The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Farmer was excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Holy God,
many of us go to church today
to be reminded that we are but dust,
and to dust we shall return.
Be with us here in this place
and help us all to remember
that the bills we pass
are bigger than ourselves.
Help us with faithfulness
carefully consider that matters before us,
knowing that many of the laws which we form
will last long after our bodies are gone.
May our legacy be one of care
of decency
and of love.
I ask these things in Jesus' name.
Amen.
The Pledge of Allegiance was led by Rep. Huff.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HCR 5070.
Economic Development: HB 3019, 3020.
Judiciary: HB 3021.
COMMUNICATIONS FROM STATE OFFICERS
From Dale K. Davis, Chairman, Kansas Performance Review Board, Report on the De-
partment of Agriculture and Department of Health and Environment Laboratories, March
7, 2000.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS
In accordance with subsection (b) of House Rule 1503, Rep. Alldritt moved that the order
on General Orders of HB 2366 be changed to the first measure to be considered on General
Orders.
(The Chief Clerk of the House of Representatives is requested to read this motion and
cause it to be printed in the Calendar of March 9, 2000, under the order of business ``Con-
sideration of Motions and House Resolutions Offered on a Previous Day'' as provided by
House Rule 1503 (b).)
CONSENT CALENDAR
No objection was made to HB 2997; SB 457, 463, 465 appearing on the Consent
Calendar for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 190, An act concerning the Kansas healing arts act; relating to the expiration date of
licenses, temporary and postgraduate permits and fees; concerning institutional licenses;
amending K.S.A. 1998 Supp. 65-2809, 65-2811, 65-2836, 65-2852 and 65-2895 and repealing
the existing sections, 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.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Minor in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Minor, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2481 be adopted; also, on motion of Rep.
Horst be amended on page 1, in line 39, after ``development'' by inserting ``, implementation'';
On page 2, preceding line 38, by inserting a new subsection as follows:
``(g) At the beginning of each regular session of the legislature, the director of personnel
services shall submit a written report to each member of the legislature and to the governor
describing each pilot project initiated or conducted under authority of this section during
the preceding twelve-month period. The report shall include descriptions of the primary
elements of each pilot project and the progress and results of such pilot project as of the
date of the report.'';
Also, roll call was required on motion of Rep. Swenson to strike the enacting clause on HB 2481.
On roll call, the vote was: Yeas 61; Nays 62; Present but not voting: 0; Absent or not
voting: 2.
Also, on motion of Rep. Nichols to amend HB 2481, Rep. Gregory requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane. Rep. Nichols challenged the ruling, the question being ``Shall the Rules Chair be
sustained?'' Roll call was demanded.
On roll call, the vote was: Yeas 71; Nays 50; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Farmer, Phill Kline, Neufeld, Sloan.
The Rules Chair was sustained.
Also, on motion to recommend HB 2481 for passage, the motion did not prevail.
REPORTS OF STANDING COMMITTEES
The Committee on Economic Development recommends SB 451 be passed.
The Committee on Economic Development recommends SB 521 be passed, because
the committee is of the opinion that the bill is of a noncontroversial nature, be placed on
the consent calendar.
The Committee on Education recommends HB 2591 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL No. 2591,'' as follows:
``Substitute for HOUSE BILL No. 2591
By Committee on Education
AN ACT establishing the state education technology network.'';
and the substitute bill be passed.
(Sub HB 2591 was thereupon introduced and read by title.)
(Having been referred separately, Sub. HB 2591 is now in Committee on Utilities.)
The Committee on Environment recommends SCR 1630 be adopted.
