The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 122 were members present.
Reps. Holmes and O'Connor were excused on verified illness.
Rep. Howell was excused on excused absence by the Speaker.
Prayer by Chaplain Svoboda:
Loving God,
your laws can be simplified to two:
love God,
and love your neighbor.
As we are creating laws here
help us to be mindful of Your two laws,
and give us the courage
to use them as a measuring stick
in our work this session.
We ask these things in Your name.
Amen.
The Pledge of Allegiance was led by Rep. Gilbert.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
HB 3030, An act concerning the consumer protection act; relating to deceptive use of
names of municipalities in printed advertisements; amending K.S.A. 50-626 and repealing
the existing section, by Committee on Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: SB 640.
Education: SB 432.
Environment: SB 634.
Federal and State Affairs: SB 492.
Judiciary: SB 382, 546, 620.
Utilities: HR 6014.
Kansas 2000 Select: HB 3029.
COMMUNICATIONS FROM STATE OFFICERS
From Barbara S. Tombs, Executive Director, Kansas Criminal Justice Coordinating
Council, Kansas Criminal Justice System, Resource Directory, 1999-2000.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
Objection was made to HB 3005 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to SB 440, 444 appearing on the Consent Calendar for the first
day.
No objection was made to HB 2724; SB 459, 460, 498 appearing on the Consent
Calendar for the second day.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB 2641 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Larkin as
conferees on the part of the House.
On motion of Rep. Tanner, the House nonconcurred in Senate amendments to HB 2862
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Tanner, Empson and Helgerson as
conferees on the part of the House.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Burroughs in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Burroughs, Committee of the Whole report, as follows, was adopted:
Recommended that SB 489 be passed.
SCR 1630 be adopted.
On motion of Rep. Reardon HB 2017 be amended on page 3, in line 3, after the period,
by inserting ``The joint committee on state building construction shall not increase the
amount of the cost increase threshold for change orders and changes in plans under this
subsection by an amount which constitutes a percentage increase in the preceding cost
increase threshold for change orders and changes in plans that is greater than the net
percentage increase in the building cost index as compiled and published in the Engineering News Record for the period that the preceding cost increase threshold for change orders
and changes in plans is in effect.'';
Also, on motion of Rep. Klein to amend HB 2017, Rep. Loyd requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back and roll call was demanded on motion of Rep. Klein to
amend on page 3, after line 8, by inserting the following material to read as follows:
``New Sec. 2. (a) On and after July 1, 2000, each contract entered into by any state agency
for any nonfederal aid, public works project shall be based on bid or contract specifications
prescribing and requiring that employees of any contractor or subcontractor shall be paid
not less than the hourly wages, including fringe benefits, paid to corresponding classes of
laborers and mechanics employed on similar projects in the county where the project is to
be performed. Such minimum wage shall be the wage paid to the majority of the laborers
or mechanics, unless the same wages are not paid to a majority, in which case the minimum
wage shall be the average wages paid, weighted by the total employed in the classification.
In the alternative, the minimum wage shall be that determined under federal law which
would be required to be paid on federally funded projects at the location of the public works
project.
(b) On and after July 1, 2000, employees employed by contractors or subcontractors
in the execution of any nonfederal aid, public works project contract with any state agency
shall be paid not less than the wages as determined pursuant to subsection (a).
(c) On and after July 1, 2000, first preference for contracts for public works projects
owned by or built for any state agency shall be contractors employing exclusively Kansas
resident employees.'';
And by renumbering remaining sections accordingly;
On page 1, in the title, in line 10, by striking ``building construction'' and inserting ``capital
improvement projects''; in line 11, following the semicolon, by inserting ``prescribing
payment of minimum wages and preferences for certain employees;'';
On roll call, the vote was: Yeas 57; Nays 65; Present but not voting: 0; Absent or not
voting: 3.
The motion of Rep. Klein did not prevail; and HB 2017 be passed as amended.
