Topeka, KS, Wednesday, February 9, 2000, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Haley was excused on excused absence by the Speaker.
Present later: Rep. Haley.
Prayer by Chaplain Svoboda:
Gracious and Loving God,
You are in the midst of us
at all times
and in all places.
Even as we speak on this floor--
even as we confront those who oppose us--
even when we are alone.
Help us to be mindful
that you are here with us, listening . . .
ready to council and guide us
if we only but stop and listen.
We ask your grace to be in this room, and with each of us.
Amen.
The Pledge of Allegiance was led by Rep. Feuerborn.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were introduced and read by title:
HB 2911, An act defining and classifying the crime of use of communication facilities
for harassment; amending K.S.A. 21-4113 and repealing the existing section, by Select
Committee on Information Management.
HB 2912, An act concerning state educational institutions under the control and
supervision of the state board of regents; relating to residence for fee purposes; amending
K.S.A. 1999 Supp. 76-729 and repealing the existing section, by Representative Johnson.
HB 2913, An act enacting the Kansas opportunity scholarship research experiment act,
by Committee on Education.
HB 2914, An act concerning insurance companies; regarding the privacy of medical
records, enacting the health information privacy act, by Representatives Findley, Barnes,
Crow, Dean, Flaharty, Gilbert, Kirk, McClure, O'Brien, Pauls, Phelps, Rehorn, Ruff,
Showalter, Spangler, Swenson, Toelkes and Wells.
HB 2915, An act amending and supplementing the Kansas consumer protection act;
relating to telemarketing fraud; requiring registration and certain record keeping;
prohibiting certain acts and providing penalties and remedies for violations; concerning prize
notification; amending K.S.A. 50-672, 50-675 and 50-692 and repealing the existing sections,
by Representatives Findley, Ballard, Barnes, Crow, Dean, Feuerborn, Garner, Gilbert,
Henderson, Johnston, Kirk, Larkin, M. Long, McClure, McKechnie, Minor, Nichols,
O'Brien, Pauls, E. Peterson, Phelps, Reardon, Rehorn, Ruff, Sharp, Showalter, Spangler,
Storm, Swenson, Toelkes, Wells and Welshimer.
HB 2916, An act concerning children; relating to mental or emotional abuse; amending
K.S.A. 38-1521, 38-1523a, 38-1524, 38-1525, and 38-1526 and K.S.A. 1999 Supp. 38-1502,
38-1522, 38-1542, 38-1543 and 38-1663 and repealing the existing sections, by
Representative Gregory.
HOUSE CONCURRENT RESOLUTION No. 5064--
By Representatives P. Long and Dahl, Faber, Farmer, Gregory, Hutchins, Landwehr,
Mason, Mayans, Mays, McCreary, Merrick, Jim Morrison, Judy Morrison, Myers,
O'Connor, Osborne, Palmer, Powers, Shultz, Toplikar and Vining
A PROPOSITION to amend article 11 of the constitution of the state of Kansas by adding
a new section thereto, prohibiting the increase of the rate of certain taxes.
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 members 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: Article
11 of the constitution of the state of Kansas is hereby amended by adding a new section
thereto to read as follows:
``§ 14. Prohibition against tax rate increases. No enactment of the legislature
shall: (a) Increase the rate of any tax imposed prior to November 7, 2000; (b) impose
a new tax after November 7, 2000; or (c) increase the rate of any tax described by
clause (b), without the affirmative vote of two-thirds of the members of the House
of Representatives and the Senate.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would establish a prohibition against
general tax rate increases.
``A vote for this proposition would establish a prohibition against increases of the
rate of any tax which was imposed prior to November 7, 2000, or the imposition or
the increase of the rate of a tax newly imposed after November 7, 2000, without a
two-thirds affirmative vote of the members of the House of Representatives and the
Senate.
``A vote against this proposition would maintain the absence of any tax levy rate
increase limitation in the constitution.''
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.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HCR 5063.
Appropriations: HB 2902, 2904, 2910.
Education: HB 2899, 2901.
Environment: HB 2898.
Governmental Organization and Elections: HB 2889.
Health and Human Services: HB 2886, 2888, 2895, 2900.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2591 from Committee on
Education and referral to Committee on Appropriations.
Also, the withdrawal of HB 2784 from Committee on Governmental Organization and
Elections and referral to Committee on Utilities.
COMMUNICATIONS FROM STATE OFFICERS
From Charles R. Ranson, President, Kansas, Inc., as required by K.S.A. 74-50,101,
Evaluation of The Metropolitan Strategic Planning Grant Program, November, 1999.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
Announcing passage of SB 465, 473.
The Senate concurs in House amendments to Sub. SB 243.
The Senate concurs in House amendments to H. Sub. for SB 244.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 465, 473.
CONSENT CALENDAR
No objection was made to HCR 5005 appearing on the Consent Calendar for the first
day.
