergency medical
services, rural health clinics, integration of health care services, home health services and
rural health networks.
(b) (1) The board of county commissioners of any county may submit the question of
imposing a countywide retailers' sales tax to the electors at an election called and held
thereon, and any such board shall be required to submit the question upon submission of
a petition signed by electors of such county equal in number to not less than 10% of the
electors of such county who voted at the last preceding general election for the office of
secretary of state, or upon receiving resolutions requesting such an election passed by not
less than 2/3 of the membership of the governing body of each of one or more cities within
such county which contains a population of not less than 25% of the entire population of
the county, or upon receiving resolutions requesting such an election passed by 2/3 of the
membership of the governing body of each of one or more taxing subdivisions within such
county which levy not less than 25% of the property taxes levied by all taxing subdivisions
within the county.
(2) The board of county commissioners of Atchison, Barton, Butler, Cowley, Cherokee,
Crawford, Ford, Jefferson, Lyon, Montgomery, Ottawa, Riley, Saline, Seward and
Wyandotte counties may submit the question of imposing a countywide retailers' sales tax
and pledging the revenue received therefrom for the purpose of financing the construction
or remodeling of a courthouse, jail, law enforcement center facility or other county
administrative facility, to the electors at an election called and held thereon. The tax imposed
pursuant to this paragraph shall expire when sales tax sufficient to pay all of the costs
incurred in the financing of such facility has been collected by retailers as determined by
the secretary of revenue. Nothing in this paragraph shall be construed to allow the rate of
tax imposed by Butler, Cowley, Lyon, Montgomery or Riley county pursuant to this
paragraph to exceed or be imposed at any rate other than the rates prescribed in K.S.A. 12-
189, and amendments thereto.
(3) (A) Except as otherwise provided in this paragraph, the result of the election held
on November 8, 1988, on the question submitted by the board of county commissioners of
Jackson county for the purpose of increasing its countywide retailers' sales tax by 1% is
hereby declared valid, and the revenue received therefrom by the county shall be expended
solely for the purpose of financing the Banner Creek reservoir project. The tax imposed
pursuant to this paragraph shall take effect on the effective date of this act and shall expire
not later than five years after such date.
(B) The result of the election held on November 8, 1994, on the question submitted by
the board of county commissioners of Ottawa county for the purpose of increasing its
countywide retailers' sales tax by 1% is hereby declared valid, and the revenue received
therefrom by the county shall be expended solely for the purpose of financing the erection,
construction and furnishing of a law enforcement center and jail facility.
(4) The board of county commissioners of Finney and Ford counties may submit the
question of imposing a countywide retailers' sales tax at the rate of .25% and pledging the
revenue received therefrom for the purpose of financing all or any portion of the cost to be
paid by Finney or Ford county for construction of highway projects identified as system
enhancements under the provisions of paragraph (5) of subsection (b) of K.S.A. 68-2314,
and amendments thereto, to the electors at an election called and held thereon. Such
election shall be called and held in the manner provided by the general bond law. The tax
imposed pursuant to this paragraph shall expire upon the payment of all costs authorized
pursuant to this paragraph in the financing of such highway projects. Nothing in this
paragraph shall be construed to allow the rate of tax imposed by Finney or Ford county
pursuant to this paragraph to exceed the maximum rate prescribed in K.S.A. 12-189, and
amendments thereto. If any funds remain upon the payment of all costs authorized pursuant
to this paragraph in the financing of such highway projects in Finney county, the state
treasurer shall remit such funds to the treasurer of Finney county and upon receipt of such
moneys shall be deposited to the credit of the county road and bridge fund. If any funds
remain upon the payment of all costs authorized pursuant to this paragraph in the financing
of such highway projects in Ford county, the state treasurer shall remit such funds to the
treasurer of Ford county and upon receipt of such moneys shall be deposited to the credit
of the county road and bridge fund.
(5) The board of county commissioners of any county may submit the question of
imposing a retailers' sales tax at the rate of .25%, .5%, .75% or 1% and pledging the revenue
received therefrom for the purpose of financing the provision of health care services, as
enumerated in the question, to the electors at an election called and held thereon. Whenever
any county imposes a tax pursuant to this paragraph, any tax imposed pursuant to paragraph
(2) of subsection (a) by any city located in such county shall expire upon the effective date
of the imposition of the countywide tax, and thereafter the state treasurer shall remit to
each such city that portion of the countywide tax revenue collected by retailers within such
city as certified by the director of taxation. The tax imposed pursuant to this paragraph shall
be deemed to be in addition to the rate limitations prescribed in K.S.A. 12-189, and
amendments thereto. As used in this paragraph, health care services shall include but not
be limited to the following: Local health departments, city or county hospitals, city or county
nursing homes, preventive health care services including immunizations, prenatal care and
the postponement of entry into nursing homes by home care services, mental health services,
indigent health care, physician or health care worker recruitment, health education,
emergency medical services, rural health clinics, integration of health care services, home
health services and rural health networks.
(6) The board of county commissioners of Allen county may submit the question of
imposing a countywide retailers' sales tax at the rate of .5% and pledging the revenue
received therefrom for the purpose of financing the costs of operation and construction of
a solid waste disposal area or the modification of an existing landfill to comply with federal
regulations to the electors at an election called and held thereon. The tax imposed pursuant
to this paragraph shall expire upon the payment of all costs incurred in the financing of the
project undertaken. Nothing in this paragraph shall be construed to allow the rate of tax
imposed by Allen county pursuant to this paragraph to exceed or be imposed at any rate
other than the rates prescribed in K.S.A. 12-189 and amendments thereto.