The Committee on Environment recommends SB 500 be amended on page 1, preced-
ing line 32, by adding a new section to read as follows:
``Sec. 2. K.S.A. 1999 Supp. 74-2622 is hereby amended to read as follows: 74-2622. (a)
There is hereby established within and as a part of the Kansas water office the Kansas water
authority. The authority shall be composed of 23 members of whom 13 shall be appointed
as follows: (1) One member shall be appointed by the governor, subject to confirmation by
the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided
by K.S.A. 1999 Supp. 46-2601, such person shall not exercise any power, duty or function
as a member or chairperson of the water authority until confirmed by the senate. Such
member shall serve at the pleasure of the governor and shall be the chairperson of the
authority; (2) except as provided by subsection (b), 10 members shall be appointed by the
governor for terms of four years. Of the members appointed under this provision one shall
be a representative of large municipal water users, one shall be representative of small
municipal water users, one shall be a board member of a western Kansas groundwater
management district, one shall be a board member of a central Kansas groundwater man-
agement district, one shall be a member of the Kansas association of conservation districts,
one shall be representative of industrial water users, one shall be a member of the state
association of watershed districts, one shall have a demonstrated background and interest
in water use conservation and environmental issues, and two shall be representative of the
general public. The member who is representative of large municipal water users shall be
appointed from three nominations submitted by the league of Kansas municipalities. The
member who is representative of small municipal water users shall be appointed from three
nominations submitted by the Kansas rural water district's association. The member who is
representative of a western Kansas groundwater management district shall be appointed
from three nominations submitted by the presidents of the groundwater management dis-
trict boards No. 1, 3 and 4. The member who is representative of a central Kansas ground-
water management district shall be appointed from three nominations submitted by the
presidents of the groundwater management district boards No. 2 and 5. The member who
is representative of industrial water users shall be appointed from three nominations sub-
mitted by the Kansas association of commerce and industry. The member who is represen-
tative of the state association of watershed districts shall be appointed from three nomina-
tions submitted by the state association of watershed districts. The member who is
representative of the Kansas association of conservation districts shall be appointed from
three nominations submitted by the state association of conservation districts. If the gov-
ernor cannot make an appointment from the original nominations, the nominating authority
shall be so advised and, within 30 days thereafter, shall submit three new nominations.
Members appointed by the governor shall be selected with special reference to training and
experience with respect to the functions of the Kansas water authority, and no more than
six of such members shall belong to the same political party; (3) one member shall be
appointed by the president of the senate for a term of two years; and (4) one member shall
be appointed by the speaker of the house of representatives for a term of two years. The
state geologist, the chief engineer of the division of water resources of the state board of
agriculture, the director of the division of environment of the department of health and
environment, the chairperson of the state corporation commission, the secretary of com-
merce and housing, the director of the Kansas water office, the secretary of wildlife and
parks, the administrative officer of the state conservation commission, the secretary of the
state board of agriculture and the director of the agricultural experiment stations of Kansas
state university of agriculture and applied science shall be nonvoting members ex officio of
the authority. The director of the Kansas water office shall serve as the secretary of the
authority.
(b) The terms of members appointed pursuant to clause (2) of subsection (a) and who are serving on the water authority on the effective date of this act shall expire on January 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.A member appointed pursuant to subsection (a)(2) shall be appointed for a term expiring on January 15 of the fourth calendar year following appointment and until a successor is appointed and qualified.
(c) In the case of a vacancy in the appointed membership of the Kansas water authority,
the vacancy shall be filled for the unexpired term by appointment in the same manner that
the original appointment was made. Appointed members of the authority attending regular
or special meetings thereof shall be paid compensation, subsistence allowances, mileage and
other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(d) The Kansas water authority shall:
(1) Consult with and be advisory to the governor, the legislature and the director of the
Kansas water office.
(2) Review plans for the development, management and use of the water resources of
the state by any state or local agency.
(3) Make a study of the laws of this state, other states and the federal government
relating to conservation and development of water resources, appropriation of water for
beneficial use, flood control, construction of levees, drainage, irrigation, soil conservation,
watershed development, stream control, gauging of stream and stream pollution for the
purpose of determining the necessity or advisability of the enactment of new or amendatory
legislation in this state on such subjects.