No objection was made to SB 375 appearing on the Consent Calendar for the second
day.
No objection was made to HB 2643, 2676 appearing on the Consent Calendar for the
third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2643, An act regulating traffic; concerning the width of certain loads on vehicles;
amending K.S.A. 1999 Supp. 8-1902 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2676, An act relating to banks and trust companies; concerning board of directors;
amending K.S.A. 1999 Supp. 9-1114 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 1; Absent or not
voting: 1.
HB 2597, An act concerning underground storage of natural gas; amending K.S.A. 55-
1201, 55-1204, 55-1205, 55-1208, 55-1209 and 55-1210 and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2670, An act concerning cigarettes and tobacco products; relating to the regulation
of the sales thereof; amending K.S.A. 79-3301, 79-3302 and 79-3321 and K.S.A. 1999 Supp.
79-3322 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2671, An act concerning the probate code; relating to estate taxes; amending K.S.A.
59-808, 59-1410, 59-1413, 59-2249, 59-2251, 59-2286, 59-2287, 59-3204 and 59-3302 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2672, An act concerning taxation; relating to estates; amending K.S.A. 1999 Supp.
79-15,107, 79-15,114, 79-15,123 and 79-15,124 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2677, An act relating to insurance; concerning title insurance; amending K.S.A. 1999
Supp. 40-1137 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
HB 2691, An act amending the uniform consumer credit code; amending K.S.A. 16a-6-
203 and K.S.A. 1999 Supp. 16a-1-301, 16a-2-302, 16a-2-401 and 16a-6-117 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 3; Present but not voting: 0; Absent or not
voting: 0.
Also, on further motion of Rep. Powers to divide the question, the Chair ruled the motion
out of order.
Also, on motion of Rep. Gatewood SB 316 be amended on page 3, in line 29, before the
semicolon, by inserting ``or who is 65 or more years of age'';
On page 5, in line 33, before the semicolon, by inserting ``or who is 65 or more years of
age'';
On page 8, by striking all in lines 11 through 14; in line 15, by striking ``(e)'' and inserting
``(d)'';
Also, on motion of Rep. Allen SB 316 be amended on page 1, in line 34, before the
period, by inserting ``, except a nonresident regardless of age shall pay the full fee'';
On page 2, in line 15, before the period, by inserting ``, except a nonresident regardless
of age shall pay the full fee'';
Also, on motion of Rep. Hutchins to amend SB 316, Rep. Mason requested a ruling on
the amendment being in order. The Rules Chair ruled the amendment in order. The
question then reverted back to the motion of Rep. Hutchins to amend, which was withdrawn.
Also, on motion of Rep. Mason SB 316 be amended on page 3, in line 19, by striking
``1998'' and inserting ``1999'';
On page 6, by striking all of lines 19 through 43;
By striking all of page 7;
On page 8, by striking all of lines 1 through 19; after line 24, by inserting:
``Sec. 4. K.S.A. 1999 Supp. 32-988 is hereby amended to read as follows: 32-988. (a)
The secretary is authorized to adopt, in accordance with K.S.A. 32-805 and amendments
thereto, rules and regulations fixing the amount of fees for the following items, subject to
the following limitations and subject to the requirement that no such rules and regulations
shall be adopted as temporary rules and regulations:
Big game permits
Resident: minimum $10, maximum $100
Nonresident: minimum $30, maximum $400
Big game tag: maximum $10
Nonresident applications: maximum $5
Combination hunting and fishing licenses
Resident: minimum $10, maximum $30
Lifetime: minimum $400, maximum $600; or 8 quarterly payments,
each minimum $55, maximum $80
Nonresident: minimum $75, maximum $125
Commercial dog training permits: minimum $10, maximum $25
Commercial guide permit or associate guide permit: maximum $50
Commercial harvest or dealer permits: minimum $10, maximum $200
Commercial prairie rattlesnake harvesting permits
Resident or nonresident with valid hunting license: maximum $5
Resident or nonresident nonfirearm without valid hunting license: maximum $20
Controlled shooting area operator license: minimum $200, maximum $400
Duplicate licenses, permits, stamps and other issues of the department: maximum $10
Falconry
Permits: minimum $50, maximum $300
Examinations: minimum $25, maximum $100
Field trial permits: minimum $10, maximum $25
Fishing licenses
Resident: minimum $5, maximum $15
Lifetime: minimum $200, maximum $300; or 8 quarterly payments,
each minimum $30, maximum $45
Nonresident: minimum $15, maximum $50
Five-day nonresident: minimum $5, maximum $15
Institutional group: minimum $100, maximum $200
Special nonprofit group: minimum $50, maximum $200
Twenty-four-hour: maximum $3
Fur dealer licenses
Resident: minimum $50, maximum $200
Nonresident: minimum $50, maximum $400
Furharvester licenses
Resident: minimum $10, maximum $20
Lifetime: minimum $200, maximum $300; or 8 quarterly payments,
each minimum $30, maximum $45
Nonresident: minimum $50, maximum $400
Game breeder permits: minimum $2, maximum $15
Handicapped hunting and fishing permits: maximum $5
Hound trainer-breeder running permits: minimum $10, maximum $25
Hunting licenses
Resident: minimum $5, maximum $15
Lifetime: minimum $200, maximum $300; or 8 quarterly payments,
each minimum $30, maximum $45
Nonresident: minimum $25, maximum $75
Controlled shooting area: minimum $5, maximum $15
Forty-eight-hour waterfowl permits: maximum $25
Migratory waterfowl habitat stamps: minimum $3, maximum $5
Mussel fishing licenses
Resident: minimum $25, maximum $200
Nonresident: minimum $50, maximum $1,500
Rabbit permits
Live trapping: maximum $200
Shipping: minimum $25, maximum $400
Raptor propagation permits: maximum $100
Rehabilitation permits: maximum $50
Scientific, educational or exhibition permits: maximum $10
Wildlife damage control permits: maximum $10
Wildlife importation permits: maximum $10
Special permits under K.S.A. 32-961: maximum $100
Miscellaneous fees
Special events on department land or water: maximum $200
Special departmental services, materials or supplies: no maximum
Other issues of department: no maximum
Vendor bond: no maximum
(b) The fee for a landowner-tenant resident big game hunting permit shall be an amount
equal to 1/2 the fee for a general resident big game hunting permit.
