The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Reps. Ballard and J. Peterson were excused on excused absence by the Speaker.
Prayer by guest chaplain, the Rev. Ted Smith, pastor, Moline Christian Church, Moline,
and guest of Rep. Myers:
Almighty and merciful God, we come boldly to your throne of Grace to
offer up our prayers for those who are about your business.
The apostle Paul told us to pray for those in authority over us and we do
so now. We offer up our prayer for your guidance of each one's effort to be
about the business of running our state.
Lord help us to accept the decisions made by your chosen representatives
and we pray you will guide the hearts of these men and women whom you
have appointed to these offices where they make the rules and pass the laws
that keep us within the boundaries of your will.
I would pray dear Lord that you grant us the ability to agree to disagree
in part, and still work together for the betterment of the whole state.
That when all come together to represent us in the committees and on the
floor, we have the best, doing their best, to govern our state to the best of
their ability and that their integrity and good character comes forth for all to
see.
I ask and pray for all this in the name of our Lord Jesus, the Christ. Amen
and Amen.
The Pledge of Allegiance was led by Rep. Hermes.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: SCR 1628.
Insurance: Sub. SB 600.
Taxation: SCR 1635.
COMMUNICATIONS FROM STATE OFFICERS
From Larry Welch, Director, Kansas Bureau of Investigation, in compliance with K.S.A.
60-4117, status of the KBI State Forfeiture Fund, March 2000.
From Alan W. Houseman, Executive Director, Center for Law and Social Policy, ``Some
Days Are Harder Than Hard'': Welfare Reform and Women with Drug Convictions in
Pennsylvania, Amy E. Hirsch, Senior Soros Justice Fellow, December 1999.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
Objection was made to SB 515, 458 appearing on the Consent Calendar; the bills were
placed on the calendar under the heading of General Orders.
No objection was made to SB 426, 427, 443, 528, 640; SCR 1632 appearing on the
Consent Calendar for the first day.
No objection was made to SB 441 appearing on the Consent Calendar for the third day.
The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 441, An act concerning insurance; relating to health care; amending K.S.A. 1999 Supp.
40-2121, 40-2209f and 40-2209m 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.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Tanner, the House nonconcurred in Senate amendments to S. Sub. for HB 2476 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Tanner, Empson and Phelps as con-
ferees on the part of the House.
On motion of Rep. Tanner, the House concurred in Senate amendments to HB 2622,
An act authorizing establishment of the Northeast Kansas technical college.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
On motion of Rep. Benlon, the House concurred in Senate amendments to HB 2854,
An act concerning elections; relating to ballots and ballot applications; relating to election
machines; amending K.S.A. 25-1329 and 25-4406 and K.S.A. 1999 Supp. 25-1122d and 25-
2316c and repealing the existing sections.
On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.
On motion of Rep. Tanner, the House nonconcurred in Senate amendments to HB 2810
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.
Edmonds in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Edmonds, Committee of the Whole report, as follows, was adopted:
Recommended that SB 473; HB 3026 be passed.
HCR 5071 be adopted.
Committee report to SB 503 be adopted; also, on motion of Rep. Pauls be amended on
page 1, following line 23, by inserting the following:
``(c) As used in this act, ``fiduciary'' means a personal representative or a trustee. The
term includes an executor, administrator, successor personal representative, special admin-
istrator, and a person performing substantially the same function.'';
Also, on motion of Rep. Loyd SB 503 be amended on page 1, in line 34, by deleting the
word ``should'' and restoring the word ``shall'', thereby returning the bill to the original
language; and SB 503 be passed as amended.
Roll call was demanded on motion of Rep. Swenson to amend SB 521 on page 2, after
line 38, by inserting additional sections as follows:
``Sec. 2. K.S.A. 1999 Supp. 74-8017 is hereby amended to read as follows: 74-8017. (a)
It shall be the duty of Kansas, Inc. to prepare an annual report evaluating the cost effect-
iveness of the various income tax credits and sales tax exemptions enacted to encourage
economic development within this state and submit the same to the standing committees
on taxation and economic development of the house and assessment and taxation and com-
merce of the senate at the beginning of each regular session of the legislature. For taxable years commencing after December 31, 1999, the secretary of revenue shall develop a ques- tionnaire on the utilization of state income tax credits and sales tax exemptions that shall be completed by all corporate taxpayers subject to state income tax that shall be submitted to the department of revenue concurrently with the filing of an annual corporate income tax return. The questionnaire shall require respondents to indicate utilization of the following credits and exemptionsprovide Kansas, Inc. with the names, addresses, and if available, telephone numbers of individual, corporate and privilege tax filers utilizing the economic development credits named below for the purpose of conducting a confidential survey of those firms:
(1) Income tax credits, premium or privilege tax credits for investment in a qualified business facility and creation of new employment authorized under the provisions of the job expansion and investment credit act of 1976 and acts amendatory thereof and supplemental theretopursuant to K.S.A. 79-32,153, and amendments thereto;
(2) income tax, premium or privilege tax credits for investment in a qualified business facility and for the creation of new employment authorized under the provisions of K.S.A. 79-32,160a, and amendments thereto;
(2)(3) income tax credits for expenditures in research and development activities au-
thorized by K.S.A. 79-32,182 and 79-32,182a, and amendments thereto;
(3)(4) income and financial institutions privilege tax credits for cash investment in stock
of Kansas Venture Capital, Inc. authorized by K.S.A. 74-8205 and 74-8206, and amendments
thereto;
(4)(5) income tax credits for cash investment in certified Kansas venture capital com-
panies authorized by K.S.A. 74-8304, and amendments thereto;
(5)(6) income tax credits for cash investment in certified local seed capital pools au-
thorized by K.S.A. 74-8401, and amendments thereto;
(6)(7) income tax credits, premium or privilege tax credits for investment in the training
and education of qualified firms' employees authorized by K.S.A. 1998 Supp. 74-50,132,
and amendments thereto; and
(7) sales tax exemptions for property or services purchased for the purpose of and in conjunction with constructing, reconstructing, enlarging or remodeling a business, or retail business meeting the requirements of K.S.A. 74-50,115, and amendments thereto, and ma- chinery and equipment for installation at such business or retail business authorized by subsection (ee) of K.S.A. 1993 Supp. 79-3606a, and amendments thereto; and
(8) sales tax exemptions for machinery and equipment used directly and primarily for the purposes of manufacturing, assembling, processing, finishing, storing, warehousing or distributing articles of tangible personal property in this state intended for resale by a man- ufacturing or processing plant or facility or a storage, warehousing or distribution facility. The secretary of revenue shall provide the completed questionnaires and copies of sales tax exemption certificates to Kansas, Inc. for the preparation of such report.
(8) tax credits against income tax, privilege or premium tax credits for qualified invest- ment which exceeds $50,000 authorized by K.S.A. 74-50,132 and 79-32,160a(e), and amend- ments thereto.
(b) For taxable years commencing after December 31, 1999, the secretary of revenue shall provide Kansas, Inc. copies of applications for project exemption certificates completed by taxpayers and approved by the secretary of revenue for the purpose of receiving sales tax exemption on property or services purchased for the purpose of and in conjunction with constructing, reconstructing, enlarging or remodeling a business meeting the requirements of K.S.A. 74-50,115, and amendments thereto, and machinery and equipment for installation at such qualified business authorized by subsection (cc) of K.S.A. 79-3606, and amendments thereto, for the preparation of such report.
(c) Nothing in this section shall be construed to allow disclosure of the amount of income or any particulars set forth or disclosed in any report, return, federal return or federal return information, where such disclosure is prohibited by the federal internal revenue code as in effect on September 1, 1996, and amendments thereto, related federal internal revenue rules and regulations or other federal law.
New Sec. 3. (a) Beginning with the fiscal year 2002 annual report and biennially there-
after, the secretary of commerce and housing shall provide an analysis of the effect of
programs administered by the department of commerce and housing on the aggregate num-
ber of jobs created or retained by those programs and the average and mean wages paid in
those new jobs. Programs to be included in the analysis shall include, but not be limited to:
the food and feeds program, the industrial agriculture program, the Kansas existing industry
expansion program, projects funded through the Kansas economic opportunity initiatives
fund, the Kansas industrial training and retraining programs, the IMPACT program, and all
programs administered within the international trade division of the department.
(b) Beginning with the 2001 legislative session and biennially thereafter, the president
of Kansas, Inc. shall cause an analysis to be performed on the effect of business related tax
credits, exemptions and rebates on the aggregate number of jobs represented, retained or
created by firms claiming the exemption, credit or rebate and the average and mean wages
paid in those jobs. The tax programs to be analyzed shall include, but not be limited to: the
Kansas enterprise zone act, the job investment credit act, the high performance incentives
program, the neighborhood revitalization act and redevelopment plans funded through tax
increment financing. Any other provision of Kansas law notwithstanding, the department of
revenue shall provide any and all information necessary to complete the analysis required
by this subsection. Kansas, Inc. shall prepare the analysis in such a manner as to ensure
taxpayer anonymity.