(4) Make recommendations to other state agencies and political subdivisions of the state
for the coordination of their activities relating to flood control, construction of levees, drain-
age, irrigation, soil conservation, watershed development, stream control, gauging of stream,
stream pollution and groundwater studies.
(5) Make recommendations to each regular session of the legislature and to the governor
at such times as the authority considers advisable concerning necessary or advisable legis-
lation relating to any of the matters or subjects which it is required by this act to study for
the purpose of making recommendations to the legislature. All such recommendations to
the legislature shall be in drafted bill form together with such explanatory information and
data as the authority considers advisable.
(6) Approve, prior to submission to the legislature by the Kansas water office or its
director, (A) any contract entered into pursuant to the state water plan storage act, (B) any
amendments to the state water plan or the state water planning act and (C) any other
legislation concerning water resources of the state.
(7) Approve, before they become effective, any policy changes proposed by the Kansas
water office concerning the pricing of water for sale pursuant to the state water plan storage
act.
(8) Approve, before it becomes effective, any agreement entered into with the federal
government by the Kansas water office.
(9) Request any agency of the state, which shall have the duty upon that request, to
submit its budget estimate pertaining to the state's water resources and any plans or pro-
grams related thereto and, upon the authority's receipt of such budget estimate, review and
evaluate it and furnish recommendations relating thereto to the governor and the legislature.
(10) Approve, prior to adoption by the director of the Kansas water office, rules and
regulations authorized by law to be adopted.
(11) Approve, prior to adoption by the director of the Kansas water office, guidelines
for conservation plans and practices developed pursuant to subsection (c) of K.S.A. 74-2608,
and amendments thereto.
(e) The Kansas water authority may appoint citizens' advisory committees to study and
advise on any subjects upon which the authority is required or authorized by this act to
study or make recommendations.
(f) The provisions of the Kansas governmental operations accountability law apply to
the Kansas water authority, and the authority is subject to audit, review and evaluation under
such law.'';
Also on page 1, by renumbering the remaining sections accordingly; in line 32, by striking
``is'' and inserting ``and 74-2622 are'';
In the title, in line 9, by striking ``employees of''; also in line 9, before ``amending'', by
inserting ``relating to employees of the Kansas water office and members of the Kansas
water authority;''; in line 10, before ``and'', by inserting ``and 74-2622''; also in line 10, by
striking ``section'' and inserting ``sections''; and the bill be passed as amended.
The Committee on Federal and State Affais recommends HB 2917 be amended on
page 2, by striking all in lines 5 through 9; following line 9, by inserting:
``(f) For the purposes of imposing a fine under this section, if three or more years have
elapsed since a person has been found to have violated the provisions of subsection (b), such
person shall be treated as never having violated subsection (b).''; and the bill be passed as
amended.
The Committee on Judiciary recommends SB 470, 472 as amended by Senate Com-
mittee, be passed.
The Committee on Judiciary recommends SB 473 be passed and, because the commit-
tee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
The Committee on Judiciary recommends SB 347, as amended by Senate Committee
of the Whole, be amended on page 1, in line 15, by striking ``1998'' and inserting ``1999'';
in line 20, by striking ``1998'' and inserting ``1999''; by striking all in lines 35 and 36; in line
37, by striking ``membership of the board''; in line 40, by striking ``(6)'' and inserting ``(5)'';
On page 2, in line 40, by striking ``1998'' and inserting ``1999'';
On page 3, in line 2, by striking ``1999'' and inserting ``2000''; by striking all in lines 20
through 43;
On page 4, by striking all in lines 1 through 19;
And by renumbering sections accordingly;
Also on page 4, in line 20, by striking ``1998'' and inserting ``1999''; also in line 20, by
striking the comma and inserting ``and''; also in line 20, by striking ``and 22-3713'';
In the title, in line 11, by striking ``1998'' and inserting ``1999''; also in line 11, by striking
the comma and inserting ``and''; also in line 11, by striking ``and''; in line 12, by striking ``22-
3713''; and the bill be passed as amended.
