March 29, 2000

Journal of the House

FIFTY-SIXTH DAY ______

Hall of the House of Represenatitives

Topeka, KS, Wednesday, March 29, 2000, 9:00 a.m.

The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

The roll was called with 125 members present.

Prayer by guest chaplain, Lt Col Ron Cobb, Command Chaplain, 35th Infantry Division
(Mechanized), Kansas Army National Guard, Topeka, and guest of Chaplain Svoboda:

In this chamber as we look at the breadth of the problems that confront
us, we pray for Your guidance.

As we see the complexities of many situations, we pray for Your wisdom.

As we realize the limited nature of our resources, we pray for Your
abundance.

Forgive us for taking the yearly rains, the wheat, the corn, the milo, the
soybeans, the crops, and our livestock for granted.

Forgive us for thinking that we tamed the rolling hills of Eastern Kansas
and the broad prairies of Western Kansas by our own strength.

Make each of us in this chamber aware of our temporary sojourn on earth,
so that as humble men and women we can do Your work in Your way.

In Your Name which is above every name, Amen.

The Pledge of Allegiance was led by Rep. Larkin.

INTRODUCTION OF GUESTS
On the day proclaimed as Armed Forces Appreciation Day by Governor Graves, Rep.
Johnson introduced Major General Greg Gardner, Adjutant General of Kansas; Major Tim
Marler, HQ Kansas Army National Guard, Topeka; Major Terri Kett, 931st Air Refueling
Group, McConnell AFB; Staff Sergeant Jason Whited, 931st Air Refueling Group, Mc-
Connell AFB; Dean Campbell, Governor's Military Affairs Coordinating Council; and Mas-
ter Sergeant Larry A. Thompson, Area I NCOIC, Kansas Army National Guard. They were
welcomed by the members of the House.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:

Federal and State Affairs: HB 3048.

MESSAGE FROM THE GOVERNOR
March 28, 2000
Message to the House of Representatives of the State of Kansas:
Enclosed herewith is Executive Order No. 00-05 for your information.

EXECUTIVE ORDER No. 00-05
Establishing the Lewis and Clark Bicentennial Commission
Bill Graves
Governor

The above Executive Order is on file and open for inspection in the office of the Chief
Clerk.

MESSAGES FROM THE SENATE
The Senate nonconcurs in House amendments to SB 79, requests a conference and has
appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to H. Sub. for SB 138, requests a
conference and has appointed Senators Kerr, Salisbury and Petty as conferees on the part
of the Senate.

The Senate nonconcurs in House amendments to SB 224, requests a conference and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 366, requests a conference and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 388, requests a conference and has
appointed Senators Huelskamp, Vratil and Biggs as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 429, requests a conference and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 431, requests a conference and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 463, requests a conference and has
appointed Senators Hardenburger, Becker and Gooch as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 465, requests a conference and has
appointed Senators Hardenburger, Becker and Gooch as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 513, requests a conference and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 541, requests a conference and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 555, requests a conference and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on S. Sub. for Sub.
HB 2007 and has appointed Senators Oleen, Vratil and Jones as conferees on the part of
the Senate.

The Senate accedes to the request of the House for a conference on HB 2670 and has
appointed Senators Oleen, Harrington and Jones as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on S. Sub. for HB
2945 and has appointed Senators Salisbury, Ranson and Barone as conferees on the part
of the Senate.

Also, announcing passage of SB 619.

Announcing passage of HB 2103, 2767.

Announcing passage of Sub. HB 2144, as amended; HB 2224, as amended by S. Sub.
for HB 2224; HB 2357, as amended by S. Sub. for HB 2357; HB 2727, as amended.

The Senate concurs in House amendments to SB 224 and requests return of the bill.

The Senate concurs in House amendments to SB 475.

The Senate concurs in House amendments to SB 517.

The Senate concurs in House amendments to SB 536.

The Senate concurs in House amendments to SB 642.

The Senate nonconcurs in House amendments to SB 462, requests a conference and has
appointed Senators Hardenburger, Becker and Gooch as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2328 and has
appointed Senators Hardenburger, Becker and Gooch as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on S. Sub. for HB
2561 and has appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part
of the Senate.

The Senate accedes to the request of the House for a conference on S. Sub. for HB
2627 and has appointed Senators Hardenburger, Praeger and Hensley as conferees on the
part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2700 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2755 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on S. Sub. for HB
2782 and has appointed Senators Ranson, Clark and Barone as conferees on the part of the
Senate.

The Senate accedes to the request of the House for a conference on HB 2860 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2861 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2883 and has
appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2884 and has
appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2905 and has
appointed Senators Emert, Vratil and Goodwin as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2985 and has
appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bill was thereupon introduced and read by title:

SB 619.

INTRODUCTION OF ORIGINAL MOTIONS
In accordance with subsection (b) of House Rule 1503, Rep. McKinney moved that the
order on General Orders of SB 600 be changed to the first measure to be considered on
General Orders.

(The Chief Clerk of the House of Representatives is requested to read this motion and
cause it to be printed in the Calendar of March 30, 2000, under the order of business
``Consideration of Motions and House Resolutions Offered on a Previous Day'' as provided
by House Rule 1503 (b).)

INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 79.

Speaker pro tem Mays thereupon appointed Reps. Tomlinson, Myers and Phelps as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 138.

Speaker pro tem Mays thereupon appointed Reps. Wilk, Horst and Sharp as conferees
on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 366.

Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 388.

Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and Flora as conferees
on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 429.

Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 463.

Speaker pro tem Mays thereupon appointed Reps. Benlon, Powers and Welshimer as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 465.

Speaker pro tem Mays thereupon appointed Reps. Benlon, Powers and Welshimer as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 513.

Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Storm as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 541.

Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 555.

Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 431.

Speaker pro tem Mays thereupon appointed Reps. Holmes, O'Neal and Pauls as conferees
on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 462.

Speaker pro tem Mays thereupon appointed Reps. Benlon, Powers and Findley as
conferees on the part of the House.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2721, An act relating to oil and gas severance taxation; concerning the exemption
for incremental production resulting from production enhancement projects; amending
K.S.A. 1999 Supp. 79-4217 and repealing the existing section, was considered on final action.

On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: Ballou.

Present but not voting: None.

Absent or not voting: None.

The bill passed, as amended.

HB 3042, An act relating to the medicaid state plan; establishing an intergovernmental
transfer program; concerning nursing facilities owned and operated by units of government;
relating to the federal medical assistance (medicaid) program; establishing an
intergovernmental transfer fund, an intergovernmental transfer administration fund, a long-
term care loan grant fund, a senior services trust fund, a senior services fund, an HCBS
programs fund, a medicaid services matching fund and a special education services aid fund
within the state treasury; authorizing certain participation agreements, loans, grants and
contracts; amending K.S.A. 75-5321a and repealing the existing section, was considered on
final action.