(c) Prior to January 1, 2001, the secretary of commerce and housing shall adopt meas-
urable goals and objectives for each program analyzed pursuant to subsection (a). The goals
and objectives developed shall include targets for aggregate average wages paid and number
of new jobs to be created or retained for each program. Beginning with the annual report
for fiscal year 2003, the secretary shall report the extent to which such programs have
attained the goals established pursuant to this subsection.
Sec. 4. K.S.A. 1999 Supp. 75-5133 is hereby amended to read as follows: 75-5133. (a)
Except as otherwise more specifically provided by law, all information received by the di-
rector of taxation from applications for licensure or registration made or returns or reports
filed under the provisions of any law imposing any excise tax administered by the director,
or from any investigation conducted under such provisions, shall be confidential, and it shall
be unlawful for any officer or employee of the department of revenue to divulge any such
information except in accordance with other provisions of law respecting the enforcement
and collection of such tax, in accordance with proper judicial order and as provided in K.S.A.
74-2424, and amendments thereto.
(b) Nothing in this section shall be construed to prohibit the publication of statistics, so
classified as to prevent identification of particular reports or returns and the items thereof,
or the inspection of returns by the attorney general. Nothing in this section shall prohibit
the post auditor from access to all such excise tax reports or returns in accordance with and
subject to the provisions of subsection (g) of K.S.A. 46-1106, and amendments thereto.
Nothing in this section shall be construed to prohibit the disclosure of taxpayer information
from excise tax returns to persons or entities contracting with the secretary of revenue where
the secretary has determined disclosure of such information is essential for completion of
the contract and has taken appropriate steps to preserve confidentiality.
(c) Notwithstanding the foregoing provisions of this section, the director of taxation may
provide such information from returns and reports filed under article 42 of chapter 79 of
the Kansas Statutes Annotated to county appraisers as is necessary to insure proper valua-
tions of property. Information from such returns and reports may also be exchanged with
any other state agency administering and collecting conservation or other taxes and fees
imposed on or measured by mineral production. Nothing in this section shall prohibit the
disclosure of the following oil and gas production statistics received by the department of
revenue in accordance with K.S.A. 79-4216 et seq. and amendments thereto: Volumes of
production by well name, well number, operator's name and identification number assigned
by the state corporation commission, lease name, leasehold property description, county of
production or zone of production, name of purchaser and purchaser's tax identification
number assigned by the department of revenue, name of transporter, field code number or
lease code, tax period, exempt production volumes by well name or lease, or any combination
of this information.
(d) Notwithstanding the provisions of this section, the secretary of revenue may provide such information to the president of Kansas, Inc. as required by K.S.A. 74-8017, and amend- ments thereto.
(d)(e) Any person receiving any information under the provisions of subsection (b) or
(c) shall be subject to the confidentiality provisions of subsection (a) and to the penalty
provisions of subsection (e).
(e)(f) Any violation of this section shall be a class B nonperson misdemeanor, and if
the offender is an officer or employee of this state, such officer or employee shall be dis-
missed from office.'';
And by renumbering remaining sections accordingly;
Also on page 2, in line 39, by striking ``is'' and inserting ``, 74-8017 and 75-5133 are'';
In the title, in line 10, by striking all after ``to''; in line 11, by striking all before the
semicolon and inserting ``economic development; requiring the formulation of objective
criteria to measure the success of the Kansas economic development programs; authorizing
the disclosure of certain information by the secretary of revenue to the president of Kansas,
Inc.''; also in line 11, after ``74-50,115'' by inserting ``, 74-8017 and 75-5133''; in line 12, by
striking ``section'' and inserting ``sections''.
On roll call, the vote was: Yeas 44; Nays 78; Present but not voting: 0; Absent or not
voting: 3.
Absent or not voting: Ballard, Glasscock, J. Peterson.
The motion of Rep. Swenson did not prevail.
Also, on motion of Rep. Ballou SB 521 be amended on page 2, after line 38, by inserting
additional sections as follows:
``Sec. 2. K.S.A. 1999 Supp. 74-8902 is hereby amended to read as follows: 74-8902.
The following words or terms used in this act shall have the following meanings unless a
different meaning clearly appears from the context:
(a) ``Act'' means the Kansas development finance authority act.
(b) ``Authority'' means the Kansas development finance authority created by K.S.A. 74-
8903, and amendments thereto.
(c) ``Agricultural business enterprises'' means facilities supporting or utilized in the op-
eration of farms, ranches and other agricultural, aquacultural or silvicultural commodity
producers and services provided in conjunction with the foregoing. ``Agricultural business
enterprise'' shall not include a swine production facility on agricultural land which is owned,
acquired, obtained or leased by a corporation, limited liability company, limited partnership,
corporate partnership or trust.
(d) ``Agricultural land,'' ``corporation,'' ``corporate partnership,'' ``limited liability com-
pany,'' ``limited partnership,'' ``swine production facility'' and ``trust'' have the meanings
ascribed pursuant to K.S.A. 17-5903, and amendments thereto.
(e) ``Board of directors'' means the board of directors of the authority created by K.S.A.
74-8903, and amendments thereto.
(f) ``Bonds'' means any bonds, notes, debentures, interim certificates, grant and revenue
anticipation notes, interest in a lease, lease certificate of participation or other evidences of
indebtedness, whether or not the interest on which is subject to federal income taxation,
issued by the authority pursuant to this act.
(g) ``Capital improvements'' means any physical public betterment or improvement or
any preliminary plans, studies or surveys relative thereto; land or rights in land, including,
without limitations, leases, air rights, easements, rights-of-way or licenses; and any furnish-
ings, machinery, vehicles, apparatus or equipment for any public betterment or
improvement.
(h) ``Construct'' means to acquire or build, in whole or in part, in such manner and by
such method as the authority shall determine to be in the public interest and necessary to
accomplish the purposes of and authority set forth in this act.
(i) ``Loans'' means loans made for the purposes of financing any of the activities au-
thorized within this act, including loans made to financial institutions for funding or as
security for loans made for accomplishing any of the purposes of this act and reserves and
expenses appropriate or incidental thereto.
(j) ``Educational facilities'' means real, personal and mixed property of any and every
kind intended by an educational institution in furtherance of its educational program.
(k) ``Facilities'' means any real property, personal property or mixed property of any
and every kind.
(l) ``Health care facilities'' means facilities for furnishing physical or mental health care.
(m) ``Housing development'' means any work or undertaking, whether new construction
or rehabilitation, which is designed and financed pursuant to the provisions of this act for
the primary purpose of providing dwelling accommodations for elderly persons and families
of low income in need of housing.
(n) ``Industrial enterprise'' means facilities for manufacturing, producing, processing,
assembling, repairing, extracting, warehousing, distributing, communications, computer
services, transportation, corporate and management offices and services provided in con-
nection with any of the foregoing, in isolation or in any combination, that involve the creation
of new or additional employment or the retention of existing employment.
(o) ``Political subdivision'' means political or taxing subdivisions of the state, including
municipal and quasi-municipal corporations, boards, commissions, authorities, councils,
committees, subcommittees and other subordinate groups or administrative units thereof,
receiving or expending and supported, in whole or in part, by public funds.
(p) ``Pooled bonds'' means bonds of the authority, the interest on which is subject to
federal income taxation, which are issued for the purpose of acquiring bonds issued by two
or more political subdivisions.
(q) ``Project of statewide as well as local importance'' means a project as to which the secretary of commerce and housing has made a finding that at least: (i) Capital improvements costing not less than $300,000,000 or, if constructed in a county which according to the 1990 decennial census contained a population of 25,000 or less, costing not less than $5,000,000 will be built in the state for such project; (ii) not less than 1,500 or, if created in a county which according to the 1990 decennial census contained a population of 25,000 or less, not less than 150 permanent and seasonal employment positions as defined by K.S.A. 74-50,114, and amendments thereto, will be created in the state by such project; (iii) is located outside of the city limits of any city at the time of such finding; and (iv) is to be located at a site designated as a federal enclave as of January 1, 1998.
(r)(q) ``State'' means the state of Kansas.
(s)(r) ``State agency'' means any office, department, board, commission, bureau, divi-
sion, public corporation, agency or instrumentality of this state.
Sec. 3. K.S.A. 1999 Supp. 74-8904 is hereby amended to read as follows: 74-8904.
