Topeka, KS, Thursday, February 17, 2000, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Reps. Howell and Johnston were excused on excused absence by the Speaker.
Prayer by guest chaplain, the Rev. Joe Cobb, Director of Development, United Methodist
Urban Ministry and the United Methodist Health Clinics of Wichita, and guest of Rep.
Welshimer:
Lord,
prepare me to be a sanctuary;
pure and holy, tried and true.
With thanksgiving,
I'll be a living sanctuary for you.
-Randy Scruggs, John Thompson
Lord,
prepare us to be living sanctuaries,
creating a sacred space
through our work, our conversations,
our encounters and our experiences
for strangers to enter our lives
and become friends.
Prepare this place to be a living sanctuary
creating a sacred space
for the knowledge, insight and gifts of these legislators
to be received in hospitality.
Prepare this time to be a living sanctuary,
creating a sacred space
for dialogue and debate,
for listening and speaking
for shaping opportunities and legislation where
your hope and human need can embrace.
Lord, prepare us to be living sanctuaries.
Amen.
The Pledge of Allegiance was led by Rep. Dahl.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2993, An act making and concerning appropriations for the fiscal year ending June
30, 2001, for state agencies; authorizing certain transfers, capital improvement projects and
fees, imposing certain restrictions and limitations, and directing or authorizing certain
receipts, disbursements and acts incidental to the foregoing, by Committee on
Appropriations.
HB 2994, An act making and concerning appropriations for the fiscal year ending June
30, 2001, for state agencies; authorizing certain transfers, capital improvement projects and
fees, imposing certain restrictions and limitations, and directing or authorizing certain
receipts, disbursements and acts incidental to the foregoing; amending K.S.A. 79-2959 and
82a-953a, K.S.A. 1999 Supp. 79-2964 and 79-3425i and K.S.A. 1999 Supp. 79-34,147, as
amended by section 73 of 2000 Senate Bill No. 39, and repealing the existing sections, by
Committee on Appropriations
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Governmental Organization and Elections: HB 2991.
Health and Human Services: HB 2990, 2992.
COMMUNICATIONS FROM STATE OFFICERS
From Patricia Michaelis, State Archivist, Secretary, State Records Board, Annual Report
for fiscal year 1999.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
No objection was made to HB 2844, 2854, 2862, 2928 appearing on the Consent
Calendar for the second day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2258, An act regulating traffic; concerning auxiliary driving lamps and fog lamps;
amending K.S.A. 8-1725 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 109; Nays 14; Present but not voting: 0; Absent or not
voting: 2.
HB 2641, An act regulating traffic; concerning the passing of stopped authorized
emergency vehicles; amending K.S.A. 8-1530 and K.S.A. 1999 Supp. 8-2118 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.
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,
was considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
HB 2826, An act concerning oil and gas; relating to unitization and unit operations;
amending K.S.A. 55-1304, 55-1308 and 55-1312 and K.S.A. 1999 Supp. 55-1305 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
HCR 5005, A concurrent resolution urging Congress to remove or restrict the use of
trade sanctions as they apply to agricultural products and to pass a moratorium on
agribusiness and agricultural mergers and acquisitions, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 3; Present but not voting: 0; Absent or not
voting: 2.
HCR 5050, A concurrent resolution urging Congress to pass legislation allowing state-
inspected meat and meat products to be shipped interstate and to pass legislation increasing
the number of poultry to be slaughtered at home and offered for sale to the consumer, was
considered on final action.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Beggs in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Beggs, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2754, 2719 be passed.
Committee report to HB 2684 be adopted; also, on motion of Rep. O'Neal be amended
on page 2, in line 9, by striking ``(a)'' and inserting ``(1)''; in line 15, by striking ``(b)'' and
inserting ``(2)''; and HB 2684 be passed as amended.
Committee report to HB 2772 be adopted; and the bill be passed as amended.
On motion to recommend HB 2601 favorably for passage, the motion did not prevail.
Committee report to HB 2596 be adopted; and the bill be passed as amended.
Committee report to HB 2780 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends HB 2762 be passed.
