J o u r n a l o f t h e H o u s e TWENTY-FOURTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Friday, February 14, 1997, 10:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 120 members present. Reps. Horst and Toelkes were excused on legislative business. Reps. Ballou, Wagle and Welshimer were excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, In describing Your nature, Your Word says in 1 John 4:18 that You are Love. As our Divine Teacher, would You train us to be like You? Teach us to love. Teach us to do it with the caution You mentioned in 1 John 3:18 . . . not with mere, empty words, but with actions that reflect sincerity. Convict us of any pretense. In verse 10, You said that's how we can distinguish those who are Godly from those who are devilish. Teach us to be like You. Patient rather than impatient . . . Kind rather than mean . . . warm rather than cold . . . understanding rather than indifferent . . . loving rather than unloving . . . Godly rather than devilish . . . Daily, as You examine us in this on the job training, help us to pass our tests of love. I come to You, Father, in the Name of Jesus, Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2367, An act concerning crimes and punishment; relating to the unlawful sale and manufacturing of controlled substances; amending K.S.A. 1996 Supp. 21-4705, 22-3717, 654159, 65-4161 and 65-4163 and repealing the existing sections, by Representatives Ballou, Beggs, Bradley, Campbell, Cox, Dahl, Dreher, Faber, Farmer, Franklin, Geringer, Glasscock, Hayzlett, Horst, Huff, Humerickhouse, Hutchins, Johnson, Landwehr, Lloyd, P. Long, Mayans, Mays, McCreary, Mollenkamp, Myers, Palmer, J. Peterson, Powers, Shore, Sloan, Stone, Tanner, Toplikar, Vickrey, Vining, Wilk and Wilson. HB 2368, An act providing for the temporary suspension of certain surface water quality standards; creating the special commission on water quality standards and specifying the membership and functions thereof, by Representative Howell. HB 2369, An act concerning school district finance; authorizing the imposition of school district retailers' sales taxes for the purpose of financing technology education programs, by Representatives Horst, Beggs and Vickrey. HB 2370, An act concerning the commercial harvesting of prairie rattlesnakes; amending K.S.A. 32-941 and K.S.A. 1996 Supp. 32-988 and repealing the existing sections, by Representative Johnston. HB 2371, An act concerning school district finance; relating to local option budgets; authorizing the imposition of school district retailers' sales taxes and school district income 148 JOURNAL OF THE HOUSE taxes for the purpose of financing such budgets, by Representatives Horst, Beggs, Boston, Franklin, Gilmore and O'Connor. HB 2372, An act concerning elections; relating to the validity of nominations, petitions and declarations and objections thereto; amending K.S.A. 25-308 and repealing the existing section, by Representative Krehbiel. HB 2373, An act relating to elections; concerning runoff primary elections for certain state offices; amending K.S.A. 25-203, 25-204, 25-209, 25-212 and 25-215 and K.S.A. 1996 Supp. 25-213, 25-1122, 25-3203 and 25-3205 and repealing the existing sections, by Representative Edmonds. HB 2374, An act relating to travel and tourism, establishing a state tourism fund and a council on tourism; amending K.S.A. 1996 Supp. 79-4801 and repealing the existing section, by Committee on Tourism. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2339, 2341, 2351, 2352, 2354, 2359, 2362; SB 103. Business, Commerce and Labor: SB 135. Economic Development: HB 2356. Education: HB 2345, 2363. Environment: HB 2361. Governmental Organization and Elections: HB 2338, 2346, 2347, 2353; SB 13. Health and Human Services: HB 2360, 2366; SB 12. Insurance: SB 31. Judiciary: HB 2340, 2343, 2344, 2364; SB 8, 66, 68, 89, 100. Taxation: HB 2355, 2357, 2358; SB 51, 107, 109. Tourism: HB 2348, 2349, 2350. Transportation: HB 2342, 2365; SB 118. COMMUNICATIONS FROM STATE OFFICERS From the Office of Judicial Administration, The Kansas Supreme Court, Annual Report Kansas Judicial Branch, Fiscal Year 1995-1996. From Barbara J. Hinton, Legislative Post Auditor, Performance Audit Report verifying information regarding Compliance with the Terms of the Foster Care Lawsuit Settlement Agreement, January 1-July31, 1996. From Larry Welch, Director, Kansas Bureau of Investigation, in compliance with K.S.A. 60- 4117, status of the KBI State Forfeiture Fund. From Jean Duncan, Chair, BRRETA Task Force, Position Paper of the Task Force appointed pursuant to 1996 SB 710 to study issues involved in the brokerage relationships in real estate transactions act (BRRETA). The complete reports are kept on file and open for inspection in the office of the Chief Clerk. MESSAGE FROM THE SENATE Announcing passage of SB 15; Sub. SB 24; SB 40, 55, 57, 110, 132, 137. INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS The following Senate bills were introduced and read by title: SB 15; Sub. SB 24; SB 40, 55, 57, 110, 132, 137. CONSENT CALENDAR No objection was made to HB 2182, 2185 appearing on the Consent Calendar for the first day. No objection was made to HB 2199 appearing on the Consent Calendar for the second day. No objection was made to HB 2104, 2216 appearing on the Consent Calendar for the third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions. February 14, 1997 149 FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS Speaker Shallenburger announced that order of business Final Action on Bills and Concurrent Resolutions would be passed over today. REPORT OF STANDING COMMITTEE Your Committee on Calendar and Printing recommends on requests for resolutions and certificates that Request No. 24, by Representative Tomlinson, commending Jim Purtle for obtaining the Eagle Scout Award; Request No. 25, by Representative Dahl, congratulating Jim and Gladys Schmidt on their 50th wedding anniversary; Request No. 26, by Representative Flaharty, congratulating Perry and Emma Dickinson on their 70th wedding anniversary; Request No. 27, by Representative Johnson, congratulating Carol Shepherd for being named a Master Teacher; Request No. 28, by Representative Johnson, congratulating Amanda Zachman for winning the Ellis County Spelling Bee; Request No. 29, by Representative Johnson, congratulating Jesse Shaver, candidate for 1997 Presidential Scholars Program; Request No. 30, by Representative Tomlinson, commending Michael E. Reed for obtaining the Eagle Scout Award; Request No. 31, by Representative Packer, congratulating Megan Ebert for being an Academic All-Star at Rossville High School; Request No. 32, by Representative Larkin, congratulating Kendra Wecker for winning first place in the 14-15 year-old girls category of the Punt, Pass and Kick competition; Request No. 33, by Representative Larkin, congratulating the Frankfort Wildcats for winning the 2-1A State Football Championship; Request No. 34, by Representative Larkin, congratulating the Lady Raiders of Nemaha Valley High School for winning first in Class the 3A State Volleyball Tournament; be approved and the Chief Clerk of the House be directed to order the printing of said certificates and order drafting of said resolutions. On motion of Rep. Jennison, the committee report was adopted. Upon unanimous consent, the House referred back to the regular order of business, Introduction of Bills and Concurrent Resolutions. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were read by title: HB 2375, An act concerning school district finance; affecting procedure for adoption of local option budgets; authorizing adoption of local/state partnership budgets; amending K.S.A. 1996 Supp. 72-6433 and repealing the existing section; also repealing K.S.A. 1996 Supp. 72-6433a, by Representatives Crow, Gilbert, Larkin, E. Peterson, Phelps, Reardon, Ruff and Wempe. HB 2376, An act concerning electric public utilities; prohibiting certain differences in rates, by Representative Helgerson. HB 2377, An act concerning the practice of acupuncture; concerning certain persons currently practicing acupuncture; providing for licensure; authorizing certain exemptions; declaring certain acts to be misdemeanors and providing penalties therefor, by Representative Helgerson. HB 2378, An act concerning school district finance; providing state aid for the provision of basic education programs and transportation of pupils; relating to adoption of general fund budgets by boards and the levy of ad valorem taxes to finance a portion of such budgets; amending K.S.A. 72-6411, 72-6416, 72-6427 and 72-6428 and K.S.A. 1996 Supp. 72-6407, 72-6409, 72-6410, 72-6431 and 72-6438 and repealing the existing sections; also repealing K.S.A. 72-6413, 72-6414, 72-6415, 72-6434 and 72-6435 and K.S.A. 1996 Supp. 72-6412, 72-6412a, 72-6431a, 72-6433, 72-6433a, 72-6441, 72-6442 and 72-6442a, by Representatives Ballou, O'Connor and Tanner. 150 JOURNAL OF THE HOUSE HB 2379, An act enacting the Kansas parent control of education act; amending K.S.A. 1996 Supp. 72-1046a and 72-6407 and repealing the existing sections, by Representatives O'Connor, Donovan, Farmer, Landwehr, Mayans, Powell, Presta, Toplikar and Wagle. HB 2380, An act relating to public officers; concerning the oath taken by certain officers elected or appointed under the laws of the state of Kansas; requiring the taking of examinations regarding such oath and providing for the administration of the provisions of the act; amending K.S.A. 54-106 andrepealing the existing section, by Representatives O'Connor, Boston, Donovan, Franklin, Gilmore, Howell, Phill Kline, Landwehr, P. Long, Mays, Mollenkamp, Packer, Presta and Pugh. HB 2381, An act concerning certain public utilities; relating to jurisdiction to regulate; amending K.S.A. 66-104 and repealing the existing section, by Representative Edmonds. HB 2382, An act concerning the employment security law; amending K.S.A. 44-710b and K.S.A. 1996 Supp. 44-717 and repealing the existing sections, by Representative Krehbiel. HB 2383, An act concerning state officers and employees; relating to establishing smoking rooms in buildings regularly occupied by state officers and employees; amending K.S.A. 21-4016 and repealing the existing section, by Representative McKechnie. HB 2384, An act relating to motor vehicles; concerning the registration thereof; amending K.S.A. 1996 Supp. 8-143 and repealing the existing section, by Representatives Larkin and Lloyd, Aurand, Dahl, Dreher, Faber, Feuerborn, Freeborn, Humerickhouse, Johnson, Krehbiel, Mays, McClure, Mollenkamp, Myers, Neufeld, Schwartz, Shore and Thimesch. HB 2385, An act relating to income taxation; establishing a uniform rate system; amending K.S.A. 1996 Supp. 79-32,110 and repealing the existing section; also repealing K.S.A. 79-32,116, 79-32,118 and 79-32,121 and K.S.A. 1996 Supp. 79-32,119 and 79-32,120, by Representatives Larkin and Sawyer, Ballard, Burroughs, Crow, Dean, Dillon, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Johnston, Kirk, J. Long, McClure, E. Peterson, Phelps, Reardon, Ruff, Spangler, Storm, Wells and Welshimer. HB 2386, An act concerning schools accredited by the state board of education; relating to the provision of abstinence education and providing for grants of moneys to assist schools in the provision of such education, by Representatives Vickrey and Thimesch, Aurand, Ballou, Bradley, Campbell, Compton, Dahl, Donovan, Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Glasscock, Hayzlett, Henderson, Henry, Horst, Howell, Huff, Hutchins, Jennison, Kejr, Phill Kline, Landwehr, Lloyd, P. Long, Mason, Mayans, Mays, McClure, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Packer, Palmer, Pauls, J. Peterson, Phelps, Powell, Powers, Presta, Shallenburger, Shore, Shultz, Swenson, Tanner, Toplikar, Wagle, Weber, Wells and Wilson. HB 2387, An act establishing a task force on the impact of class size on education quality; prescribing the membership and duties of the task force, by Representatives Garner and Wells. HB 2388, An act relating to elections; authorizing voters to vote for ``none of these candidates'' upon the ballot; providing for the conduct of such elections; and providing for subsequent elections if candidates fail to be nominated or elected at the original election, by Representative Garner. HB 2389, An act concerning Kansas state university, authorizing the state board of regents to convey title to certain real estate located in Clay and Washington counties; providing for the disposition of proceeds, by Committee on Appropriations. HB 2390, An act relating to certain credits of fee receipts to the state general fund; amending K.S.A. 1996 Supp. 75-3170a and repealing the existing section, by Committee on Appropriations By Committee on Appropriations. HB 2391, An act concerning big game permits; relating to certain deer permits; amending K.S.A. 1996 Supp. 32-937 and repealing the existing section, by Representative Jennison. HB 2392, An act relating to motor vehicles; concerning educational license plates; amending K.S.A. 1996 Supp. 8-1,142 and repealing the existing section, by Representative Adkins. February 14, 1997 151 HB 2393, An