J o u r n a l o f t h e H o u s e FIFTY-SEVENTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Thursday, April 3, 1997, 9:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 122 members present. Rep. Dean was excused on verified illness. Rep. Helgerson was excused on legislative business. Rep. Packer was excused on excused absence by the Speaker. Prayer by the Rev. Peter A. Luckey, pastor, Plymouth Congregational Church, Lawrence, and guest of Rep. Ballard: Gracious God, this morning we seek your presence and power. We ask that your Spirit move in and through this chamber, as well as our hearts. Lead us, and guide us with Your wisdom, as we make decisions that affect the lives of many. Help us, God, as we go about our work here of being legislators to always have a picture in our minds of all the people who will be affected by the decisions we make here today. When the language of government becomes abstract and complicated, remind us that beyond the theories are always individual men, women and children, who have the same hopes, fears and longings as ourselves. Stir up our imagination, O God. Challenge us to a higher purpose. Give us the vision to see the ``bigger picture.'' And at the same time we ask for courage to stand fast with our convictions, we also ask for humility to listen. Make us mindful of the people who have placed their trust in us to represent them. Especially, remind us that we are to be a voice for the voiceless, for the poor, the marginalized, the pow erless. Finally, grant to us the patience to listen to those with whom we so strongly disagree. At last, God, remind us of the infinite number of ways we are blessed, even in times of difficulty. Not only that we live in this great state, but we are blessed with this moment, this day. We have been given purpose and reason for our lives. There is work to be done. And so we say, thanks be to you, that you have given us this day. Be with us throughout it, and in all the days to come. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Rep. Jennison, HCR 5025, by Reps. Shallenburger and Sawyer, as follows, was introduced and adopted: HOUSE CONCURRENT RESOLUTION No. 5025-- A CONCURRENT RESOLUTION relating to the adjournment of the senate and house f representatives for a period during the 1997 regular session of the legislature. Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the legislature shall adjourn at the close of business of the daily session convened on April 4, 1997, and shall reconvene on April 9, 1997, pursuant to adjournment of the daily session convened on April 4, 1997; and Be it further resolved: That the chief clerk of the house of representatives and the secretary of the senate and employees specified by the director of legislative administrative services for such purpose shall attend their duties each day during periods of adjournment, 752 JOURNAL OF THE HOUSE Sundays excepted, for the purpose of receiving messages from the governor and conducting such other business as may be required; and Be it further resolved: That members of the legislature shall not receive the per diem compensation and subsistence allowances provided for in subsections (a) and (b) of K.S.A. 1996 Supp. 46-137a from April 5, 1997, through April 8, 1997, inclusive; and Be if further resolved: That members of the legislature attending a legislative meeting of whatever nature when authorized pursuant to law or by the President of the Senate or the Speaker of the House of Representatives and members of a conference committee attending a meeting of the conference committee authorized by the President of the Senate and the Speaker of the House of Representatives during the period of adjournment from April 5, 1997, through April 8, 1997, inclusive, shall receive compensation and travel ex penses or allowances as provided by K.S.A. 75-3212 except that the mileage allowance shall be limited during such period of adjournment to one full trip by the usual route in going to and returning from an authorized meeting. CHANGE OF REFERENCE Speaker Shallenburger announced the withdrawal of SB 137 from Committee on Cal endar and Printing and rereferral to Committee on Business, Commerce and Labor. MESSAGES FROM THE SENATE Announcing passage of SB 154, 242. Announcing passage of HB 2127, 2150. Also, passage of HB 2272, as amended by S. Sub. for HB 2272; HB 2350, as amended; HB 2490, as amended. The Senate concurs in House amendments to Sub. SCR 1601. The Senate concurs in House amendments to SCR 1608. The Senate concurs in House amendments to SCR 1609. The Senate concurs in House amendments to SB 282 and requests return of the bill. The Senate adopts conference committee report on HB 2045 . The Senate not adopts the conference committee report on HB 2071, requests a new conference committee be appointed and has appointed Senators Steffes, Praeger and Fe leciano as second conferees on the part of the Senate. Also, the Senate nonconcurs in House amendments to SB 7, requests a conference and has appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate. The Senate nonconcurs in House amendments to SB 68, requests a conference and has appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate. The Senate nonconcurs in House amendments to SB 87, requests a conference and has appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate. The Senate nonconcurs in House amendments to SB 106, requests a conference and has appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate. The Senate nonconcurs in House amendments to SB 146, 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 214, requests a conference and has appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate. The Senate nonconcurs in House amendments to SB 262, requests a conference and has appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate. The Senate nonconcurs in House amendments to H. Sub. for SB 264, requests a con ference and has appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate. The Senate accedes to the request of the House for a conference on HB 2230 and has appointed Senators Emert, Schraad and Goodwin 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 154, 242. April 3, 1997 753 INTRODUCTION OF ORIGINAL MOTIONS On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on HB 2071. Speaker Shallenburger thereupon appointed Reps. Bradley, Wilson and Kirk as second conferees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 7. Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and Larkin as con ferees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 68. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con ferees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 87. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con ferees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 106. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Pauls as confer ees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 146. Speaker Shallenburger thereupon appointed Reps. Flower, Ballou and Weiland as con ferees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 214. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Klein as confer ees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 262. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con ferees on the part of the House. On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on H. Sub. for SB 264. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con ferees on the part of the House. CONSENT CALENDAR Objection was made to SB 16 appearing on the Consent Calendar; the bill was placed on the calendar under the heading of General Orders. No objection was made to HB 2390 appearing on the Consent Calendar for the first day. No objection was made to HB 2351; SB 124 appearing on the Consent Calendar for the second day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 11, An act concerning retirement, pensions and benefits of public officers and em ployees; relating to the Kansas public employees retirement system and systems thereunder; benefits and contributions; definitions; purchase of service credit; district magistrate judges; long-term disability benefits and retirement annuity for disabled judges; state school retire ment system; arrearages; annual final average salary adjustment; hearing officers; earnings after retirement; workers compensation and social security offset; creation of shared earn ings reserve; retirant payment; audits of the Kansas public employees retirement system; funding and administration of death benefits for certain state officers and employees; amending K.S.A. 20-2609, 20-2610, 20-2620 and 72-5501 and K.S.A. 1996 Supp. 20-2601, 74-4902, 74-4904, 74-4908, 74-4910, 74-4911f, 74- 4913, 74-4914, 74-4914e, 74-4919a, 744919c, 74-4919h, 74-4919n, 74-4919p, 74-4919q, 74- 4920, 74-4921, 74-4922, 74-4927, 74 754 JOURNAL OF THE HOUSE 4936a, 74-4957, 74-4957a, 74-4966 and 74-4990 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 117; Nays 5; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Fa ber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gil bert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol lenkamp, Morrison, Myers, Neufeld, Nichols, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Sa muelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Aurand, Correll, Freeborn, O'Connor, Tomlinson. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. SB 18, An act relating to governmental agencies, officers and employees; concerning governmental ethics, funds and moneys and contracts; amending K.S.A. 10-116a, 10-427a, 10-1202, 10-1211, 46-235, 46-242, 46-247, 46-267, 846-285, 59-2006, 66-1513, 75-430a, 751250, 75-1254, 75- 1255, 75-1265, 75-3738, 75-3784, 75-3799, 75-5310a, 75-5801 and K.S.A. 1996 Supp. 10-106, 40-3410, 40-3411, 44-566a, 46-233, 74-8904, 75-1251, 75-1253, 751258, 75-3739, 75-3740, 75-37,102, 75-5802, 75-5803, 75-5804 and 76-745 and repealing the existing sections; and also repealing K.S.A. 75-1256, 75-1257, 75-1258 and 75-5805 and K.S.A. 1996 Supp. 75-5806 and 75-5807, was considered on final action. On roll call, the vote was: Yeas 117; Nays 4; Present but not voting 1; Absent or not voting 3. Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Boston, Bradley, Burroughs, Camp bell, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Far mer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peter son, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vick rey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Adkins, Benlon, Phil Kline, Shore. Present but not voting: Carmody. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. H. Sub. for SB 36, An act concerning school districts; authorizing the adoption of local option budgets; providing a procedure for authorization to increase such budgets; revising the definition of local effort; amending K.S.A. 1996 Supp. 72-6410, as amended by section 2 of 1997 House Bill No. 2031, and 72-6433 and repealing the existing sections; also re pealing K.S.A. 1996 Supp. 72-6433a, was considered on final action. On roll call, the vote was: Yeas 73; Nays 49; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Campbell, Carmody, Correll, Cox, Crow, Dillon, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Gerin ger, Gilbert, Gilmore, Grant, Gregory, Hayzlett, Henry, Horst, Huff, Jennison, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Larkin, Lloyd, J. Long, McClure, April 3, 1997 755 McKinney, Minor, Myers, Nichols, O'Neal, Pauls, E. Peterson, Phelps, Pottorff, Powers, Ray, Reardon, Reinhardt, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Thimesch, Toelkes, Wells, Wel shimer, Wempe, Wilson. Nays: Aurand, Ballou, Bradley, Burroughs, Compton, Dahl, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Glasscock, Haley, Henderson, Holmes, Howell, Humerick house, Hutchins, Johnson, Kejr, Landwehr, Lane, P. Long, Mason, Mayans, Mays, Mc Creary, McKechnie, Mollenkamp, Morrison, Neufeld, O'Connor, Osborne, Palmer, J. Pe terson, Powell, Presta, Ruff, Spangler, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wilk. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The substitute bill passed, as amended. EXPLANATIONS OF VOTE Mr. Speaker: I vote ``No'' on H. Sub. for SB 36. When the authorization for Local Option Budgets was first passed, the Legislature entered into a covenant with the taxpayers of Kansas to allow the citizens the right to vote on proposed LOB tax increases. Last year, the Legislature extended LOB authority without allowing taxpayer approval. This action was, in my opinion, unconscionable. H. Sub. for SB 36 has the effect of permanently disenfranchising the taxpayers of the State of Kansas. This bill is nothing less than an assault on the taxpayers of Kansas. I em phatically vote ``No''.--John T. Edmonds Mr. Speaker: My no vote does not reflect on the integrity of H. Sub. for SB 36. I do think it offers a solution to the ongoing inequity of the current Local Option Budget. This bill addresses the inequity of school finance in districts across the state and offers a solution to districts that can or cannot pass an LOB. The problem with this bill is, it takes away the people's right to protest a Local Option Budget and a vote it up or down, as promised several years ago.--John Faber Mr. Speaker: I vote ``yes'' on H. Sub. for SB 36. As a member of the local option budget ad hoc committee I was committed to helping develop an alternative to the current LOB law. The alternative we agreed upon is not a solution, but it is a better alternative than jeopardizing nearly $200 million in public school funding. It helps narrow the gap between the ``haves'' and ``have nots'' and of all the alternatives considered, has the least impact on the right of voters to protest large LOB increases. True reform of LOBs, however, must be our ultimate goal.--Michael R. ``Mike'' O'Neal Mr. Speaker: I vote ``No'' on H. Sub. for SB 36. I feel that the taxpaying public has been led to believe that LOB issues would continue to be subject to, at least, a protest petition. This bill does not allow for that, and, in my judgement offends the integrity of this house. Mine is not a vote against schools. It is a vote for allowing the taxpayer the opportunity to vote on new taxes or continued taxation that is scheduled to lapse.--Ralph Tanner, Kenny A. Wilk, Billie Vining, James F. Morrison, Becky Hutchins, Tom Bradley, Verlyn D. Osborne, Clay Aurand, Susan Wagle, Jeff Peterson, Shari Weber, Joann Flower, L. Candy Ruff, Brenda Landwehr SB 116, An act concerning public officers and employees; changing the name of the Kansas commission on governmental standards and conduct; limiting certain contributions; imposing certain penalties; relating to contributions for the election of such officers; con cerning certain fines; relating to certain publications; relating to terms of office; amending K.S.A. 21-3914, 25-2023, 25- 4119a, 25-4119e, 25-4153a, 25-4156, 25-4180, 45-220, 46246a, 46-253, 46-271, 46-280116 and 46-288 and K.S.A. 1996 Supp. 25-4119f, 25-4143, 254145, 25-4152, 25-4181, 25-4186, 46-236, 46-237, 46-265, 75-4302a and 75-4303a and re pealing the existing sections; also repealing K.S.A. 46-277, was considered on final action. On roll call, the vote was: Yeas 109; Nays 13; Present but not voting 0; Absent or not voting 3. 756 JOURNAL OF THE HOUSE Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Emp son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner, Ger inger, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mayans, Mays, McClure, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Os borne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Show alter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wil son. Nays: Aurand, Freeborn, Hayzlett, Jennison, Kejr, Lloyd, Mason, McCreary, Minor, Neu feld, O'Connor, Shore, Thimesch. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. EXPLANATION OF VOTE Mr. Speaker: I must vote no on SB 116, an ethics bill. Midnight hour amending of legislation questions the merits of the bil. The commission name change will cost taxpayers. A potential $100 fine for an accidental error in records keeping could become a tool of harassment. If a citizen wishes to distribute a flyer against a candidate who has threatened harm, the citizen must identify himself or be guilty of ``corrupt political advertising''. This may be unconstitutional. A late hour attempted amendment would have prohibited a leg islator from selling a box of Girl Scout cookies to a lobbyist. This is bad process for making law.--Kay O'Connor SB 152, An act concerning the high performance incentive program; amending K.S.A. 1996 Supp. 74-50,131 and 74-50,134 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 106; Nays 16; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Camp bell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Far mer, Feuerborn, Findley, Flaharty, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Huff, Humerickhouse, Hutchins, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Alldritt, Aurand, Edmonds, Flora, Horst, Howell, Jennison, Johnson, Larkin, Lloyd, McKechnie, Mollenkamp, Neufeld, Powers, Schwartz, Shallenburger. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. HB 227, An act concerning annual reports of business associations; amending K.S.A. 172718, 17-7503, 17-7504, 17-7505, 17-7647, 17-7648, 56-1a606 and 56-1a607 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 63; Nays 59; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Bradley, Campbell, Carmody, Compton, Cox, Dahl, Dreher, Empson, Faber, Flower, Franklin, Freeborn, Geringer, Gil more, Glasscock, Gregory, Horst, Howell, Huff, Humerickhouse, Hutchins, Phill Kline, Landwehr, Lane, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, McKechnie, Morrison, April 3, 1997 757 Myers, O'Connor, O'Neal, Osborne, Palmer, J. Peterson, Pottorff, Powell, Presta, Ray, Rein hardt, Samuelson, Schwartz, Shriver, Shultz, Sloan, Stone, Tanner, Tomlinson, Vining, Wa gle, Weiland, Wells, Wilk, Wilson. Nays: Alldritt, Ballou, Boston, Burroughs, Correll, Crow, Dillon, Edmonds, Farmer, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Haley, Hayzlett, Henderson, Henry, Holmes, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Larkin, J. Long, McClure, McKinney, Minor, Mollenkamp, Neufeld, Nichols, Pauls, E. Peterson, Phelps, Powers, Reardon, Ruff, Sawyer, Shallenburger, Sharp, Shore, Showalter, Spangler, Storm, Swenson, Thimesch, Toelkes, Toplikar, Vickrey, Weber, Wel shimer, Wempe. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. SB 237, An act concerning the migratory waterfowl stamp; amending K.S.A. 32-939 and repealing the existing section; also repealing K.S.A. 32-940, was considered on final action. On roll call, the vote was: Yeas 108; Nays 13; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuer born, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neu feld, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Pottorff, Powell, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Alldritt, Correll, Crow, Edmonds, Garner, Johnston, Klein, Nichols, Phelps, Pow ers, Shallenburger, Sharp, Wempe. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer, Presta. The bill passed. Sub. SB 317, An act abolishing the Kansas state grain inspection department; relating to the transfer of duties and powers thereof; amending K.S.A. 34-101, 34-101c, 34-102, 34111, 34-223, 34-227b, 34-229, 34-230, 34-230a, 34-230b, 34-231, 34-233, 34-235, 34-236, 34-238, 34-241a, 34-246, 34-249a, 34-251, 34-257a, 34-273, 34-295a, 34-295b, 34-298, 34299, 34-2,104 and 34-2,110 and K.S.A. 1996 Supp. 34-101b, 34-125, 34-228, 74-4911f, 75-3170a and 77-415 and repealing the existing sections; also repealing K.S.A. 34-101a, 34101d, 34-102a, 34-104, 34-105, 34-106, 34-107, 34-110, 34-112a, 34-113, 34-121, 34-122, 34-123, 34-124, 34-127, 34-224, 34-227 34-227a, 34-2,100, 75-1701, 75-1702, 75-1703, 751704, 75-1706, 75-1709 and 75-1711 and K.S.A. 1996 Supp. 34-102b, 34-103a and 34-2,108, was considered on final action. On roll call, the vote was: Yeas 103; Nays 19; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Feuerborn, Findley, Flaharty, Flower, Franklin, Freeborn, Geringer, Gil bert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Klein, Phil Kline, Phill Kline, Krehbiel, Lane, Lloyd, P. Long, Mason, Mayans, Mays, McClure, McCreary, Mc Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Os borne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Rein hardt, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Tanner, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wa gle, Weber, Weiland, Welshimer, Wempe, Wilk, Wilson. 758 JOURNAL OF THE HOUSE Nays: Crow, Farmer, Flora, Garner, Horst, Johnston, Kirk, Kuether, Landwehr, Larkin, J. Long, McKechnie, Powers, Reardon, Ruff, Spangler, Swenson, Toelkes, Wells. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The substitute bill passed, as amended. EXPLANATION OF VOTE Mr. Speaker: Last year this body passed a bill which outlined the questions which needed to be answered when privatization is contemplated. I have heard little assurance that those issues have been considered and addressed in a fair manner. For these reasons I vote no on Sub. SB 317.