The Committee on Agriculture recommends HB 2674 be amended on page 1, in line
29, after ``a'' by inserting ``first'';
On page 2, in line 27, after ``elected'' by inserting ``through an election process as provided
in subsection (b)''; in line 31, by striking ``definition of a grower'' and inserting ``requirements
of K.S.A. 2-3003, and amendments thereto,''; in line 32, by striking all before ``may''; in line
34, before the semicolon, by inserting ``. Only a grower of each specific commodity shall be
a member of that specific commission''; in line 36, by striking ``(g)'' and inserting ``(h)'';
On page 3, in line 6, after ``(b)'' by inserting the following: ``(1) Prior to the first election
as provided by this act, each commodity commission shall notify all growers of its respective
commodity of the commission election and all appropriate election procedures.
(2) Any grower of corn, grain sorghum, soybeans or wheat who is a resident of this state
shall become an eligible voter upon registering to vote in a commission election. Registration
shall be on a single form allowing registration to any or all commission elections. Forms
shall be provided by the commissions and made available at all county extension offices,
county conservation district offices and through the office of the secretary. Any grower also
shall become registered by signing a petition for a candidate to be placed on the election
ballot, upon the filing of such petition. Candidate petition forms shall be provided by the
office of the secretary. Registration by internet or other means shall also be allowed upon
the approval of the secretary.
(3) Any person meeting the qualifications to serve as a commissioner may appear on
the election ballot for their respective commission district by submitting a petition to be
placed on the ballot on or before October 31 in the year immediately preceding the election.
The petition shall contain the signatures of 20 eligible voters of that commodity commission
election to be a valid petition. However, no more than five petition signatures shall be used
to qualify any candidate from any one county.
(4) Commission election ballots shall be mailed to eligible voters by January 15 and
shall be returned to the election officer, as provided through the common election procedure
required in subsection (e), on or before March 1 in the year of any election. Successful
candidates in any election will have received a simple majority of the votes cast. Election
results will be announced as soon as the election has been determined with successful
candidates taking office with terms effective April 1 in the year of the election.
(c)'';
And by relettering subsections accordingly;
On page 5, before line 4, by inserting the following:
``(k) Meetings and any records of any commission created by this act shall be open to
the public to the same extent as is required by law of public boards and commissions
pursuant to the open records act and the open meetings act.'';
On page 6, in line 23, after ``to'' by inserting ``contract with the secretary for the collection
of assessments pursuant to the provisions of this act and to''; also in line 23, after ``into'' by
inserting ``any other''; in line 27, before the semicolon, by inserting ``. The administrator
and any other personnel appointed as provided in this subsection shall not be employees of
the state of Kansas''; in line 34, by striking ``prosecute in the name of Kansas'' and inserting
``to bring'';
On page 7, in line 3, after the period, by inserting: ``Such annual report shall include
details of commission projects, programs and supported research including expenditures
and the results of an annual audit performed by a person or entity that is a certified public
accountant. Any commission year end reserve balance exceeding 125% of the previous five-
year rolling average for annual expenditures for such commission also shall be reported.'';
in line 28, before ``enter'' by inserting ``contract with the corn, grain sorghum, soybean and
wheat commissions for the collection of assessment as provided by this act and''; also in line
28, after ``any'' by inserting ``other''; in line 35, after ``assessment'' by inserting ``of 20 mills
per bushel''; in line 36, by striking all after the period; by striking all in lines 37 and 38; in
line 39, by striking all before ``There''; in line 40, after ``assessment'' by inserting ``of 10 mills
per bushel''; in line 41, by striking all after the period; by striking all in lines 42 and 43;
On page 9, in line 4, by striking ``commission'' and inserting ``secretary''; in line 5, by
striking ``commission'' and inserting ``secretary''; in line 36, after the period, by inserting:
``The secretary shall deposit all moneys received in payment of such assessment in a bank
account established in the name of the commission in accordance with the provisions of this
act.''; in line 43, by striking ``commission'' and inserting ``secretary'';
On page 11, in line 1, before ``On'' by inserting ``(a)''; also in line 1, after ``funds'' by
inserting ``and all liabilities''; in line 4, by striking ``transfer'' and inserting ``be paid and
liabilities be transferred''; after line 5, by inserting the following:
``(b) Except as otherwise provided by this act, all of the powers, duties and functions of
the department of agriculture with regard to the corn, grain sorghum and soybean
commission and the Kansas wheat commission are hereby transferred to and conferred and
imposed upon the respective corn, grain sorghum, soybean and wheat commissions
established by the act.