(7) The board of county commissioners of Dickinson county may submit the question
of imposing a countywide retailers' sales tax at the rate of .50% and pledging the revenue
received therefrom for the purpose of financing the costs of roadway construction and
improvement to the electors at an election called and held thereon. The tax imposed
pursuant to this paragraph shall expire after five years from the date such tax is first collected.
(8) The board of county commissioners of Sherman county may submit the question of
imposing a countywide retailers' sales tax at the rate of .25%, .5% or .75% and pledging the
revenue therefrom for the purpose of financing the costs of the county roads 64 and 65
construction and improvement project. The tax imposed pursuant to this paragraph shall
expire upon payment of all costs authorized pursuant to this paragraph in the financing of
such project.
(9) The board of county commissioners of Cowley and Russell county may submit the
question of imposing a countywide retailers' sales tax at the rate of .5% in the case of Russell
county and at a rate of up to .25%, in the case of Cowley county and pledging the revenue
received therefrom for the purpose of financing economic development initiatives or public
infrastructure projects. The tax imposed pursuant to this paragraph shall expire after five
years from the date such tax is first collected.
(c) The boards of county commissioners of any two or more contiguous counties, upon
adoption of a joint resolution by such boards, may submit the question of imposing a
retailers' sales tax within such counties to the electors of such counties at an election called
and held thereon and such boards of any two or more contiguous counties shall be required
to submit such question upon submission of a petition in each of such counties, signed by
a number of electors of each of such counties where submitted equal in number to not less
than 10% of the electors of each of such counties who voted at the last preceding general
election for the office of secretary of state, or upon receiving resolutions requesting such
an election passed by not less than 2/3 of the membership of the governing body of each of
one or more cities within each of such counties which contains a population of not less than
25% of the entire population of each of such counties, or upon receiving resolutions
requesting such an election passed by 2/3 of the membership of the governing body of each
of one or more taxing subdivisions within each of such counties which levy not less than
25% of the property taxes levied by all taxing subdivisions within each of such counties.
(d) Any city retailers' sales tax in the amount of .5% being levied by a city on July 1,
1990, shall continue in effect until repealed in the manner provided herein for the adoption
and approval of such tax or until repealed by the adoption of an ordinance so providing. In
addition to any city retailers' sales tax being levied by a city on July 1, 1990, any such city
may adopt an additional city retailers' sales tax in the amount of .25% or .5%, provided that
such additional tax is adopted and approved in the manner provided for the adoption and
approval of a city retailers' sales tax. Any countywide retailers' sales tax in the amount of
.5% or 1% in effect on July 1, 1990, shall continue in effect until repealed in the manner
provided herein for the adoption and approval of such tax.
(e) A class D city shall have the same power to levy and collect a city retailers' sales tax
that a class A city is authorized to levy and collect and in addition, the governing body of
any class D city may submit the question of imposing an additional city retailers' sales tax
in the amount of .125%, .25%, .5% or .75% and pledging the revenue received therefrom
for economic development initiatives, strategic planning initiatives or for public
infrastructure projects including buildings to the electors at an election called and held
thereon. Any additional sales tax imposed pursuant to this paragraph shall expire no later
than five years from the date of imposition thereof.
(f) Any city or county proposing to adopt a retailers' sales tax shall give notice of its
intention to submit such proposition for approval by the electors in the manner required by
K.S.A. 10-120, and amendments thereto. The notices shall state the time of the election and
the rate and effective date of the proposed tax. If a majority of the electors voting thereon
at such election fail to approve the proposition, such proposition may be resubmitted under
the conditions and in the manner provided in this act for submission of the proposition. If
a majority of the electors voting thereon at such election shall approve the levying of such
tax, the governing body of any such city or county shall provide by ordinance or resolution,
as the case may be, for the levy of the tax. Any repeal of such tax or any reduction or increase
in the rate thereof, within the limits prescribed by K.S.A. 12-189, and amendments thereto,
shall be accomplished in the manner provided herein for the adoption and approval of such
tax except that the repeal of any such city retailers' sales tax may be accomplished by the
adoption of an ordinance so providing.
(g) The sufficiency of the number of signers of any petition filed under this section shall
be determined by the county election officer. Every election held under this act shall be
conducted by the county election officer.
(h) The governing body of the city or county proposing to levy any retailers' sales tax
shall specify the purpose or purposes for which the revenue would be used, and a statement
generally describing such purpose or purposes shall be included as a part of the ballot
proposition.
Sec. 3 K.S.A. 1998 Supp. 12-189 is hereby amended to read as follows: 12-189. Except
as otherwise provided by paragraph (2) of subsection (a) of K.S.A. 12-187, and amendments
thereto, the rate of any class A, class B or class C city retailers' sales tax shall be fixed in
the amount of .25%, .5%, .75% or 1% which amount shall be determined by the governing
body of the city. Except as otherwise provided by paragraph (2) of subsection (a) of K.S.A.
12-187, and amendments thereto, the rate of any class D city retailers' sales tax shall be
fixed in the amount of .25%, .5%, .75%, 1%, 1.125%, 1.25%, 1.5% or 1.75%. The rate of
any countywide retailers' sales tax shall be fixed in an amount of either .25%, .5%, .75% or
1% which amount shall be determined by the board of county commissioners, except that:
(a) The board of county commissioners of Cherokee, Crawford, Ford, Saline, Seward
or Wyandotte county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187,
and amendments thereto, may fix such rate at 1.5%, the board of county commissioners of
Atchison county, for the purposes of paragraph (2) of subsection (b) of K.S.A. 12-187, and
amendments thereto, may fix such rate at 1.5% or 1.75% and the board of county
commissioners of Barton, Jefferson or Ottawa county, for the purposes of paragraph (2) of
subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%;
(b) the board of county commissioners of Jackson county, for the purposes of paragraph
(3) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 2%;
(c) the boards of county commissioners of Finney and Ford counties, for the purposes
of paragraph (4) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such
rate at .25%;
(d) the board of county commissioners of any county for the purposes of paragraph (5)
of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at a
percentage which is equal to the sum of the rate allowed to be imposed by a board of county
commissioners on the effective date of this act plus .25%, .5%, .75% or 1%, as the case
requires;
(e) the board of county commissioners of Dickinson county, for the purposes of
paragraph (7) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such
rate at 1.5%; or
(f) the board of county commissioners of Sherman county, for the purposes of paragraph
(8) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at l.5%,
1.75% or 2%.; or
(g) the board of county commissioners of Russell county for the purposes of paragraph
(9) of subsection (b) of K.S.A. 12-187, and amendments thereto, may fix such rate at 1.5%.