On roll call, the vote was: Yeas 119; Nays 6; Present but not voting: 0; Absent or not
voting: 0.

Yeas: Aday, Adkins, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell, Boston,
Burroughs, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Empson, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer,
Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry,
Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jennison,
Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Merrick, Minor, Jim Morrison, Judy Morrison, Myers,
Neufeld, Nichols, O'Brien, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.

Nays: Alldritt, Ballou, Campbell, Edmonds, Mollenkamp, O'Connor.

Present but not voting: None.

Absent or not voting: None.

The bill passed, as amended.

SB 481, An act relating to the governmental ethics commission; concerning budget
estimates; fixing certain fees; amending K.S.A. 75-3717 and K.S.A. 1999 Supp. 25-4119f,
25- 4145 and 46-265 and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 88; Nays 37; Present but not voting: 0; Absent or not
voting: 0.

Yeas: Aday, Adkins, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston, Burroughs,
Campbell, Compton, Cox, Crow, Dreher, Empson, Farmer, Feuerborn, Findley, Flaharty,
Flora, Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Hayzlett,
Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Jenkins, Jennison,
Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, Light, Lightner,
Lloyd, M. Long, Loyd, Mays, McClure, McKechnie, McKinney, Minor, Myers, Nichols,
O'Brien, O'Neal, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Sloan, Stone, Storm, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: Alldritt, Aurand, Ballou, Carmody, Dahl, Dean, Edmonds, Faber, Flower, Gregory,
Haley, Hermes, Howell, Hutchins, Phill Kline, Landwehr, P. Long, Mason, Mayans,
McCreary, Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Neufeld, O'Connor,
Osborne, Palmer, Powell, Powers, Shultz, Spangler, Swenson, Toplikar, Vickrey, Vining,
Wagle.

Present but not voting: None.

Absent or not voting: None.

The bill passed, as amended.

EXPLANATION OF VOTE Mr. Speaker: SB 481 is the incumbent's reelection bill. SB 481 gives an unfair advantage
to incumbents who have large campaign treasure chests filled with past year's donations.

We should make it easier for new candidates to file for election in Kansas. I do not want
to make it more difficult for new candidates to challenge incumbents.

SB 481 will keep some new candidates from filing for an election. I vote no on the
incumbents' reelection bill, I vote no on SB 481.--Dave Gregory, Phill Kline, Andrew
Howell, Peggy Palmer, Carlos Mayans, Kay O'Connor

SB 549, An act concerning cities; relating to depositories for public moneys; amending
K.S.A. 1999 Supp. 9-1406 and repealing the existing section, was considered on final action.

On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols,
O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: None.

The bill passed.

MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Hayzlett, the House concurred in Senate amendments to HB 2582,
An act relating to school buses; concerning head lamps; amending K.S.A. 8-1725 and K.S.A.
1999 Supp. 8-1730 and repealing the existing sections.

On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley,
Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Merrick, Minor, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Nichols, O'Brien,
O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wilk.

Nays: Neufeld.

Present but not voting: None.

Absent or not voting: None.

On motion of Rep. Lane, the House concurred in Senate amendments to HB 2938, An
act relating to the practice of accountancy; concerning the regulation thereof; amending
K.S.A. 1-201, 1-204 and 1-302a and K.S.A. 1999 Supp. 1-202, 1-301, 1-302, 1-302b, 1-307,
1-308, 1-310, 1-311, 1-316 and 1-319 and repealing the existing sections; also repealing
K.S.A. 1-317.

On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 2; Absent or not
voting: 0.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason,
Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor, Mollenkamp,
Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: Edmonds, Jenkins.

Absent or not voting: None.

CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 501, submits the following report:

The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee amendments,
as follows:

On page 1, in line 31, after ``Kansas'' by inserting ``agricultural'';

On page 2, in line 3, by striking ``accepted by'' and inserting ``acceptable to''; in line 15,
after ``Kansas'' by inserting ``agricultural'';

On page 6, by striking all in lines 12 through 15;

On page 10, in line 1, by striking ``: (1)''; in line 3, by striking all after ``years''; by striking
all in line 4; in line 5, by striking all before the period;

On page 11, in line 16, by striking all after the comma; by striking all in line 17; in line
18, by striking ``thereto,''; in line 19, after ``section'' by inserting ``and which shall be
recalculated on the first business day of each calendar year using the market rate then in
effect''; by striking all in lines 20 through 43;

By striking all on pages 12 and 13;

On page 14, by striking all in lines 1 through 25; by renumbering the remaining sections
accordingly;

In the title, in line 14, by striking all after ``ACT''; in line 15, by striking all before
``enacting''; in line 19, after ``Kansas'' by inserting ``agricultural'';

\ And your committee on conference recommends the adoption of this report.

Dan Johnson

Sharon Schwartz

Galen Weiland
Conferees on the part of House

David R. Corbin

Stephen R. Morris

Donald E. Biggs
Conferees on part of Senate

On motion of Rep. Johnson, the conference committee report on SB 501 was adopted.

On roll call, the vote was: Yeas 123; Nays 2; Present but not voting: 0; Absent or not
voting: 0.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Merrick, Minor,
Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: Carmody, Palmer.

Present but not voting: None.

Absent or not voting: None.

CHANGE OF CONFEREES
Speaker pro tem Mays announced the appointment of Rep. Pauls as a member of the
conference committee on S. Sub. for HB 2561 to replace Rep. Larkin.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Powell in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Powell, Committee of the Whole report, as follows, was adopted:

Recommended that pursuant to House Rule 2303, Rep. Carmody moved that the House
reconsider its action in the adoption of the Committee of the Whole Report in not passing
favorably HB 3021 (see HJ, page 1798, under Committee of the Whole). The motion
prevailed.

The question then reverted back and HB 3021 be passed.

SB 657, 588; HB 3025; SB 24 be passed.

SCR 1606 be adopted.

SB 432 (see Committee of the Whole, afternoon session); H. Sub. for SB 504 be passed
over and retain a place on the calendar.

On motion of Rep. Sloan SB 380 be amended on page 5, after line 37, by inserting the
following:

``Sec. 6. K.S.A. 76-719c is hereby amended to read as follows: 76-719c. (a) Within the
limitations of appropriations therefor, the state board of regents may authorize any state
educational institution to award grants to graduate students in the form of fellowships or
scholarships. With the approval of the board of regents, a state educational institution shall
impose upon such awards such standards, conditions and requirements as shall be designed
to foster the growth, distinction and stability of the state educational institution and the
quality of its postgraduate and doctoral programs and pursuits.