On motion of Rep. Swenson to amend SB 451, the motion did not prevail and the bill
be passed.
Committee report to SB 500 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Kansas 2000 Select Committee recommends SB 393, as amended by Senate
Committee, be amended on page 1 preceding line 18 by inserting new material to read as
follows:
``Section 1. K.S.A. 46-1109 is hereby amended to read as follows: 46-1109. (a) In
addition to other additional audits which the legislative post audit committee may direct,
such committee may direct the audit of any state agency or agencies when so requested in
writing by the governor or any member or committee of the legislature. Any such written
request shall specify the desired object of the audit requested and the reasons therefor. In
directing the post auditor to make any such requested additional audit of a state agency or
agencies, the legislative post audit committee may modify the object and direct the details
of the audit to be performed.
(b) In accordance with this subsection, the legislative post audit committee may reimburse travel mileage expense incurred by a member of the legislature to attend a meeting of the legislative post audit committee for the presentation of the report of a performance audit or other audit work that was requested by such member of the legislature and performed at the direction of the legislative post audit committee. The reimbursement for such travel mileage expense shall be for each mile actually traveled by the usual route in going to and returning from the meeting of the legislative post audit committee at the rate fixed under K.S.A. 75-3203a, and amendments thereto, and shall be subject to any restrictions or limitations prescribed by rules adopted by the legislative post audit committee. In the case of a performance audit or other audit work that was requested by any standing, special, select or joint committee of the legislature, the legislative post audit committee may reimburse travel mileage expense incurred by not more than two members of such committee and not more than one member of any political party. No travel mileage expense shall be reimbursed under this subsection for attendance at a legislative post audit committee meeting held during the time that the legislature is in session, unless the legislature has adjourned for a period of more than two days.'';
By renumbering the existing sections accordingly;
Also on page 1, in line 18, by striking ``Section'' and inserting ``Sec.'';
On page 2, in line 25, by striking ``to review and evaluation'' and inserting ``shall be
renewed and evaluated''; in line 34, by striking ``to review and''; in line 35, by striking
``evaluation'' and inserting ``shall be reviewed and evaluated'';
On page 3, in line 1, by striking ``to review and evaluation'' and inserting ``shall be
reviewed and evaluated''; in line 10, by striking ``to review and''; in line 11, by striking
``evaluation'' and inserting ``shall be reviewed and evaluated''; in line 20, by striking ``to
review and evaluation'' and inserting ``shall be reviewed and evaluated''; in line 28, by striking
``to review and evaluation'' and inserting ``shall be reviewed and evaluated''; in line 38, by
striking ``to review and evaluation'' and inserting ``shall be reviewed and evaluated'';
On page 4, in line 5, by striking ``to review and evaluation'' and inserting ``shall be
reviewed and evaluated''; in line 15, by striking ``to review and evaluation'' and inserting
``shall be reviewed and evaluated''; in line 25, by striking ``to review and evaluation'' and
inserting ``shall be reviewed and evaluated''; in line 34, by striking ``to review and evaluation''
and inserting ``shall be reviewed and evaluated'';
On page 5, in line 1, by striking ``to review and''; in line 2, by striking ``evaluation'' and
inserting ``shall be reviewed and evaluated''; in line 11, by striking ``to review and evaluation''
and inserting ``shall be reviewed and evaluated''; in line 21, by striking ``to review and
evaluation'' and inserting ``shall be reviewed and evaluated''; in line 31, by striking ``to review
and evaluation'' and inserting ``shall be reviewed and evaluated''; in line 38, by striking ``to
review and''; in line 39, by striking ``evaluation'' and inserting ``shall be reviewed and
evaluated''
On page 6, in line 5, by striking ``to review and evaluation'' and inserting ``shall be
reviewed and evaluated''; in line 12, by striking ``to review and evaluation'' and inserting
``shall be reviewed and evaluated''; by striking all in lines 20 through 29;
And by renumbering the remaining sections accordingly;
Also on page 6, in line 30, following ``K.S.A.'', by inserting ``46-1109,'';
In the title, on page 1, in line 10, by striking ``concerning'' and inserting ``relating to
governmental audits and reviews; concerning the legislative post audit act and''; in line 11,
following ``K.S.A.'', by inserting ``46-1109,''; 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 and concurrent resolutions were thereupon introduced and read by
title:
HB 3031, An act concerning disposition and use of moneys recovered by the state in
certain litigation; establishing the Ogallala preservation fund and the Equus beds
preservation fund, by Committee on Federal and State Affairs.