--Deena Horst HR 6012, A resolution urging the Legislature of the State of Kansas, the Secretary of Agriculture of the State of Kansas and the United States Department of Agriculture to continue communication efforts with and assist small meat processing plants in compliance efforts relating to meat and poultry inspection and requesting the Legislative Coordinating Council to authorize an interim study on the state's compliance efforts, was considered on final action. On roll call, the vote was: Yeas 118; Nays 4; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Pal mer, Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Crow, Freeborn, E. Peterson, Spangler. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The resolution was adopted. MOTIONS TO CONCUR AND NONCONCUR On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to S. Sub. for HB 2272 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Phil Kline, Farmer and Helgerson as conferees on the part of the House. On motion of Rep. Allen, the House nonconcurred in Senate amendments to HB 2350 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Allen, Palmer and Wempe as confer ees on the part of the House. On motion of Rep. Powers, the House nonconcurred in Senate amendments to HB 2490 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Glasscock, Powers and Welshimer as conferees on the part of the House. CONFERENCE COMMITTEE REPORT Mr. Speaker: Your committee on conference on Senate amendments to HB 2045, submits the following report: The House accedes to all Senate amendments to the bill, and your committee on con ference further agrees to amend the bill, as printed with Senate Committee of the Whole amendments, as follows: On page 2, in lines 24 and 25, by striking ``40-3905'' and inserting ``40-3906''; April 3, 1997 759 On page 3, in line 17, after ``as'' by inserting ``the''; And your committee on conference recommends the adoption of this report. Don Steffes Paul Feleciano, Jr. Sandy Praeger Conferees on part of Senate Tom Bradley Dennis M. Wilson Nancy A. Kirk Conferees on part of House On motion of Rep. Bradley, the conference committee report on HB 2045 was adopted. On roll call, the vote was: Yeas 115; Nays 6; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gerin ger, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol lenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peter son, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Ballou, Edmonds, Mayans, Neufeld, Swenson, Vickrey. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer, Storm. INTRODUCTION OF ORIGINAL MOTIONS On emergency motion of Rep. Jennison, pursuant to House Rule 2311, SB 22, 51, 53, 184, 162; HCR 5004 were advanced to Final Action on Bills and Concurrent Resolutions, subject to amendment, debate and roll call. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS Committee report to SB 22 was adopted; also, on motion of Rep. Shore to amend, Rep. Larkin requested a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment not germane. Rep. Shore challenged the ruling, the question being ``Shall the Rules Chair be sustained?'' The Rules chair was sustained. SB 22, An act relating to property taxation; concerning the exemption of certain industrial training center buildings; concerning county appraiser appointments; amending K.S.A. 19430 and K.S.A. 1996 Supp. 79-201a and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Emp son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Gar ner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John ston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKin ney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Rear don, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showal ter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, 760 JOURNAL OF THE HOUSE Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: None. Present but not voting: None. Absent or not voting: Boston, Dean, Helgerson, Packer. The bill passed, as amended. Committee report to SB 51 was adopted; also, on motion of Rep. Correll was amended on page 5, after line 29, by inserting the following: ``Sec. 3. K.S.A. 79-3235 is hereby amended to read as follows: 79-3235. If any tax im posed by this act or any portion of such tax is not paid within 60 days after it becomes due, the secretary or the secretary's designee shall issue a warrant under the secretary's or the secretary's designee's hand and official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon and sell the real and personal property of the taxpayer found within the sheriff's county for the payment of the amount thereof, with the added penalties, interest and the cost of executing the warrant and to return the warrant to the secretary or the secretary's designee and pay to the secretary or the secretary's designee the money collected by virtue of it not more than 60 days from the date of the warrant. The sheriff, within five days after the receipt of the warrant, shall file with the clerk of the district court of the county a copy thereof, and thereupon the clerk shall either enter in the ap pearance docket the name of the taxpayer mentioned in the warrant, the amount of the tax or portion of it, interest and penalties for which the warrant is issued and the date such copy