Any county or city levying a retailers' sales tax is hereby prohibited from administering
or collecting such tax locally, but shall utilize the services of the state department of revenue
to administer, enforce and collect such tax. Except as otherwise specifically provided in
K.S.A. 12-189a, and amendments thereto, such tax shall be identical in its application, and
exemptions therefrom, to the Kansas retailers' sales tax act and all laws and administrative
rules and regulations of the state department of revenue relating to the Kansas retailers'
sales tax shall apply to such local sales tax insofar as such laws and rules and regulations may
be made applicable. The state director of taxation is hereby authorized to administer, enforce
and collect such local sales taxes and to adopt such rules and regulations as may be necessary
for the efficient and effective administration and enforcement thereof.
Upon receipt of a certified copy of an ordinance or resolution authorizing the levy of a
local retailers' sales tax, the state director of taxation shall cause such taxes to be collected
within or without the boundaries of such taxing subdivision at the same time and in the
same manner provided for the collection of the state retailers' sales tax. All moneys collected
by the director of taxation under the provisions of this section shall be credited to a county
and city retailers' sales tax fund which fund is hereby established in the state treasury. Any
refund due on any county or city retailers' sales tax collected pursuant to this act shall be
paid out of the sales tax refund fund and reimbursed by the director of taxation from
collections of local retailers' sales tax revenue. All local retailers' sales tax revenue collected
within any county or city pursuant to this act shall be apportioned and remitted at least
quarterly by the state treasurer, on instruction from the director of taxation, to the treasurer
of such county or city.
The director of taxation shall provide, upon request by a city or county clerk or treasurer
of any city or county levying a local retailers' sales tax, a monthly report identifying each
retailer having a place of business in such city or county and setting forth the amount of
such tax remitted by each retailer during the preceding month. Such report shall be made
available to the clerk or treasurer of such city or county within a reasonable time after it
has been requested from the director of taxation. The director of taxation shall be allowed
to assess a reasonable fee for the issuance of such report. Information received by any city
or county pursuant to this section shall be confidential, and it shall be unlawful for any
officer or employee of such city or county to divulge any such information in any manner.
Any violation of this paragraph by a city or county officer or employee is a class B
misdemeanor, and such officer or employee shall be dismissed from office.
Sec. 4. K.S.A. 1998 Supp. 12-192 is hereby amended to read as follows: 12-192. (a)
Except as otherwise provided by subsection (b), (d) or (h), all revenue received by the
director of taxation from a countywide retailers' sales tax shall be apportioned among the
county and each city located in such county in the following manner: (1) One-half of all
revenue received by the director of taxation shall be apportioned among the county and
each city located in such county in the proportion that the total tangible property tax levies
made in such county in the preceding year for all funds of each such governmental unit
bear to the total of all such levies made in the preceding year, and (2) 1/2 of all revenue
received by the director of taxation from such countywide retailers' sales tax shall be
apportioned among the county and each city located in such county, first to the county that
portion of the revenue equal to the proportion that the population of the county residing in
the unincorporated area of the county bears to the total population of the county, and second
to the cities in the proportion that the population of each city bears to the total population
of the county, except that no persons residing within the Fort Riley military reservation shall
be included in the determination of the population of any city located within Riley county.
All revenue apportioned to a county shall be paid to its county treasurer and shall be credited
to the general fund of the county.
(b) (1) As an alternative and in lieu of the apportionment formula provided in
subsection (a), all revenue received by the director of taxation from a countywide retailers'
sales tax imposed within Johnson county at the rate of .75% or 1% after the effective date
of this act may be apportioned among the county and each city located in such county in
the following manner: (A) The revenue received from the first .5% rate of tax shall be
apportioned in the manner prescribed by subsection (a) and (B) the revenue received from
the rate of tax exceeding .5% shall be apportioned as follows: (i) One-fourth shall be
apportioned among the county and each city located in such county in the proportion that
the total tangible property tax levies made in such county in the preceding year for all funds
of each such governmental unit bear to the total of all such levies made in the preceding
year and (ii) one-fourth shall be apportioned among the county and each city located in
such county, first to the county that portion of the revenue equal to the proportion that the
population of the county residing in the unincorporated area of the county bears to the total
population of the county, and second to the cities in the proportion that the population of
each city bears to the total population of the county and (iii) one-half shall be retained by
the county for its sole use and benefit.
(2) In lieu of the apportionment formula provided in subsection (a), all money received
by the director of taxation from a countywide sales tax imposed within Montgomery county
pursuant to the election held on November 8, 1994, shall be remitted to and shall be retained
by the county and expended only for the purpose for which the revenue received from the
tax was pledged. All revenue apportioned and paid from the imposition of such tax to the
treasurer of any city prior to the effective date of this act shall be remitted to the county
treasurer and expended only for the purpose for which the revenue received from the tax
was pledged.