HOUSE CONCURRENT RESOLUTION No. 5073--
By Committee on Education
A PROPOSITION to amend sections 2, 3 and 7 of article 6 of the constitution
of the state of Kansas, relating to 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 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:
Sections 2, 3 and 7 of article 6 of the constitution of the state of Kansas are hereby amended
to read as follows:
``§ 2. State board of education and state board of regents. (a) The legislature
shall provide for a state board of education which shall haveand for its general
supervision of public schools, educational institutions and all the educational interests
of the state, except educational functions delegated by law to the state board of regents.
The state board of education shall perform such other duties as may be provided prescribed by law.
(b) The legislature shall provide for a state board of regents and for its control and
supervision of public institutions of higher education. Public institutions of higher
education shall include universities and colleges granting baccalaureate or
postbaccalaureate degrees and such other institutions and educational interests as may
be provided by law. The state board of regents shall perform such other duties as may
be prescribed by law.
(c) Any municipal university shall be operated, supervised and controlled as
provided by law.
``§ 3. Members of state board of education and state board of regents. (a) From and after January 10, 2001, there shall be teneleven members of the state board
of education with. Ten members shall be elected to overlapping terms as the legislature
may prescribe. One member, who shall be a qualified elector of this state, shall be appointed by and serve at the pleasure of the governor. The legislature shall make
provision for ten member districts, each comprised of four contiguous senatorial districts.
The electors of each member district shall elect one person residing in the district as a
member 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, subject to
confirmation by the senate. 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 appointment. 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 hissuch member's term. 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, 19692001.
(b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruction 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. This amendment would eliminate the constitutional authority
of the state board of education to supervise the public schools without being subject
to statutory guidelines prescribed by the legislature. This amendment also would
increase membership on the state board of education from 10 to 11 members.
``A vote for this proposition would subject the authority of the state board of education
to statutory enactments of the legislature and would increase the number of members
on the state board from 10 to 11 with the provision that one member be appointed
by and serve at the pleasure of the governor. The other 10 members would continue
to be elected from 10 member districts.
``A vote against this proposition would retain authority in the state board of education
to supervise public schools absent statutory guidelines and would retain the
composition of the state board with 10 members.''
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. 5074--
By Representative Mays
A PROPOSITION to amend section 5 of article 12 of the constitution of the
state of Kansas, relating to cities' powers of home rule.
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
5 of article 12 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 5. Cities' powers of home rule. (a) The legislature shall provide by general law,
applicable to all cities, for the incorporation of cities and the methods by which city
boundaries may be altered, cities may be merged or consolidated and cities may be
dissolved:Provided, That. Existing laws on such subjects not applicable to all cities on the effective date of this amendment shall remain in effect until superseded by general
law and such existing laws shall not be subject to charter ordinance.
(b) Cities are hereby empowered to determine their local affairs and government
including the levying of taxes, excises, fees, charges and other exactions except when and as
the levying of any tax, excise, fee, charge or other exaction is limited or prohibited by
enactment of the legislature applicable uniformly to all cities of the same class:Provided, That. The legislature may establish not to exceed four classes of cities for the purpose of
imposing all such limitations or prohibitions. Cities shall exercise such determination by
ordinance passed by the governing body with referendums only in such cases as prescribed
by the legislature, subject only to enactments of the legislature of statewide concern
applicable uniformly to all cities, to other enactments of the legislature applicable uniformly
to all cities, to enactments of the legislature applicable uniformly to all cities of the same
class limiting or prohibiting the levying of any tax, excise, fee, charge or other exaction and
to enactments of the legislature prescribing limits of indebtedness. Except as provided by this section, all enactments relating to cities now in effect or hereafter enacted and as later
amended and until repealed shall govern cities except as cities shall exempt themselves by charter ordinances as herein provided for in subsection (c).