is filed and note the taxpayer's name in the general index. No fee shall be charged for either entry. The amount of such warrant so docketed shall thereupon become a lien upon the title to and interest in the real property of the taxpayer against whom it is issued. The sheriff shall proceed in the same manner and with the same effect as prescribed by law with respect to executions issued against property upon judgments of a court of record and shall be entitled to the same fees for services to be collected in the same manner. The court in which the warrant is docketed shall have jurisdiction over all subsequent proceedings as fully as though a judgment had been rendered in the court. In the discretion of the secretary or the secretary's designee a warrant of like terms, force and effect may be issued and directed to any officer or employee of the secretary, and in the execution thereof such officer or employee shall have all the powers conferred by law upon sheriffs, and the subsequent proceedings thereunder shall be the same as provided where the warrant is issued directly to the sheriff. The taxpayer shall have the right to redeem the real estate within a period of 18 months from the date of such sale. If a warrant is returned, unsatisfied in full, the secretary or the secretary's designee shall have the same remedies to enforce the claim for taxes as if the state of Kansas had recovered judgment against the taxpayer for the amount of the tax. No law exempting any goods and chattels, lands and tenements from forced sale under execution shall apply to a levy and sale under any such warrant or upon any execution issued upon any judgment rendered in any action for income taxes. Except as provided further, the secretary or the secretary's designee shall have the right ~~at any time~~ after a warrant has been returned unsatisfied or satisfied only in part, to issue alias warrants until the full amount of the tax is collected. If execution is not issued within 10 years from the date of the docketing of any such warrant, or if 10 years shall have intervened between the date of the last execution issued on such warrant, and the time of issuing another writ of execution thereon, such warrant shall become dormant, and shall cease to operate as a lien on the real estate of the delinquent taxpayer. Such dormant warrant may be revived in like manner as dormant judgment under the code of civil procedure. Sec. 4. K.S.A. 79-3617 is hereby amended to read as follows: 79-3617. Whenever any taxpayer liable to pay any sales or compensating tax, refuses or neglects to pay the tax, the amount, including any interest or penalty, shall be collected in the following manner. The secretary of revenue or the secretary's designee shall issue a warrant under the hand of the secretary or the secretary's designee and official seal directed to the sheriff of any county of the state commanding the sheriff to levy upon and sell the real and personal property of the taxpayer found within the sheriff's county to satisfy the tax, including penalty and inter est, and the cost of executing the warrant and to return such warrant to the secretary or the April 3, 1997 761 secretary's designee and pay to the secretary or the secretary's designee the money collected by virtue thereof not more than 90 days from the date of the warrant. The sheriff shall, within five days, after the receipt of the warrant file with the clerk of the district court of the county a copy thereof, and thereupon the clerk shall either enter in the appearance docket the name of the taxpayer mentioned in the warrant, the amount of the tax or portion of it, interest and penalties for which the warrant is issued and the date such copy is filed and note the taxpayer's name in the general index. No fee shall be charged for either such entry. The amount of such warrant so docketed shall thereupon become a lien upon the title to, and interest in, the real property of the taxpayer against whom it is issued. The sheriff shall proceed in the same manner and with the same effect as prescribed by law with respect to executions issued against property upon judgments of a court of record, and shall be entitled to the same fees for services. The court in which the warrant is docketed shall have jurisdiction over all subsequent proceedings as fully as though a judgment had been rendered in the court. A warrant of similar terms, force and effect may be issued by the secretary or the secretary's designee and directed to any officer or employee of the secretary or the secretary's designee, and in the execution thereof such officer or employee shall have all the powers conferred by law upon sheriffs with respect to executions issued against property upon judgments of a court of record and the subsequent proceedings thereunder shall be the same as provided where the warrant is issued directly to the sheriff. The taxpayer shall have the right to redeem the real estate within a period of 18 months from the date of such sale. If a warrant is returned, unsatisfied in full, the secretary or the secretary's designee shall have the same remedies to enforce the claim for taxes as if the state of Kansas had recovered judgment against the taxpayer for the amount of the tax. No law exempting any goods and chattels, land and tenements