(c) (1) Except as otherwise provided by paragraph (2) of this subsection, for purposes
of subsections (a) and (b), the term ``total tangible property tax levies'' means the aggregate
dollar amount of tax revenue derived from ad valorem tax levies applicable to all tangible
property located within each such city or county. The ad valorem property tax levy of any
county or city district entity or subdivision shall be included within this term if the levy of
any such district entity or subdivision is applicable to all tangible property located within
each such city or county.
(2) For the purposes of subsections (a) and (b), any ad valorem property tax levied on
property located in a city in Johnson county for the purpose of providing fire protection
service in such city shall be included within the term ``total tangible property tax levies'' for
such city regardless of its applicability to all tangible property located within each such city.
If the tax is levied by a district which extends across city boundaries, for purposes of this
computation, the amount of such levy shall be apportioned among each city in which such
district extends in the proportion that such tax levied within each city bears to the total tax
levied by the district.
(d) (1) All revenue received from a countywide retailers' sales tax imposed pursuant to
paragraphs (2), (6), (7) or, (8) or (9) of subsection (b) of K.S.A. 12-187, and amendments
thereto, shall be remitted to and shall be retained by the county and expended only for the
purpose for which the revenue received from the tax was pledged.
(2) Except as otherwise provided in paragraph (5) of subsection (b) of K.S.A. 12-187,
and amendments thereto, all revenues received from a countywide retailers' sales tax
imposed pursuant to paragraph (5) of subsection (b) of K.S.A. 12-187, and amendments
thereto, shall be remitted to and shall be retained by the county and expended only for the
purpose for which the revenue received from the tax was pledged.
(e) All revenue apportioned to the several cities of the county shall be paid to the
respective treasurers thereof and deposited in the general fund of the city. Whenever the
territory of any city is located in two or more counties and any one or more of such counties
do not levy a countywide retailers' sales tax, or whenever such counties do not levy
countywide retailers' sales taxes at a uniform rate, the revenue received by such city from
the proceeds of the countywide retailers' sales tax, as an alternative to depositing the same
in the general fund, may be used for the purpose of reducing the tax levies of such city upon
the taxable tangible property located within the county levying such countywide retailers'
sales tax.
(f) Prior to March 1 of each year, the secretary of revenue shall advise each county
treasurer of the revenue collected in such county from the state retailers' sales tax for the
preceding calendar year.
(g) Prior to December 31 of each year, the clerk of every county imposing a countywide
retailers' sales tax shall provide such information deemed necessary by the secretary of
revenue to apportion and remit revenue to the counties and cities pursuant to this section.
Sec. 5. K.S.A. 1998 Supp. 12-187, 12-188, 12-189 and 12-192 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its publication in the
Kansas register.'';
In the title, in line 10, by striking all after ``ACT''; by striking all in lines 11 and 12 and
inserting ``relating to sales taxation; providing local retailers' sales tax imposition authority
for certain cities and counties; amending K.S.A. 1998 Supp. 12-187, 12-188, 12-189 and 12-
192 and repealing the existing sections.'' and the bill be passed as amended.
Committee on Education recommends SB 38 be amended on page 2, in line 24, by
striking ``and''; in line 25, after ``Oberlin'', by inserting ``, and the Parkview Passages
Residential Treatment Center of Topeka'';
On page 5, in line 9, by striking ``and''; in line 10, after ``Oberlin'', by inserting ``, and the
Parkview Passages Residential Treatment Center of Topeka''; in line 29, by striking ``and'';
also in line 29, after ``Oberlin'', by inserting ``, and the Parkview Passages Residential
Treatment Center of Topeka''; and the bill be passed as amended.
Committee on Financial Institutions and Insurance recommends SB 60 be amended
on page 4, in line 9, by inserting two new sections as follows:
``Sec. 5. (a) The title insurance agent who handles escrow, settlement or closing
accounts shall file with the commissioner a surety bond or irrevocable letter of credit in a
form acceptable to the commissioner, issued by an insurance company or financial institution
authorized to conduct business in this state, securing the applicant's or the title insurance
agent's faithful performance of all duties and obligations set out in this act.
(b) The terms of the bond or irrevocable letter of credit shall be:
(1) The surety bond shall provide that such bond may not be terminated without 30
days prior written notice to the commissioner.
(2) An irrevocable letter of credit shall be issued by a bank which is insured by the
federal deposit insurance corporation or its successor if such letter of credit is initially issued
for a term of at least one year and by its terms is automatically renewed at each expiration
date for at least an additional one-year term unless at least 30 days prior written notice of
intention not to renew is given to the commissioner of insurance.
(c) The amount of the surety bond or irrevocable letter of credit for those agents
servicing real estate transactions on property located in counties having a certain population
shall be required as follows:
(1) $100,000 surety bond or irrevocable letter of credit in counties having a population
of 40,001 and over;
(2) $50,000 surety bond or irrevocable letter of credit in counties having a population
of 20,001 to 40,000; and
(3) $25,000 surety bond or irrevocable letter of credit in counties having a population
of 20,000 or under.
(d) The surety bond or irrevocable letter of credit shall be for the benefit of any person
suffering a loss if the title insurance agent converts or misappropriates money received or
held in escrow, deposit or trust accounts while acting as a title insurance agent providing
any escrow or settlement services.
Sec. 6. All funds deposited for real estate closings, including refinances of existing
mortgage loans, which exceed $2,500, shall be in one of the following forms:
(1) Lawful money of the United States;
(2) wire transfers such that the funds are unconditionally received by the title insurance
agent or the agent's depository;
(3) cashier's checks, certified checks or bank money orders issued by a federally insured
financial institution and unconditionally held by the title insurance agent;
(4) funds received from governmental entities or drawn on an escrow account of a real
estate broker licensed in the state of Kansas or drawn on an escrow account of a title insurer
or title insurance agency licensed to do business in Kansas; or
(5) other negotiable instruments which have been on deposit in the escrow account for
at least 10 days.'';
And by renumbering the sections accordingly; and the bill be passed as amended.