(b) Subject to the provisions of appropriation acts and in accordance with policies
adopted by the state board of regents, on and after August 1, 2001, the chancellor or
president of each state educational institution, in the discretion of the chancellor or president,
may grant a tuition and fee waiver to one or more graduate students of the state educational
institution who is awarded a national fellowship and who is not determined to be a Kansas
resident under K.S.A. 76-719 and amendments thereto, and any policies adopted thereunder.
Each such tuition and fee waiver shall be in addition to any other financial assistance, grants
or tuition or fee waivers and shall be in an amount equal to the difference between the
aggregate amount of resident tuition and fees and nonresident tuition and fees for the course
of study such graduate student has enrolled in at the state educational institution.'';

And by renumbering sections accordingly;

Also on page 5, in line 38, by striking ``and 74-3289'' and inserting ``, 74-3289 and 76-
719c'';

In the title, in line 10, by striking ``the Kansas ethnic minority scholarship program'' and
inserting: ``postsecondary educational institutions; relating to certain tuition, fees and
financial assistance; authorizing certain tuition and fee waivers for certain national fellowship
recipients''; in line 11, by striking the semicolon and inserting ``and''; in line 12, before
``program'' by inserting: ``Kansas ethnic minority scholarship''; in line 13, by striking ``and
74-3289'' and inserting ``, 74-3289 and 76-719c;

Also, roll call was demanded on motion of Rep. Findley to amend SB 380 on page 1,
after line 16, by inserting the following:

``New Section 1. In preparing budget recommendations for the governor's budget
report for a fiscal year to be submitted to the legislature under K.S.A. 75-3721 and
amendments thereto, if the state board of regents has approved increases in the rate or rates
of tuition for state educational institutions for such fiscal year, then the governor shall include
in such budget recommendations for such fiscal year increased amounts of recommended
expenditures for all need-based student financial aid programs administered by the state
board of regents or any state educational institution thereunder, from any moneys available
therefor, which constitute a percentage increase in aggregate expenditures for all such need-
based student financial aid programs over the approved budget of expenditures for such
programs for the preceding fiscal year that is equal to or greater than the average of the
percentage increases in rates of tuition for state educational institutions approved by the
state board of regents.'';

And by renumbering sections accordingly;

In the title, in line 10, by striking ``the Kansas ethnic minority scholarship program'' and
inserting: ``postsecondary educational institutions; relating to certain tuition, fees and
financial assistance; prescribing certain increases in need-based student assistance
programs''; in line 11, by striking the semicolon and inserting ``and''; in line 12, before
``program'' by inserting: ``Kansas ethnic minority scholarship;

On roll call, the vote was: Yeas 60; Nays 63; Present but not voting: 0; Absent or not
voting: 2.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Crow, Dahl, Dean, Edmonds, Feuerborn,
Findley, Flaharty, Flora, Garner, Gatewood, Gilbert, Glasscock, Grant, Haley, Helgerson,
Henderson, Henry, Horst, Howell, Johnston, Kirk, Klein, Phill Kline, Kuether, Larkin, M.
Long, McClure, McKechnie, McKinney, Minor, Nichols, O'Brien, Pauls, E. Peterson, J.
Peterson, Phelps, Powell, Powers, Reardon, Rehorn, Ruff, Sharp, Showalter, Shriver,
Spangler, Stone, Storm, Swenson, Tedder, Thimesch, Toelkes, Toplikar, Wagle, Weiland,
Wells, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Carmody,
Compton, Cox, Dreher, Empson, Faber, Farmer, Flower, Freeborn, Geringer, Gregory,
Hayzlett, Hermes, Holmes, Huff, Humerickhouse, Hutchins, Jenkins, Johnson, Phil Kline,
Krehbiel, Landwehr, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mason, Mayans, Mays,
McCreary, Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor,
O'Neal, Osborne, Palmer, Pottorff, Ray, Reinhardt, Schwartz, Shultz, Sloan, Tanner,
Tomlinson, Vickrey, Vining, Weber, Wilk.

Present but not voting: None.

Absent or not voting: Bethell, Jennison.

The motion of Rep. Findley did not prevail, and SB 380 be passed as amended.

Committee report to HB 2857 be adopted; and the bill be passed as amended.

Committee report to HB 2534 be adopted; also, on motion of Rep. Campbell be amended
on page 20, in line 41, after ``owns'' by inserting ``computer''; in line 42, following ``distribute''
by inserting ``, directly or through a distributor,'';

On page 21, in line 1, by striking all after ``entity'' and inserting ``or to any private or not-
for-profit entity engaged in the delivery of services through a contract with a public entity;

Also, on further motion of Rep. Campbell to amend HB 2534, Rep. Landwehr requested
a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment
germane. Rep. Landwehr challenged the ruling, the question being ``Shall the Rules Chair
be sustained?'' The Rules Chair was sustained. The question then reverted back to the
motion of Rep. Campbell, and HB 2534 be amended on page 21, following line 23, by
inserting:

Sec. 2. K.S.A. 1999 Supp. 19-101d is hereby amended to read as follows: 19-101d. (a)
(1) The board of county commissioners of any county shall have the power to enforce all
resolutions passed pursuant to county home rule powers, as designated by K.S.A. ~~19-101c~~
19-101a, and amendments thereto. Such resolutions may be enforced by enjoining violations
thereof or by prescribing penalties for violations of such resolutions, either by fine, or by
confinement in the county jail, or by both such fine and confinement. Unless otherwise
provided by the resolution that defines and makes punishable the violation of such
resolution, the penalty imposed shall be in accordance with the penalties established by law
for conviction of a class C misdemeanor. In no event shall the penalty imposed for the
violation of a resolution exceed the penalties established by law for conviction of a class B
misdemeanor.

(2) Prosecution for any such violation shall be commenced in the district court in the
name of the county and, except as provided in subsection (b), shall be conducted in the
manner provided by law for the prosecution of misdemeanor violations of state laws. Writs
and process necessary for the prosecution of such violations shall be in the form prescribed
by the judge or judges of the courts vested with jurisdiction of such violations by this act,
and shall be substantially in the form of writs and process issued for the prosecution of
misdemeanor violations of state laws. Each county shall provide all necessary supplies, forms
and records at its own expense.