Except as otherwise limited by this act, the authority shall have the following powers to:
(a) Sue and be sued;
(b) have a seal and alter such seal;
(c) make and alter bylaws for its organization and internal management;
(d) adopt such rules and regulations as may be necessary to carry out the purposes of
this act;
(e) acquire, hold and dispose of real and personal property for its corporate purposes;
(f) appoint officers, agents and employees, prescribe their duties and qualifications and
fix their compensation;
(g) borrow money and to issue notes, bonds and other obligations pursuant to K.S.A.
74-8905, and amendments thereto, whether or not the interest on which is subject to federal
income taxation, and to provide for the rights of the lenders or holders thereof;
(h) purchase notes or participations in notes evidencing loans which are secured by
mortgages or security interests and to enter into contracts in that regard;
(i) make secured or unsecured loans for any of the purposes for which bonds of the
authority may be issued under this act or to low and moderate income multifamily rental
housing projects participating in programs established in section 42 of the federal internal
revenue code, and provide financing for housing projects and programs in participation with
programs established by the United States department of housing and urban development
or the Kansas department of commerce and housing; except as otherwise provided in this
subsection, nothing in this act shall be construed to authorize the authority to make loans
directly to individuals to finance housing developments;
(j) sell mortgages and security interests at public or private sale, to negotiate modifi-
cations or alterations in mortgage and security interests, to foreclose on any mortgage or
security interest in default or commence any action to protect or enforce any right conferred
upon it by any law, mortgage, security agreement, contract or other agreement, and to bid
for and purchase property which was the subject of such mortgage or security interest at
any foreclosure or at any other sale, to acquire or take possession of any such property, and
to exercise any and all rights as provided by law for the benefit or protection of the authority
or mortgage holders;
(k) collect fees and charges in connection with its loans, bond guarantees, commitments
and servicing, including, but not limited to, reimbursement of costs of financing as the
authority shall determine to be reasonable and as shall be approved by the authority;
(l) make and execute contracts for the servicing of mortgages acquired by the authority
pursuant to this act, and to pay the reasonable value of services rendered to the authority
pursuant to those contracts;
(m) enter into agreements with and accept gifts, grants, loans and other aid from the
federal government, the state, any state agency, any political subdivision of the state, or any
person or corporation, foundation or legal entity, and to agree to and comply with any
conditions attached to federal and state financial assistance not inconsistent with the pro-
visions of this act;
(n) invest moneys of the authority not required for immediate use, including proceeds
from the sale of any bonds, in such manner as the board shall determine, subject to any
agreement with bondholders stated in the authorizing resolution providing for the issuance
of bonds;
(o) procure insurance against any loss in connection with its programs, property and
other assets;
(p) provide technical assistance and advice to the state or political subdivisions of the
state and to enter into contracts with the state or political subdivisions of the state to provide
such services. The state or political subdivisions of the state are hereby authorized to enter
into contracts with the authority for such services and to pay for such services as may be
provided them;
(q) establish accounts in one or more depositories;
(r) lease, acquire, construct, sell and otherwise deal in and contract concerning any
facilities;
(s) have and exercise all of the powers granted to the public housing authorities by the
state, except that the authority shall not have the power of eminent domain;
(t) do any and all things necessary or convenient to carry out purposes of the authority
and exercise the powers given and granted in this act;
(u) assist minority businesses in obtaining loans or other means of financial assistance.
The terms and conditions of such loans or financial assistance, including the charges for
interest and other services, will be consistent with the provisions of this act. In order to
comply with this requirement, efforts must be made to solicit for review and analysis pro-
posed minority business ventures. Basic loan underwriting standards will not be waived to
inconsistently favor minority persons or businesses from the intent of the authority's lending
practices; and
(v) form one or more subsidiary corporations under K.S.A. 17-6001 et seq., and amend-
ments thereto, in accordance with the procedures therein contained. Each subsidiary cor-
poration shall be subject to the same restrictions and limitations as to the powers and
purposes to which the authority is subject. The authority may delegate any of its powers,
obligations and duties to any subsidiary corporation by inclusion of such powers, obligations
and duties in the articles of incorporation of the subsidiary corporation. Subsidiary corpo-
rations so formed shall constitute legal entities separate and distinct from each other, the
authority and the state. The authority shall not be liable for the debts or obligations or for
any actions or inactions of its subsidiary corporations unless the authority expressly agrees
otherwise in writing. The authority may make loans or grants to a subsidiary corporation
from time to time to enable the subsidiary corporation to carry out its purposes. The mem-
bers of the authority shall constitute all of the directors of each subsidiary corporation.
The state, any municipality or any state commission, public authority, agency, officer,
department, board or division authorized and empowered to enter into agreements with, to
grant, convey, lease or otherwise transfer any property to, or to otherwise transact business
with the authority, shall have the same authorization and power to engage in these activities
with each subsidiary corporation of the authority.
One or more such subsidiary corporation may be formed for purposes of establishing
state tax credit equity funds to assist in the development of low-income and middle-income
housing and obtain financing through participation in the program established in section 42
of the federal internal revenue code.
Actions of the authority or any subsidiary corporation relating to housing pursuant to this
subsection (v) shall be carried out in accordance with any terms, conditions and limitations
relating to policy issues regarding housing, as established by the secretary of commerce and
housing.
One or more such subsidiary corporations may be formed for purposes of acquiring or conveying on behalf of the state and pursuant to this act a project of statewide as well as local importance, issuing bonds on behalf of the state pursuant to this act to finance a project of statewide as well as local importance or otherwise financing on behalf of the state pursuant to this act a project of statewide as well as local importance. The Kansas statewide projects development corporation is hereby created in accordance with this section.
Sec. 4. K.S.A. 1999 Supp. 74-8905 is hereby amended to read as follows: 74-8905. (a)
The authority is hereby authorized and empowered to issue bonds, either for a specific
activity or on a pooled basis for a series of related or unrelated activities or projects duly
authorized by a political subdivision or group of political subdivisions of the state in such
amounts as shall be determined by the authority for the purpose of financing projects of
statewide as well as local importance as defined pursuant to K.S.A. 12-1744 and amendments
thereto, capital improvement facilities, educational facilities, health care facilities and hous-
ing developments. Nothing in this act shall be construed to authorize the authority to issue
bonds or use the proceeds thereof to (1) purchase, condemn, or otherwise acquire a utility
plant or distribution system owned or operated by a regulated public utility or (2) finance
any capital improvement facilities, educational facilities, or health care facilities which are
authorized under the laws of the state to be financed by the issuance of general obligation
or utility revenue bonds of a political subdivision, except that the acquisition by the authority
of general obligation or utility revenue bonds issued by political subdivisions with the pro-
ceeds of pooled bonds shall not violate the provisions of the foregoing. Nothing in this
subsection (a) shall prohibit the issuance of bonds by the authority when any statute spe-
cifically authorizes the issuance of bonds by the authority or approves any activity or project
of a state agency for purposes of authorizing any such issuance of bonds in accordance with
this section and provides an exemption from the provisions of this subsection (a).
(b) The authority is hereby authorized and empowered to issue bonds for activities and
projects of state agencies as requested by the secretary of administration. No bonds may be
issued pursuant to this act for any activity or project of a state agency unless the activity or
project either has been approved by an appropriation or other act of the legislature or has
been approved by the state finance council acting on this matter which is hereby charac-
terized as a matter of legislative delegation and subject to the guidelines prescribed in
subsection (c) of K.S.A. 75-3711c and amendments thereto. When requested to do so by
the secretary of administration, the authority is further authorized and empowered to issue
bonds for the purpose of refunding, whether at maturity or in advance of maturity, any
outstanding bonded indebtedness of any state agency. The revenues of any state agency
which are pledged as security for any bonds of such state agency which are refunded by
refunding bonds of the authority may be pledged to the authority as security for the re-
funding bonds.
(c) The authority is hereby authorized and empowered to issue bonds for the purpose
of financing industrial enterprises, agricultural business enterprises, educational facilities,
health care facilities and housing developments, or any combination of such facilities, or any
interest in facilities, including without limitation leasehold interests in and mortgages on
such facilities. No less than 30 days prior to the issuance of any bonds authorized under this
act with respect to any project or activity which is to be undertaken for the direct benefit
of any person or entity which is not a state agency or a political subdivision, written notice
of the intention of the authority to provide financing and issue bonds therefor shall be given
by the president of the authority to the governing body of the city in which the project or
activity is to be located, or, if the project or activity is not proposed to be located within a
city, such notice shall be given to the governing body of the county. No bonds for the
financing of the project or activity shall be issued by the authority for a one-year period if,
within 15 days after the giving of such notice, the governing body of the political subdivision
in which the project or activity is proposed to be located shall have duly enacted an ordinance
or resolution stating express disapproval of the project or activity and shall have notified the
president of the authority of such disapproval.