Committee on Transportation and Tourism recommends SB 52 be amended on page
1, in line 15, by striking ``16,000'' and inserting ``20,000'';
On page 2, following line 26, by inserting the following:
``(h) If the requirements of subsection (b) of K.S.A. 1998 Supp. 8-1,141, and
amendments thereto, have not been complied with on or before January 1, 2001, the
provisions of this section shall expire.
New Sec. 2. (a) Any owner of one or more passenger vehicles or trucks registered for
a gross weight of not more than 20,000 pounds who is a resident of Kansas, upon compliance
with the provisions of this section, may be issued one Kansas association for pregnancy
maintenance license plate for each such passenger vehicle or truck. Such license plates shall
be issued for the same time as other license plates upon proper registration and payment
of the regular license fee as provided in K.S.A. 8-143, and amendments thereto, and the
presentation of the annual logo use authorization statement provided for in subsection (b).
(b) The Kansas association for pregnancy maintenance, may authorize the use of their
logo to be affixed on license plates as provided by this section. Any royalty payment to such
Kansas association for pregnancy maintenance derived from this section shall be used to
provide services for promoting adoption, counselling and meeting the physical needs of
pregnant women and their children. Any motor vehicle owner may annually apply to the
Kansas association for pregnancy maintenance for the use of such logo. Upon annual
application and payment to the Kansas association for pregnancy maintenance in an amount
of not less than $25 nor more than $100 as a logo use royalty payment for each Kansas
association for pregnancy maintenance plate to be issued, the Kansas association for
pregnancy maintenance shall issue to the motor vehicle owner, without further charge, a
logo use authorization statement, which shall be presented by the motor vehicle owner at
the time of registration.
(c) Any applicant for a Kansas association for pregnancy maintenance license plate may
make application for such plates not less than 60 days prior to such person's renewal of
registration date, on a form prescribed and furnished by the director of motor vehicles, and
any applicant for the Kansas association for pregnancy maintenance license plates shall
provide the annual logo use authorization statement provided for in subsection (b).
Application for registration of a passenger or truck and issuance of the license plate under
this section shall be made by the owner in a manner prescribed by the director of vehicles
upon forms furnished by the director.
(d) No registration or Kansas association for pregnancy maintenance license plate issued
under this section shall be transferable to any other person.
(e) Renewals of registration under this section shall be made annually, upon payment
of the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A.
8-132, and amendments thereto. No renewal of registration shall be made to any applicant
until such applicant provides the annual logo use authorization statement provided for in
subsection (b). If such logo use authorization statement is not presented at the time of
registration, the applicant shall be required to comply with K.S.A. 8-143, and amendments
thereto, and return the Kansas association for pregnancy maintenance license plate to the
county treasurer of such person's residence.
(f) The Kansas association for pregnancy maintenance shall pay the initial cost of silk-
screening for such Kansas association for pregnancy maintenance license plates.
(g) The Kansas association for pregnancy maintenance, with the approval of the director
of vehicles and subject to the availability of materials and equipment, shall design a plate
to be issued under the provisions of this section.
(h) If the requirements of subsection (b) of K.S.A. 1998 Supp. 8-1,141, and amendments
thereto, have not been complied with on or before January 1, 2001, the provisions of this
section shall expire.'';
And by renumbering sections accordingly;
Also on page 2, in line 40, by striking ``section 1'' and inserting ``sections 1 and 2'';
On page 1, in the title, in line 9, by striking ``chil-''; in line 10, by striking all preceding
``license'' and inserting ``certain distinctive''; and the bill be passed as amended.
Committee on Judiciary recommends SB 90, 95 be passed.
Committee on Public Health and Welfare recommends SB 71, 128 be passed.
Also SB 135 be amended on page 4, by striking all in lines 9 through 15; in line 16, by
striking ``(h)'' and inserting in lieu thereof ``(g)''; in line 18, by striking ``Other staff'' and
inserting in lieu thereof ``Staff''; in line 22, by striking ``(i)'' and inserting in lieu thereof
``(h)''; in line 28, by striking ``(j)'' and inserting in lieu thereof ``(i)''; also in line 28, by striking
``June 30'' and inserting in lieu thereof ``July 1''; and the bill be passed as amended.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Corbin in the chair.
On motion of Senator Corbin the following report was adopted:
Recommended that SB 57, 89 be passed.
Also SCR 1601 be adopted.
SB 39 be amended by adoption of the committee amendments and the bill be passed as
amended.
SB 59 be amended by adoption of the committee amendments.
Senator Hensley moved to amend the bill on page 14, by striking all in line 25 and by
inserting three new sections to read as follows:
``Sec. 2. K.S.A. 1998 Supp. 79-3603 is hereby amended to read as follows: 79-3603. For
the privilege of engaging in the business of selling tangible personal property at retail in this
state or rendering or furnishing any of the services taxable under this act, there is hereby
levied and there shall be collected and paid a tax at the rate of 4.9% upon:
(a) The gross receipts received from the sale of tangible personal property at retail
within this state;
(b) (1) the gross receipts from intrastate telephone or telegraph services and (2) the
gross receipts received from the sale of interstate telephone or telegraph services, which
(A) originate within this state and terminate outside the state and are billed to a customer's
telephone number or account in this state; or (B) originate outside this state and terminate
within this state and are billed to a customer's telephone number or account in this state
except that the sale of interstate telephone or telegraph service does not include: (A) Any
interstate incoming or outgoing wide area telephone service or wide area transmission type
service which entitles the subscriber to make or receive an unlimited number of
communications to or from persons having telephone service in a specified area which is
outside the state in which the station provided this service is located; (B) any interstate
private communications service to the persons contracting for the receipt of that service
that entitles the purchaser to exclusive or priority use of a communications channel or group
of channels between exchanges; (C) any value-added nonvoice service in which computer
processing applications are used to act on the form, content, code or protocol of the
information to be transmitted; (D) any telecommunication service to a provider of
telecommunication services which will be used to render telecommunications services,
including carrier access services; or (E) any service or transaction defined in this section
among entities classified as members of an affiliated group as provided by federal law (U.S.C.