(b) (1) In addition to all other procedures authorized for the enforcement of county
codes and resolutions, ~~in any county with a population in excess of 150,000,~~ the prosecution
for violation of codes and resolutions adopted by the board of county commissioners may
be commenced in the district court in the name of the county and may be conducted, except
as otherwise provided in this section, in the manner provided for and in accordance with
the provisions of the code for the enforcement of county codes and resolutions.

(2) For the purposes of aiding in the enforcement of county codes and resolutions, the
board of county commissioners may employ or appoint code enforcement officers for the
county who shall have power to sign, issue and execute notices to appear and uniform
citations or uniform complaints and notices to appear, as provided in the appendix of forms
of the code contained in this act to enforce violations of county codes and resolutions, but
shall have no power to issue warrants or make arrests. All warrants shall be issued and
arrests made by law enforcement officers pursuant to and in the manner provided in chapter
21 of the Kansas Statutes Annotated.

(3) The board of county commissioners may employ or appoint attorneys for the purpose
of prosecuting actions for the enforcement of county codes and resolutions, and such
attorneys shall have the duties, powers and authorities provided by the board as necessary
to prosecute actions under the code.

(4) All costs for the enforcement and prosecution of violations of county codes and
resolutions, except for compensation and expenses of the district court judge, shall be paid
from the revenues of the county and, the board of county commissioners may establish a
special law enforcement fund for the purpose of paying for the costs of code enforcement
within the county. In addition, the board of county commissioners is hereby authorized to
levy a tax of not to exceed 1/2 mill upon all taxable tangible property within such county to
pay the costs of code enforcement.

(c) Notwithstanding the provisions of subsection (b), any action commenced in the
district court for the enforcement of county codes and resolutions, wherein a person may
be subject to detention or arrest or wherein an accused person, if found guilty, would or
might be deprived of such person's liberty, shall be conducted in the manner provided by
law for the prosecution of misdemeanor violations of state laws under the Kansas code of
criminal procedure and not under the code for the enforcement of county codes and
resolutions.

Sec. 3. K.S.A. 1999 Supp. 19-101d is hereby repealed.'';

By renumbering accordingly;

In the title, in line 18, before the period, by inserting ``; amending K.S.A. 1999 Supp. 19-
101d and repealing the existing section;

Also, on motion to recommend HB 2534 favorably for passage, the motion did not prevail.

Committee report to SB 116 be adopted; also, on motion of Rep. Wagle to amend, Rep.
McKechnie requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment not germane.

Also, on motion of Rep. Powell to amend SB 116, Rep. McKechnie requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane.

Also, on motion of Rep. Johnson to amend SB 116, Rep. Alldritt requested the question
be divided. The question was divided.

On Part A, the motion of Rep. Johnson did not prevail. Also, on Part B, the motion was
withdrawn.

Also, on motion of Rep. Wagle to amend SB 116, the Rules Chair, without request, ruled
the amendment germane. Rep. Wagle subsequently withdrew the amendment.

Also, on motion of Rep. Wagle to rerefer SB 116 to Committee on Taxation, the motion
did not prevail.

Also, on motion of Rep. Toplikar SB 116 be amended on page 33, in line 12, following
the period, by inserting ``Whenever any portion of the proceeds of a tax is dedicated to
sports or sports facilities, there also shall be dedicated from the proceeds of such tax an
amount to be used to provide grants to community homeless shelters in the district. The
amount dedicated for such grants shall not be less than 10% of the amount dedicated to
sports and sports facilities.

Also, on motion of Rep. Powers to amend SB 116, Rep. Wagle requested a ruling on the
amendment being germane to the bill. Rep. Powers withdrew his amendment.

Also, on motion of Rep. Carmody SB 116 be amended on page 31, in line 9 after the
period by inserting ``No preference for admittance to any cultural facility which receives
any financial aid from the proceeds of any tax imposed pursuant to the provisions of this
compact shall be based upon residence'';

Also, on motion of Rep. Dahl SB 116 be amended on page 39, before line 30, by adding
a new Sec. 2 as follows: ``To carry out the purpose and intent of this act to provide equal
access to funds within the metropolitan culture district to support activities, organizations
or facilities performed or located in either state, 50% of the net tax revenues derived from
Missouri river boat gaming activities shall be made available to the state of Kansas''; and by
renumbering the remaining sections accordingly;

Also, on motion to recommend SB 116 favorably for passage, the motion did not prevail.

REPORTS OF STANDING COMMITTEES
The Committee on Federal and State Affairs recommends HB 2970, 3030 be passed.

The Committee on Federal and State Affairs recommends SCR 1639, as amended by
Senate Committee, 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 concurrent resolution was thereupon introduced and read by title:

HOUSE CONCURRENT RESOLUTION No. 5079--

By Committee on Taxation

A PROPOSITION to amend section 1 of article 11 of the constitution of the state of
Kansas, relating to the taxation of certain property of public utility service providers.

Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the House of Representatives and two-thirds of the members
elected (or appointed) and qualified to the Senate concurring therein:

Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
1 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows:

``§ 1. System of taxation; classification; exemption (a) The provisions of this
subsection shall govern the assessment and taxation of property on and after January 1,
1993, and each year thereafter. Except as otherwise hereinafter specifically provided, the
legislature shall provide for a uniform and equal basis of valuation and rate of taxation of
all property subject to taxation. The legislature may provide for the classification and the
taxation uniformly as to class of recreational vehicles, as defined by the legislature, or may
exempt such class from property taxation and impose taxes upon another basis in lieu
thereof. The provisions of this subsection shall not be applicable to the taxation of motor
vehicles, except as otherwise hereinafter specifically provided, mineral products, money,
mortgages, notes and other evidence of debt and grain. Property shall be classified into the
following classes for the purpose of assessment and assessed at the percentage of value
prescribed therefor:

Class 1 shall consist of real property. Real property shall be further classified into seven
subclasses. Such property shall be defined by law for the purpose of subclassification and
assessed uniformly as to subclass at the following percentages of value:

(1)	Real property used for residential purposes including multi-familyresidential real property and real property necessary toaccommodate a residential community of mobile or manufacturedhomes including the real property upon which such homes arelocated	11½%
(2)	Land devoted to agricultural use which shall be valued upon thebasis of its agricultural income or agricultural productivitypursuant to section 12 of article 11 of the constitution	30%
(3)	Vacant lots	12%
(4)	Real property which is owned and operated by a not-for-profitorganization not subject to federal income taxation pursuant tosection 501 of the federal internal revenue code, and which isincluded in this subclass by law	12%
(5)	Public utility real property, except railroad real property whichshall be assessed at the average rate that all other commercial andindustrial property is assessed	33%
(6)	Real property used for commercial and industrial purposes andbuildings and other improvements located upon land devoted toagricultural use	25%
(7)	All other urban and rural real property not otherwise specificallysubclassified	30%