(c) The fee for a furharvester license for a resident under 16 years of age shall be an
amount equal to 1/2 the fee for a resident furharvester license.
(d) For a resident 65 or more years of age the fee for a hunting license, fishing license, combination hunting and fishing license, lifetime hunting license, lifetime fishing license or lifetime combination hunting and fishing license shall be an amount equal to 1/2 the fee for a resident license.
(d)(e) The secretary may establish, by rules and regulations adopted in accordance with
K.S.A. 32-805 and amendments thereto, different fees for various classes and types of
licenses, permits, stamps and other issuances of the department which may occur within
each item as described under subsection (a).
(e) The fee for a lifetime furharvester license shall be $240 from the effective date of this act through calendar year 1999.'';
Also on page 8, in line 25, by striking ``1998'' and inserting ``1999''; in line 28, by striking
``2000'' and inserting ``2001'';
In the title, in line 11, by striking ``1998'' and inserting ``1999'';
and SB 316 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Health and Human Services recommends HB 2756 be passed.
The Committee on Transportation recommends HB 2258 be amended on page 1, in
line 34, following ``(c)'' by inserting ``(1)''; following line 36, by inserting the following:
``(2) From and after the effective date of this act and prior to July 1, 2001, a law
enforcement officer shall issue a warning citation to anyone violating the provisions of this
subsection.''; and the bill be passed as amended.
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 2917, An act concerning cigarette and tobacco products regulation; relating to
administrative fines; amending K.S.A. 1999 Supp. 79-3391 and repealing the existing section,
by Representative Flower.
HB 2918, An act concerning child death; amending K.S.A. 22a-241, 22a-242, 22a-243,
22a-244, 22a-245 and 22a-246 and repealing the existing sections, by Representatives
Carmody, Boston, Campbell, Dahl, Faber, Farmer, Flower, Gregory, Howell, Hutchins,
Jennison, Phill Kline, Landwehr, Larkin, Lightner, P. Long, Mayans, Mays, McClure,
McCreary, Mollenkamp, Jim Morrison, Myers, Neufeld, O'Neal, Pauls, Powell, Reardon,
Thimesch, Toplikar, Vining, Wagle, Weber and Wilk.
HB 2919, An act concerning alcoholic liquor; relating to location of certain premises
where sold; amending K.S.A. 41-710 and repealing the existing section, by Representatives
Phill Kline and Judy Morrison.
HB 2920, An act concerning the open records act; concerning records not required to
be open; amending K.S.A. 45-215 and K.S.A. 1999 Supp. 45-221 and repealing the existing
sections, by Committee on Governmental Organization and Elections.
HB 2921, An act relating to drivers' licenses; concerning motorized bicycles; amending
K.S.A. 1999 Supp. 8-235 and 8-293 and repealing the existing sections, by Representative
Klein.
HB 2922, An act concerning certain animals; penalties for inflicting harm or death;
amending K.S.A. 1999 Supp. 21-4318 and repealing the existing section, by Committee on
Federal and State Affairs.
HB 2923, An act concerning the Kansas City area transportation district and authority
compact; relating to financing thereof, by Committee on Transportation.
HB 2924, An act concerning disabled persons; regarding the use of specially trained
animals; amending K.S.A. 39-1101, 39-1102, 39-1103, 39-1105, 39-1107, 39-1108 and 39-
1109 and repealing the existing sections, by Representatives Freeborn, Allen, Compton,
Faber, Farmer, Flower, Garner, Humerickhouse, Hutchins, Johnson, Phill Kline, P. Long,
Mays, Merrick, Neufeld, Powell, Tanner and Wagle.