act concerning solid waste; providing for certain grants to develop markets for recycled materials; relating to fees for disposal of solid waste; amending K.S.A. 1996 Supp. 65-3415a and 65-3415b and repealing the existing sections, by Representative Haley. HB 2394, An act concerning school districts; relating to contracts of administrators; amending K.S.A. 1996 Supp. 72-5452 and repealing the existing section, by Representative Swenson. HB 2395, An act concerning the Kansas public employees retirement system and systems thereunder; relating to lump-sum death benefit; amending K.S.A. 1996 Supp. 74-4989 and repealing the existing section, by Representative Swenson. HB 2396, An act concerning campaign finance; relating to contributions and the use thereof; amending K.S.A. 1996 Supp. 25-4157a and repealing the existing section, by Representative Dean. HB 2397, An act concerning cities and counties; relating to law enforcement officers and sheriffs, by Representative Dean. HB 2398, An act concerning special education services for exceptional children; relating to the determination of state aid for provision; amending K.S.A. 72-978, as amended by section 120 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing section, by Representatives Burroughs, Crow, Findley, Flaharty, Gilbert, Grant, Kirk, Kuether, Larkin, J. Long, McClure, Pauls, E. Peterson, Phelps, Reardon, Ruff, Sawyer, Sharp, Showalter, Shriver, Toelkes, Wells and Welshimer. HB 2399, An act relating to income taxation; concerning certain credits and exemptions; amending K.S.A. 79-32,121 and repealing the existing section, by Representatives Gilmore, Dahl, Freeborn, Horst, Phill Kline, Landwehr, Toplikar and Vickrey. HB 2400, An act concerning zoning; relating to nonconforming uses; amending K.S.A. 12-758 and repealing the existing section, by Representatives Gilmore, Dahl, Mays, McCreary, Ray, Storm, Toplikar and Wilson. HB 2401, An act concerning driving under the influence; relating to a restricted license; amending K.S.A. 1996 Supp. 8-1014 and 8-1015 and repealing the existing sections, by Committee on Judiciary. HB 2402, An act concerning adoption; relating to open adoptions; amending K.S.A. 592122 and repealing the existing section, by Committee on Judiciary. HB 2403, An act concerning fiscal notes for legislative bills; amending K.S.A. 1996 Supp. 75-3715a and repealing the existing section, by Committee on Fiscal Oversight. HB 2404, An act concerning school district finance; affecting determination of at-risk weighting; amending K.S.A. 72-6414 and repealing the existing section, by Representatives Ballard, Burroughs, Correll, Crow, Dean, Findley, Flaharty, Garner, Gilbert, Grant, Henderson, Johnston, Kirk, Kuether, Larkin, J. Long, McClure, E. Peterson, Phelps, Reardon, Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Toelkes, Wells, Welshimer and Wempe. HB 2405, An act relating to income taxation; concerning personal exemption amounts; amending K.S.A. 79-32,121 and repealing the existing section, by Representatives Welshimer, Dean, Larkin and Phelps. HB 2406, An act relating to sales taxation; exempting sales of food for human consumption therefrom; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Representatives Welshimer, Dean and Phelps. HB 2407, An act concerning the Kansas public employees retirement system; relating to purchase of prior service, by Representative Ruff. HB 2408, An act concerning eye enucleation; persons performing; amending K.S.A. 651728 and repealing the existing section, by Representatives Flaharty, Gilbert, Henry, Horst, Kirk, Mayans, Morrison, Ruff, Storm, Toelkes, Wells and Welshimer. HB 2409, An act concerning crimes and punishment; relating to sentencing; amending K.S.A. 1996Supp. 21-4705 and repealing the existing section, by Representative Haley. HB 2410, An act concerning state surplus property; relating to procedures for the disposition thereof; amending K.S.A. 1996 Supp. 75-6602 and repealing the existing section, by Representative Johnston. 152 JOURNAL OF THE HOUSE HB 2411, An act relating to property taxation; concerning exemption from the levy financing school districts, by Representatives Larkin and Sawyer, Burroughs, Correll, Dillon, Findley, Garner, Gilbert, Grant, Johnston, Kuether, E. Peterson, Phelps, Reardon and Ruff. HB 2412, An act relating to income taxation; providing for an earned income credit therefrom, by Representatives Kirk, Garner and Findley, Burroughs, Crow, Dillon, Flaharty, Flora, Gilbert, Grant, Kuether, Larkin, J. Long, McClure, Nichols, Pauls, E. Peterson, Phelps, Reardon, Ruff, Sawyer, Sharp, Spangler, Wells and Welshimer. HOUSE CONCURRENT RESOLUTION No. 5016-- By Representatives Shallenburger and Phill Kline A PROPOSITION to amend article 11 of the constitution of the state of Kansas by adding a new section thereto, relating to the establishment of a prohibition on the levy of property tax by the state. 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: Article 11 of the constitution of the state of Kansas is hereby amended by adding a new section thereto to read as follows: ``(section) 14. Prohibition against property tax levied by the state. The levy of general property tax by, or on behalf of, the state for any and all purposes in the year 2002, and any year thereafter, shall be prohibited, and the authority to levy a permanent tax pursuant to section 6 of articles 6 and 7 of this constitution is hereby declared null and void after the year 2001.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would establish a prohibition against general property tax levies made by or on behalf of the state. ``A vote for this proposition would establish a prohibition against general property tax which may be levied by or on behalf of the state for any and all purposes in the year 2002, and all years thereafter. ``A vote against this proposition would maintain the absence of any aggregate general property tax levy rate limitation in the constitution.'' 