(c) Except as otherwise provided by this act, the corn, grain sorghum, soybean and wheat
commissions established by this act shall be the successor in every way to the powers, duties
and functions of the department of agriculture with regard to the corn, grain sorghum and
soybean commissions and the Kansas wheat commission in which the same were vested
prior to the effective date of this act. Every act performed in the exercise of such powers,
duties and functions by or under the authority of the department of agriculture with regard
to the corn, grain sorghum and soybean commissions and the Kansas wheat commission
established by this act shall be deemed to have the same force and effect as if performed
by the respective corn, grain sorghum, soybean and wheat commission, respectively in which
such powers, duties and functions were vested prior to the effective date of this act.
(d) Except as otherwise provided by this act, whenever the department of agriculture
with regard to the corn, grain sorghum and soybean commissions and the Kansas wheat
commission, or words of like effect, is referred to or designated by a statute, contract or
other document, such reference or designation shall be deemed to apply to the respective
corn, grain sorghum, soybean and wheat commission established by this act.
(e) On the effective date of this act, all property of the Kansas wheat commission prior
to the effective date of this act shall become the property of the wheat commission
established by this act.
New Sec. 11. There is hereby created in the state treasury the grain commodities
commission services fund. All moneys received by the department of agriculture for services
performed by the department for the grain commodities commission created pursuant to
the provisions of K.S.A. 2-3001 et seq. and section 10, and amendments thereto, shall be
remitted to the state treasurer. The state treasurer shall deposit the entire amount in the
state treasury and credit it to the grain commodities commission services fund. All costs and
expenses incurred by the department in providing services to the grain commodities
commissions shall be paid from the grain commodities commission services fund. All
expenditures from the grain commodities commission services fund shall be made in
accordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary.
Sec. 12. K.S.A. 1999 Supp. 74-574 is hereby amended to read as follows: 74-574. The
following programs and functions are hereby transferred from the division of marketing,
department of agriculture, and conferred upon the secretary of agriculture: (a) The functions
relating to standards, grades, and classifications for agricultural products and receptacles,
pursuant to K.S.A. 74-531, 74-532, and 74-534, and amendments thereto; (b) the functions
relating to labeling of agricultural products established under K.S.A. 2-2306, and
amendments thereto; and (c) the functions relating to grain commissions established under K.S.A. 2-3001 through 2-3013, and amendments; and (d) functions relating to the grape and
wine industry advisory council established by K.S.A. 1999 Supp. 74-552, and amendments
thereto.
Sec. 13. K.S.A. 75-3170a is hereby amended to read as follows: 75-3170a. (a) The 20%
credit to the state general fund required by K.S.A. 1-204, 2-2609, 2-3008, 2-3013, 9-1703,
16-609, 16a-2-302, 17-1271, 17-2236, 17-5609, 17-5610, 17-5612, 17-5701, 20-1a02, 20-
1a03, 31-133a, 31-134, 44-324, 44-926, 47-820, 49-420, 55-155, 55-176, 55-609, 55-711, 55-
901, 58-2011, 58-3074, 58-4107, 65-6b10, 65-1718, 65-1817a, 65-2011, 65-2855, 65-2911,
65-4610, 65-5413, 65-5513, 66-1,155, 66-1503, 74-715, 74-1108, 74-1405, 74-1503, 74-1609,
74-2704, 74-3903, 74-5805, 74-7009, 74-7506, 75-1119b, 75-1308 and 75-1514 and 2-3506,
84-9-411 and 84-9-413, and amendments thereto, is to reimburse the state general fund for
accounting, auditing, budgeting, legal, payroll, personnel and purchasing services, and any
and all other state governmental services, which are performed on behalf of the state agency
involved by other state agencies which receive appropriations from the state general fund
to provide such services.
(b) Nothing in this act or in the sections amended by this act or referred to in subsection
(a), shall be deemed to authorize remittances to be made less frequently than is authorized
under K.S.A. 75-4215 and amendments thereto.
(c) Notwithstanding any provision of any statute referred to in or amended by this act
or referred to in subsection (a), whenever in any fiscal year such 20% credit to the state
general fund in relation to any particular fee fund is $200,000, in that fiscal year the 20%
credit no longer shall apply to moneys received from sources applicable to such fee fund
and for the remainder of such year the full 100% so received shall be credited to such fee
fund, except as otherwise provided in subsection (d) and except that during the fiscal year
ending June 30, 1993, with respect to the fire marshal fee fund, when the 20% credit to the
state general fund prescribed by K.S.A. 31-133a, 31-134 and 75-1514 and amendments
thereto, in the aggregate, is $400,000, then in that fiscal year such 20% credit no longer
shall apply to moneys received from sources applicable to the fire marshal fee fund and for
the remainder of such fiscal year the full 100% so received shall be credited to the fire
marshal fee fund.