Section 1504). For the purposes of this subsection the term gross receipts does not include
purchases of telephone, telegraph or telecommunications using a prepaid telephone calling
card or pre-paid authorization number. As used in this subsection, a pre-paid telephone
calling card or pre-paid authorization number means the right to exclusively make telephone
calls, paid for in advance, with the prepaid value measured in minutes or other time units,
that enables the origination of calls using an access number or authorization code or both,
whether manually or electronically dialed;
(c) the gross receipts from the sale or furnishing of gas, water, electricity and heat,
which sale is not otherwise exempt from taxation under the provisions of this act, and
whether furnished by municipally or privately owned utilities;
(d) the gross receipts from the sale of meals or drinks furnished at any private club,
drinking establishment, catered event, restaurant, eating house, dining car, hotel, drugstore
or other place where meals or drinks are regularly sold to the public;
(e) the gross receipts from the sale of admissions to any place providing amusement,
entertainment or recreation services including admissions to state, county, district and local
fairs, but such tax shall not be levied and collected upon the gross receipts received from
sales of admissions to any cultural and historical event which occurs triennially;
(f) the gross receipts from the operation of any coin-operated device dispensing or
providing tangible personal property, amusement or other services except laundry services,
whether automatic or manually operated;
(g) the gross receipts from the service of renting of rooms by hotels, as defined by K.S.A.
36-501 and amendments thereto, or by accommodation brokers, as defined by K.S.A. 12-
1692, and amendments thereto;
(h) the gross receipts from the service of renting or leasing of tangible personal property
except such tax shall not apply to the renting or leasing of machinery, equipment or other
personal property owned by a city and purchased from the proceeds of industrial revenue
bonds issued prior to July 1, 1973, in accordance with the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, and any city or lessee renting or leasing such
machinery, equipment or other personal property purchased with the proceeds of such
bonds who shall have paid a tax under the provisions of this section upon sales made prior
to July 1, 1973, shall be entitled to a refund from the sales tax refund fund of all taxes paid
thereon;
(i) the gross receipts from the rendering of dry cleaning, pressing, dyeing and laundry
services except laundry services rendered through a coin-operated device whether automatic
or manually operated;
(j) the gross receipts from the rendering of the services of washing and washing and
waxing of vehicles;
(k) the gross receipts from cable, community antennae and other subscriber radio and
television services;
(l) the gross receipts received from the sales of tangible personal property to all
contractors, subcontractors or repairmen of materials and supplies for use by them in
erecting structures for others, or building on, or otherwise improving, altering, or repairing
real or personal property of others;
(m) the gross receipts received from fees and charges by public and private clubs,
drinking establishments, organizations and businesses for participation in sports, games and
other recreational activities, but such tax shall not be levied and collected upon the gross
receipts received from: (1) Fees and charges by any political subdivision, by any organization
exempt from property taxation pursuant to paragraph Ninth of K.S.A. 79-201, and
amendments thereto, or by any youth recreation organization exclusively providing services
to persons 18 years of age or younger which is exempt from federal income taxation pursuant
to section 501(c)(3) of the federal internal revenue code of 1986, for participation in sports,
games and other recreational activities; and (2) entry fees and charges for participation in a
special event or tournament sanctioned by a national sporting association to which spectators
are charged an admission which is taxable pursuant to subsection (e);
(n) the gross receipts received from dues charged by public and private clubs, drinking
establishments, organizations and businesses, payment of which entitles a member to the
use of facilities for recreation or entertainment, but such tax shall not be levied and collected
upon the gross receipts received from: (1) Dues charged by any organization exempt from
property taxation pursuant to paragraphs Eighth and Ninth of K.S.A. 79-201, and
amendments thereto; and (2) sales of memberships in a nonprofit organization which is
exempt from federal income taxation pursuant to section 501 (c)(3) of the federal internal
revenue code of 1986, and whose purpose is to support the operation of a nonprofit zoo;
(o) the gross receipts received from the isolated or occasional sale of motor vehicles or
trailers but not including: (1) The transfer of motor vehicles or trailers by a person to a
corporation solely in exchange for stock securities in such corporation; or (2) the transfer
of motor vehicles or trailers by one corporation to another when all of the assets of such
corporation are transferred to such other corporation; or (3) the sale of motor vehicles or
trailers which are subject to taxation pursuant to the provisions of K.S.A. 79-5101 et seq.,
and amendments thereto, by an immediate family member to another immediate family
member. For the purposes of clause (3), immediate family member means lineal ascendants
or descendants, and their spouses. In determining the base for computing the tax on such
isolated or occasional sale, the fair market value of any motor vehicle or trailer traded in by
the purchaser to the seller may be deducted from the selling price;
(p) the gross receipts received for the service of installing or applying tangible personal
property which when installed or applied is not being held for sale in the regular course of
business, and whether or not such tangible personal property when installed or applied
remains tangible personal property or becomes a part of real estate, except that no tax shall
be imposed upon the service of installing or applying tangible personal property in
connection with the original construction of a building or facility, the original construction,
reconstruction, restoration, remodeling, renovation, repair or replacement of a residence or
the construction, reconstruction, restoration, replacement or repair of a bridge or highway.