HB 2925, An act relating to property taxation; concerning the publication of delinquency
listings; amending K.S.A. 79-2303 and repealing the existing section, by Representative
Rehorn.
HB 2926, An act concerning state and tribal relations; relating to certain agreements
between the state of Kansas and native American Indian tribes; amending K.S.A. 1999 Supp.
46-2302 and 46-2303 and repealing the existing sections, by Joint Committee on State-Tribal
Relations.
HB 2927, An act concerning termination of parental rights; relating to emergency
possession of abandoned children by an emergency medical service or ambulance service;
amending K.S.A. 1999 Supp. 38-1583 and repealing the existing section, by Representatives
O'Connor, Aday, Compton, Dahl, Freeborn, Hutchins, Johnston, Larkin, Lightner, M.
Long, P. Long, McClure, Mollenkamp, Myers, Pauls, Powers, Ruff, Shultz, Spangler, Vining
and Wilk.
HB 2928, An act concerning elections; relating to election judges and clerks; amending
K.S.A. 1999 Supp. 25-2804 and repealing the existing section, by Committee on Federal
and State Affairs.
HB 2929, An act relating to Kansas technology enterprise corporation; concerning senior
administrators; amending K.S.A. 1999 Supp. 74-8101 and repealing the existing section, by
Committee on Federal and State Affairs.
HB 2930, An act concerning employees and employers; relating to workers
compensation; amending K.S.A. 1999 Supp. 44-532 and repealing the existing section, by
Committee on Federal and State Affairs.
HB 2931, An act relating to motor vehicles; providing for distinctive license plates for
persons who are firefighters, by Committee on Federal and State Affairs.
HB 2932, An act creating the council on obesity prevention and management, by
Representatives Ballard, Barnes, Compton, Empson, Findley, Flaharty, Flower, Gatewood,
Gilbert, Henderson, Henry, Horst, Hutchins, Kirk, Kuether, Landwehr, P. Long, McClure,
McKinney, Nichols, Pauls, E. Peterson, Pottorff, Ray, Reardon, Sharp, Showalter, Spangler,
Storm, Toelkes, Weber, Weiland and Welshimer.
HB 2933, An act relating to the employment security law; allow optional coverage for
certain employees and employers thereunder; amending K.S.A. 44-711 and K.S.A. 1999
Supp. 44-703 and repealing the existing sections, by Representative McCreary.
HB 2934, An act concerning school district finance; relating to local option budgets;
affecting the definition of state prescribed percentage; amending K.S.A. 1999 Supp. 72-
6433 and repealing the existing section, by Representatives Carmody, Adkins, Allen, Benlon,
Campbell, Hayzlett, Huff, Phill Kline, Lane, Lightner, Merrick, Judy Morrison, O'Connor,
Ray, Storm, Tomlinson and Toplikar.
HB 2935, An act concerning child support; relating to the failure to pay; administratively
suspending a driver's license or placing a distraint on a motor vehicle, by Representative
Landwehr.
HB 2936, An act relating to vocational education; authorizing tax credits for donations
of equipment and machinery to vocational colleges and area vocational-technical schools,
by Committee on Business, Commerce and Labor.
HB 2937, An act relating to big game animals; providing for reimbursement for big game
damage under certain circumstances, by Representatives Schwartz, Dreher, Flower,
Freeborn, Humerickhouse, Hutchins, Lloyd, P. Long and J. Peterson.
HB 2938, An act relating to the practice of accountancy; concerning the regulation
thereof; amending K.S.A. 1-201, 1-204 and 1-302a and K.S.A. 1999 Supp. 1-202, 1-301, 1-
302, 1-302b, 1-307, 1-308, 1-310, 1-311, 1-316 and 1-319 and repealing the existing sections;
also repealing K.S.A. 1-317, by Committee on Business, Commerce and Labor.
HB 2939, An act enacting the interstate compact for adult offenders supervision;
repealing K.S.A. 22-4101, 22-4102 and 22-4103, by Representative Adkins.
HB 2940, An act concerning the department of corrections; relating to the relocation of
certain functions; concerning officers and employees laid off therefrom; prescribing certain
benefits and procedures therefrom; amending K.S.A. 75-4370 and K.S.A. 1999 Supp. 75-
6801 and repealing the existing sections, by Committee on Appropriations.
HB 2941, An act concerning law enforcement officers; relating to training; amending
K.S.A. 1999 Supp. 74-5602, 74-5605 and 74-5609a and repealing the existing sections, by
Committee on Appropriations.
HB 2942, An act concerning indigent persons; establishing the family development
account program and family development account reserve fund, by Representatives Haley,
Barnes, Gilbert, Henderson, Kirk, Ruff, Spangler, Toelkes and Wells.