(d) Notwithstanding any provision of K.S.A. 2-2609 and 2-3008 and amendments thereto or any provision of any statute referred to in subsection (a), the 20% credit to the state general fund no longer shall apply to moneys received from sources applicable to the grain research and market development agencies funds, as specified for each such fund by this subsection, and for the remainder of a fiscal year the full 100% of the moneys so received shall be credited to the appropriate fund of such funds, whenever in any fiscal year:
(1) With respect to the Kansas wheat commission fund, such 20% credit to the state general fund in relation to such fund in that fiscal year is equal to that portion of $100,000 that bears the same proportion to $100,000 as the amount credited to the Kansas wheat commission fund during the preceding fiscal year bears to the total of the amounts credited to the Kansas wheat commission fund, the Kansas corn commission fund, the Kansas grain sorghum commission fund and the Kansas soybean commission fund during the preceding fiscal year;
(2) with respect to the Kansas corn commission fund, such 20% credit to the state general fund in relation to such fund in that fiscal year is equal to that portion of $100,000 that bears the same proportion to $100,000 as the amount credited to the Kansas corn commission fund during the preceding fiscal year bears to the total of the amounts credited to the Kansas wheat commission fund, the Kansas corn commission fund, the Kansas grain sorghum commission fund and the Kansas soybean commission fund during the preceding year;
(3) with respect to the Kansas grain sorghum commission fund, such 20% credit to the state general fund in relation to such fund in that fiscal year is equal to that portion of $100,000 that bears the same proportion to $100,000 as the amount credited to the Kansas grain sorghum commission fund during the preceding fiscal year bears to the total of the amounts credited to the Kansas wheat commission fund, the Kansas corn commission fund, the Kansas grain sorghum commission fund and the Kansas soybean commission fund during the preceding fiscal year; and
(4) with respect to the Kansas soybean commission fund, such 20% credit to the state general fund in relation to such fund in that fiscal year is equal to that portion of $100,000 that bears the same proportion to $100,000 as the amount credited to the Kansas soybean commission fund during the preceding fiscal year bears to the total of the amounts credited to the Kansas wheat commission fund, the Kansas corn commission fund, the Kansas grain sorghum commission fund and the Kansas soybean commission fund during the preceding fiscal year.
(e) As used in this section, ``grain research and market development agencies'' means the Kansas wheat commission, the Kansas corn commission, the Kansas grain sorghum commission and the Kansas soybean commission. Such agencies have been created to fund appropriate research projects; to conduct campaigns of development, education and publicity; and to find new markets or maintain existing markets for commodities and products made from those commodities, among their other duties. Such grain research and market development agencies shall be funded by an assessment collected from the grower at the time of the sale of such commodity by the first purchaser. The assessment shall be sent to the proper grain research and market development agency.'';
And by renumbering sections accordingly;
Also on page 11, in line 7, by striking ``and'' where it appears for the first time and inserting
a comma; also in line 7, after ``2-3003'' by inserting ``and 75-3170a''; in line 8, by striking
``and'' and inserting a comma; in line 9, after ``3013'' by inserting ``and 74-574'';
On page 1, in the title, in line 9, after ``2-3003'' by inserting ``and 75-3170a''; in line 10,
by striking ``and'' where it appears for the first time and inserting a comma; also in line 10,
after ``2-3013'' by inserting ``and 74-574''; and the bill be passed as amended.
The Committee on Agriculture recommends HB 2702 be amended by substituting a
new bill to be designated as ``Substitute for HOUSE BILL NO. 2702,'' as follows:
``Substitute for HOUSE BILL No. 2702
By Committee on Agriculture
``AN ACT concerning property taxation; exempting nursery and greenhouse machinery and
equipment; amending K.S.A. 1999 Supp. 79-201j and repealing the existing section.'';
and the substitute bill be passed.
(Sub. HB 2702 was thereupon introduced and read by title.)