Class 2 shall consist of tangible personal property. Such tangible personal property shall
be further classified into six subclasses, shall be defined by law for the purpose of
subclassification and assessed uniformly as to subclass at the following percentages of value:

(1)	Mobile homes used for residential purposes	11½%
(2)	Mineral leasehold interests except oil leasehold interests theaverage daily production from which is five barrels or less, andnatural gas leasehold interests the average daily production fromwhich is 100 mcf or less, which shall be assessed at 25%	30%
(3)	Public utility tangible personal property including inventoriesthereof, except railroad personal property including inventoriesthereof, which shall be assessed at the average rate all othercommercial and industrial property is assessed	33%
(4)	All categories of motor vehicles not defined and specifically valuedand taxed pursuant to law enacted prior to January 1, 1985	30%
(5)	Commercial and industrial machinery and equipment which, if itseconomic life is seven years or more, shall be valued at its retailcost when new less seven-year straight-line depreciation, or which,if its economic life is less than seven years, shall be valued at itsretail cost when new less straight-line depreciation over itseconomic life, except that, the value so obtained for such property,notwithstanding its economic life and as long as such property isbeing used, shall not be less than 20% of the retail cost when newof such property	25%
(6)	All other tangible personal property not otherwise specificallyclassified	30%

(b) The legislature may provide by law for the definition of public utility services and
the classification or reclassification of property of any entity, or division thereof, providing
public utility services.

~~(b)~~ (c) All property used exclusively for state, county, municipal, literary, educational,
scientific, religious, benevolent and charitable purposes, farm machinery and equipment,
merchants' and manufacturers' inventories, other than public utility inventories included in
subclass (3) of class 2, livestock, and all household goods and personal effects not used for
the production of income, shall be exempted from property taxation.''

Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:

``Explanatory statement: This amendment would allow the legislature to provide
by law for the classification or reclassification of property of public utility service
providers for property tax assessment rate purposes.

``A vote for this proposition would grant the authority to the legislature to provide
for the classification or reclassification of property of public utility service
providers for property tax assessment rate purposes.

``A vote against this proposition would continue the existing property tax assessment
rate treatment for all public utility service providers.

Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election to be held on November 7, 2000, unless a special election is called
at a sooner date by concurrent resolution of the legislature, in which case it shall be
submitted to the electors of the state at the special election.

MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Freeborn, the House nonconcurred in Senate amendments to Sub.
HB 2144 and asked for a conference.

Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and Minor as conferees
on the part of the House.

On motion of Rep. Tanner, the House nonconcurred in Senate amendments to S. Sub.
for HB 2357 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. Freeborn, the House nonconcurred in Senate amendments to
HB 2727 and asked for a conference.

Speaker pro tem Mays thereupon appointed Reps. Freeborn, Ray and McClure as
conferees on the part of the House.

CHANGE OF CONFEREES
Speaker pro tem Mays announced the appointment of Rep. McKinney as a member of
the conference committee on SB 388 to replace Rep. Flora.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of SB 219 from Committee on
Business, Commerce and Labor and referral to Committee on Appropriations.

On motion of Rep. Glasscock, the House recessed until 2:00 p.m.

______ Afternoon Session The House met pursuant to recess with Speaker pro tem Mays in the chair.

MESSAGE FROM THE SENATE
Announcing passage of SB 589, 639.

Announcing passage of HB 3009.

Announcing passage of HB 2570, as amended; HB 3005, as amended.

Announcing adoption of HCR 5070, as amended.

The Senate adopts conference committee report on SB 501.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:

SB 589, 639.

CHANGE OF CONFEREES
Speaker pro tem Mays announced the appointment of Rep. Kirk as a member of the
conference committee on H. Sub. for SB 138 to replace Rep. Sharp.

MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Carmody, the House nonconcurred in Senate amendments to S. Sub.
for HB 2224 and asked for a conference.

Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
conferees on the part of the House.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Powell in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Powell, Committee of the Whole report, as follows, was adopted:

Recommended that committee report to SB 432 be adopted; also, on motion of Rep.
Phill Kline to amend, Rep. Tanner requested a ruling on the amendment being germane to
the bill. The Rules Chair ruled the amendment germane. The question then reverted back
to the motion of Rep. Phill Kline, which did not prevail.

Also, on motion of Rep. Hayzlett SB 432 be amended on page 1, in line 18, by striking
``shall'' and inserting ``may'';

Also, on motion of Rep. Powers SB 432 be amended on page 1, in line 29, by striking
``Unless the'' and inserting ``The''; in line 30, by striking ``has adopted'' and inserting ``shall
adopt''; in line 32, by striking all after ``subsection''; by striking all of line 33; in line 34, by
striking all before the period;

Also, on further motion of Rep. Powers to amend SB 432, the motion did not prevail.
Also, on further motion of Rep. Powers to amend, the motion did not prevail. Also, on
further motion of Rep. Powers to amend, the motion did not prevail.

Also, roll call was demanded on motion of Rep. Crow to amend SB 432 on page 1, in
line 17, before ``Section'' by inserting ``New'';

On page 2, in line 32, before ``Sec.'' by inserting ``New'';

On page 3, in line 34, before ``Sec.'' by inserting ``New'';

On page 4, in lines 6 and 24, before ``Sec.'' by inserting ``New'';

On page 5, in line 15, before ``Sec.'' by inserting ``New''; following line 18, by inserting
four new sections as follows:

