The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 122 members present.
Rep. Holmes was excused on verified illness.
Reps. Henderson and Howell were excused on excused absence by the Speaker.
Present later: Rep. Henderson.
Prayer by guest chaplain, the Rev. Thomas D. Sims, pastor, First United Methodist
Church, Oskaloosa, and guest of Rep. Flower:
O Lord, we come to you to give you thanks for this day and its promise.
We give you thanks for these men and women gathered here to carry out the
legislative business of our state. Guide them in their deliberations. Grant that
they might be compassionate and just in what they do. Help them to speak
in truth and to listen with wisdom. Give them a desire to bring about the best
for all people -- for rich and for poor, for the powerful and for those who
are weak, for those who are well known and for those who are faceless. Guide
this body and its leadership in all that they do, we ask. Grant that through
them your vision for our world might come closer to reality. Amen.
The Pledge of Allegiance was led by Rep. Stone.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
HB 3032, An act enacting the interstate midwest regional passenger rail compact, by
Committee on Appropriations.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Education: HCR 5073.
Environment: HB 3031.
Federal and State Affairs: HB 3030.
Governmental Organization and Elections: HCR 5074.
COMMUNICATIONS FROM STATE OFFICERS
From Gary Sherrer, Lieutenant Governor/Secretary, Kansas Department of Commerce
and Housing, Trade Development Division, State of Kansas 1999 Export Statistics.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6015--
By Representative Shriver
A RESOLUTION in memory of David Mills.
WHEREAS, David McLeod Mills, 62, lawyer, banker and politician, died July 3, 1999,
after a long and courageous fight with cancer; and
WHEREAS, David Mills served in the Kansas House of Representatives from 1967-1972
and as a legislative liaison for Kansas Governors Robert Bennett and Mike Hayden; and
WHEREAS, After graduating with distinction from the University of Kansas School of
Law in 1963 and serving in the United States Air Force for three years, he returned to
Arkansas City and joined the law firm of Dale, Hickman and Mills in 1966. In 1990 he
became President and CEO of the First National Bank and Trust Company, now the Home
National Bank of Ponca City, Oklahoma; and
WHEREAS, David Mills devoted himself to public service. He was a member of the
Kansas Turnpike Authority, Kansas Board of Discipline of Attorneys, Board of Directors of
the Law Society at University of Kansas, Kansas University Development Committee and
was a University of Kansas Chancellor Associate. He was elected to the Arkansas City Com-
mission and served as Mayor of Arkansas City. He served on the Chamber of Commerce
Board, Red Cross Board, Arkansas City Library Board, and as a City Court Judge, President
of the United Fund, President of the Arkansas City Rotary Club and was a recipient of the
Jaycee ``Distinguished Service Award''; and
WHEREAS, After moving to Ponca City, David continued his community service as a
member of the Rotary Club (Paul Harris Fellow), Opportunity Center Board where he
served as both Secretary and President, Economic Development Advisory Board, United
Way Board, Chairman of the Marland Estate Commission, Chamber of Commerce Board
of Directors, member of the Oklahoma Medical Research Foundation, Financial Chairman
of the Pioneer Woman Museum expansion program, Salvation Army Board and was a strong
supporter of the YMCA. He served four years on the Cherokee Strip Golf Classic Council
which benefits the Opportunity Center and served as Chief for two years. David was honored
in 1998 as the recipient of the Ponca City Chamber of Commerce ``Outstanding Citizen''
award; and
WHEREAS, He is survived by his wife, Diana; a daughter, Kathy DeAngelis; two sons,
Mitch Mills and Jeff Mills; a stepdaughter, Kamille Greenhagen; a stepson, Zac Hardesty;
and two grandchildren: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we thank
David Mills for the public service he gave us and express our deepest sympathy to his family;
and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to Representative Shriver for delivery to Mrs.
David Mills.
CONSENT CALENDAR
Objection was made to SB 440, 444 appearing on the Consent Calendar; the bills were
placed on the calendar under the heading of General Orders.
No objection was made to HB 2724; SB 459, 460, 498 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 2724, An act concerning corrections; relating to placement of inmates; amending
K.S.A. 75-52,129 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 1; Present but not voting: 0; Absent or not
voting: 3.
SB 459, An act concerning mortgages; relating to mortgage business and mortgage loans;
amending K.S.A. 1999 Supp. 9-2204, 9-2207, 9-2208, 9-2209, 9-2212, 9-2213 and 9-2218
and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
SB 460, An act relating to the office of the state treasurer; authorizing the state treasurer
to designate certain positions to be in the unclassified service under the Kansas civil service
act, was considered on final action.