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 3, 1998. REPORTS OF STANDING COMMITTEES The Committee on Education recommends HB 2112 be passed. The Committee on Education recommends HB 2095 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Education recommends HB 2098 be amended on page 1, following line 17, by inserting a new paragraph as follows: ``(1) ''School district`` means a school district organized and operating under the laws of this state and no part of which is located in Johnson county, Sedgwick county, Shawnee county, or Wyandotte county.''; Also on page 1, in line 18, by striking ``(1)'' and inserting ``(2)''; in line 21, by striking ``(2)'' and inserting ``(3)''; and the bill be passed as amended. The Committee on Financial Institutions recommends HB 2057; SB 45, 46, 88 be passed. The Committee on Health and Human Services recommends HB 2181 be passed. February 14, 1997 153 The Committee on Health and Human Services recommends HB 2180 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Taxation recommends HB 2105 be amended on page 16, in line 24, by striking all after the second period; by striking all in lines 25 through 38; after line 38, by inserting the following: ``(a) A vendor shall be presumed to have accepted an exemption certificate or affidavit in good faith. Such presumption shall not be overcome if the vendor: (1) Maintains an exemption certificate or affidavit, as the case requires; (2) has ascertained the identity of the person or entity who presented the exemption certificate or affidavit; and (3) has not been shown by a preponderance of the evidence to have accepted the exemption certificate or affidavit with the intent to allow an unlawful evasion of the payment of tax by any person.''; Also on page 16, in line 39, by striking ``(c)'' and inserting ``(b)''; in line 40, by striking ``vender'' and inserting ``vendor''; On page 17, in line 1, by striking ``(d)'' and inserting ``(c)''; in line 7, by striking ``(e)'' and inserting ``(d)''; in line 17, by striking ``(f)'' and inserting ``(e)''; by striking all in lines 27 through 41; in line 42, by striking ``(h)'' and inserting ``(f)''; On page 30, in line 35, by striking all after ``due''; by striking all in lines 36 through 43; On page 31, in line 1, by striking all before the period; after line 19, by inserting the following: ``(c) For tax year 1998, and all tax years thereafter, after receipt of the tax roll from the county clerk and before December 15, the treasurer shall mail to each taxpayer, as shown by the tax rolls, a tax information form which indicates the taxing unit, assessed value of real property for the current and next preceding taxable year, the mill levy for the current and next preceding taxable year and, in the case of unified school districts, the mill levy required by K.S.A. 72-6431, and amendments thereto, shall be separately indicated, the tax due and an itemization of each taxing unit's mill levy for the current and next preceding taxable year and the percentage change in the amount of revenue produced therefrom, if any. In addition, with respect to land devoted to agricultural use, such form shall indicate the acreage and description of each parcel of such land. The tax information form shall also indicate separately each parcel of real property which is separately classified for property tax purposes. The county appraiser shall provide the information necessary for the county treasurer to comply with the provisions of this section. The tax information form may be separate from the tax statement or a part of the tax statement. The tax information form shall be in a format prescribed by the director of property valuation. The tax information form shall be mailed to the last known address of the taxpayer. When a tax information form is returned to the county treasurer for failure to find the addressee, the treasurer shall make a diligent effort to find a forwarding address of the taxpayer and mail the tax information form to the new address. All tax information forms mailed pursuant to this section shall be mailed by first class mail.''; On page 34, following line 1, by inserting two new sections to read as follows: New Sec. 32. In addition to any other rights and privileges provided by law regarding investigations of compliance with the provisions of the Kansas retailers' sales tax and Kansas compensating tax acts by a taxpayer, an investigated taxpayer shall be afforded the following rights and privileges: (a) The opportunity to review documents and any other papers of the director of taxation or the authorized agents and employees of the director compiled as a result of any investigation into compliance with such acts at any time after completion of such investigation; (b) the provision of a personal or telephonic conference conducted by the director or agent of the director with the taxpayer or a representative of the taxpayer after completion of an investigation of compliance with such acts, except that, if requested by the taxpayer, such conference shall be personal; and (c) if the convenience of the taxpayer so dictates and upon request of the taxpayer, the investigation of compliance with such acts shall be conducted outside normal business hours, and in no event shall any such investigation conducted during normal business hours require the utilization of more than 25% of the time of the administrative personnel resources of such business corresponding with the duration of such investigation unless agreed to by the taxpayer. 154 JOURNAL OF THE HOUSE Sec. 33. K.S.A. 12-1678a is hereby amended to read as follows: 12-1678a. (a) For the purposes of this section, taxes shall include ad valorem property taxes, local gross earnings taxes, special assessments and all other taxes and fees collected with or at the same time as ad valorem property taxes. (b) The board of county commissioners of any county may invest the undistributed taxes of any taxing subdivision in the possession of the county treasurer pursuant to the provisions of this section. The moneys shall be invested pursuant to K.S.A. 12-1675 and 12-1676, and amendments thereto. (c) The county treasurer shall distribute the taxes collected for each taxing subdivision within or partially within the county as follows: (1) On or before January 20, July 20 and October 31, the estimated amount collected for and owed to the taxing subdivision, but not less than the amount actually collected as of not more than 20 days prior to the distribution date, and on or before the last business day before March 5 20, May 20 and September 5 20, not less than 95% of the estimated amount collected for and owed to each taxing subdivision but not less than the amount actually collected as of not more than 20 days prior to the distribution date. Except as provided in subsection (d), no payments of any interest earned on the investment of the tax collections shall be paid to the taxing subdivisions. (2) In addition to the distributions required by the foregoing provisions of this section, the county treasurer shall make a distribution on February 5, 1990, of the estimated amount collected for and owed to each taxing subdivision, but not less than the amount actually collected