``Sec. 7. K.S.A. 1999 Supp. 72-6407 is hereby amended to read as follows: 72-6407. (a)
``Pupil'' means any person who is regularly enrolled in a district and attending kindergarten
or any of the grades one through 12 maintained by the district or who is regularly enrolled
in a district and attending kindergarten or any of the grades one through 12 in another
district in accordance with an agreement entered into under authority of K.S.A. 72-8233,
and amendments thereto, or who is regularly enrolled in a district and attending special
education services provided for preschool-aged exceptional children by the district. Except
as otherwise provided in this subsection, a pupil in attendance full time shall be counted as
one pupil. A pupil in attendance part time shall be counted as that proportion of one pupil
(to the nearest 1/10) that the pupil's attendance bears to full-time attendance. A pupil
attending kindergarten shall be counted as 1/2 pupil. A pupil enrolled in and attending an
institution of postsecondary education which is authorized under the laws of this state to
award academic degrees shall be counted as one pupil if the pupil's postsecondary education
enrollment and attendance together with the pupil's attendance in either of the grades 11
or 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion of one pupil
(to the nearest 1/10) that the total time of the pupil's postsecondary education attendance
and attendance in grade 11 or 12, as applicable, bears to full-time attendance. A pupil
enrolled in and attending an area vocational school, area vocational-technical school or
approved vocational education program shall be counted as one pupil if the pupil's vocational
education enrollment and attendance together with the pupil's attendance in any of grades
nine through 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion
of one pupil (to the nearest 1/10) that the total time of the pupil's vocational education
attendance and attendance in any of grades nine through 12 bears to full-time attendance.
A pupil enrolled in a district and attending special education services, except special
education services for preschool-aged exceptional children, provided for by the district shall
be counted as one pupil. A pupil enrolled in a district and attending special education
services for preschool-aged exceptional children provided for by the district shall be counted
as 1/2 pupil. A preschool-aged at-risk pupil enrolled in a district and receiving services under
an approved at-risk pupil assistance plan maintained by the district shall be counted as 1/2
pupil. A pupil in the custody of the secretary of social and rehabilitation services and enrolled
in unified school district No. 259, Sedgwick county, Kansas, but housed, maintained, and
receiving educational services at the Judge James V. Riddel Boys Ranch, shall be counted
as two pupils. A pupil residing at the Flint Hills job corps center shall not be counted. A
pupil confined in and receiving educational services provided for by a district at a juvenile
detention facility shall not be counted. A pupil enrolled in a district but housed, maintained,
and receiving educational services at a state institution shall not be counted.

(b) ``Preschool-aged exceptional children'' means exceptional children, except gifted
children, who have attained the age of three years but are under the age of eligibility for
attendance at kindergarten.

(c) ``At-risk pupils'' means pupils who are eligible for free meals under the national
school lunch act and who are enrolled in a district which maintains an approved at-risk pupil
assistance plan.

(d) ``Preschool-aged at-risk pupil'' means an at-risk pupil who has attained the age of
four years, is under the age of eligibility for attendance at kindergarten, and has been
selected by the state board in accordance with guidelines consonant with guidelines
governing the selection of pupils for participation in head start programs. The state board
shall select not more than 1,794 preschool-aged at-risk pupils to be counted in any school
year.

(e) ``Enrollment'' means, for districts scheduling the school days or school hours of the
school term on a trimestral or quarterly basis, the number of pupils regularly enrolled in
the district on September 20 plus the number of pupils regularly enrolled in the district on
February 20 less the number of pupils regularly enrolled on February 20 who were counted
in the enrollment of the district on September 20; and for districts not hereinbefore
specified, the number of pupils regularly enrolled in the district on September 20.
Notwithstanding the foregoing, if enrollment in a district in any school year has decreased
from enrollment in the preceding school year, enrollment of the district in the current school
year means whichever is the greater of (1) enrollment in the preceding school year minus
enrollment in such school year of preschool-aged at-risk pupils, if any such pupils were
enrolled, plus enrollment in the current school year of preschool-aged at-risk pupils, if any
such pupils are enrolled, or (2) the sum of enrollment in the current school year of preschool-
aged at-risk pupils, if any such pupils are enrolled and the average (mean) of the sum of (A)
enrollment of the district in the current school year minus enrollment in such school year
of preschool-aged at-risk pupils, if any such pupils are enrolled and (B) enrollment in the
preceding school year minus enrollment in such school year of preschool-aged at-risk pupils,
if any such pupils were enrolled and (C) enrollment in the school year next preceding the
preceding school year minus enrollment in such school year of preschool-aged at-risk pupils,
if any such pupils were enrolled.

(f) ``Adjusted enrollment'' means enrollment adjusted by adding at-risk pupil weighting,
program weighting, low enrollment weighting, if any, correlation weighting, if any, school
facilities weighting, if any, ancillary school facilities weighting, if any, and transportation
weighting to enrollment.

(g) ``At-risk pupil weighting'' means an addend component assigned to enrollment of
districts on the basis of enrollment of at-risk pupils.

(h) ``Program weighting'' means an addend component assigned to enrollment of
districts on the basis of pupil attendance in educational programs which differ in cost from
regular educational programs.

(i) ``Low enrollment weighting'' means an addend component assigned to enrollment
of districts having under ~~1,725~~ 1,700 enrollment on the basis of costs attributable to
maintenance of educational programs by such districts in comparison with costs attributable
to maintenance of educational programs by districts having ~~1,725~~ 1,700 or over enrollment.

(j) ``School facilities weighting'' means an addend component assigned to enrollment of
districts on the basis of costs attributable to commencing operation of new school facilities.
School facilities weighting may be assigned to enrollment of a district only if the district has
adopted a local option budget and budgeted therein the total amount authorized for the
school year. School facilities weighting may be assigned to enrollment of the district only in
the school year in which operation of a new school facility is commenced and in the next
succeeding school year.

(k) ``Transportation weighting'' means an addend component assigned to enrollment of
districts on the basis of costs attributable to the provision or furnishing of transportation.

(l) ``Correlation weighting'' means an addend component assigned to enrollment of
districts having ~~1,725~~ 1,700 or over enrollment on the basis of costs attributable to
maintenance of educational programs by such districts as a correlate to low enrollment
weighting assigned to enrollment of districts having under ~~1,725~~ 1,700 enrollment.

(m) ``Ancillary school facilities weighting'' means an addend component assigned to
enrollment of districts to which the provisions of K.S.A. 1999 Supp. 72-6441, and
amendments thereto, apply on the basis of costs attributable to commencing operation of
new school facilities. Ancillary school facilities weighting may be assigned to enrollment of
a district only if the district has levied a tax under authority of K.S.A. 1999 Supp. 72-6441,
and amendments thereto, and remitted the proceeds from such tax to the state treasurer.
Ancillary school facilities weighting is in addition to assignment of school facilities weighting
to enrollment of any district eligible for such weighting.

(n) ``Juvenile detention facility'' means any community juvenile corrections center or
facility, the Forbes Juvenile Attention Facility, the Sappa Valley Youth Ranch of Oberlin,
the Parkview Passages Residential Treatment Center of Topeka, Charter Wichita Behavior
Health System, L.L.C. and Salvation Army/Koch Center Youth Services.