(c) (1) Any city may, by charter ordinance, may elect in the manner prescribed in this
section that the whole or any part of any enactment of the legislature applying to such city,
other than enactments of statewide concern applicable uniformly to all cities, other
enactments applicable uniformly to all cities, and enactments prescribing limits of
indebtedness, shall not apply to such city.
(2) A charter ordinance is an ordinance which exempts a city from the whole or any
part of any enactment of the legislature as referred to in this section and which may provide
substitute and additional provisions on the same subject. Such charter ordinance shall be so
titled, shall designate specifically the enactment of the legislature or part thereof made
inapplicable to such city by the adoption of such ordinance and contain the substitute and
additional provisions, if any, and shall require a two-thirds vote of the members-elect of the
governing body of such city. Every charter ordinance shall be published once each week for
two consecutive weeks in the official city newspaper or, if there is none, in a newspaper of
general circulation in the city.
(3) No charter ordinance shall take effect until sixty days after its final publication. If
within sixty days of its final publication a petition signed by a number of electors of the city
equal to not less than ten percent10% of the number of electors who voted at the last
preceding regular city election shall be filed in the office of the clerk of such city demanding
that such ordinance be submitted to a vote of the electors, it shall not take effect until
submitted to a referendum and approved by a majority of the electors voting thereon. An
election, if called, shall be called within thirty30 days and held within ninety90 days after
the filing of the petition. The governing body shall pass an ordinance calling the election
and fixing the date, which ordinance shall be published once each week for three consecutive
weeks in the official city newspaper or, if there be none, in a newspaper of general circulation
in the city, and the. Such election shall be conducted in the same manner as elections for
officers and by the officers handling such elections. The proposition shall be: ``Shall charter
ordinance No. ________, entitled (title of ordinance) take effect?'' The governing body
may submit any charter ordinance to a referendum without petition by the same publication
of the charter ordinance and the same publication of the ordinance calling the election as
for ordinances upon petition and such charter ordinance shall then become effective when
approved by a majority of the electors voting thereon. Each charter ordinance becoming
effective shall be recorded by the clerk in a book maintained for that purpose with a
statement of the manner of adoption and a certified copy shall be filed with the secretary
of state, who shall keep an index of the same.
(4) Each charter ordinance enacted shall control and prevail over any prior or
subsequent act of the governing body of the city and may be repealed or amended only by
charter ordinance or by enactments of the legislature applicable to all cities.
(d) Powers and authority granted cities pursuant to this section shall be liberally
construed for the purpose of giving to cities the largest measure of self-government.
(e) This amendment shall be effective on and after July 1, 1961.
(e) The legislature shall provide by law a procedure for initiative of charter ordinances.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. Under current law a charter ordinance of a city may be
amended or repealed only by a charter ordinance enacted by the governing body of
the city or by enactment of the legislature applicable to all cities. The purpose of
this amendment is to require the legislature to enact a law authorizing initiative of
charter ordinances.
``A vote for this proposition would require the legislature to enact a law authorizing
initiative and referendum of charter ordinances.
``A vote against this proposition would retain the current limitations on initiative and
referendum.''
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, 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 ENROLLED BILLS HB 2598, 2652, 2661, 2662, 2701, 2756 reported correctly enrolled, properly signed
and presented to the governor on March 13, 2000.
REPORT ON ENROLLED RESOLUTIONS HR 6013 reported correctly enrolled and properly signed on March 13, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, March 14,
2000.