HB 2943, An act concerning emergency telephone taxes; relating to use of proceeds;
amending K.S.A. 1999 Supp. 12-5304 and repealing the existing section, by Committee on
Utilities.
HB 2944, An act relating to income taxation; providing rebates of excess general fund
receipts, by Representatives Gregory and Aday, Lloyd, P. Long, Mays, Osborne and Powers.
HB 2945, An act concerning emergency telephone service; establishing a task force to
make recommendations to the legislature regarding emergency telephone service, by
Committee on Utilities.
HB 2946, An act concerning school district finance; authorizing the adoption of special
needs local enhancement budgets by boards of education and providing for the financing
of such budgets, by Representatives Phill Kline and Jennison.
HB 2947, An act concerning the state fossil, by Representatives Phelps, Huff, P. Long,
McClure, McKechnie, Osborne and E. Peterson.
HB 2948, An act concerning the residential landlord and tenant act; relating to the
termination of the rental agreement; expedited eviction procedure act; amending K.S.A. 58-
2543 and 58-2564 and repealing the existing sections, by Representatives Rehorn and Flora.
HB 2949, An act concerning firearms; relating to certain sales, deliveries or other
transfers thereof, by Representative Toplikar.
HB 2950, An act concerning the state employees health care commission; relating to
contracts; amending K.S.A. 75-6504 and 75-6522 and repealing the existing sections, by
Committee on Insurance.
HB 2951, An act concerning health insurance; reorganizing the Kansas state employees
health care commission; amending K.S.A. 75-6501, 75-6503, 75-6504, 75-6505, 75-6506,
75-6508, 75-6509, 75-6510, 75-6511, 75-6512, 75-6513, 75-6520, 75-6521, 75-6522 and 75-
6523 and repealing the existing sections; also repealing K.S.A. 75-6502, by Committee on
Insurance.
HB 2952, An act concerning crimes and punishment; relating to stalking; amending
K.S.A. 21-3438 and repealing the existing section, by Representatives Storm, Alldritt,
Ballard, Barnes, Campbell, Crow, Gatewood, Haley, Johnston, Kirk, Phil Kline, Phill Kline,
Kuether, Mayans, Pottorff, Rehorn, Showalter, Swenson and Tomlinson.
HB 2953, An act concerning children; relating to school attendance; amending K.S.A.
38-1568 and K.S.A. 1999 Supp. 38-1502 and 72-1113 and repealing the existing sections,
by Representatives Gregory and Weber.
HOUSE CONCURRENT RESOLUTION No. 5065--
By Representative Edmonds
A PROPOSITION to amend section 2 of article 2 of the constitution of the state of
Kansas, relating to members of the senate and house of representatives.
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 members 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
2 of article 2 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 2. Senators and representatives. The number of representatives and
senators shall be regulated by law, but shall not exceed one hundred twenty-five
representatives and forty senators. Representatives and senators shall be elected from
single-member districts prescribed by law. Representatives shall be elected for two
year terms. Senators shall be elected for four year terms. The terms of representatives
and senators shall commence on the second Monday of January of the year following
election. Except as otherwise hereinafter provided, no person shall be elected at any general election for more than three successive four-year terms as a member of the senate, and no person shall be elected at any general election for more than six successive two-year terms as a member of the house of representatives. Any person filing a ballot access petition in the manner prescribed by law which is signed by qualified electors of the district equal in number to not less than 20% of the total number of electors of the district who voted for the office of the secretary of state at the last general election for such office, may become a candidate for and may be elected, in the manner prescribed by law, to successive terms of office in the senate and house of representatives in excess of the limitations hereinbefore prescribed.''
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 limit the number of
terms for which a person can be elected as a member of the senate and house
of representatives except upon the filing of a sufficient petition signed by qualified
electors of the district requesting that a person be permitted to be elected to an
additional successive term.
``A vote for this amendment favors limiting the number of terms for which a person
can be elected as a member of the senate and house of representatives but
reserving to the qualified electors of the district the right to petition for the right
of a designated person to be allowed to be elected to an additional successive
term.
``A vote against this amendment favors retaining the present language of the
constitution which places no limit upon the number of terms to which a person
can be elected as a member of either house of the legislature.''
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 in the year 2000 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.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2851 from Committee on
Education and referral to Committee on Financial Institutions.
On motion of Rep. Glasscock, the House recessed until 5:00 p.m.
______
Evening Session
The House met pursuant to recess with Speaker pro tem Mays in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolutions were introduced and read by title:
HB 2954, An act concerning taking of coyotes; amending K.S.A. 32-919 and K.S.A.
1999 Supp. 32-701 and 32-911 and repealing the existing sections, by Representative Weber.
HB 2955, An act concerning children in need of care; amending K.S.A. 38-1503 and
repealing the existing section, by Representatives Flora, Hermes, Horst, Hutchins, Jenkins,
Kirk, Kuether, Mays, Nichols and Toelkes.