as of January 17, 1990. (3) To those taxing subdivisions which request special payment in advance of the dates provided by subsection (c)(1), in order to meet the expenditure needs of the taxing subdivisions as certified by the chief financial officer or governing body thereof, as follows: The amount requested, but not exceeding the amount actually collected for and owed to the taxing subdivision. When requesting an advance payment, the chief financial officer or the governing body of the taxing subdivision shall certify that the taxing subdivision has neither sufficient cash on hand nor any investment which can be converted to cash to meet the expenditure needs of the taxing subdivision. Except as provided by this subsection, the county treasurer shall distribute the payment requested. No payment shall be made under this subsection between December 1 of any year and January 1 of the next succeeding year, or between June 1 and July 1 of any year. (d) The board of county commissioners and the governing body of any taxing subdivision within or partially within the county may enter into agreements providing for the distribution of taxes and any interest earnings thereon in a manner alternative to the methods provided by this section, and any such agreements now in existence shall not be deemed to be invalidated by this enactment. (e) All moneys received by the county as interest upon the investment of undistributed taxes, and not paid to taxing subdivisions as provided or authorized shall be retained by the county treasurer and shall be paid into the general fund of the county.''; Also on page 34, in line 2, after ``K.S.A.'' by inserting ``12-1678a,''; By renumbering existing sections accordingly; In the title, in line 10, after ``K.S.A.'' by inserting ``12-1678a,''; and the bill be passed as amended. On motion of Rep. Jennison, the House recessed until 1:30 p.m. _________ Afternoon Session The House met pursuant to recess with Speaker Shallenburger in the chair. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: HB 2413, An act concerning water rights; relating to abandonment or forfeiture; amending K.S.A. 82a-718 and repealing the existing section; also repealing K.S.A. 42-308, by Representative Shore. February 14, 1997 155 HB 2414, An act concerning railroads; relating to costs of construction and maintenance of and safety devices for crossings; imposing certain taxes; amending K.S.A. 12-1633 and 66-231a and repealing the existing sections, by Representative Helgerson. HB 2415, An act concerning juveniles; amending K.S.A. 20-1a11, 21-3612, as amended by section 25 of chapter 229 of the 1996 Session Laws of Kansas, 22-4701, as amended by section 27 of chapter 229 of the 1996 Session Laws of Kansas, 38-1604, as amended by section 42 of chapter 229 of the 1996 Session Laws of Kansas, 38-1610, as amended by section 50 of chapter 229 of the 1996 Session Laws of Kansas, 38-1618, as amended by section 59 of chapter 229 of the 1996 Session Laws of Kansas, 38-1632, as amended by section 64 of chapter 229 of the 1996 Session Laws of Kansas, 38-1633, as amended by section 65 of chapter 229 of the 1996 Session Laws of Kansas, 38-1636, as amended by section 67 of chapter 229 of the 1996 Session Laws of Kansas, 38-1661, as amended by section 79 of chapter 229 of the 1996 Session Laws of Kansas, 38-1662, as amended by section 80 of chapter 229 of the 1996 Session Laws of Kansas, 38-1674, as amended by section 89 of chapter 229 of the 1996 Session Laws of Kansas, 72-978, as amended by section 120 of chapter 229 of the 1996 Session Laws of Kansas, 75-5291, 76-2101, as amended by section 140 of chapter 229 of the 1996 Session Laws of Kansas, 76-2101a, as amended by section 141 of chapter 229 of the 1996 Session Laws of Kansas, 76-2101b, as amended by section 142 of chapter 229 of the 1996 Session Laws of Kansas, 76-2125, as amended by section 145 of chapter 229 of the 1996 Session Laws of Kansas, 76-2128, as amended by section 146 of chapter 229 of the 1996 Session Laws of Kansas, 76-2201, as amended by section 147 of chapter 229 of the 1996 Session Laws of Kansas, 76-2201a, as amended by section 148 of chapter 229 of the 1996 Session Laws of Kansas, and 76-2219, as amended by section 149 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A. 1995 Supp. 381602, as amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas, 381608, as amended by section 48 of chapter 229 of the 1996 Session Laws of Kansas, 381611, as amended by section 51 of chapter 229 of the 1996 Session Laws of Kansas, 38-1635, as amended by section 66 of chapter 229 of the 1996 Session Laws of Kansas, 38-1663, as amended by section 81 of chapter 229 of the 1996 Session Laws of Kansas, 38-1663, as amended by section 57 of this bill, 38-1668, as amended by section 85 of chapter 229 of the 1996 Session Laws of Kansas, 38-1671, as amended by section 86 of chapter 229 of the 1996 Session Laws of Kansas, 38-1673, as amended by section 88 of chapter 229 of the 1996 Session Laws of Kansas, 38-1675, as amended by section 90 of chapter 229 of the 1996 Session Laws of Kansas, 38-1676, as amended by section 91 of chapter 229 of the 1996 Session Laws of Kansas, and 74-9501, as amended by section 127 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 21-2511, 21-3413, 28-170, 38-1507, 381508, 38-1522, 38-1613, 38-1614, 38-1640, 38-1692, 38-16,126, 38-16,128, 38-1808, 401909, 40-19c09, 72-89a02, 74-8810, 75-2935, 75-2935b, 75-6102, 75-6104, 75-6801, 757001, 75-7007, 75-7008, 75-7009, 75-7021, 75-2023, 75-7024, 75-7025, 75-7026, 75-7028, 76-6b04, 76-6b09, 76-3201 and 79-4803 and repealing the existing sections; also repealing K.S.A. 21-2511, as amended by section22 of chapter 229 of the 1996 Session Laws of Kansas, 21-3413, as amended by section 23 of chapter 229 of the 1996 Session Laws of Kansas, 213611, as amended by section 24 of chapter 229 of the 1996 Session Laws of Kansas, 28170, as amended by section 28 of chapter 229 of the 1996 Session Laws of Kansas, 38-1613, as amended by section 52 of chapter 229 of the 1996 Session Laws of Kansas, 38-1614, as amended by section 53 of chapter 229 of the 1996 Session Laws of Kansas, 38-1640, as amended by section 71 of chapter 229 of the 1996 Session Laws of Kansas, 38-1672, as amended by section 87 of chapter 229 of the 1996 Session Laws of Kansas, 40-1909, as amended by section 110 of chapter 229 of the 1996 Session Laws of Kansas, and 74-5363, as amended by section 124 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A. 1995 Supp. 38-1692, as amended by section 96 of chapter 229 of the 1996 Session Laws of Kansas, 40-19c09, as amended by section 113 of chapter 229 of the 1996 Session Laws of Kansas, and 74-8810, as amended by section 126 of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1996 Supp. 75-7010, by Committee on Judiciary. HB 2416, An act concerning elections; relating to political advertising, by Representative Horst. 