For the purposes of this subsection:
(1) ``Original construction'' shall mean the first or initial construction of a new building
or facility. The term ``original construction'' shall include the addition of an entire room or
floor to any existing building or facility, the completion of any unfinished portion of any
existing building or facility and the restoration, reconstruction or replacement of a building
or facility damaged or destroyed by fire, flood, tornado, lightning, explosion or earthquake,
but such term, except with regard to a residence, shall not include replacement, remodeling,
restoration, renovation or reconstruction under any other circumstances;
(2) ``building'' shall mean only those enclosures within which individuals customarily
are employed, or which are customarily used to house machinery, equipment or other
property, and including the land improvements immediately surrounding such building;
(3) ``facility'' shall mean a mill, plant, refinery, oil or gas well, water well, feedlot or any
conveyance, transmission or distribution line of any cooperative, nonprofit, membership
corporation organized under or subject to the provisions of K.S.A. 17-4601 et seq., and
amendments thereto, or of any municipal or quasi-municipal corporation, including the land
improvements immediately surrounding such facility; and
(4) ``residence'' shall mean only those enclosures within which individuals customarily
live;
(q) the gross receipts received for the service of repairing, servicing, altering or
maintaining tangible personal property, except computer software described in subsection
(s), which when such services are rendered is not being held for sale in the regular course
of business, and whether or not any tangible personal property is transferred in connection
therewith. The tax imposed by this subsection shall be applicable to the services of repairing,
servicing, altering or maintaining an item of tangible personal property which has been and
is fastened to, connected with or built into real property;
(r) the gross receipts from fees or charges made under service or maintenance
agreement contracts for services, charges for the providing of which are taxable under the
provisions of subsection (p) or (q);
(s) the gross receipts received from the sale of computer software, and the sale of the
services of modifying, altering, updating or maintaining computer software. As used in this
subsection, ''computer software`` means information and directions loaded into a computer
which dictate different functions to be performed by the computer. Computer software
includes any canned or prewritten program which is held or existing for general or repeated
sale, even if the program was originally developed for a single end user as custom computer
software. The sale of computer software or services does not include: (1) The initial sale of
any custom computer program which is originally developed for the exclusive use of a single
end user; or (2) those services rendered in the modification of computer software when the
modification is developed exclusively for a single end user only to the extent of the
modification and only to the extent that the actual amount charged for the modification is
separately stated on invoices, statements and other billing documents provided to the end
user. The services of modification, alteration, updating and maintenance of computer
software shall only include the modification, alteration, updating and maintenance of
computer software taxable under this subsection whether or not the services are actually
provided; and
(t) the gross receipts received for telephone answering services, including mobile phone
services, beeper services and other similar services; and
(u) the gross receipts received from the sale of prepaid telephone calling cards or pre-
paid authorization numbers and the recharge of such cards or numbers. A pre-paid
telephone calling card or pre-paid authorization number means the right to exclusively make
telephone calls, paid for in advance, with the prepaid value measured in minutes or other
time units, that enables the origination of calls using an access number or authorization
code or both, whether manually or electronically dialed. If the dale or recharge of such card
or number does not take place at the vendor's place of business, it shall be conclusively
determined to take place at the customer's shipping address; if there is no item shipped
then it shall be the customer's billing address.; and
(v) (1) the gross receipts received from sales of food for human consumption at the rate
of: (A) 3.3% on June 1, 1999, and before June 1, 2001; and (B) 2.2% on June 1, 2001, and
before June 1, 2002; (2) on and after June 1, 2002, all sales of food for human consumption
are hereby exempt; and (3) as used in this subsection, ``food for human consumption'' means
only that food which is eligible for purchase with food stamps issued by the United States
department of agriculture pursuant to regulations in effect on January 1, 1998, regardless
of whether the retailer from which the food is purchased is participating in the food stamp
program. Such phrase shall not include meals prepared for immediate consumption on or
off premises of the retailer.
``Sec. 3. K.S.A. 12-189a is hereby amended to read as follows: 12-189a. The following
sales shall be subject to the taxes levied and collected by all cities and counties under the
provisions of K.S.A. 12-187 et seq. and amendments thereto:
(a) All sales of natural gas, electricity, heat and water delivered through mains, lines or
pipes to residential premises for noncommercial use by the occupant of such premises and
all sales of natural gas, electricity, heat and water delivered through mains, lines or pipes
for agricultural use;
(b) All sales of propane gas, LP-gas, coal, wood and other fuel sources for the production
of heat or lighting for noncommercial use of an occupant of residential premises;
(c) All sales of intrastate telephone and telegraph services for noncommercial use.; and
(d) all sales of food for human consumption, as defined by subsection (v) of K.S.A. 79-
3603, and amendments thereto.
Sec. 4. K.S.A. 12-189a and K.S.A. 1998 Supp. 79-3603 and 79-3606 are hereby
repealed.'';
By renumbering the existing section accordingly;
In the title, in line 11, by striking all after the semicolon; by striking all in lines 12 and
13 and inserting ``concerning exemptions therefrom; amending K.S.A. 12-189a and K.S.A.
1998 Supp. 79-3603 and 79-3606 and repealing the existing sections.''
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 17, nays 22, present and passing 0; absent or not voting
1.
Yeas: Biggs, Bleeker, Clark, Downey, Gilstrap, Gooch, Goodwin, Hensley, Huelskamp,
Jones, Lee, Petty, Pugh, Steineger, Stephens, Tyson, Umbarger.
Nays: Barone, Becker, Bond, Brownlee, Corbin, Donovan, Emert, Hardenburger,
Harrington, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson,
Salisbury, Salmans, Steffes, Vidricksen, Vratil.
Absent or not voting: Feleciano.
The motion failed and the amendment was rejected.
The Committee recommended SB 59 as amended by adoption of the committee
amendments be passed as amended.