(d) The authority is hereby authorized and empowered to issue bonds for the purpose
of establishing and funding one or more series of venture capital funds in such principal
amounts, at such interest rates, in such maturities, with such security, and upon such other
terms and in such manner as is approved by resolution of the authority. The proceeds of
such bonds not placed in a venture capital fund or used to pay or reimburse organizational,
offering and administrative expenses and fees necessary to the issuance and sale of such
bonds shall be invested and reinvested in such securities and other instruments as shall be
provided in the resolution under which such bonds are issued. Moneys in a venture capital
fund shall be used to make venture capital investments in new, expanding or developing
businesses, including, but not limited to, equity and debt securities, warrants, options and
other rights to acquire such securities, subject to the provisions of the resolution of the
authority. The authority shall establish an investment policy with respect to the investment
of the funds in a venture capital fund not inconsistent with the purposes of this act. The
authority shall enter into an agreement with a management company experienced in venture
capital investments to manage and administer each venture capital fund upon terms not
inconsistent with the purposes of this act and such investment policy. The authority may
establish an advisory board to provide advice and consulting assistance to the authority and
the management company with respect to the management and administration of each
venture capital fund and the establishment of its investment policy. All fees and expenses
incurred in the management and administration of a venture capital fund not paid or re-
imbursed out of the proceeds of the bonds issued by the authority shall be paid or reim-
bursed out of such venture capital fund.
(e) The authority is hereby authorized and empowered to issue bonds in one or more series for the purpose of financing a project of statewide as well as local importance in connection with a redevelopment plan that is approved by the authority in accordance with K.S.A. 1999 Supp. 74-8921 and 74-8922, and amendments thereto.
(f)(e) The authority is hereby authorized and empowered to use the proceeds of any
bond issues herein authorized, together with any other available funds, for venture capital
investments or for purchasing, leasing, constructing, restoring, renovating, altering or re-
pairing facilities as herein authorized, for making loans, purchasing mortgages or security
interests in loan participations and paying all incidental expenses therewith, paying expenses
of authorizing and issuing the bonds, paying interest on the bonds until revenues thereof
are available in sufficient amounts, purchasing bond insurance or other credit enhancements
on the bonds, and funding such reserves as the authority deems necessary and desirable.
All moneys received by the authority, other than moneys received by virtue of an appro-
priation, are hereby specifically declared to be cash funds, restricted in their use and to be
used solely as provided herein. No moneys of the authority other than moneys received by
appropriation shall be deposited with the state treasurer.
(g)(f) Any time the authority is required to publish a notification pursuant to the tax
equity and fiscal responsibility act of 1982, the authority shall further publish such notifi-
cation in the Kansas register.
(h)(g) Any time the authority issues bonds pursuant to this section, the authority shall
publish notification of such issuance of bonds 14 days prior to any bond hearing in the
official county newspaper where such bonds will be used and in the Kansas register.
Sec. 5. K.S.A. 1999 Supp. 74-8930 is hereby amended to read as follows: 74-8930.
Within one year of the commencement of construction of any project of statewide as well
as local importance as defined in K.S.A. 74-890212-1774 and amendments thereto, located
within a county which according to the 1990 decennial census contained a population greater than 25,000, other than Wyandotte county, a developer shall reimburse the unified govern-
ment of Wyandotte county for cash investment in the project as documented to and deter-
mined by the secretary of commerce and housing.
New Sec. 6. Under no circumstances shall the state of Kansas, any of its political sub-
divisions, the Kansas development finance authority or any unit of local government assume
responsibility or otherwise be responsible for any environmental remediation which may be
required to be performed within the redevelopment district designated through any rede-
velopment plan. Any person or entity, other than the state, an instrumentality of the state,
or a unit of local government, who proposes to take legal title to land which is located at a
site designated as a federal enclave prior to January 1, 1998, for the purpose of developing
a project of state-wide as well as local importance, as defined in K.S.A. 12-1774 and amend-
ments thereto shall: (1) prior to taking such title, enter into a consent decree agreement
with the Kansas department of health and environment or the United States environmental
protection agency under which such person or entity expressly agrees to be responsible for
and to complete the remediation of all environmental contamination of such land according
to established standards and levels for appropriate property uses, except that part, if any, of
the remediation which is, by agreement approved by the governor, to be retained by the
federal government or any agency thereof and (2) prior to taking title to any of the land,
provide prepaid third-party financial guarantees to the state or an instrumentality thereof
sufficient in form and amount to insure full and complete remediation of all of the land
within the federal enclave as required in the consent decree agreement. Nothing in this
section is intended and shall not be construed to relieve the United States army, the federal
government or any agency thereof from any duty, responsibility or liability for any contam-
ination or remediation of the land as may be imposed or required under state or federal
law; and
Prior to taking title, possession or otherwise exercising control over the land within a
former federal enclave or in any other way exposing the state to potential liability for en-
vironmental remediation of such property, the state or any instrumentality of the state shall
obtain the written opinion of a competent attorney, specializing in environmental law and
maintaining professional liability insurance, regarding the state's potential liability resulting
from taking title, possession or otherwise exercising control over the land.
Sec. 7. K.S.A. 1999 Supp. 79-252a is hereby amended to read as follows: 79-252a. No
ad valorem tax exemption for real or personal property, located within a redevelopment
district established pursuant to K.S.A. 74-892112-1774 and amendments thereto, granted
after the effective date of this act by the governing body of any city or the board of county
commissioners of any county pursuant to the provisions of section 13 of article 11 of the
Kansas constitution shall be deemed to exempt any such property from the ad valorem
property tax levied by or on behalf of a school district.'';
And by renumbering the remaining sections accordingly;
Also on page 2, in line 39, after ``74-50,115'', by striking ``is'' and inserting ``, 74-8902, 74-
8904, 74-8905, 74-8921, 74-8922, 74-8923, 74-8925, 74-8926, 74-8927, 74-8928, 74-8929,
74-8930 and 79-252a are'';
In the title, in line 10, by striking all after ``to''; in line 11, by striking all before the
semicolon and inserting ``economic development; concerning enterprise zones and activities
which may be undertaken therein''; also in line 11, after ``74-50,115'' by inserting ``, 74-
8902, 74-8904, 74-8905, 74-8930 and 79-252a''; in line 12, by striking ``section'' and inserting
``sections; also repealing K.S.A. 1999 Supp. 74-8921, 74-8922, 74-8923, 74-8925, 74-8926,
74-8927, 74-8928 and 74-8929''; and SB 521 be passed as amended.
Committee report to SB 574 be adopted; also, on motion of Rep. McKinney to amend,
Rep. Tomlinson requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment not germane; and the bill be passed as amended.
Committee report to SB 512 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends SB 533 be amended on page 1, after line
12, by inserting the following:
``Section 1. K.S.A. 47-434 is hereby amended to read as follows: 47-434. As used in this
act:
(a) ``Commissioner'' means the state livestock commissioner;
(b) ``brand inspection area'' means any county which has been designated as such by
the board of county commissioners of such county in the manner provided by K.S.A. 47-
435 and amendments thereto;
(c) ``resident owner of cattle or sheep'' means any resident of a county who listedhas owned one or more head of cattle or sheep, or both, for taxation during the preceding tax assessment periodat any time during the 12 preceding months;
(d) ``brand inspection'' means the inspection of brands, marks, and other identifying
characteristics of cattle or sheep, or both, for the purpose of determining the ownership
thereof; and
(e) ``person'' means any individual, firm, association, partnership or corporation; and
(f) ``board'' means the board of directors of the Kansas livestock association.'';
And by renumbering Section 1 as Sec. 2;
On page 2, in line 9, by striking ``2'' and inserting ``3''; also in line 9, after ``K.S.A.'' by
inserting ``47-434 and''; also in line 9, by striking ``is'' and inserting ``are''; in line 10, by
striking ``3'' and inserting ``4'';
On page 1, in the title, in line 10, after ``K.S.A.'' by inserting ``47-434 and''; also in line
10, by striking ``section'' and inserting ``sections''; and the bill be passed as amended.
The Committee on Appropriations recommends SB 24, as amended by Senate Com-
mittee, be passed and, because the committee is of the opinion that the bill is of a noncon-
troversial nature, be placed on the consent calendar.
The Committee on Appropriations recommends HB 3000 be amended on page 1, in
line 35, by striking all after ``justice''; by striking all in line 36; in line 37, by striking all
before ``which'';
On page 2, in line 7, by striking all after ``(2)''; by striking all in lines 8 and 9 and inserting
``the Atchison juvenile correctional facility, Beloit juvenile correctional facility, Larned ju-
venile correctional facility and Topeka juvenile correctional facility''; after line 23, by in-
serting the following:
``(d) The complainant shall exhaust all facility grievance procedures prior to the om-
budsman's action on a complaint or grievance.''; and the bill be passed as amended.