156 JOURNAL OF THE HOUSE HB 2417, An act relating to insurance; concerning accident and sickness insurance; restricting the use of genetic test results; amending K.S.A. 1996 Supp. 40-1909, 40-19a10, 40-19b10, 40-19c09 and 40-19d10 and repealing the existing sections; also repealing K.S.A. 40-1909, as amended by section 110 of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1995 Supp. 40-19a10, as amended by section 111 of chapter 229 of the 1996 Session Laws of Kansas, 40-19b10, as amended by section 112 of chapter 229 of the 1996 Session Laws of Kansas, 40-19c09, as amended by section 113 of chapter 229 of the 1996 Session Laws of Kansas and 40-19d10, as amended by section 114 of chapter 229 of the 1996 Session Laws of Kansas, by Representative Garner. HB 2418, An act concerning oil and gas; relating to operators of wells, gas gathering systems and underground natural gas storage facilities; amending K.S.A. 1996 Supp. 55-155 and repealing the existing section, by Committee on Environment. HB 2419, An act concerning oil and gas; relating to penalties for certain violations of law; amending K.S.A. 55-708, 55-904, 55-1004 and 55-1005 and repealing the existing sections, by Committee on Environment. HB 2420, An act relating to income taxation; allowing the deduction of long-term care insurance premium costs; amending K.S.A. 1996 Supp. 79-32,117 and repealing the existing section, by Representatives Gilmore, Carmody, Freeborn, Horst, Hutchins, Landwehr, Ray, Storm, Toplikar, Vickrey and Wells. HB 2421, An act concerning the state child death review board; allowing board member expenses to be paid; amending K.S.A. 22a-243 and repealing the existing section, by Representative Garner. HB 2422, An act concerning the transfer of real property upon the death of the owner; relating to an heir who files a notification of interest in title, by Representative Haley. HB 2423, An act concerning school district finance; affecting the definition of enrollment; amending K.S.A. 1996 Supp. 72-6407 and repealing the existing section, by Representatives Reardon, Ballard, Crow, Dean, Dillon, Flaharty, Garner, Gilbert, Johnston, Kirk, Kuether, Larkin, J. Long, McClure, E. Peterson, Phelps, Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Toelkes, Wells, Welshimer and Wempe. HB 2424, An act concerning the Kansas state high school activities association; prohibiting regulation or supervision thereby of activities during certain periods of time; amending K.S.A. 1996 Supp. 72-130 and repealing the existing section, by Representative J. Peterson. HB 2425, An act concerning agriculture; relating to meat and poultry inspection; prescribing certain duties of the secretary of agriculture, by Representative Thimesch. HB 2426, An act regulating traffic; concerning alteration of maximum speed limits by local authorities; amending K.S.A. 1996 Supp. 8-1560 and repealing the existing section, by Representative McKinney. HB 2427, An act concerning employment; prohibiting certain actions by employers relating to certain lawful activities of employees; amending K.S.A. 75-2941 and repealing the existing section, by Representatives Garner, Adkins, Alldritt, Nichols, Ruff, Sawyer, Shallenburger, Spangler and Swenson. HB 2428, An act concerning campaign finance; relating to contributions and expenditures; amending K.S.A. 25-206 and 25-4153 and repealing the existing sections, by Representatives Garner and Findley, Nichols. HB 2429, An act making and concerning appropriations for the fiscal year ending June 30, 1998, for the juvenile justice authority and department of human resources; authorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing, by Representatives Garner, Crow, Findley, Henderson, Krehbiel, Kuether, Reardon, Ruff and Storm. HB 2430, An act concerning the Kansas public employees retirement system; relating to employment after retirement; amending K.S.A. 1996 Supp. 74-4914 and repealing the existing section, by Representatives Storm, Ballard, Benlon, Crow, Findley, Flaharty, Flora, Gilbert, Gilmore, Haley, Horst, Klein, Kuether, McKinney, E. Peterson, Phelps, Sawyer, Sharp, Toelkes, Tomlinson and Wells. HB 2431, An act concerning highways; providing for the erection of signs indicating location of a fatal vehicle accident, by Representative Garner (By Request). February 14, 1997 157 HB 2432, An act creating the law enforcement officers' bill of rights, by Representatives Garner and Howell. HB 2433, An act relating to confined feeding facilities; relating to permits; providing certain interested parties an opportunity to comment, by Committee on Environment. HB 2434, An act concerning levees and fills; relating to maintenance and construction; providing penalties for certain violations of law relating thereto, by Committee on Environment. HB 2435, An act concerning watershed districts; concerning election of directors; relating to exercise of eminent domain; amending K.S.A. 24-1211 and repealing the existing section, by Committee on Environment. HB 2436, An act relating to campaign finance; concerning contributions; amending K.S.A. 25-4153 and repealing the existing section, by Representatives Johnston, Kirk, Phelps and Welshimer. HB 2437, An act concerning campaign finance; prohibiting contributions and solicitations for contributions during certain periods of time; amending K.S.A. 25-4153a and repealing the existing section, by Representatives Johnston, Kirk, E. Peterson, Phelps, Storm, Wells and Welshimer. HB 2438, An act concerning school districts; relating to school board members; amending K.S.A. 25-2022a and repealing the existing section, by Representatives Johnston, Phelps and Welshimer. HB 2439, An act concerning campaign finance; concerning reports filed by treasurers; amending K.S.A. 25-4148 and repealing the existing section, by Representatives Johnston, Kirk, E. Peterson, Phelps and Welshimer . HB 2440, An act concerning traffic offenses; relating to accessible parking; amending K.S.A. 8-1,130 and K.S.A. 1996 Supp. 8-1,129 and 8-1,130a and repealing the existing sections, by Representative Klein. HB 2441, An act concerning the Kansas public employees retirement system; relating to postretirement increase, by Representative Powers. HB 2442, An act relating to cities; concerning the