SCR 1606, 1607 be amended by adoption of the committee reports and the resolutions
be adopted as amended.
SB 22, 62, 87, 88, 130 be passed over and retain a place on the calendar.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 39, 57, 59, 89; SCR 1601, 1606, 1607 were advanced to Final Action, subject to
amendment, debate and roll call.
SB 39, An act making and concerning appropriations for the fiscal years ending June 30,
1999, and June 30, 2000, for the adjutant general and the department of social and
rehabilitation services; authorizing certain transfers and imposing certain restrictions and
limitations, and directing or authorizing certain receipts and disbursements and acts
incidental to the foregoing, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Feleciano.
The bill passed, as amended.
SB 57, An act designating October 14 of each year as Dwight D. Eisenhower Day in the
state of Kansas, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Feleciano.
The bill passed.
SB 59, An act relating to sales taxation; concerning the religious organization purchase
exemption; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Feleciano.
The bill passed, as amended.
SB 89, An act repealing K.S.A. 7-104, 7-106, 7-107, 7-111 and 7-121; concerning
attorneys, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Feleciano.
The bill passed.
Senate Concurrent Resolution No. 1601--
By Special Committee Redistricting Advisory Group
A PROPOSITION to amend section 1 of article 10 of the constitution of the state of Kansas,
relating to the reapportionment of senatorial and representative districts.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the Senate and two-thirds of the members elected (or
appointed) and qualified to the House of Representatives concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
1 of article 10 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 1. Reapportionment of senatorial and representative districts. (a) At its regular
session in 1989, the legislature shall by law reapportion the state representative districts,
the state senatorial districts or both the state representative and senatorial districts upon the
basis of the latest census of the inhabitants of the state taken by authority of chapter 61 of
the 1987 Session Laws of Kansas. At its regular session in 1992, and at its regular session
every tenth year thereafter, the legislature shall, by law, shall reapportion the state senatorial
districts and representative districts on the basis of the population of the state as established
by the most recent census of population taken and published by the United States bureau
of the census. Senatorial and representative districts shall be reapportioned upon the basis
of the population of the state adjusted: (1) To exclude nonresident military personnel
stationed within the state and nonresident students attending colleges and universities within
the state; and (2) to include military personnel stationed within the state who are residents
of the state and students attending colleges and universities within the state who are
residents of the state in the district of their permanent residence. Bills reapportioning
legislative districts shall be published in the Kansas register immediately upon final passage
and shall be effective for the next following election of legislators and thereafter until again
reapportioned.
(b) Within 15 days after the publication of an act reapportioning the legislative districts
within the time specified in (a), the attorney general shall petition the supreme court of the
state to determine the validity thereof. The supreme court, within 30 days from the filing
of the petition, shall enter its judgment. Should the supreme court determine that the
reapportionment statute is invalid, the legislature shall enact a statute of reapportionment
conforming to the judgment of the supreme court within 15 days.
(c) Upon enactment of a reapportionment to conform with a judgment under (b), the
attorney general shall apply to the supreme court of the state to determine the validity
thereof. The supreme court, within 10 days from the filing of such application, shall enter
its judgment. Should the supreme court determine that the reapportionment statute is
invalid, the legislature shall again enact a statute reapportioning the legislative districts in
compliance with the direction of and conforming to the mandate of the supreme court
within 15 days after entry thereof.
(d) Whenever a petition or application is filed under this section, the supreme court, in
accordance with its rules, shall permit interested persons to present their views.
(e) A judgment of the supreme court of the state determining a reapportionment to be
valid shall be final until the legislative districts are again reapportioned in accordance
herewith.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The purpose of this amendment is to eliminate the adjustment
of census taken by the United States bureau of the census regarding nonresident
military personnel and nonresident students when reapportioning the Kansas senate
and house of representatives.
``A vote for this proposition would eliminate the adjustment of census taken by the
United States bureau of the census regarding nonresident military personnel and
nonresident students when reapportioning the Kansas senate and house of
representatives.
``A vote against this proposition would continue in effect the requirement for the
adjustment of census taken by the United States bureau of the census regarding
nonresident military personnel and nonresident students when reapportioning the
Kansas senate and house of representatives.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the Senate, and two-thirds of the members elected (or appointed) and
qualified to the House of Representatives shall be entered on the journals, together with
the yeas and nays. The secretary of state shall cause this resolution to be published as
provided by law and shall cause the proposed amendment to be submitted to the electors
of the state at the general election in April in the year 1999 unless a special election is called
at a sooner date by concurrent resolution of the legislature, in which case it shall be
submitted to the electors of the state at the special election.
On roll call, the vote was: Yeas 28, nays 11, present and passing 0; absent or not voting
1.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Corbin, Donovan, Emert, Gilstrap, Gooch,
Goodwin, Hardenburger, Hensley, Jones, Kerr, Langworthy, Lawrence, Morris, Oleen,
Petty, Praeger, Ranson, Salisbury, Salmans, Steffes, Stephens, Vidricksen, Vratil.
Nays: Bleeker, Clark, Downey, Harrington, Huelskamp, Jordan, Lee, Pugh, Steineger,
Tyson, Umbarger.
Absent or not voting: Feleciano.
A two-thirds constitutional majority having voted in favor of the resolution, SCR 1601
was adopted.
SCR 1606, A CONCURRENT RESOLUTION requesting the Governor of the state of
Kansas to identify funds available for training and retraining of long-term care staff, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Feleciano.
The resolution was adopted, as amended.
SCR 1607, A CONCURRENT RESOLUTION encouraging the observance of October
14 of each year as Dwight D. Eisenhower Day in the state of Kansas, was considered on
final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Feleciano.
The resolution was adopted, as amended.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, February 5,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.