Sec. 8. K.S.A. 1999 Supp. 72-6412 is hereby amended to read as follows: 72-6412. The
low enrollment weighting of each district with under ~~1,725~~ 1,700 enrollment shall be
determined by the state board as follows:

(a) Determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 75-125 enrollment in such school year;

(b) determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 200-399 enrollment in such school year;

(c) determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 1,900 or over enrollment;

(d) prescribe a schedule amount for each of the districts by preparing a schedule based
upon an accepted mathematical formula and derived from a linear transition between (1)
the median budgets per pupil determined under (a) and (b), and (2) the median budgets
per pupil determined under (b) and (c). The schedule amount for districts with 0-99
enrollment is an amount equal to the amount of the median budget per pupil determined
under (a). The schedule amount for districts with 100-299 enrollment is the amount derived
from the linear transition under (1). The schedule amount for districts with 300-1,899
enrollment is the amount derived from the linear transition under (2);

(e) for districts with 0-99 enrollment:

(1) Subtract the amount determined under (c) from the amount determined under (a);

(2) divide the remainder obtained under (1) by the amount determined under (c);

(3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district;

(f) for districts with 100-299 enrollment:

(1) Subtract the amount determined under (c) from the schedule amount of the district;

(2) divide the remainder obtained under (1) by the amount determined under (c);

(3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district;

(g) for districts with ~~300-1,724~~ 300-1,699 enrollment:

(1) Subtract the amount determined under (c) from the schedule amount of the district;

(2) divide the remainder obtained under (1) by the amount determined under (c);

(3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district.

Sec. 9. K.S.A. 1999 Supp. 72-6442 is hereby amended to read as follows: 72-6442. The
correlation weighting of each district with ~~1,725~~ 1,700 or over enrollment shall be
determined by the state board as follows:

(a) Determine the schedule amount for a district with ~~1,725~~ 1,700 enrollment as derived
from the linear transition under (d) of K.S.A. 72-6412, and amendments thereto, and
subtract the amount determined under (c) of K.S.A. 72-6412, and amendments thereto,
from the schedule amount so determined;

(b) divide the remainder obtained under (a) by the amount determined under (c) of
K.S.A. 72-6412, and amendments thereto, and multiply the quotient by the enrollment of
the district in the current school year. The product is the correlation weighting of the district.
Sec. 10. K.S.A. 1999 Supp. 72-6407, 72-6412 and 72-6442 are hereby repealed.'';

By renumbering section 7 as section 11;

In the title, in line 14, after ``teachers'' by inserting ``; affecting determination of low
enrollment and correlation weightings for finance purposes; amending K.S.A. 1999 Supp.
72-6407, 72-6412 and 72-6442 and repealing the existing sections'';

On roll call, the vote was: Yeas 57; Nays 62; Present but not voting: 0; Absent or not
voting: 6.

Yeas: Adkins, Alldritt, Allen, Ballard, Barnes, Benlon, Burroughs, Campbell, Crow, Dean,
Edmonds, Feuerborn, Findley, Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Haley,
Helgerson, Henderson, Henry, Horst, Howell, Johnston, Kirk, Phill Kline, Kuether, Larkin,
M. Long, Mayans, McKechnie, McKinney, Nichols, O'Brien, Pauls, E. Peterson, Phelps,
Powers, Reardon, Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Spangler, Storm,
Swenson, Tedder, Thimesch, Toelkes, Tomlinson, Weiland, Wells, Welshimer.

Nays: Aday, Aurand, Ballou, Beggs, Bethell, Boston, Carmody, Compton, Cox, Dahl,
Dreher, Faber, Farmer, Flower, Freeborn, Geringer, Gregory, Hayzlett, Hermes, Holmes,
Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Phil Kline, Krehbiel,
Landwehr, Lane, Light, Lightner, Lloyd, P. Long, Loyd, Mays, McClure, McCreary,
Merrick, Mollenkamp, Jim Morrison, Judy Morrison, Myers, Neufeld, O'Connor, O'Neal,
Osborne, Palmer, J. Peterson, Pottorff, Powell, Ray, Schwartz, Sloan, Stone, Tanner,
Toplikar, Vickrey, Vining, Wagle, Weber, Wilk.

Present but not voting: None.

Absent or not voting: Empson, Glasscock, Klein, Mason, Minor, Shultz.

The motion of Rep. Crow did not prevail.

Also, on motion of Rep. Helgerson to amend SB 432, the motion did not prevail.

Also, roll call was demanded on further motion of Rep. Helgerson to amend SB 432 on
page 1, in line 17, before ``Section'', by inserting ``New'';

On page 2, in line 32, before ``Sec.'', by inserting ``New'';

On page 3, in line 34, before ``Sec.'', by inserting ``New'';

On page 4, in lines 6 and 24, before ``Sec.'', by inserting ``New'';

On page 5, in line 15, before ``Sec.'', by inserting ``New''; following line 18, by inserting
two new sections as follows:

``Sec. 7. K.S.A. 1999 Supp. 72-6410 is hereby amended to read as follows: 72-6410. (a)
``State financial aid'' means an amount equal to the product obtained by multiplying base
state aid per pupil by the adjusted enrollment of a district.

(b) ``Base state aid per pupil'' means an amount of state financial aid per pupil. Subject
to the other provisions of this subsection, the amount of base state aid per pupil is ~~$3,770~~
~~in the 1999-2000 school year and~~ $3,820 in the 2000-01 school year and $3,870 in the 2001-
02 school year and in school years thereafter. The amount of base state aid per pupil is
subject to reduction commensurate with any reduction under K.S.A. 75-6704, and
amendments thereto, in the amount of the appropriation from the state general fund for
general state aid. If the amount of appropriations for general state aid is insufficient to pay
in full the amount each district is entitled to receive for any school year, the amount of base
state aid per pupil for such school year is subject to reduction commensurate with the
amount of the insufficiency.

(c) ``Local effort'' means the sum of an amount equal to the proceeds from the tax levied
under authority of K.S.A. 72-6431, and amendments thereto, and an amount equal to any
unexpended and unencumbered balance remaining in the general fund of the district, except
amounts received by the district and authorized to be expended for the purposes specified
in K.S.A. 72-6430, and amendments thereto, and an amount equal to any unexpended and
unencumbered balances remaining in the program weighted funds of the district, except
any amount in the vocational education fund of the district if the district is operating an
area vocational school, and an amount equal to any remaining proceeds from taxes levied
under authority of K.S.A. 72-7056 and 72-7072, and amendments thereto, prior to the repeal
of such statutory sections, and an amount equal to the amount deposited in the general fund
in the current school year from amounts received in such year by the district under the
provisions of subsection (a) of K.S.A. 72-1046a, and amendments thereto, and an amount
equal to the amount deposited in the general fund in the current school year from amounts
received in such year by the district pursuant to contracts made and entered into under
authority of K.S.A. 72-6757, and amendments thereto, and an amount equal to the amount
credited to the general fund in the current school year from amounts distributed in such
year to the district under the provisions of articles 17 and 34 of chapter 12 of Kansas Statutes
Annotated and under the provisions of articles 42 and 51 of chapter 79 of Kansas Statutes
Annotated, and an amount equal to 75% of the federal impact aid of the district.