HB 2956, An act concerning civil procedure for limited actions; amending K.S.A. 61-
1803 and 61-1807 and repealing the existing sections, by Representatives Flora, Hermes,
Hutchins, Jenkins, Kirk, Kuether, Mays, Nichols and Toelkes.
HB 2957, An act concerning civil procedure for limited actions; relating to garnishment;
amending K.S.A. 61-2005 and 61-2006 and repealing the existing sections, by Representa-
tives Flora, Hermes, Hutchins, Jenkins, Kirk, Kuether, Mays, Nichols and Toelkes.
HB 2958, An act concerning crimes and punishment; relating to violent crimes commit-
ted with a firearm; amending K.S.A. 1999 Supp. 21-4704 and repealing the existing section,
by Representatives Osborne and Glasscock and Aday, Adkins, Ballou, Barnes, Beggs, Be-
thell, Boston, Burroughs, Campbell, Compton, Dahl, Dreher, Edmonds, Faber, Farmer,
Findley, Flaharty, Flower, Geringer, Gregory, Henry, Hermes, Horst, Howell, Huff, Hu-
merickhouse, Hutchins, Jennison, Johnson, Phill Kline, Larkin, Light, Lloyd, P. Long, Ma-
yans, Mays, McCreary, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, O'Brien,
O'Connor, Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Schwartz, Sharp, Show-
alter, Shultz, Sloan, Spangler, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wa-
gle, Weiland and Wilk.
HB 2959, An act making and concerning appropriations for the fiscal year ending June
30, 2001, for the department of commerce and housing; relating to a weather radio service
broadcast transmitter grant program; authorizing certain transfers and imposing certain
restrictions and limitations, and directing or authorizing certain receipts and disbursements
and acts incidental to the foregoing, by Representative Alldritt.
HB 2960, An act concerning school districts; providing for a character education grant
program, by Representatives Garner, Barnes, Flaharty and Ruff.
HB 2961, An act concerning school district finance; increasing base state aid per pupil;
amending K.S.A. 1999 Supp. 72-6410 and repealing the existing section, by Representatives
Garner, Alldritt, Ballard, Barnes, Burroughs, Crow, Dean, Feuerborn, Findley, Flaharty,
Flora, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Johnston, Kirk, Klein, Kuether,
Larkin, McKechnie, O'Brien, Pauls, E. Peterson, Phelps, Reardon, Rehorn, Ruff, Sharp,
Showalter, Spangler, Storm, Tedder, Toelkes, Weiland, Wells and Welshimer.
HB 2962, An act concerning motor vehicles; providing for the issuance of fraternal order
of police license plates, by Representatives Spangler, Ballard, Campbell, Crow, Findley,
Flora, Garner, Gilbert, Haley, Henderson, Kirk, Phill Kline, Kuether, Nichols, Reardon,
Rehorn, Ruff, Tedder and Toelkes.
HB 2963, An act concerning health care; establishing the managed care responsibility
act. Barnes, Burroughs, Crow, Flaharty, Garner, Gilbert, Henderson, Kirk, McClure,
McKechnie, O'Brien, Rehorn, Ruff, Sharp, Spangler, Storm, Swenson, Toelkes and Wells.
HB 2964, An act concerning employers' monitoring of certain employee records, by
Representatives Dean, Barnes, Kirk, Ruff, Toelkes and Welshimer.
HB 2965, An act concerning salaries and compensation for state officers and employees;
providing for the modification of the pay plan to add an additional wage step above wage
step 15, making appropriations for the fiscal year ending July 30, 2001, by Representatives
Findley, Ballard, Barnes, Crow, Flora, Grant, Henderson, Kirk, Kuether, Nichols, Ruff,
Spangler, Storm, Swenson, Tedder and Toelkes
HB 2966, An act establishing a senior pharmacy assistance program; providing for ad-
ministration of the program by the secretary of aging, by Representatives Findley, Showalter,
Garner, Barnes, Burroughs, Crow, Feuerborn, Flaharty, Gatewood, Gilbert, Haley, Hen-
derson, Kirk, Kuether, Larkin, McClure, McKechnie, Minor, O'Brien, Pauls, E. Peterson,
Phelps, Reardon, Rehorn, Ruff, Sharp, Spangler, Storm, Tedder, Toelkes and Wells.
