J o u r n a l o f t h e H o u s e FORTY-FIRST DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Wednesday, March 12, 1997, 11:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 122 members present. Reps. Hayzlett, McKinney and Shore were excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, Shakespeare said ``Lilies that fester smell far worse than weeds.'' (Sonnets (1609), 94, 14.), and Thoreau said ``There is no odor so bad as that which arises from goodness tainted.'' (``Economy'', Walden (1854)). Lord, with the spiritual war that goes on in these high places of authority, according to Ephesians 6:12, and with the host of evil offers that swarm around us, keep us both personally and professionally. Hold us . . . preserve us, and ``Lead us not into temptation, but deliver us from evil.'' (Matthew 6:13) Show us when to apply the brakes . . . when and when not to turn. And even as Joseph, in Genesis 39:12, ran to avoid corruption, give us that same determination. Let each person in this House contribute to the sweetness of this House, uncompromising stands on Your principles. I come to You in the Name of the Christ, Amen and Amen. MESSAGE FROM THE GOVERNOR HB 2080 approved on March 12, 1997. MESSAGE FROM THE SENATE Announcing passage of SB 72, 379. Also, announcing passage of HB 2104, 2183. Also, passage of HB 2057, as amended; HB 2071, as amended; HB 2083, as amended. The Senate nonconcurs in House amendments to SB 17, requests a conference and has appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate. INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS The following Senate bills were thereupon introduced and read by title: SB 72, 379. CONSENT CALENDAR No objection was made to SB 135 appearing on the Consent Calendar for the second day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2107, An act relating to sales taxation; concerning exemptions therefrom; defining accommodations broker and imposing such tax on services performed by such broker; amending K.S.A. 12-1693 and 12-1697 and K.S.A. 1996 Supp. 12-1692, 12-1696, 79-3603 and 79-3606 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 88; Nays 34; Present but not voting 0; Absent or not voting 3. 402 JOURNAL OF THE HOUSE Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Bradley, Burroughs, Campbell, Compton, Correll, Dahl, Dean, Dreher, Edmonds, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilmore, Gregory, Haley, Helgerson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk, Klein, Phill Kline, Kuether, Landwehr, Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, Myers, Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, J. Peterson, Pottorff, Powell, Powers, Presta, Reardon, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wilson. Nays: Aurand, Boston, Carmody, Cox, Crow, Dillon, Empson, Faber, Gilbert, Glasscock, Grant, Henderson, Jennison, Phil Kline, Krehbiel, Lane, Lloyd, McKechnie, Minor, Mollenkamp, Morrison, Osborne, E. Peterson, Phelps, Ray, Reinhardt, Ruff, Samuelson, Sawyer, Storm, Thimesch, Wells, Wempe, Wilk. Present but not voting: None. Absent or not voting: Hayzlett, McKinney, Shore. The bill passed, as amended. EXPLANATIONS OF VOTE Mr. Speaker: We vote no on HB 2107. We have exempted several types of sales from tax but without a coherent discussion of all the implications. The first implication is that we may have repealed all local sales taxes on food, Girl Scout cookies, etc. Churches and non-profits are protected by the same police and firemen that anyone else is. The Girl Scouts walk down sidewalks and streets paid for with sales tax. Are we afraid to discuss lowering sales taxes across the board because we may then be unable to sponsor individual exemption bills? Let's work harder on a more coherent tax policy for this state.--Tim Carmody, Jim Morrison, John M. Faber, Gayle Mollenkamp, Al Lane, Ray L. Cox, Kenny A. Wilk Mr. Speaker: I vote no on HB 2107 for the following reasons: Most of the exemptions contained within this bill are ones with which I heartily agree. However, I believe in its present state it is unrealistic and doesn't have a chance to actually become law. For me to vote ``aye'' would be for appearance only. I will not do that. I believe there is still a possibility we can come together to draft a reasonable tax policy with logical provision for worthy causes. I am committed to working toward that end and so I vote No.--Ethel M. Peterson, Eber Phelps Mr. Speaker: I vote no on HB 2107 because I believe it is an irresponsible action on the part of this body. I would have voted yes on the original bill exempting churches with its minimal fiscal impact. After the Committee amendments I had many concerns about the $8 million fiscal note on the bill but was still supportive. When the ``decorating party'' began on the floor of the House it became apparent this was not a responsible approach to helping these organizations. I believe all of these exemptions can be individually defended but when they are added to the property tax reductions passed earlier (HB2031), they cannot be justified. I cannot support sending such bills to the Senate and/or the Governor in the hopes they will get us out of a bad situation.--Gerry Ray, Kent Glasscock Mr. Speaker: I must vote NO on HB 2107. While I support many provisions in this bill, the reality of this bill is that the people of Kansas cannot afford the price tag that goes along. This is not responsibly cutting taxes for the citizens of Kansas. It is political expediency at its worst, when we decide to get serious and look at realistic proposals, rather than reckless politics, the people of Kansas will benefit. Until that time, I hope a reasoned, balanced look at tax cuts will prevail this session.--Tom Sawyer, Marti Crow, Dan Thimesch, Bob Grant, Ruby Gilbert, Sue Storm Mr. Speaker: I reluctantly vote yes on HB 2107. While I support many of the tax exemptions defined in this bill, the price tag that comes with these exemptions are much more than the state can realistically afford, which, I fear, could prohibit us from creating opportunities in the future. March 12, 1997 403 Hopefully, a more responsible and affordable set of tax exemptions will come with further debate on this issue. As we continue our discussion on tax cuts, we must remain cognizant that these cuts come with a price. It is my hope the final cost isn't too heavy for us to bear.