The Committee on Economic Development recommends HB 3010 be amended on
page 1, in line 15, after the period, by inserting ``Commencing after December 31, 1999:'';
in line 18, after ``fication'', by inserting ``(SIC)''; in line 21, by striking ``July'' and inserting
``October''; in line 23, after ``secretary'', by inserting ``of commerce and housing''; in line 24,
by striking ``conflict'' and inserting ``difference''; in line 29, by striking ``corresponding'' and
inserting ``appropriate''; in line 35, by striking ``corresponding'' and inserting ``appropriate'';
On page 2, in line 11 by striking ``correspond-''; in line 12 by striking ``ing'' and inserting
``appropriate''; in line 15, by striking ``corresponding'' and inserting ``appropriate''; in line
20, by striking ``correspond-''; in line 21, by striking ``ing'' and inserting ``appropriate''; in
line 24, by striking ``corresponding'' and inserting ``appropriate''; in line 28, by striking ``cor-
responding'' and inserting ``appropriate''; in line 30, by striking ``corresponding'' and insert-
ing ``appropriate'';
On page 3, in line 7, by striking ``may'' and inserting ``shall upon request''; in line 32, by
striking ``1997'' and inserting ``1999'';
On page 6, by striking all of lines 15 and 16; in line 17, by striking ``years'' and inserting
``$50,000''; and the bill be passed as amended.
The Committee on Environment recommends HCR 5069 be amended on page 1, in
line 13, by striking all following ``Soydiesel''; in line 14, by striking all preceding ``is'' and
inserting ``blend''; in line 17, following ``Soydiesel'' by inserting ``blend''; in line 19, following
``Soydiesel'' by inserting ``blend''; in line 22, following ``Soydiesel'' by inserting ``blend''; in
line 28, by striking ``mandate that'' and inserting ``provide for''; in line 29, by striking all
following ``to''; in line 30, by striking all preceding the comma and inserting ``use soydiesel
blend of at least 2% soydiesel''; in line 35, preceding the comma, by inserting ``and the
Kansas Soybean Commission'';
In the title, in line 10, following ``soydiesel'' by inserting ``blend''; and the concurrent
resolution be adopted as amended.
The Committee on Federal and State Affairs recommends SB 607 be amended on
page 1, by striking all in lines 26, 27 and 28 and inserting:
``(d) ``Native American Indian tribe''means the following resident Kansas Native Amer-
ican Indian tribes:
(1) The Iowa Tribe of Kansas and Nebraska.
(2) The Kickapoo Tribe in Kansas.
(3) The Prairie Band Potawatomi Nation of Kansas.
(4) The Sac and Fox Nation of Missouri in Kansas and Missouri.'';
On page 2, in line 8, following ``agency'' by inserting ``, other than the state of Kansas or
any agency or instrumentality of the state of Kansas.'';
On page 3, by striking all in lines 11, 12 and 13 and inserting:
``Sec. 3. K.S.A. 1999 Supp. 46-2301 is hereby amended to read as follows: 46-2301. As
used in this act:
(a) ``Class III gaming'' has the meaning provided by the Indian gaming regulatory act
(25 U.S.C. 2701 et seq.).
(b) ``Gaming compact'' means a tribal-state compact regarding class III gaming as pro-
vided by section 11 of the Indian gaming regulatory act (25 U.S.C. 2710).
(c) ``Committee'' or ``joint committee'' means the joint committee on state-tribal
relations.
(d) ``Native American Indian tribe'' means the following resident Kansas Native Amer- ican Indian tribes:
(1) The Iowa Tribe of Kansas and Nebraska.
(2) The Kickapoo Tribe in Kansas.
(3) The Prairie Band Potawatomi Nation of Kansas.
(4) The Sac and Fox Nation of Missouri in Kansas and Missouri.
Sec. 4. K.S.A. 1999 Supp. 46-2302 is hereby amended to read as follows: 46-2302. (a)
Any request by a Native American Indian tribe for negotiation of a gaming compact with
the state of Kansas, including a request for renegotiation of an existing gaming compact,
received on or after the effective date of this act shall be submitted in writing to the governor.
(b) The governor or the governor's designated representatives are authorized to nego-
tiate gaming compacts on behalf of the state of Kansas. In addition to such gaming compacts, the governor or the governor's designated representatives are authorized to negotiate other agreements with Native American Indian tribes. At the conclusion of negotiations of a gam- ing compact or other agreement, the governor shall submit the proposed compact or agree- ment to the joint committee on state-tribal relations for the joint committee's recommen-
dations as to approval or modification of the proposed compact.
(c) If the joint committee recommends modification of a proposed compact or other agreement under this section submitted by the governor, the governor or the governor's
representatives may resume negotiations in accordance with the joint committee's recom-
mendations and the modified proposed compact or agreement shall be submitted to the
joint committee in the same manner as the original proposed compact or agreement. Within
5 days after receiving the joint committee's recommended modifications, the governor shall
notify the joint committee, in writing, as to whether or not the governor has resumed ne-
gotiations. Within 10 days after receipt of notice that the governor has not resumed nego-
tiations, or if the governor fails to notify the joint committee that the governor has resumed
negotiations, the joint committee shall vote to recommend approval or rejection of the
proposed compact or agreement or shall vote to make no recommendation on the proposed
compact or agreement.
(d) (1) If the legislature is in session when the joint committee votes to recommend
approval or rejection of a proposed compact or other agreement under this section or votes
to make no recommendation on a proposed compact or agreement, as authorized by this
section, the joint committee shall introduce in each house of the legislature, within five days
after the joint committee's vote, a resolution approving the proposed compact or agreement
as submitted by the governor. Each resolution shall be accompanied by the report of the
joint committee recommending that the resolution be adopted or not be adopted or re-
porting the resolution without recommendation. If, within 10 days after introduction of the
resolutions, a majority of the members of each house votes to adopt the resolution intro-
duced in such house, the proposed compact or agreement shall be considered to have been
approved by the legislature and the governor is authorized to execute the compact or agree- ment on behalf of the state. Each house of the legislature shall vote on the resolution
introduced in such house within 10 days after introduction unless the other house has already
voted against adoption of the resolution introduced in such other house.
(2) If the legislature is not in session when the joint committee votes to recommend
approval or rejection of a proposed compact or other agreement under this section or votes
to make no recommendation on a proposed compact or agreement, as authorized by this
section, the joint committee shall notify the legislative coordinating council of the joint
committee's action within five days after such action. If, within 30 days after receiving such
notice, the legislative coordinating council votes, by a vote of five members of the council,
to approve the proposed compact or agreement, the compact or agreement shall be consid-
ered to have been approved by the legislative coordinating council and the governor is
authorized to execute the compact or agreement on behalf of the state.
(3) Neither the legislature nor the legislative coordinating council has the authority to
amend or otherwise modify any proposed gaming compact or other agreement under this section.
(e) The attorney general shall be the legal counsel for the governor or the governor's
representatives in negotiating a gaming compact or other agreement, under this section and
for the joint committee in reviewing proposed compacts.
(f) A gaming compact negotiated on behalf of the state under this section shall contain:
(1) A provision recognizing the right of each party to the compact to request that the
compact be renegotiated or replaced by a new compact, including the right of the legislature
by concurrent resolution to request renegotiation or replacement of the compact, and pro-
viding the terms under which either party, including the legislature, may request a rene-
gotiation or the negotiation of a new compact; and
(2) a provision that, in the event of a request for a renegotiation or a new compact, the
existing compact will remain in effect until renegotiated or replaced.
(g) The governor or the governor's designated representatives and the attorney general
shall report to the joint committee, at such times as requested by the joint committee,
regarding gaming compacts and other agreements negotiated under this section and pro-
spective negotiations.
Sec. 5. K.S.A. 1999 Supp. 46-2303 is hereby amended to read as follows: 46-2303. (a)
The joint committee on gaming compacts is hereby reconstituted as the joint committee on
state-tribal relations. The joint committee shall consist of 12 members as follows: (1) Five
members of the senate and five members of the house of representatives; and (2) the
governor or the governor's designee and the attorney general or the attorney general's
designee who shall be nonvoting members. Of the members appointed from the senate,
three shall be appointed by the president of the senate and two shall be appointed by the
minority leader of the senate. Of the members appointed from the house of representatives,
three shall be appointed by the speaker of the house of representatives and two by the
minority leader of the house of representatives. SuchLegislative members shall be selected
only from the membership of the standing committees on federal and state affairs, judiciary,
taxation and assessment and taxation. All legislative members of the joint committee shall
serve for terms ending on the first day of the regular legislative session in odd-numbered
years.