The Committee on Taxation recommends HCR 5064 be adopted.
The Committee on Taxation recommends HB 2588 be amended on page 2, after line
16, by inserting the following:
``(f) No refund of income tax which results from a net farm loss carry back shall be
allowed in an amount exceeding $1,500 in any year. Any excess amount may be carried back
or forward to any other year or years as provided by this section.''; and the bill be passed
as amended.
The Committee on Taxation recommends HB 2715 be amended on page 2, in line 10,
after the period by inserting ``For all taxable years commencing after December 31, 1999,
all land devoted to agricultural use which is subject to the federal wetlands reserve program
shall be classified as cultivated dry land for the purpose of valuation for property tax purposes
pursuant to this section.''; in line 41, by striking ``2.75%'' and inserting ``3.75%'';
On page 3, in line 9, before the period by inserting ``subject to review of the assistant
director of property valuation for use value appraisal of land devoted to agricultural use'';
after line 41, by inserting a new section to read as follows:
``Sec. 2. K.S.A. 75-5105 is hereby amended to read as follows: 75-5105. (a) There is
hereby established, within and as a part of the department of revenue, a division of property
valuation, the head of which shall be the director of property valuation. Under the super-
vision of the secretary of revenue, the director of property valuation shall administer the
division of property valuation. The secretary of revenue shall appoint the director of property
valuation, subject to confirmation by the senate as provided in K.S.A. 75-4315b and amend-
ments thereto. The director shall serve at the pleasure of the secretary of revenue. The
director of property valuation shall be in the unclassified service and shall receive an annual
salary fixed by the secretary of revenue and approved by the governor.
(b) There is hereby established, within and as a part of the division of property valuation of the department of revenue, an assistant director of property valuation for use value ap- praisal of land devoted to agricultural use. Under the supervision of the director of property valuation, the assistant director of property valuation for use value appraisal of land devoted to agricultural use shall administer, manage, oversee and direct the implementation of the appraisal of such land. The secretary of revenue shall immediately reclassify an existing position to created this position. The secretary of revenue shall appoint the assistant director of property valuation for use value appraisal of land devoted to agricultural use, subject to confirmation by the senate as provided in K.S.A. 75-4315b and amendments thereto. The assistant director of property valuation for use value appraisal of land devoted to agricultural use shall serve at the pleasure of the secretary. The assistant director of property valuation for use value appraisal of land devoted to agricultural use shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor. The assistant director of property valuation for use value appraisal of land devoted to agricultural use shall be a member in good standing of the Appraisal Institute, meet the requirements of, and maintain the designation of MAI, and have extensive experience in use value appraisal of land devoted to agricultural use.'';
Also, on page 3, in line 42, after ``K.S.A.'' by inserting ``75-5105 and K.S.A.''; also, in line
42, by striking ``is'' and inserting ``are'';
By renumbering existing sections accordingly;
In the title, in line 10, after ``K.S.A.'' by inserting ``75-5105 and K.S.A.''; in line 11, by
striking ``section'' and inserting ``sections''; and the bill be passed as amended.
The Committee on Transportation recommends SB 489, as amended by Senate Com-
mittee, be passed.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolutions were thereupon introduced and read by
title:
HB 3022, An act concerning insurance; establishing standards for prompt, fair and eq-
uitable settlements of claims for health care and payments for health care services, by
Committee on Federal and State Affairs.
HB 3023, An act concerning civil procedure; relating to liens; amending K.S.A. 60-1103
and repealing the existing section, by Committee on Federal and State Affairs.
HB 3024, An act concerning health insurance; providing coverage for osteoporosis;
amending K.S.A. 1999 Supp. 40-2,103 and 40-19c09 and repealing the existing sections, by
Committee on Appropriations.