-Bruce Larkin, Dixie Toelkes, Vaughn L. Flora On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Minor in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Minor, Committee of the Whole report, as follows, was adopted: Recommended that committee report to HB 2298 be adopted and the bill be passed as amended. Committee report to SB 147 be adopted and the bill be passed as amended. Committee report to HB 2389 be adopted and the bill be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Business, Commerce and Labor recommends SB 83, as amended by Senate Committee, be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Thej Committee on Business, Commerce and Labor recommends SB 121 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 Environment recommends SB 237, 275 be passed and, because the committee is of the opinion that the bills are of a noncontroversial nature, be placed on the consent calendar. The Committee on Federal and State Affairs recommends HB 2479 be passed. The Committee on Federal and State Affairs recommends HB 2484 be amended on page 1, in line 26, by striking ``gifts'' and inserting ``donations''; in line 31, by striking all after ``investigations''; by striking all of lines 32 and 33; in line 34, by striking ``ernor'' and inserting ``of gubernatorial appointees at the request of the governor, subject to the appointee's approval. The bureau shall require the appointee to be fingerprinted. The fingerprints shall be submitted to the bureau and to the federal bureau of investigation for the identification of the appointee and to obtain criminal history record information, including arrest and nonconviction data. Background reports may include criminal intelligence information and information relating to criminal and background investigations. Information received pursuant to this subsection shall be confidential and shall not be disclosed except to the governor or members of the governor's staff as necessary to determine the appointee's qualifications''; and the bill be passed as amended. Upon unanimous consent, the House referred back to the regular order of business, Introduction of Bills and Concurrent Resolutions. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill and concurrent resolution were introduced and read by title: HB 2523, An act concerning social welfare; relating to transitional medical care services; health care coverage for children; amending K.S.A. 1996 Supp. 39-7,122 and repealing the existing section, by Committee on Appropriations. HOUSE CONCURRENT RESOLUTION No. 5022-- By Representative Weiland A PROPOSITION to amend section 1 of article 5 of the constitution of the state of Kansas, relating to qualifications of electors. 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 5 of the constitution of the state of Kansas is hereby amended to read as follows: 404 JOURNAL OF THE HOUSE ``(section) 1. Qualifications of electors. Every citizen of the United States who has attained the age of eighteen years and who resides in the voting area in which ~~he or she~~ such citizen seeks to vote shall be deemed a qualified elector. In addition thereto, every citizen of the United States who has attained the age of eighteen years on or before the date of any general election, and is otherwise qualified as provided by law, shall be deemed a qualified elector for the purpose of voting at the primary election held for the purpose of nominating candidates for such general election and for voting upon any proposition submitted at any question submitted election held in conjunction with such primary election. Laws of this state relating to voting for presidential electors and candidates for the office of president and vice-president of the United States shall comply with the laws of the United States relating thereto. A citizen of the United States, who is otherwise qualified to vote in Kansas for presidential electors and candidates for the offices of president and vice-president of the United States may vote for such officers either in person or by absentee ballot notwithstanding the fact that such person may have become a nonresident of this state if ~~his or her~~ such person's removal from this state occurs during a period in accordance with federal law next preceding such election. A person who is otherwise a qualified elector may vote in the voting area of ~~his or her~~ such person's former residence either in person or by absentee ballot notwithstanding the fact that such person may have become a nonresident of such voting area during a period prescribed by law next preceding the election at which ~~he or she~~ such person seeks to vote, if ~~his~~ such new residence is in another voting area in the state of Kansas.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. The purpose of this amendment is to authorize persons becoming 18 years of age on or before the date of any general election to vote at the primary election held for the nomination of candidates for such general election even though such person is 17 years of age at the time of the primary election and to vote upon any proposition submitted at a question submitted election held in conjunction with such primary election. ``A vote for this amendment would favor authorizing persons becoming 18 years of age on or before the date of any general election to vote at the primary election held for the nomination of candidates for such general election and to vote upon any propositions submitted at a question submitted election held in conjunction with such primary election. ``A vote against this amendment would favor making no change in the current law requiring that a person has attained the age of 18 years to become a qualified elector for the purpose of voting.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as provided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election in the year 1998 unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election. REPORT ON ENGROSSED BILLS HB 2107 reported correctly engrossed March 12, 1997. On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Thursday, March 13, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+