On roll call, the vote was: Yeas 100; Nays 22; Present but not voting: 0; Absent or not
voting: 3.
SB 498, An act concerning banks and banking; relating to special orders issued by the
bank commissioner; amending K.S.A. 1999 Supp. 9-1715 and repealing the existing section,
was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 1; Absent or not
voting: 3.
HB 2017, An act concerning state building construction; relating to change orders or
changes in plans; amending K.S.A. 75-1264 and repealing the existing section, was consid-
ered on final action.
On roll call, the vote was: Yeas 100; Nays 22; Present but not voting: 0; Absent or not
voting: 3.
SB 451, An act concerning the Kansas performance review board; relating to external
review of the board's activities; repealing K.S.A. 75-7106, was considered on final action.
On roll call, the vote was: Yeas 108; Nays 14; Present but not voting: 0; Absent or not
voting: 3.
SB 489, An act concerning the dealers and manufacturers licensing act; relating to own-
ing, acting as or controlling new vehicle dealers; sale and delivery of vehicles and respon-
sibilities with respect thereto; prescribing certain prohibited acts, was considered on final
action.
On roll call, the vote was: Yeas 117; Nays 5; Present but not voting: 0; Absent or not
voting: 3.
SB 500, An act concerning the Kansas water office; relating to employees of the Kansas
water office and members of the Kansas water authority; amending K.S.A. 1999 Supp. 74-
2614 and 74-2622 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 70; Nays 52; Present but not voting: 0; Absent or not
voting: 3.
SCR 1630, A concurrent resolution urging the Kansas Water Office to pursue the pur-
chase of water supply storage capacity in Kanopolis Reservoir from the United States Army
Corps of Engineers, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 2; Present but not voting: 0; Absent or not
voting: 3.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Empson, the House concurred in Senate amendments to HB 2655,
An act concerning the Kansas postsecondary education savings program; amending K.S.A.
1999 Supp. 75-643, 75-646 and 79-32,117 and repealing the existing sections.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2322, submits the following report:
The House accedes to all Senate Amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, in line 19, by striking ``January 1, 2000'' and inserting ``July 1, 2000''; by
striking all of lines 29 through 42; by renumbering section 4 as section 2;
In the title, by striking all in lines 13, 14 and 15; in line 16, by striking ``1213'' and inserting
``concerning visually impaired or blind persons; relating to billing procedures for certain
services'';
And your committee on conference recommends the adoption of this report.
Pat Ranson
Stan Clark
Jim Barone Conferees on the part of Senate
Carl Dean Holmes
Laura McClure
Tom Sloan Conferees on part of House
On motion of Rep. Sloan, the conference committee report on Sub. HB 2322 was
adopted.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Horst in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Horst, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2588 be adopted; also on motion of Rep.
Aurand be amended on page 2, in line 18, before ``farm'' by inserting ``operating'';
Also, roll call was demanded on motion of Rep. Campbell to amend HB 2588 on page
1, in line 21, by striking ``farm''; also, in line 21, by striking all after ``losses''; in line 22, by
striking all before ``incurred''; in line 27, after ``carried'' by inserting ``back or'';
On page 2, in line 18, by striking ``farm'' and inserting ``operating'';
In the title, in line 10, by striking ``farm'';
On roll call, the vote was: Yeas 92; Nays 27; Present but not voting: 2; Absent or not
voting: 4.
Absent or not voting: Henderson, Holmes, Howell, O'Connor.
The motion of Rep. Campbell prevailed; and HB 2588 be passed as amended.
Committee report to HB 2715 be adopted; also, on motion of Rep. Phill Kline to amend,
Rep. Aurand 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. Phill Kline to amend on page 4, after line 40, by inserting a
new section to read as follows:
``New Sec. 3. (a) Except as otherwise provided by subsection (b), the appraised valua-
tion of all property established in accordance with the provisions of K.S.A. 79-503a, and
amendments thereto, for utilization for a taxable year for property taxation purposes shall
not exceed the product of the appraised valuation of such property established for such
purposes for the next preceding taxable year multiplied by a fraction the numerator of which
is the average consumer price index for all urban consumers published by the federal de-
partment of labor as of the close of the 12-month period ending on August 31 of the first
calendar year preceding the appropriate taxable year and the denominator of which is such
index as of such period ending on August 31 of the second calendar year preceding the
appropriate taxable year.