HB 2967, An act making and concerning appropriations for the fiscal years ending June
30, 2001, June 30, 2002 and June 30, 2003, for the Kansas commission on veterans affairs
for a donation for the National World War II Memorial; authorizing certain transfers and
imposing certain restrictions and limitations, and directing or authorizing certain receipts
and disbursements and acts incidental to the foregoing, by Representatives Garner, Ballard,
Barnes, Burroughs, Crow, Dean, Feuerborn, Findley, Flaharty, Gilbert, Grant, Henderson,
Johnston, Kirk, Kuether, Larkin, M. Long, McClure, McKechnie, Minor, O'Brien, Pauls,
E. Peterson, Phelps, Reardon, Rehorn, Ruff, Sharp, Showalter, Shriver, Spangler, Storm,
Toelkes and Wells
HB 2968, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system and systems thereunder; postretirement benefit increase, by
Representatives Nichols and Alldritt, Barnes, Burroughs, Crow, Dean, Findley, Flaharty,
Flora, Garner, Gatewood, Gilbert, Grant, Haley, Henderson, Johnston, Kirk, Klein,
Kuether, Larkin, M. Long, O'Brien, E. Peterson, Reardon, Rehorn, Ruff, Showalter, Span-
gler, Toelkes, Wells and Welshimer.
HB 2969, An act concerning crimes and punishment; relating to domestic battery;
amending K.S.A. 1999 Supp. 21-4704 and repealing the existing section, by Representatives
Crow and Hermes, Johnston, Kuether, Lloyd, Loyd, Judy Morrison, Ray, Ruff, Showalter,
Storm and Tomlinson .
HB 2970, An act establishing the Kansas civil rights history project task force; providing
for the duties thereof, by Representatives Garner, Ballard, Barnes, Crow, Dean, Findley,
Flora, Gilbert, Haley, Henderson, Kirk, Kuether, Larkin, McClure, McKinney, O'Brien, E.
Peterson, Reardon, Rehorn, Ruff, Sharp, Showalter, Spangler, Swenson, Toelkes, Wells and
Welshimer.
HB 2971, An act relating to housing; concerning administration of state housing program;
establishing a state housing corporation; amending K.S.A. 74-5084 and 74-5085 and K.S.A.
1999 Supp. 74-5086a and repealing the existing sections; also repealing K.S.A. 74-5082 and
74-5083, by Representatives Aday, Alldritt, Ballard, Barnes, Beggs, Benlon, Boston, Bur-
roughs, Campbell, Compton, Cox, Crow, Dean, Faber, Feuerborn, Findley, Flaharty, Flora,
Flower, Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Horst, Huff, Humerickhouse, Jennison,
Johnson, Johnston, Kirk, Kuether, Larkin, Light, Lightner, P. Long, Loyd, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Nichols, O'Brien, Osborne,
Pauls, Phelps, Pottorff, Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter,
Shriver, Shultz, Spangler, Stone, Storm, Tedder, Thimesch, Toelkes, Tomlinson, Vickrey,
Weber and Welshimer.
HB 2972, An act enacting the harnessing opportunity, performance and excellence act;
amending K.S.A. 1999 Supp. 40-2803, 40-2804, 74-5093, 74-5097, 74-5098 and 79-32,117
and repealing the existing sections; also repealing K.S.A. 1999 Supp. 74-50,100 and 74-
50,101, by Representatives Phill Kline, Gilbert, Haley, Henderson, Landwehr, Powell, Re-
horn, Spangler and Wagle.
HOUSE CONCURRENT RESOLUTION No. 5066--
By Representatives Dean, Barnes, Crow, Gilbert, O'Brien,
Rehorn, Ruff and Swenson
A PROPOSITION to amend sections 3 and 7 of article 6 of the constitution of the state
of Kansas, relating to the state board of education.
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
3 of article 6 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 3. Members of state board of education and state board of regents. (a) There shall be ten members ofFrom and after January 13, 2003, the state board of
education shall have eleven members with overlapping terms as the legislature may
prescribe. The legislature shall make provision for ten member districts, each com- prised of four contiguous senatorial districts.Ten members of the state board of education shall be elected from single-member districts prescribed by law. The elec-
tors of each member district shall elect one person residing in the district as a mem-
ber of the board. One member of the state board of education shall be elected from the state at large. The electors of this state shall elect one person residing in this state as a member of the board. Such member shall serve as the chairperson of the board.
The legislature shall prescribe the manner in which vacancies occurring on the board
shall be filled.
``(b) The state board of regents shall have nine members with overlapping terms
as the legislature may prescribe. Members shall be appointed by the governor, sub-
ject to confirmation by the senate. Not less than one member shall be appointed
from each congressional district with the remaining members appointed at large,
however, no two members shall reside in the same county at the time of their ap-
pointment. Vacancies occurring on the board shall be filled by appointment by the
governor as provided by law.
``(c) Subsequent redistricting shall not disqualify any member of either board
from service for the remainder of hisa full term of office. Any member of either
board may be removed from office for cause as may be provided by law.
''§ 7. Savings clause.(a) All laws in force at the time of the adoption of this
amendment and consistent therewith shall remain in full force and effect until
amended or repealed by the legislature. All laws inconsistent with this amendment,
unless sooner repealed or amended to conform with this amendment, shall remain
in full force and effect until July 1, 19692002.
(b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruc- tion shall be elected after January 1, 1967.
(c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The constitution of this state provides that a ten-member state
board of education be elected from member districts which are each composed of
four state senatorial districts.