regulation of railroad crossings; amending K.S.A. 12-1633 and repealing the existing section, by Representatives Johnston and Sawyer, Dean, Donovan, Flaharty, Gilbert, Klein, Mayans, Pottorff, Powers, Shultz, Storm, Swenson, Thimesch, Wells and Welshimer. HB 2443, An act concerning firearms; requiring certain criminal history record checks before certain transfers or sales; providing for amendment of criminal history records under certain circumstances; prohibiting certain acts and providing penalties for violations, by Representatives Nichols, Findley and Garner. HB 2444, An act establishing the advisory commission on African-American affairs; composition thereof; election of officers; powers and duties, by Representative Nichols, Ballard, Dillon, Garner, Gilbert, Grant, Haley, Henderson, Henry, Johnston, Kirk, Phelps, Sawyer, Spangler, Storm and Wells. HB 2445, An act concerning workers compensation; relating to employee choice of medical treatment; amending K.S.A. 1996 Supp. 44-510 and repealing the existing section, by Representatives Nichols, Burroughs, Dean, Dillon, Findley, Garner, Gilbert, Grant, Haley, Henderson, Henry, Johnston, Kirk, Klein, J. Long, Phelps, Powers, Sharp, Spangler, Storm, Swenson, Thimesch, Toelkes and Welshimer. HB 2446, An act concerning employment; providing for a fair share representation fee to be paid to certain labor organizations under certain circumstances; relating to procedures, rights and duties; amending K.S.A. 44-803 and repealing the existing section, by Representatives Nichols, Burroughs, Crow, Dean, Findley, Flora, Gilbert, Grant, Henderson, Johnston, Kirk, Klein, Kuether, J. Long, Pauls, E. Peterson, Phelps, Ruff, Sawyer, Sharp, Showalter, Spangler, Storm, Swenson, Toelkes, Wells and Welshimer. HB 2447, An act concerning public works projects for state agencies; prescribing payment of minimum wages for work thereon and preferences for certain employees to work thereon, by Representatives Nichols, Burroughs, Dean, Dillon, Findley, Flaharty, Flora, Gilbert, Grant, Henderson, Johnston, Kirk, Klein, Kuether, Larkin, J. Long, Pauls, E. Peterson, Phelps, Ruff, Sawyer, Spangler, Storm, Swenson, Toelkes, Wells and Welshimer. 158 JOURNAL OF THE HOUSE HB 2448, An act concerning economic development programs; relating to recoupment of economic development benefits; amending K.S.A. 1996 Supp. 12-1742, 74-5066, 7450,105, 74-5089, 74-50,115, 74-50,131, 74-50,144, 74-50,151 and 79-32,153 and repealing the existing sections, by Representatives Spangler, Burroughs, Haley, Henry, Klein, J. Long, Phelps and Reardon. HB 2449, An act establishing a task force addressing truancy; prescribing the membership and duties of the task force, by Representatives Garner, Crow, Henderson, Krehbiel, Kuether, Phelps, Reardon and Ruff. HB 2450, An act relating to the heritage trust fund; concerning the funding therefor; amending K.S.A. 1996 Supp. 79-3107b and repealing the existing section, by Representative Weber. HB 2451, An act concerning punishment for crimes; amending K.S.A. 1996 Supp. 214603d, 44-508 and 75-6102 repealing the existing sections, by Representatives Garner, Burroughs, Correll, Crow, Findley, Krehbiel, Larkin, Reardon and Ruff. HB 2452, An act relating to income taxation; concerning the exemption of retirement benefits therefrom; amending K.S.A. 1996 Supp. 79-32,117 and repealing the existing section, by Representatives Larkin and Sawyer, Burroughs, Dean, Dillon, Findley, Flaharty, Gilbert, Kirk, J. Long, Nichols, Phelps, Ruff, Sawyer, Storm and Welshimer. HB 2453, An act concerning campaign finance; prohibiting certain contributions and solicitations therefor during certain time periods; amending K.S.A. 25-4153a and repealing the existing section, by Representatives Kirk, Phelps, Wells and Welshimer. HB 2454, An act concerning campaign finance; concerning reports required by treasurer and contributors; amending K.S.A. 25-4148 and repealing the existing section, by Representatives Kirk, Storm and Welshimer. HB 2455, An act prohibiting disposal of certain yard waste at certain solid waste disposal areas, by Representative Helgerson. HB 2456, An act relating to elections; concerning campaign practices; providing for the filing of statements and the administration of the provisions of the act; prohibiting certain acts and prescribing penalties for the violation thereof; repealing K.S.A. 25-4119g, by Representatives Findley, Kirk, Larkin, Phelps, Ruff, Storm and Welshimer. HB 2457, An act concerning economic development; establishing community development corporations; amending K.S.A. 1996 Supp. 9-1101 and repealing the existing section, by Representative Dean. HB 2458, An act establishing the student tuition assistance recognition scholarship (STARS) program to provide financial aid to Kansas residents who are students in Kansas postsecondary educational institutions; prescribing powers, duties and functions for the state board of regents; amending K.S.A. 1996 Supp. 79-4801 and repealing the existing section, by Representatives Reardon, Burroughs, Dean, Dillon, Garner, Gilbert, Grant, Helgerson, Henderson, Krehbiel, Kuether, Larkin, E. Peterson, Phelps, Ruff, and Sawyer. HB 2459, An act concerning the Kansas public employees retirement system and systems thereunder; relating to postretirement benefit increase, by Representatives Dean, Nichols and Spangler, Ballard, Burroughs, Crow, Dillon, Findley, Flaharty, Grant, Henderson, Henry, Johnston, Kirk, Klein, J. Long, Phelps, Reardon, Sawyer, Sharp, Storm, Swenson and Welshimer. HB 2460, An act concerning the Kansas public employees retirement system and systems thereunder; relating to postretirement benefit increase tied to consumer price index, by Representatives Dean, Nichols and Spangler, Ballard, Burroughs, Crow, Dillon, Findley, Flaharty, Grant, Henderson, Henry, Johnston, Kirk, Klein, J. Long, Phelps, Reardon, Sawyer, Sharp and Wells. HB 2461, An act raising the state minimum wage; amending K.S.A. 44-1203 and repealing the existing section, by Representatives Dean and Nichols, Burroughs, Dillon, Findley, Gilbert, Grant, Kirk, Klein, J. Long, Pauls, E. Peterson, Phelps, Ruff, Sawyer, Sharp, Toelkes and Wells. HB 2462, An act concerning consumer protection; relating to telemarketers; amending K.S.A. 50-672 and 50-673 and repealing the existing sections, by Representatives Dillon, Adkins, Alldritt, Burroughs, Dean, Flaharty, Garner, Gilbert, Grant, Kirk, Klein, Kuether, Larkin, E. Peterson, Phelps, Reardon, Ruff, Sawyer, Toelkes and Welshimer. February 14, 1997 159 HB 2463, An act concerning crimes and punishment; relating to