(b) The appraised valuation for new or newly improved real property shall, in its initial
year of valuation, be based upon the comparison with values of other real property of known
or recognized value which is subject to the provisions of paragraph (a). The provisions of
subsection (a) shall be applicable to the appraised valuation of new property or new im-
provements to property for the taxable years next following the taxable year for which such
valuation is initially established and utilized for property taxation purposes.
(c) The provisions of this section shall be applicable to all taxable years commencing
after December 31, 2000.'';
By renumbering existing sections accordingly;
In the title, in line 11, after the semicolon by inserting ``limiting certain valuation
increases;'';
On roll call, the vote was: Yeas 79; Nays 41; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Henderson, Holmes, Howell, O'Connor, Toelkes.
The motion of Rep. Phill Kline prevailed.
Also, on motion of Rep. Reinhardt HB 2715 be amended on page 3, in line 15 by striking
``review'' and inserting ``the review and approval'';
Also, on motion of Rep. Alldritt HB 2715 be amended on page 4, in line 38, before the
comma by inserting ``and of the American Society of Farm Managers and Rural Appraisers'';
and HB 2715 be passed as amended.
Committee report to HB 2732 be adopted; also, on motion of Rep. Helgerson to amend,
Rep. Weber requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment not germane.
Also, on further motion of Rep. Helgerson to amend HB 2732, Rep. Weber 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.
Helgerson to amend on page 2, preceding line 1, by inserting the following:
``Sec. 2. There is hereby created the special education support fund in the state treas-
ury. All moneys credited to such fund under the provisions of this act or any other law shall
be allocated and distributed to unified school districts for special education services aid.
The director of accounts and reports shall transfer on July 1, 2001, and each July 1 thereafter,
from the state general fund to the special education support fund the amount certified by
the commissioner of education as the difference in the amount necessary to provide 90%
funding for special education services aid for the fiscal year commencing on such July 1 and
the aggregate amount appropriated for such fiscal year for special education services aid by
acts enacted during the most recent regular session of the legislature. All transfers are subject
to reduction under K.S.A. 75-6704, and amendments thereto. All transfers made in accord-
ance with the provisions of this section shall be considered to be demand transfers from the
state general fund.'';
And by renumbering the remaining section accordingly;
In the title, in line 10, after ``to'' by inserting ``transfers of specified funds; concerning
funding for''; also in line 10, by striking all after the semicolon; in line 11, by striking all
before the period and inserting ``relating to special education funding'';
On roll call, the vote was: Yeas 83; Nays 40; Present but not voting: 0; Absent or not
voting: 2.
The motion prevailed, and HB 2732 be passed as amended.
HB 2838 be passed over and retain a place on the calendar.
Committee report to HB 3009 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Financial Institutions recommends SB 445, as amended by Senate
Committee, be amended on page 8, in line 43, by striking ``(3)'' and inserting ``(4)''; also in
line 43, by striking ``(2)'' and inserting ``(3)'';
On page 9, in line 5, by striking ``(4)'' and inserting ``(5)''; in line 15, by striking ``(5)'' and
inserting ``(6)''; and the bill be passed as amended.
The Committee on Financial Institutions recommends SB 503, as amended by Senate
Committee, be amended on page 1, in line 20, by striking ``trus-''; in line 21, by striking
``tee'' and inserting ``fiduciary''; in line 32, by striking ``shall'' and inserting ``should'';
On page 2, in line 1, following ``beneficiaries'' by inserting ``who are eligible to receive
discretionary payments of trust income or principal assets'';
On page 3, in line 9, preceding ``professional'' by inserting ``errors and omissions cover-
age,''; and the bill be passed as amended.
The Committee on Taxation recommends HB 3007 be passed.
The Committee on Taxation recommends HCR 5071 be adopted.
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 were thereupon introduced and read by title:
HB 3033, An act concerning certain public agencies; relating to interlocal cooperation;
amending K.S.A. 12-2903 and 12-2904 and repealing the existing sections, by Committee
on Federal and State Affairs.
HB 3034, An act concerning the use of fetal tissue; imposing restrictions thereon; pro-
viding penalties for violations of such restrictions, by Committee on Federal and State
Affairs.
REPORT ON ENGROSSED BILLS HB 2017 reported correctly engrossed March 13, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday, March
15, 2000.