``A vote for this proposition would increase the number of members on the board from
10 to 11, eliminate the requirement that each state board of education member
district be composed of four state senatorial districts, provide for establishment by
law of ten state board of education member districts and for one member of the
state board to be chosen from each member district by the electors of such district,
require one member of the state board of education to be chosen from the state at
large by the electors of the state and provide that such member serve as the chair-
person of the state board.
``A vote against this proposition would retain the composition of the state board of
education with 10 members, continue the requirement that each state board of ed-
ucation member district be composed of four state senatorial districts with one mem-
ber of the state board being elected from each such member district, and foreclose
the opportunity for one member of the state board to be chosen statewide.''
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 in the year 2000 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.
HOUSE CONCURRENT RESOLUTION No. 5067--
By Representatives P. Long, Campbell, Compton, Dahl, Faber, Farmer, Gregory, Howell,
Hutchins, Landwehr, Mayans, Mays, McCreary, Judy Morrison, Myers, O'Connor, Pal-
mer, Phelps, Shultz, Toplikar and Vining
A PROPOSITION to amend the constitution of the state of Kansas by adding a new
article thereto, prescribing certain limitations upon expenditures by the state.
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: The
constitution of the state of Kansas is amended by adding a new article thereto to read as
follows:
``Article 16.--LIMITATIONS ON STATE EXPENDITURES
§ 1. (a) For the state fiscal year commencing during calendar year 2002 and
each state fiscal year thereafter, the percentage of increase in the amount of total
expenditures for such fiscal year over the amount of total expenditures for the im-
mediately preceding fiscal year shall not exceed the lesser of either 5% or the average
annual percentage growth in aggregate personal income of Kansas residents over the
three most recently completed calendar years for which personal income data has
been officially reported as of the September 1st which precedes the fiscal year for
which the limitation is being imposed.
(b) As used in this section:
(1) ``Total expenditures'' means the total amount of moneys that are expended
or encumbered for a state fiscal year by the state, except any such expenditure or
encumbrance of the following, which shall be strictly construed and applied to allow
the least amount of exceptions:
(A) Moneys received from the federal government;
(B) moneys which are proceeds of any bonds, notes or other evidences of state
government borrowing which are issued or incurred as otherwise provided in this
constitution;
(C) moneys which are required for the payment of obligations evidenced by
bonds, notes or other evidences of state government borrowing that were undertaken
prior to the effective date of this article;
(D) moneys in unemployment or disability insurance funds;
(E) moneys from permanent endowment funds, trust funds, deferred compen-
sation funds or pension funds; and
(F) moneys of grants, gifts or donations which are expended or encumbered for
purposes specified by the donor; and
(2) ``personal income'' means the total income received by residents of Kansas
from all sources, including transfer payments, as defined and officially reported by
the bureau of economic analysis of the United States department of commerce, or
its successor agency.
(d) The provisions of this section and the limitations imposed thereby shall be
effective as to the state, notwithstanding any other provisions of this constitution.
§ 2. The limitation imposed on the state by subsection (a) of section 1 of this
article may be exceeded for a state fiscal year upon the issuance of a declaration of
need by the governor and upon the vote by three-fifths of the members then elected
(or appointed) and qualified of each house of the legislature approving the decla-
ration of need. In each case of any such declaration of need, the legislature, by law,
shall set forth the aggregate amount of the cost of the need or needs for which the
declaration was issued and the method by which such cost shall be defrayed.
§ 3. In addition to other actions or methods of enforcement, individual or class
actions may be filed in the courts of this state for enforcement of the provisions of
sections 1 and 2 of this article and such actions shall have precedence over all other
civil actions before the court except those of like character. Successful plaintiffs shall
be allowed costs and reasonable attorney fees, but the state shall not be allowed costs
and attorney fees unless any such action filed against it is found by the court to be
frivolous.
§ 4. Commencing during the regular session of the legislature held in calendar
year 2001, the legislature shall enact legislation consistent with, and as may be nec-
essary to implement and enforce, the provisions of this article.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would limit increases in total expendi-
tures, as defined in the amendment, for a fiscal year to the lesser of 5% or the average
annual percentage growth in the total personal income of Kansas residents over three
recently completed calendar years, except that such limitations may be exceeded
upon a declaration of need for a state fiscal year issued by the governor with three-
fifths of the legislature concurring therein and permitting individual or class action
enforcement actions.
``A vote for the proposition would impose a limit on increases in total expenditures
by the state, as defined therein.
``A vote against the proposition would continue the present constitutional and
statutory authority for the legislature to enact laws making appropriations of moneys
in the state treasury, governing the disposition of tax revenues and other matters in
the exercise of the legislative power of this state.''
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 in the year 2000 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.
REPORT ON ENGROSSED BILLS HB 2597, 2670, 2677, 2691 reported correctly engrossed February 8, 2000.