(b) Each year the members of the joint committee shall elect from its membership a
chairperson and a vice-chairperson. During odd-numbered years, the chairperson shall be
a member from the senate and the vice-chairperson shall be a member from the house of
representatives. During even-numbered years, the chairperson shall be a member from the
house of representatives and the vice-chairperson shall be a member from the senate. The
vice-chairperson shall exercise all of the powers and duties of the chairperson in the absence
of the chairperson.
(c) A quorum of the joint committee on state-tribal relations shall be six. Nonvoting members of the joint committee shall not be counted when determining a quorum. Actions
of the joint committee recommending that a resolution approving a proposed compact or agreement negotiated under K.S.A. 46-2302, and amendments thereto, be adopted or not be
adopted shall be only on the affirmative vote of eight or more members of the joint com-
mittee, at least four of whom shall be senators and at least four of whom shall be members
of the house of representatives. Action of the joint committee to report without recommen-
dation a resolution approving such a compact or agreement may be on the affirmative vote
of any five or more members of the joint committee. All other actions of the joint committee
may be taken by a majority of those present when there is a quorum.
(d) The joint committee may meet at any time and at any place within the state on the
call of the chairperson. The joint committee may appoint subcommittees as deemed appro-
priate. Members of the joint committee and subcommittees thereof, shall receive compen-
sation, travel, subsistence allowance and mileage as provided by K.S.A. 75-3212, and amend-
ments thereto, when attending meetings of the joint committee or subcommittee thereof.
(e) The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes
Annotated, and amendments thereto, applicable to special committees shall apply to the
joint committee to the extent that the same do not conflict with the specific provisions of
this act applicable to the joint committee.
(f) In accordance with K.S.A. 46-1204, and amendments thereto, the legislative coor-
dinating council may provide for such professional services as may be requested by the joint
committee on state-tribal relations.
(g) The joint committee:
(1) May establish and transmit to the governor proposed guidelines reflecting the public
policies and state interests, as embodied in the constitution, statutes and case law of the
state of Kansas, consistent with the Indian gaming regulatory act (25 U.S.C. 2701 et seq.),
that the joint committee will consider in reviewing proposed compacts;
(2) may recommend to the governor that any gaming compact or other agreement ne- gotiated under K.S.A. 46-2302, and amendments thereto, provide for the imposition and
collection of state sales and excise taxes on sales of nongaming goods and services to persons
other than tribal members and imposition and collection of state income tax on revenues
derived from sales of nongaming goods and services;
(3) may hold public hearings on proposed gaming compacts and other agreements ne- gotiated under K.S.A. 46-2302, and amendments thereto, and submitted to the joint com-
mittee by the governor;
(4) shall recommend modification of proposed gaming compacts and other agreements negotiated under K.S.A. 46-2302, and amendments thereto, and submitted by the governor
and introduce resolutions approving proposed gaming compacts and agreements submitted
by the governor and recommend that such resolutions be adopted or be not adopted, or
report such resolutions without recommendation, and notify the governor, in writing, of the
joint committee's action;
(5) shall meet, discuss and hold hearings on issues concerning state and tribal relations;
and
(6) may introduce such legislation as deemed necessary in performing its functions.
Sec. 6. K.S.A. 12-2903 and 12-2904 and K.S.A. 1999 Supp. 46-2301, 46-2302 and 46-
2303 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its publication in the
statute book.'';
In the title, by striking all in lines 9, 10 and 11 and inserting:
``AN ACT concerning certain agreements and compacts with Native American Indian tribes;
amending K.S.A. 12-2903 and 12-2904 and K.S.A. 1999 Supp. 46-2301, 46-2302 and
46-2303 and repealing the existing sections.''; and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends SB 642,
as amended by Senate Committee, be amended on page 1, in line 15 before ``Persons'' by
inserting ``(a)''; in line 18 by striking all following the period; by striking all in lines 19, 20
and 21; in line 22, before ``Each'' by inserting ``(b)''; following line 23, by inserting:
``(c) (1) Subject to the provisions of paragraph (2), no person shall be appointed to more
than two consecutive terms. A commissioner appointed to serve an unexpired term of more
than two years may be appointed only to one additional consecutive four-year term.
(2) The provisions of paragraph (1) shall become effective upon the effective date of a
law enacted in the state of Missouri which limits appointment of commissioners to no more
than two consecutive terms.
(3) The provisions of this subsection (c) shall apply to terms of members commencing
prior to and on and after the effective date of this act.''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SB 556, as amended by
Senate Committee of the Whole, be amended on page 1, in line 20, by striking all after
``The''; in line 21, by striking all before ``for'' and inserting ``agent''; and the bill be passed
as amended.
The Committee on Judiciary recommends SB 224 be amended on page 1, before line
14, by inserting the following:
``Section. 1. K.S.A. 22a-230 is hereby amended to read as follows: 22a-230. (a) The
coroner may hold an inquest upon the dead bodies of such persons whose deaths appear to
have been caused by unlawful means when the circumstances relating to such deaths are
unknown. The inquest shall be held in accordance with the provisions of this section. Except
as provided in subsection (b), upon being notified of any such death occurring within the
district, if an inquest is to be held, the coroner shall summon a jury of six residents of the
county in which the death occurred, at a time and place named, for the purpose of inquiring
into the cause of death. In any other case in which this act requires that the coroner be
notified, the coroner may also summon six citizens of the county to appear at a time and
place named.
(b) When the coroner has been notified of any death as provided in subsection (a), and
the cause of such death occurred in a county other than the county in which the death
occurred, the coroner of the county in which the cause of death occurred shall take the
responsibility of summoning a jury as provided in subsection (a) for the purpose of inquiring
into the death, if requested to do so by the coroner of the county in which the death
occurred.
(c) If any juror fails to appear, the coroner shall summon the proper number from
bystanders immediately, and proceed to impanel them and administer the following oath,
in substance: ``You do solemnly swear (or affirm) that you will diligently inquire and true
presentment make, when, how and by what means the person whose body lies here dead
came to death, according to your knowledge, and evidence given you. So help you God.''
(d) The coroner may issue subpoenas within the judicial district for witnesses, returnable
forthwith, or at such time and place as the coroner shall therein direct. Witnesses shall be
allowed the fees provided in K.S.A. 28-125 and amendments thereto. In cases of disobe-
dience of the coroner's subpoena, it shall be the duty of the judge of the district court, on
application of the coroner, to compel obedience to the coroner's subpoena by indirect pro-
ceedings for contempt as in cases of disobedience of a subpoena issued from the district
court.
(e) An oath shall be administered to the witness, in substance as follows: ``You do sol-
emnly swear (or affirm) that the testimony which you shall give to this inquest, concerning
the death of the person here lying dead, shall be the truth, the whole truth, and nothing
but the truth. So help you God.''
(f) The testimony shall be reduced to writing, under the coroner's order, and subscribed
by the witness.
(g) The jurors, having inspected the body, if available, heard the testimony, and made
all needful inquiries, shall return to the coroner their inquisition in writing, under their
hands, in substance as follows, and stating the matter in the following form suggested, as
far as found:
State of Kansas, ________ County.
An inquisition held at ________, in ________ county, on the ________ day
of ________ A.D., 19 year, before me, ________ coroner of such county, on the
body of ________ (or, a person unknown), there lying dead; by the jurors whose names
are hereunto subscribed. The jurors, upon their oaths, do say (here state when, how, by
what person, means, weapon or accident the person died, and whether feloniously). In
testimony whereof, the jurors have hereunto subscribe, the day and year aforesaid. Which
shall be attested by the coroner.
(h) If the inquisition finds a crime has been committed on the deceased, and name the
person the jury believes has committed the crime, the inquest shall not be made public until
after the arrest directed in the next subsection.
(i) If the person charged is present, the coroner may order the person arrested by an
officer or any other person, and shall then make a warrant requiring the officer or other
person to take the arrested person before a judge of a court of competent jurisdiction.
(j) If the person charged is not present, the coroner may issue a warrant to the sheriff
of the county, directing the sheriff to arrest the person and take the arrested person before
a judge of a court of competent jurisdiction.
(k) The warrant of a coroner in the above case shall be of equal authority with that of
a judge of a court of competent jurisdiction. When the person charged is brought before
the court, the person charged shall be dealt with as a person held under a complaint in the
usual form.
(l) The warrant of the coroner shall recite substantially the transaction before the cor-
oner, and the verdict of the jury of inquest leading to the arrest. The warrant shall be a
sufficient foundation for the proceeding of the court instead of a complaint.
