February 1, 2000

Journal of the House

SIXTEENTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Tuesday, February 1, 2000, 11:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 108 members present.

 Rep. Henderson was excused on verified illness.

 Reps. Adkins, Allen, Ballard, Dean, Feuerborn, Hermes, Phil Kline, Mollenkamp, Nich-
ols, J. Peterson, Pottorff, Reardon, Reinhardt, Shriver, Spangler and Stone were excused on
legislative business.

   Prayer by the Rev. Jim Haney V, Rector, Good Shepherd Episcopal Church, Wichita:

               Almighty and Eternal God, our Lawgiver and Judge, we ask Your blessings upon
            our nation, especially today as the presidential campaign kicks into overdrive in New
            Hampshire.

             We ask Your presence and guidance for all those who seek the presidency: Deliver
            them from the demons of expediency and opportunism, and grant them the gifts of
            integrity and uprightness.

             We pray for all the voters in this country: Deliver them from cynicism and apathy,
            and grant that they may make wise choices for the welfare of this nation.

             And we pray for those who govern in this great state of Kansas, especially the
            members of this House: Sustain them in their deliberations and debates, uphold
            them as they grapple with bills and briefs, and grant that they may at all times and
            in all things serve both You and the people of this state.

             All this we ask through our Lord and Savior Jesus Christ.

            Amen.

   The Pledge of Allegiance was led by Rep. Jenkins.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills were introduced and read by title:

   HB 2775, An act concerning criminal procedure; relating to abatement of common nui-
sances; amending K.S.A. 22-3901 and repealing the existing section, by Representative Loyd.

 HB 2776, An act concerning naturopathic physicians; relating to the licensing and reg-
ulation thereof; amending K.S.A. 65-2872 and repealing the existing section; also repealing
K.S.A. 65-2872a, by Health Care Reform Legislative Oversight Committee.

 HB 2777, An act concerning insurance; providing coverage for contraceptives; amending
K.S.A. 1999 Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by Committee
on Insurance.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolutions were referred to committees as indicated:

   Agriculture: HB 2762.

 Appropriations: HB 2763.

 Business, Commerce and Labor: HB 2764, 2766, 2767, 2769.

 Financial Institutions: HB 2753, 2754.

 Health and Human Services: HB 2755, 2756, 2757, 2758, 2759, 2760, 2761.
 Insurance: HB 2765, 2770.

 Judiciary: HB 2772, 2773, 2774.

 Taxation: HB 2752.

 Transportation: HB 2768.

 Kansas 2000 Select: HB 2771.
CONSENT CALENDAR
 No objection was made to HB 2655 appearing on the Consent Calendar for the second
day.

 No objection was made to HB 2598 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Speaker pro tem Mays announced that order of business Final Action on Bills and Con-
current Resolutions would be passed over today.

REPORTS OF STANDING COMMITTEES
      The Committee on Federal and State Affairs recommends HB 2670 be amended on
page 5, in line 29, by striking ``state,'' and inserting ``state;''; in line 30, following ``state'' by
inserting a semicolon; in line 43, by striking ``on or after January'';

      On page 6, in line 1, by striking ``1, 2000,''; in line 13, by striking ``section''; in line 14, by
striking ``5'' and inserting ``subsection (u) of K.S.A. 79-3321'';

      On page 8, in line 20, before ``shall'' by inserting ``or has failed to comply with the pro-
visions of section 5, and amendments thereto,''; in line 41, by striking ``and'' and inserting
``or'';

      On page 9, in line 16, after ``3321'' by inserting ``and section 5''; in line 18, by striking all
following ``use''; in line 19, by striking all before the semicolon; and the bill be passed as
amended.

   The House stood at ease until the sound of the gavel.

______
 Speaker pro tem Mays called the House to order.

   Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and concurrent resolution were thereupon introduced and read by
title:

   HB 2778, An act concerning health insurance; providing coverage for secondary consul-
tation in cancer cases; amending K.S.A. 1999 Supp. 40-2,103 and 40-19c09 and repealing
the existing sections, by Committee on Insurance.

 HB 2779, An act concerning regulation and taxation of electric power producers; amend-
ing K.S.A. 1999 Supp. 66-104 and 79-5a01 and and repealing the existing sections, by Com-
mittee on Utilities.

 HB 2780, An act establishing a task force on long-term care services to study services
provided by the public and private sector to citizens of the state and laws and rules and
regulations relating to such services, by Committee on Health and Human Services.

 HB 2781, An act concerning the state corporation commission; relating to application of
certain penalties; amending K.S.A. 1999 Supp. 55-164 and repealing the existing section,
by Committee on Environment.

 HB 2782, An act concerning oil and gas; relating to disposition of certain fees; amending
K.S.A. 1999 Supp. 55-155, 55-161, 55-179 and 55-180 and repealing the existing sections,
by Committee on Environment.

 HB 2783, An act relating to economic development programs; requiring the establish-
ment of measurable goals therefor and requiring biennial data reporting, by Representative
Swenson.

 HB 2784, An act amending the Kansas consumer protection act; prohibiting certain
consumer telephone calls and providing remedies for violations; amending K.S.A. 1999
Supp. 50-670 and repealing the existing section, by Committee on Governmental Organi-
zation and Elections.

 HB 2785, An act concerning child custody; relating to custody when one parent is de-
ceased, by Representatives Lloyd and Loyd.

 HB 2786, An act concerning state moneys; providing for low interest loans for heritage
tourism and historic preservation; linked deposits; historic heritage preservation fund;
amending K.S.A. 75-4209 and 75-4237 and repealing the existing sections; also repealing
K.S.A. 75-2729 and 79-3107b, by Representative Kuether.