(d) ``Federal impact aid'' means an amount equal to the federally qualified percentage
of the amount of moneys a district receives in the current school year under the provisions
of title I of public law 874 and congressional appropriations therefor, excluding amounts
received for assistance in cases of major disaster and amounts received under the low-rent
housing program. The amount of federal impact aid defined herein as an amount equal to
the federally qualified percentage of the amount of moneys provided for the district under
title I of public law 874 shall be determined by the state board in accordance with terms
and conditions imposed under the provisions of the public law and rules and regulations
thereunder.

Sec. 8. K.S.A. 1999 Supp. 72-6410 is hereby repealed.'';

By renumbering section 7 as section 9;

In the title, in line 14, after ``teachers'', by inserting ``; increasing base state aid per pupil
for purposes of finance; amending K.S.A. 1999 Supp. 72-6410 and repealing the existing
section'';

On roll call, the vote was: Yeas 50; Nays 68; Present but not voting: 0; Absent or not
voting: 7.

Yeas: Alldritt, Ballard, Barnes, Burroughs, Campbell, Crow, Dean, Feuerborn, Findley,
Flaharty, Flora, Garner, Gatewood, Gilbert, Grant, Haley, Helgerson, Henderson, Henry,
Johnston, Kirk, Klein, Kuether, Larkin, M. Long, Mayans, McClure, McKechnie,
McKinney, Nichols, O'Brien, Pauls, E. Peterson, Phelps, Powers, Reardon, Rehorn, Ruff,
Sharp, Showalter, Shriver, Spangler, Storm, Swenson, Tedder, Thimesch, Toelkes, Weiland,
Wells, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Ballou, Beggs, Bethell, Boston, Carmody, Compton,
Cox, Dahl, Dreher, Edmonds, Faber, Farmer, Flower, Freeborn, Geringer, Glasscock,
Gregory, Hayzlett, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jenkins, Jennison, Johnson, Phill Kline, Krehbiel, Landwehr, Lane, Light, Lightner, Lloyd,
P. Long, Loyd, Mason, Mays, McCreary, Merrick, Mollenkamp, Jim Morrison, Judy
Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, J. Peterson, Pottorff,
Powell, Ray, Schwartz, Sloan, Stone, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Weber,
Wilk.

Present but not voting: None.

Absent or not voting: Benlon, Empson, Phil Kline, Minor, Reinhardt, Shultz, Wagle.

The motion of Rep. Helgerson did not prevail, and SB 432 be passed as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Education recommends HB 3046 be passed.

The Committee on Federal and State Affairs recommends HR 6006 be adopted.

The Committee on Federal and State Affairs recommends SB 492 be amended by
substituting a new bill to be designated as ``House Substitute for SENATE BILL No. 492,''
as follows:

``HOUSE Substitute for SENATE BILL No. 492

By Committee on Federal and State Affairs

``AN ACT concerning the issuance of certain distinctive license plates; amending K.S.A.
1999 Supp. 8-1,141 and repealing the existing section.'';

and the substitute bill be passed.

(H. Sub. for SB 492 was thereupon introduced and read by title.)

The Committee on Taxation recommends HB 2589 be amended on page 1, in line 14,
by striking ``1999'' and inserting ``2000''; also, in line 14, by striking ``2000'' and inserting
``2001''; by striking all in lines 21 through 33; in line 34, by striking ``(c)'' and inserting ``(b)'';
also, in line 34, by striking ``subsections'' and inserting ``subsection''; in line 35, by striking
``and (b)'';

On page 2, in line 3, by striking ``(d)'' and inserting ``(c)''; and the bill be passed as
amended.

The Committee on Taxation recommends HCR 5019 be amended on page 1, in line
28, by striking ``aircraft and watercraft,'';

On page 2, after line 41, by inserting the following:

``(b) The legislature may provide by law for the definition of public utility services and
the classification or reclassification of property of any entity, or division thereof, providing
public utility services.''; in line 42, by striking ``(b)'' and inserting ``(c)'';

On page 3, by striking all in lines 7 through 15 and inserting the following:

`` ``Explanatory statement: This amendment would allow the legislature to provide
by law for the classification or reclassification of property of public utility service
providers for property tax assessment rate purposes.

``A vote for this proposition would grant the authority to the legislature to provide
for the classification or reclassification of property of public utility service
providers for property tax assessment rate purposes.

``A vote against this proposition would continue the existing property tax assessment
rate treatment for all public utility service providers.'' '';

In the title, in line 10, by striking ``aircraft''; in line 11, by striking all before the period
and inserting ``certain public utility property''; and the concurrent resolution be adopted as
amended.

The Committee on Taxation recommends SB 69, as amended by Senate Committee, be
amended on page 1, by striking all in lines 15 through 43;

On page 2, by striking all in lines 1 through 12 and inserting the following:

``Section 1. 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
director 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
valuations 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 foregoing 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 amendments thereto.

~~(d)~~ (e) Any person receiving any information under the provisions of subsection (b) or,
(c) or (d) shall be subject to the confidentiality provisions of subsection (a) and to the penalty
provisions of subsection ~~(e)~~ (f).

~~(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
dismissed from office.'';

Also, on page 2, in line 13, by striking ``1998'' and inserting ``1999''; in line 21, by striking
``1999'' and inserting ``2000'';

On page 3, in line 30, by striking ``1999'' and inserting ``2000''; and the bill be passed as
amended.

The Committee on Kansas Select 2000 recommends SB 327, as amended by Senate
Committee of the Whole, be passed.

MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Wilk, the House nonconcurred in Senate amendments to HB 2570
and asked for a conference.

Speaker pro tem Mays thereupon appointed Reps. Wilk, Horst and Sharp as conferees
on the part of the House.

On motion of Rep. Adkins, the House nonconcurred in Senate amendments to HB 3005
and asked for a conference.

Speaker pro tem Mays thereupon appointed Reps. Adkins, Neufeld and Reardon as
conferees on the part of the House.

REPORT ON ENGROSSED BILLS
HB 2721, 3042 reported correctly engrossed March 28, 2000.

Also, HB 2857 reported correctly engrossed March 29, 2000.

HB 2582, 2938 reported correctly re-engrossed March 29, 2000.

On motion of Rep. Glasscock, the House adjourned until 10:00 a.m., Thursday, March
30, 2000.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.