(m) The coroner shall then return to the clerk of the district court the inquisition, the
written evidence and a list of the witnesses who testified to material matters.
(n) The district coroner shall receive such compensation, in addition to other compen-
sation provided by law for the coroner, for holding an inquest as specified by the county
commissioners of a single-county judicial district or the county commissioners of the county
with the largest population in multiple-county judicial districts.'';
Renumber remaining sections accordingly;
Also on page 1, in line 28, after the period, by inserting the following: ``The coroner in
the county of the cause of death shall decide if an investigation shall take place. If an
investigation is authorized by the coroner of the county of cause of death, the coroner in
the county of death shall undertake such investigation, with costs to be accounted to and
reimbursed by the county of the cause of death. Investigation may include, but is not limited
to, obtaining medical and law enforcement background information, examination of the
scene of the cause of death, inquest, autopsy, and other duties required of the coroner. If
the coroner of the county of the cause of death requests an investigation, the coroner of the
county of death shall be responsible for the investigation and the certification of death.'';
On page 2, before line 2, by inserting the following:
``(c) If a death investigation involves multiple jurisdictions, the coroner notified under
K.S.A. 22a-231, and amendments thereto, may transfer jurisdiction to another jurisdiction
if the coroners of both jurisdictions agree to the transfer.'';
Also on page 2, in line 2, after ``K.S.A.'', by inserting ``22a-230,''
On page 1, in the title, in line 10, after ``K.S.A.'', by inserting ``22a-230,''; and the bill be
passed as amended.
The Committee on Utilities recommends SB 455, as amended by Senate Committee,
be amended on page 1, in line 38, by striking ``1% of'' and inserting ``1.5% of the'';
On page 2, in line 7, after the period, by inserting: ``In any action to revoke or suspend
the certificate of convenience and necessity of a telecommunications carrier or telecom-
munications public utility, there shall be a presumption that the carrier or utility is unfit to
hold a certificate of convenience and necessity if such carrier or utility fails to pay any KUSF
assessment for 60 or more days after notice of delinquency in paying such assessment.
(e) Any telecommunications carrier, telecommunications public utility or wireless tel-
ecommunications service provider which is required to contribute to the KUSF pursuant
to K.S.A. 1999 Supp. 66-2008, and amendments thereto, and which fails to submit a KUSF
calculation worksheet for a reporting period shall be liable for an administrative penalty
imposed by the commission in a sum not to exceed $1,000 for failure to submit such work-
sheet. Each reporting period for which such carrier, utility or provider fails to submit such
worksheet shall constitute a separate offense.
The penalty provided by this subsection shall be in addition to any other authority the
commission has to enforce compliance.'';
Also on page 2, in line 8, by striking ``(e)'' and inserting ``(f)''; following line 15, by inserting:
``(g) In amending subsection (d), it is the intent of the legislature to clarify existing
authority of the commission to assess a late payment fee. Nothing in subsection (d) shall be
construed as granting new or additional authority to the commission.
New Sec. 2. If a provider of intraLATA long distance telecommunications service in
this state offers to any customer in this state the option of making unlimited long distance
calls within the customer's LATA, as defined in K.S.A. 1999 Supp. 66-1,187, and amend-
ments thereto, for a flat rate, the state corporation commission shall not disapprove such
rate as long as such service is available to any customer located within the LATA under the
same terms and conditions as such service is made available to customers of the offering
provider.
Sec. 3. K.S.A. 1999 Supp. 12-5302 is hereby amended to read as follows: 12-5302. (a)
In addition to other powers for the protection of the public health and welfare, a governing
body may provide for the operation of an emergency telephone service and may pay for it
by imposing an emergency telephone tax for such service in those portions of the governing
body's jurisdiction for which emergency telephone service has been contracted. The gov-
erning body may do such other acts as are expedient for the protection and preservation of
the public health and welfare and are necessary for the operation of the emergency tele-
phone system. The governing body is hereby authorized by ordinance in the case of cities
and by resolution in the case of counties to impose such tax in those portions of the governing
body's jurisdiction for which emergency telephone service has been contracted. The amount
of such tax shall not exceedbe as follows:
(1) For wire service, not more than $.75 per month per exchange access line or its
equivalent; and
(2) for wireless service, an amount per wireless calling device equal to: (A) The tax per exchange access line or equivalent for wire service if the emergency telephone service has the capacity to locate where a wireless communication originates; or (B) 1/2 the tax per exchange access line or equivalent for wire service if the emergency telephone service does not have the capacity to locate where a wireless communication originates.
(b) Within 60 days of the publication of a resolution by a county adopted pursuant to
subsection (a) there may be filed with the county election officer of the county a petition
signed by not less than 5% of the registered voters of the county, and within 60 days of
publication of an ordinance adopted pursuant to subsection (a) there may be filed with the
county election officer of the county in which the city is located a petition signed by not
less than 5% of the registered voters of the city, in either such case requesting that the
question of the installation and operation of emergency telephone service and imposition
of tax therefor be submitted to the qualified voters of the county. Upon determination of
the sufficiency of such petition and certification thereof by the county election officer, the
proposition shall be submitted to the qualified voters of the county or city as the case may
be at the next primary or general election of county officers following by not less than 60
days the certification of such petition. If a majority of the votes cast at such election are for
the installation and operation of emergency telephone service and imposition of tax therefor,
or if no protest petition is filed within the time hereinbefore prescribed, the governing body
may provide for the installation and operation of such service and impose such tax. If a tax
is imposed on the effective date of this act or thereafter, any proposed increase in the amount
of the tax shall be subject to the protest petition provided in this subsection. The proceeds
of the tax shall be utilized to pay for the operation of emergency telephone service as set
forth in subsection (b) of K.S.A. 12-5304, and amendments thereto, and may be imposed
at any time subsequent to execution of a contract with the provider of such service at the
discretion of the governing body. The collection of such tax may begin at the time deter-
mined to be necessary to generate revenue in an amount necessary to pay the nonrecurring
expenses of establishing the emergency telephone service, including nonrecurring expenses of establishing capability to locate where a wireless communication originates. Any interest
earned on revenue derived from such tax shall be used to pay the expenses authorized by
K.S.A. 12-5304, and amendments thereto. Such tax shall not be imposed until after the
expiration of the protest period or until after approved at an election if a sufficient protest
petition is filed.
(c) As an alternative to the procedure provided in subsection (b), the governing body
may submit, on its own initiative, the proposal to establish an emergency telephone service
to the qualified voters of the city or county for approval. Any such election shall be called
and held in the manner provided by the general bond law.
(d) Such tax shall be imposed only upon exchange access lines or their equivalent. No
such tax shall be imposed upon more than 100 exchange access facilities or their equivalent
per person per location.
(e) Every billed service user shall be liable for any tax imposed under this act until it
has been paid to the service supplier. Wireless service users shall be exempt from the emergency telephone tax.
(f) The duty to collect any tax imposed under authority of this act from a service user
shall commence at such time as specified by the governing body. Taxes imposed under
authority of this act and required by it to be collected by the service supplier shall be added
to and may be stated separately in the billings to the service user.
(g) The service supplier shall have no obligation to take any legal action to enforce the
collection of any tax imposed under authority of this act. The service supplier shall provide
annually the governing body with a list of amounts uncollected along with the names and
addresses of those service users which carry a balance that can be determined by the service
supplier to be nonpayment of any tax imposed under authority of this act.
(h) Any tax imposed under authority of this act shall be collected insofar as practicable
at the same time as, and along with, the charges for the tariff rate in accordance with the
regular billing practice of the service supplier.
Sec. 4. K.S.A. 1999 Supp. 50-6,103 is hereby amended to read as follows: 50-6,103. (a)
As used in this section:
(1) ``Existing local exchange carrier or telecommunications carrier'' does not mean an affiliate or subsidiary of the local exchange carrier or telecommunications carrier.
(1)(2) ``Express authorization'' means an express, affirmative act by a consumer clearly
agreeing to thea change in the consumer's telecommunications carrier or local exchange
carrier to another carrier or the addition of any supplemental telecommunications services to the consumer's account.
(3) ``Supplemental telecommunication services'' means any property or services for which any charge or assessment appears on a billing statement directed to a consumer by a local exchange carrier or telecommunications carrier, including but not limited to personal 800 number services, calling card plans, internet advertisement and website services, voice mail services, paging services, psychic services, psychic memberships, dating services or memberships, travel club memberships, internet access services and service maintenance plans. ``Supplemental telecommunication services'' does not include direct dial services to which a per use charge applies.
(2)(4) ``Telecommunications services'' has the meaning provided by K.S.A. 66-1,187
and amendments thereto.