HB 3025, An act enacting the interstate compact for adult offenders supervision; re-
pealing K.S.A. 22-4101, 22-4102 and 22-4103, by Committee on Appropriations.
HB 3026, An act concerning agriculture; relating to inspection fees; funding for plant
pest activities; amending K.S.A. 2-2911 and K.S.A. 1999 Supp. 2-1012 and 2-1205 and
repealing the existing sections, by Committee on Appropriations.
HOUSE CONCURRENT RESOLUTION No. 5071--
By Representatives Nichols, Powell, Cox, Dahl, Farmer, Hutchins, Landwehr, Lightner,
P. Long, McKechnie, Palmer and Shultz
A CONCURRENT RESOLUTION memorializing the Congress
of the United Statesto repeal the telephone excise tax.
WHEREAS, When the Spanish American War began in 1898, the United States gov-
ernment originated the telephone excise tax to raise emergency funds. At the time, there
was no income tax, so tariffs and excise taxes were the predominant method for raising
federal revenue. Commercial phones had been in existence for a mere 20 years, and most
owners were wealthy. It was under these conditions that Congress passed the Spanish War
Act to enact a federal telephone excise tax on long-distance service; and
WHEREAS, The telephone excise tax began as a temporary luxury tax. The tax had an
implied lifespan, as it was to be used only for Spanish American War needs. A luxury tax,
by definition, is one levied on an expensive, nonessential good or service. In 1898, the
telephone was a luxury item. Prices were high and usage was limited. Today, telephones are
commonplace, a necessity of everyday life. Our society now has provisions for basic universal
service to assure that no American family is without the ability to call for assistance in times
of emergencies; and
WHEREAS, The federal telephone excise tax is currently a tax of 3% on telephone use;
and
WHEREAS, The United States won the Spanish-American war over 100 years ago, and
therefore Congress should repeal this regressive tax: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That we memorialize the Congress of the United States to repeal the telephone
excise tax; and
Be it further resolved: That the Secretary of State be directed to provide an enrolled
copy of this resolution to the President of the United States, the President of the United
States Senate, the Speaker of the United States House of Representatives and to each
member of the Kansas congressional delegation.
A PROPOSITION to amend article 15 of the constitution of the state of Kansas
by adding a new section thereto, relating to public retirement systems.
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: Article
15 of the constitution of the state of Kansas is hereby amended by adding a new section 16
thereto to read as follows:
``§ 16. Public retirement systems. (a) Public retirement systems shall be funded
on an actuarially sound basis. Public retirement system assets, including income and
actuarially required contributions, shall not be encumbered, diverted, reduced or
terminated and shall be held in trust to provide benefits to participants and partic-
ipants' beneficiaries and to defray administrative expenses.
(b) The governing boards of public retirement systems shall administer the
systems, including actuarial determinations, as fiduciaries of systems participants and
participants' beneficiaries.
(c) Membership in any public retirement system shall be an enforceable con-
tractual relationship and the accrued benefits of membership shall not be diminished
or impaired.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would require public retirement sys-
tems to be funded on an actuarially sound basis. The assets shall be held in trust to
provide benefits to participants and beneficiaries and defray administrative costs and
shall not be used for any other purpose. The governing boards of public retirement
systems are fiduciaries for the participants and beneficiaries. Membership in a public
retirement system would be an enforceable contractual relationship and accrued
benefits could not be diminished or impaired.
``A vote for this proposition would provide constitutional protection for partici-
pants and beneficiaries of public retirement systems by requiring actuarially sound
funding, trust nature of funds to provide benefits and defray administrative costs,
fiduciary responsibility of boards of public retirement systems and public retirement
system membership as an enforceable contractual relationship with unimpairable
accrued benefits.
``A vote against this proposition would retain the current status of law and not
provide these additional constitutional protections to participants and beneficiaries
of public retirement systems.''
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 3002, 3003 from Committee
on Agriculture and referral to Committee on Appropriations.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, March
9, 2000.