 HB 2787, An act concerning Kansas industries for the blind; transfer of assets; establish-
ing the KIB contingency fund, by Representative Kirk.

 HB 2788, An act concerning the state board of regents; relating to tuition, fees and
charges at state educational institutions; amending K.S.A. 76-719 and 76-812 and repealing
the existing sections, by Representative Johnston.

    HOUSE CONCURRENT RESOLUTION No. 5057--

  By Committee on Taxation
  A  PROPOSITION to amend section 1 of article 11 of the constitution of the state of Kansas,
relating to the classification of land devoted to recreational use.
 

      Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
      (or appointed) and qualified to the House of Representatives and two-thirds of the mem-
      bers elected (or appointed) and qualified to the Senate 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 11 of the constitution of the state of Kansas is hereby amended to read as follows:

              ``§  1. System of taxation; classification; exemption. (a) The provisions of this
      subsection shall govern the assessment and taxation of property on and after January 1,
      1993, and each year thereafter. Except as otherwise hereinafter specifically provided,
      the legislature shall provide for a uniform and equal basis of valuation and rate of taxation
      of all property subject to taxation. The legislature may provide for the classification and
      the taxation uniformly as to class of recreational vehicles, as defined by the legislature,
      or may exempt such class from property taxation and impose taxes upon another basis
      in lieu thereof. The provisions of this subsection shall not be applicable to the taxation
      of motor vehicles, except as otherwise hereinafter specifically provided, mineral prod-
      ucts, money, mortgages, notes and other evidence of debt and grain. Property shall be
      classified into the following classes for the purpose of assessment and assessed at the
      percentage of value prescribed therefor:

       Class 1 shall consist of real property. Real property shall be further classified into
      seven subclasses. Such property shall be defined by law for the purpose of subclassifi-
      cation and assessed uniformly as to subclass at the following percentages of value:

(1) Real property used for residential purposes including multi-family residential real property and real property necessary to accommodate a res-idential community of mobile or manufactured homes including the realproperty upon which such homes are located 11½%
(2) Land devoted to agricultural use which shall be valued upon the basis ofits agricultural income or agricultural productivity pursuant to section 12of article 11 of the constitution 30%
(3)Vacant lots 12%
(4) Real property which is owned and operated by a not-for-profit organiza-tion not subject to federal income taxation pursuant to section 501 of thefederal internal revenue code, and land which is devoted to recreationaluse, and which real property or land is included in this subclass bylaw 12%
(5) Public utility real property, except railroad real property which shall beassessed at the average rate that all other commercial and industrial prop-erty is assessed 33%
(6) Real property used for commercial and industrial purposes and buildingsand other improvements located upon land devoted to agricultural use 25%
(7) All other urban and rural real property not otherwise specificallysubclassified 30%
         Class 2 shall consist of tangible personal property. Such tangible personal property
      shall be further classified into six subclasses, shall be defined by law for the purpose of
      subclassification and assessed uniformly as to subclass at the following percentages of
      value:

(1) Mobile homes used for residential purposes 11½%
(2) Mineral leasehold interests except oil leasehold interests the average dailyproduction from which is five barrels or less, and natural gas leaseholdinterests the average daily production from which is 100 mcf or less, whichshall be assessed at 25% 30%
(3) Public utility tangible personal property including inventories thereof, ex-cept railroad personal property including inventories thereof, which shallbe assessed at the average rate all other commercial and industrial prop-erty is assessed 33%
(4) All categories of motor vehicles not defined and specifically valued andtaxed pursuant to law enacted prior to January 1, 1985 30%
(5) mercial and industrial machinery and equipment which, if its economiclife is seven years or more, shall be valued at its retail cost when new lessseven-year straight-line depreciation, or which, if its economic life is lessthan seven years, shall be valued at its retail cost when new less straight-line depreciation over its economic life, except that, the value so obtainedfor such property, notwithstanding its economic life and as long as suchproperty is being used, shall not be less than 20% of the retail cost whennew of such property 25%
(6) All other tangible personal property not otherwise specificallyclassified 30%
              ``(b) All property used exclusively for state, county, municipal, literary, educational,
      scientific, religious, benevolent and charitable purposes, farm machinery and equipment,
      merchants' and manufacturers' inventories, other than public utility inventories included
      in subclass (3) of class 2, livestock, and all household goods and personal effects not used
      for the production of income, shall be exempted from property taxation.''

        Sec.  2. The following statement shall be printed on the ballot with the amendment as
a whole:

        ``Explanatory statement. This amendment would reclassify land devoted to recreational
            use if so provided by law.

            ``A vote for this proposition would allow the enactment of law providing for the reclas-
            sification of land devoted to recreational use from subclass (7) to subclass (4) of class
            1, thereby reducing the assessment rate to be applied for property tax purposes from
            30% to 12%.

            ``A vote against this proposition would continue the application of the existing assessment
            rate of 30% to land devoted to recreational use for property tax purposes.''

              Sec.  3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives and two-thirds of the members elected (or
appointed) and qualified to the Senate, 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 to be held on November 7, 2000.

CHANGE OF REFERENCE
 Speaker pro tem Mays announced the withdrawal of HB 2682 from Committee on Ju-
diciary and referral to Committee on Business, Commerce and Labor.

REPORT ON ENGROSSED BILLS
 HB 2660 reported correctly engrossed January 31, 2000.

   On motion of Rep. Weber, the House adjourned until 11:00 a.m., Tuesday, February 2,
2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.