(b) No local exchange carrier or telecommunications carrier shall submit or cause to be submitted to a local exchange carrier an order to change a consumer's telecommunications
carrier or local exchange carrier to another carrier without having obtained the express
authorization of the consumer authorized to make the change. The local exchange carrier
or telecommunications carrier requesting the change shall have the burden of proving the
express authorization by a preponderance of the evidence. It shall not be a violation of this subsection for a local exchange carrier to assign a consumer to a telecommunications carrier for purposes of intraLATA services pursuant to order of the state corporation commission.
(c) No supplier, other than the consumer's existing local exchange carrier or telecom- munications carrier, shall:
(1) Add or cause to be added any supplemental telecommunications services to a con- sumer's account without having obtained the express authorization of the consumer author- ized to make the addition and the supplier requesting the addition shall have the burden of proving the express authorization by a preponderance of the evidence; or
(2) directly or indirectly, bill, collect, attempt to bill or collect or cause to be billed or collected, charges arising from a change in a consumer's local exchange carrier or telecom- munications carrier to another carrier or charges arising from the addition of any supple- mental telecommunications services to a consumer's account when such supplier knew or had reason to know that the consumer's express authorization for such change or addition was not obtained.
(c)(d) No local exchange carrier, telecommunications carrier or third party utilized to verify an order to change a consumer's telecommunications carrier or local exchange carrier to another carriersupplier shall:
(1) Engage in any activity, conduct or representation that has the capacity to mislead, deceive or confuse the consumer, while soliciting or verifying a change in a consumer's
telecommunications carrier or local exchange carrier to another carrier that has the capacity to mislead, deceive or confuse the consumeror while soliciting or verifying the addition of any supplemental telecommunications services to a consumer's account;
(2) employ a box or container used to collect entries for sweepstakes, contests or draw-
ings to gather letters of agency or other documents that constitute authorizations by con-
sumers to change the consumers' telecommunications carrier or local exchange carrier to
another carrier or to change or add to the consumers' otheraccounts any supplemental
telecommunications services; or
(3) use any methods not approved by statute, regulations of the federal communications
commission statutes, rules and regulationsor federal trade commission (as in effect on the
effective date of this act) or state corporation commission rules and regulations to change
a consumer's telecommunications carrier or local exchange carrier to another carrier or to add supplemental telecommunications services to a consumer's account.
(d)(e) Any local exchange carrier or telecommunications carriersupplier that violates
subsection (b) or (c), (c) or (d) shall be subject to a civil penalty of not less than $5,000 nor
more than $20,000 for each such violation instead of the penalty provided for in subsection
(a) of K.S.A. 50-636, and amendments thereto.
(e)(f) Any violation of this section is a deceptive and unconscionable act or practice
under the provisions of the Kansas consumer protection act and shall be subject to any and
all of the enforcement provisions of the Kansas consumer protection act. Nothing in this
section shall preclude the state corporation commission from exerting its authority as it
pertains to intrastate services nor the attorney general from pursuing violations of any other
provisions of the Kansas consumer protection act by a local exchange carrier or telecom- munications carriersupplier.
(f)(g) All local exchange carriers shall offer consumers the option of notifying the local
exchange carrier in writing that they do not desire any change of telecommunications carrier
regardless of any orders to the contrary submitted by any third party. The consumer shall
be permitted to cancel such notification or to change its telecommunications carrier by
notifying the consumer's local exchange carrier accordingly. All local exchange carriers shall
annually notify the consumers of the carrier's telecommunications services of the availability
of this option.
(h) Any person alleging a violation of this section may bring a private action to seek relief pursuant to K.S.A. 50-634, 50-636 and this section, and amendments thereto and such person may be defined as a consumer pursuant to K.S.A. 50-624, and amendments thereto for the purposes of such private action.
(g)(i) This section shall be part of and supplemental to the Kansas consumer protection
act.'';
Also on page 2, by renumbering the remaining sections accordingly; in line 16, by striking
``66-2010 is'' and inserting ``12-5302, 50-6,103 and 66-2010 are''; in line 18, by striking
``statute book'' and inserting ``Kansas register'';
In the title, in line 10, by striking all after ``to''; in line 11, by striking all before the
semicolon and inserting ``telecommunications; Kansas universal service fund and certain
fees and penalties related thereto; certain rates for long distance service; financing of certain
emergency services; telemarketing''; also in line 11, after ``Supp.'' by inserting ``12-5302, 50-
6,103 and''; in line 12, by striking ``section'' and inserting ``sections''; and the bill be passed
as amended.
The Kansas 2000 Select Committee recommends HB 3006 be amended on page 1,
in line 25, following ``state'', by inserting ``, which contract is reasonably expected by the
state agency to result in legal fees of $7,500 or more,''; in line 28, preceding ``shall'', by
inserting ``shall publish in the Kansas register notice of competitive bidding for such contract
for legal services at least two weeks prior to the deadline to receive such competitive bids,'';
in line 43, by striking ``, with the approval'';
On page 2, by striking all in lines 1 and 2; in line 3, by striking all before ``shall''; in line
4, by striking all preceding the period and inserting ``chairperson and vice chairperson of
the legislative budget committee''; in line 5, preceding ``committee'', by inserting ``legislative
budget''; in line 13, preceding ``committee'', by inserting ``legislative budget''; in line 16, by
striking all after ``clerk''; in line 17, by striking all before ``and''; in line 18, by striking
``appropriate sen-''; in line 19, by striking ``ate'' and inserting ``chairperson and vice chair-
person of the legislative budget''; in line 20, by striking ``appropriate committees'' and in-
serting ``chief clerk of the house of representatives and the secretary of the senate''; by
striking all in lines 30 through 36;
On page 3, preceding line 5, by inserting a new subsection as follows:
``(g) In any action in which the state of Kansas or any state agency is a defendant and a
contract for legal services is to be entered into in accordance with this section, the district
court may continue the action at any stage of the proceedings to provide an extension of
time in order to provide the time required for the state or the state agency to comply with
the provisions of this section.'';
In the title, on page 1, in line 9, by striking ``attorneys''; in line 10, by striking all preceding
the semicolon, and inserting ``contracts for legal services by state agencies''; 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 3044, An act concerning retirement; relating to employees of the state board of
regents; tax sheltered annuities; amending K.S.A. 1999 Supp. 74-4925 and 74-4925e and
repealing the existing sections, by Committee on Appropriations.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6016--
By Committee on Utilities
A RESOLUTION requesting the State Corporation Commission to identify areas of the
state where advanced telecommunications services have not been deployed and where
there are not plans for deployment of such services by January 1, 2002, and to assemble
a task force to study deployment of such services in such areas.
Be it resolved by the House of Representatives of the State of Kansas: That the State
Corporation Commission be requested to identify those areas of the state where telecom-
munications services providing end user service with a minimum speed of 128 kilobits per
second (``advanced telecommunications services'') have not been deployed and where there
are not plans for deployment of such services before January 1, 2002; and
Be it further resolved: That the Commission be requested to identify those areas by
requesting information regarding advanced telecommunications services deployment from
all providers of such services regardless of the technology used by such providers and re-
gardless of whether they are subject to the jurisdiction of the Commission; and
Be it further resolved: That the Commission be requested to assemble an Advanced
Telecommunications Services Task Force to study and make recommendations regarding
the deployment of advanced telecommunications services in the areas so identified and to
include as members Commission staff, who shall serve as chairperson; one representative
each of Southwestern Bell Telephone of Kansas, ASI and Sprint; two representatives of rural
local exchange carriers; two representatives of competitive local exchange carriers; one rep-
resentative of wireless carriers; one representative of interexchange carriers; and one rep-
resentative of cable service providers; and
Be it further resolved: That the Task Force be requested to study and identify the
locations and types of advanced telecommunications services that have been deployed or
will be deployed in the state before January 1, 2002; study and assess areas where advanced
telecommunications services will not be deployed before January 1, 2002; identify scheduled
deployment of such services in such areas; study and recommend mechanisms to provide
incentives to deploy such services in such areas; study and recommend procedures and
alternatives for obtaining advanced telecommunications services if the certificated provider
fails to provide such services, including allowing noncertificated providers to provide such
services; and study and make recommendations on other matters related to advanced tel-
ecommunications services; and
Be it further resolved: That the Task Force be requested to submit to the House Stand-
ing Committee on Utilities and the Senate Committee on Commerce, on or before the first
day of the 2001 regular legislative session, a report of the study and recommendations of
the Task Force.
REPORT ON ENROLLED BILLS HB 2672, 2673, 2691 reported correctly enrolled, properly signed and presented to the
governor on March 20, 2000.
REPORT ON ENROLLED RESOLUTIONS HCR 5050 reported correctly enrolled and properly signed on March 20, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, March 21,
2000.