capital murder; amending K.S.A. 21-3439 and repealing the existing section, by Representatives Mays, Aurand, Ballou, Beggs, Boston, Campbell, Compton, Cox, Dahl, Donovan, Dreher, Edmonds, Empson, Flower, Freeborn, Hayzlett, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Phill Kline, Landwehr, Lane, Lloyd, Mason, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Packer, Palmer, Powell, Powers, Ray, Schwartz, Shallenburger, Shore, Shultz, Stone, Tanner, Toplikar, Vickrey, Vining, Wagle, Weber and Wilson. HB 2464, An act establishing the Kansas long-term care partnership act, by Representatives Vickrey and Gilmore. HB 2465, An act concerning child support; relating to arrearages; amending K.S.A. 1996 Supp. 32-937 and 60-2403 and repealing the existing sections, by Representatives Landwehr, Compton, P. Long and Pottorff. HB 2466, An act enacting the Kansas opportunity scholarship act; providing a credit from income taxation for certain education expenses; amending K.S.A. 1996 Supp. 79-32,117 and repealing the existing section, by Representatives Landwehr and Powell, Compton, Donovan, Farmer, Mayans, O'Connor, Presta and Wagle. HB 2467, An act relating to property taxation; concerning the exemption therefrom for real property used for religious purposes; amending K.S.A. 1996 Supp. 79-201 and repealing the existing section, by Representative Carmody. HB 2468, An act concerning liens; relating to the filing thereof; amending K.S.A. 582254 and repealing the existing section, by Representatives Flora, Bradley, Crow, Hutchins, Kirk, Kuether, Mays, Nichols, Packer, Phelps, Ruff, Toelkes and Welshimer. HB 2469, An act concerning district magistrate judges; establishing two positions in the third judicial district; amending K.S.A. 1996 Supp. 20-338 and repealing the existing section, by Representative Flora. HB 2470, An act concerning costs; relating to debts owed to courts; amending K.S.A. 1996 Supp. 75-719 and repealing the existing section, by Representatives Flora, Bradley, Crow, Hutchins, Kirk, Klein, Mays, Nichols, Packer, Phelps, Ruff, Sawyer, Storm and Toelkes. HB 2471, An act concerning counties; relating to roads; amending K.S.A. 68-102 and repealing the existing section, by Representatives Flora, Bradley, Hutchins, Kirk, Kuether, Mays, Nichols and Toelkes. HB 2472, An act concerning counties; relating to the enforcement of county codes and resolutions; amending K.S.A. 19-101d and repealing the existing section, by Representatives Flora, Bradley, Hutchins, Kirk, Kuether, Mays, Nichols and Toelkes. HB 2473, An act concerning court trustees; relating to collections; amending K.S.A. 23492, 23-493, 23-495, 23-496, 23-497, 23-498 and 23-4,100 and K.S.A. 1996 Supp. 60-2310 and 75-6202 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 75-6202a, by Representatives Flora, Bradley, Cox, Hutchins, Kirk, Kuether, Mays, Packer, Phelps and Toelkes. HOUSE CONCURRENT RESOLUTION No. 5017-- By Representatives Wagle and Palmer and Campbell, Compton, Dahl, Hayzlett, Johnson, Landwehr, P. Long, Mason, Mayans, McCreary, Mollenkamp, J. Peterson, Powell and Stone A CONCURRENT RESOLUTION memorializing the Congress of the United States to propose an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to congressional veto. WHEREAS, All 33 amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and WHEREAS, More than 400 petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and WHEREAS, There should be a proper balance of national and state power in a federal system; the present mechanism for the states to initiate a constitutional convention has 160 JOURNAL OF THE HOUSE proved to be unworkable; and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and WHEREAS, An Intergovernmental Partnership Task Force proposed in its 1989 report to the Intergovernmental Affairs Committee of The Council of State Governments an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and WHEREAS, The gist of the Task Force proposal is to enable the legislatures of threefourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both Houses within two years of the states' submission of the amendments; and WHEREAS, This proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the legislature request the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which in essence provides that: Whenever three-fourths of the legislatures of the several states deem it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the House of Representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period; and Be it further resolved: That the legislature request the legislatures of the several states to apply to Congress for the proposal of this amendment to the Constitution of the United States; and Be it further resolved: That copies of this resolution be sent by the Chief Clerk of the House of Representatives to the President of the Senate and the Speaker of the House of Representatives of the United States, to each of the senators and representatives from Kansas, and to the legislatures of each of the several states, attesting to the adoption of this resolution. INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS The following resolution was introduced and read by title: HOUSE RESOLUTION No. 6010 By Representatives Phill Kline and Shallenburger A RESOLUTION urging the department of commerce and housing to seek the ablishment of a world trade center in the Kansas City statistical metropolitan area. TOPEKA, KAN., Friday, February 14, 1997, 10:00 a.m. WHEREAS, Foreign export of Kansas goods and services currently constitute an important portion of the Kansas economy; and WHEREAS, Export oriented businesses provide quality, high-paying jobs for Kansas citizens; and WHEREAS, The establishment of a world trade center in Kansas could greatly enhance the export of Kansas goods and services: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas: That the Secretary of Commerce and Housing be urged to conduct a study assessing the possibility of establishing a world trade center in the Kansas City statistical metropolitan area. Such study should include an analysis of the probability of establishing a center and the procedures which may be necessary to facilitate the center's establishment. The secretary should further be urged to report the results of the study as a part of the department's 1997 annual report. February 14, 1997 161 REPORT ON ENGROSSED BILLS HB 2055, 2056, 2058, 2137 reported correctly engrossed February 13, 1997. On motion of Rep. Sawyer, the House adjourned until 11:00 a.m., Monday, February 17, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+