The Committee on Agriculture recommends HB 2817 be amended on page 3, in
line 10, after ``premises'' by inserting ``located in the state of Kansas''; in line 14, by striking
``policy'' and inserting ``program''; in line 15, by striking ``(b)'' and inserting ``(a)(2)''; and the
bill be passed as amended.
The Committee on Business, Commerce and Labor recommends HB 2767, 2769 be
passed and, because the committee is of the opinion that the bills are of a noncontroversial
nature, be placed on the consent calendar.
The Committee on Financial Institutions recommends HB 2675 be amended on page
1, in line 20, by striking all following ``(3)''; by striking all of lines 21 through 25 and inserting
the following:
``A seller may charge a prepaid finance charge:
(a) For a consumer credit sale secured by a security interest in a manufactured home
as defined by 42 U.S.C. 5402(6), in an amount not to exceed 5% of the amount financed
for the sole purpose of reducing the interest rate of the consumer credit sale; or
(b) for any other consumer credit sale, an amount not to exceed the lesser of 2% of the
amount financed or $100.
(c) A prepaid finance charge permitted under this subsection is in addition to finance
charges permitted under subsection 2. A prepaid finance charge permitted under this
subsection is fully earned when paid and is nonrefundable, unless the parties agree otherwise
in writing.'';
On page 3, in line 17, by striking ``or a''; in line 18, by striking all preceding the period;
in line 38, following ``mortgage'' by inserting ``or a consumer loan secured by an interest in
a manufactured home as defined by 42 U.S.C. 5402(6)'';
On page 4, in line 2, following ``mortgage'' by inserting ``or a consumer loan secured by
an interest in a manufactured home as defined by 42 U.S.C. 5402(6)''; in line 14, by striking
``security'' and inserting ``consumer loan secured by an''; and the bill be passed as amended.
The Committee on Financial Institutions recommends HB 2753 be amended on page
1, in line 22, by striking ``owning at least 5% of the capital stock of such bank as''; in line
23, following ``oath'' by inserting ``, except that the names and addresses of all stockholders
owning less than 5% of the capital stock of such bank shall be confidential and shall not be
subject to disclosure under the provisions of the open records act''; and the bill be passed
as amended.
The Committee on Transportation recommends HB 2809 be passed and, because the
committee is of the opinion that the bill is of a noncontroversial nature, be placed on the
consent calendar.
The Committee on Transportation recommends HB 2883 be amended on page 1,
following line 24, by inserting the following:
``(b) The failure to replace or reattach the nozzle and hose of the pump used for the
dispensing of motor fuels or intentionally placing such nozzle and hose on the ground or
pavement shall be prima facie evidence of the intent to defraud under the provisions of
subsection (a).'';
Also on page 1, in line 25, by striking ``(b)'' and inserting ``(c)''; in line 30, by striking ``(c)''
and inserting ``(d)''; 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 bill was thereupon introduced and read by title:
HB 2995, An act concerning insurance; relating to health maintenance organizations;
amending K.S.A. 1999 Supp. 40-3202 and repealing the existing section, by Committee on
Appropriations.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6009--
By Representative Carmody
A RESOLUTION amending the permanent rules of the House of Representatives for
the 1999-2000 biennium relating to amendments to appropriation bills.
Be it resolved by the House of Representatives of the State of Kansas: That the
permanent rules of the House of Representatives for the 1999-2000 biennium be amended
by the addition of a new rule to read as follows:
``Rule 2108. Amendments to Appropriation Bills. Upon motion approved by an
affirmative vote of 63 members of the House of Representatives, the consideration of any
bill specified in such motion which contains one or more items of appropriation of money
shall be subject to the following: An amendment that adds or increases an item of
appropriation of money shall not be in order unless the amendment contains an equal or
greater reduction in one or more other items of appropriation of money in such bill. Such
motion shall be in order only after it has been announced that the next order of business is
such bill, a member has been recognized to carry the bill and no amendment that adds or
increases an item of appropriation of money has yet been offered to the bill. The provisions
of this motion shall not apply to an amendment that makes an adjustment in an item of
appropriation of money solely to correct a technical clerical error.''
REPORT ON ENGROSSED BILLS HB 2258, 2641, 2782, 2826 reported correctly engrossed February 16, 2000.
REPORT ON ENGROSSED RESOLUTIONS HCR 5005, 5050 reported correctly engrossed February 16, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Friday, February
18, 2000.