from forced sale under execution shall apply to a levy and sale under any of the warrants or upon any execution issued upon any judgment rendered in any action for sales or compensating taxes. Except as provided further, the secretary or the secretary's designee shall have the right ~~at any time~~ after a warrant has been returned unsatisfied, or satisfied only in part, to issue alias warrants until the full amount of the tax is collected. No costs incurred by the sheriff or the clerk of the court shall be charged to the secretary or the secretary's designee. If execution is not issued within 10 years from the date of the docketing of any such warrant, or if 10 years shall have intervened between the date of the last execution issued on such warrant, and the time of issuing another writ of execution thereon, such warrant shall become dormant, and shall cease to operate as a lien on the real estate of the delinquent taxpayer. Such dormant warrant may be revived in like manner as dormant judgments under the code of civil procedure.''; Also, on page 5, in line 30, before ``and'' by inserting ``, 79-3235 and 79-3617''; By renumbering existing sections accordingly; In the title, in line 14, by striking ``income''; in line 16, after the semicolon, by inserting ``relating to dormancy of certain tax liens;''; also, in line 16, before ``and'' by inserting ``, 793235 and 79-3617''; SB 51, An act relating to taxation; excluding distributions to stockholders of certain fi nancial institutions; relating to dormancy of certain tax liens; amending K.S.A. 79-1109, 79-3235 and 79-3617 and K.S.A. 1996 Supp. 79-32,117 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lar kin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, 762 JOURNAL OF THE HOUSE Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: None. Present but not voting: None. Absent or not voting: Dean, Helgerson, Phil Kline, Packer. The bill passed, as amended. Committee report to SB 53 was adopted. SB 53, An act relating to debt limitations of certain municipalities; repealing K.S.A. 795037, was considered on final action. On roll call, the vote was: Yeas 111; Nays 11; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Campbell, Car mody, Compton, Correll, Cox, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glas scock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Huff, Humer ickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Pow ell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallen burger, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Alldritt, Ballou, Burroughs, Crow, Edmonds, Garner, Howell, McKinney, Minor, Sharp, Spangler. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. Committee report to SB 184 was adopted; also, on motion of Rep. Neufeld was amended on page 7, in line 10, following ``trailer'' where it appears for the second time by inserting ``or an all-terrain vehicle''; Also, on motion of Rep. Wilson SB 184 was amended on page 12, in line 9, by striking ``and''; in line 12, by striking the period and inserting ``; and''; after line 12, by inserting the following: ``(vv) all sales of tangible personal property and services purchased by a religious organ ization which is exempt from federal income taxation pursuant to section 501 (c) (3) of the federal internal revenue code, and used exclusively for religious purposes.''; SB 184, An act relating to sales taxation; authorizing cities located within Labette county to impose a retailers' sales tax; amending K.S.A. 1996 Supp. 12-188 and 79-3606; and re pealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 115; Nays 7; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flower, Franklin, Freeborn, Gar ner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John ston, Kejr, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Pal mer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Rein hardt, Ruff, Samuelson, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilson. Nays: Crow, Flora, Kirk, Reardon, Sawyer, Spangler, Wilk. April 3, 1997 763 Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. Committee report to SB 162 was adopted; also, roll call was demanded on motion of Rep. Larkin to amend on page 2, by striking all in lines 15 through 43; By striking all in pages 3 and 4; On page 5, by striking all in lines 1 through 37; in line 38, by striking ``79-201 and''; also, in line 38, by striking ``are'' and inserting ``is''; In the title, in line 14, by striking ``79-201 and''; in line 15, by striking ``sections'' and inserting ``section''; On roll call, the vote was: Yeas 48; Nays 74; Present but not voting 0; Absent or not voting 3. Yeas: Ballard, Benlon, Burroughs, Correll, Cox, Crow, Dillon, Empson, Feuerborn, Fin dley, Flaharty, Flora, Garner, Gilbert, Grant, Haley, Henderson, Henry, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, J. Long, McClure, McKechnie, Minor, Nichols, E. Pe terson, Phelps, Pottorff, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter, Shriver, Sloan, Spangler, Storm, Toelkes, Weiland, Wells, Welshimer, Wempe. Nays: Adkins, Alldritt, Allen, Aurand, Ballou, Beggs, Boston, Bradley, Campbell, Car mody, Compton, Dahl, Dreher, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Humer ickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Landwehr, Lane, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Powell, Powers, Presta, Ray, Schwartz, Shallenburger, Shore, Shultz, Stone, Swenson, Tanner, Thimesch, Tomlin son, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk, Wilson. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The motion of Rep. Larkin did not prevail. SB 162, An act relating to property taxation; concerning exemptions therefrom; amending K.S.A. 1996 Supp. 79-201 and 79-201j and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 100; Nays 22; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Faber, Far mer, Feuerborn, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Grant, Greg ory, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Phil Kline, Phill Kline, Landwehr, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Schwartz, Shal lenburger, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thi mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wempe, Wilk, Wilson. Nays: Burroughs, Crow, Empson, Findley, Flaharty, Flora, Garner, Gilbert, Haley, Hen derson, Kirk, Klein, Krehbiel, Kuether, Larkin, E. Peterson, Phelps, Sawyer, Sharp, Span gler, Wells, Welshimer. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The bill passed, as amended. HOUSE CONCURRENT RESOLUTION No. 5004 By Committee on Taxation A PROPOSITION to amend section 13 of article 11 of the constitution of the state of Kansas, relating to exemption of property used for oil and gas development, exploration and production purposes. 764 JOURNAL OF THE HOUSE 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 mem bers 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 13 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows: ``(section) 13. Exemption of property for economic development purposes; pro cedure; limitations. (a) The board of county commissioners of any county or the governing body of any city may, by resolution or ordinance, as the case requires, exempt from all ad valorem taxation all or any portion of the appraised valuation of: (1) All buildings, together with the land upon which such buildings are located, and all tangible personal property associated therewith used exclusively by a business for the purpose of: (A) Manufacturing articles of commerce; (B) conducting research and development; or (C) storing goods or commodities which are sold or traded in interstate commerce, which commences operations after the date on which this amendment is approved by the electors of this state; or (2) all buildings, or added improvements to buildings constructed after the date on which this amendment is approved by the electors of this state, together with the land upon which such build ings or added improvements are located, and all tangible personal property pur chased after such date and associated therewith, used exclusively for the purpose of: (A) Manufacturing articles of commerce; (B) conducting research and development; or (C) storing goods or commodities which are sold or traded in interstate commerce, which is necessary to facilitate the expansion of any such existing business if, as a result of such expansion, new employment is created; or (3) all property actually and regularly used in conjunction with the development, exploration and production of oil and gas. (b) Any ad valorem tax exemption granted pursuant to subsection (a) shall be in effect for not more than 10 calendar years after the calendar year in which the business commences its operations or the calendar year in which expansion of an existing business is completed, as the case requires. (c) The legislature may limit or prohibit the application of this section by en actment uniformly applicable to all cities or counties. (d) The provisions of this section shall not be construed to affect exemptions of property from ad valorem taxation granted by this constitution or by enactment of the legislature, or to affect the authority of the legislature to enact additional ex emptions of property from ad valorem taxation found to have a public purpose and promote the general welfare. Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would specifically authorize the exemp tion from property taxation of certain property used for oil and gas development, exploration and production purposes. ``A vote for this proposition would specifically allow the governing body of a city or county to exempt from property taxation property used in the development, ex ploration and production of oil and gas. ``A vote against this proposition would continue to allow the exemption from prop erty taxation of property used exclusively for certain economic development purposes by the governing body of a city or county.'' 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, unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be sub mitted to the electors of the state at the special election, was considered on final action. April 3, 1997 765 On roll call, the vote was: Yeas 111; Nays 11; Present but not voting 0; Absent or not voting 3. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Campbell, Compton, Correll, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerick house, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neu feld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshi mer, Wempe, Wilk, Wilson. Nays: Burroughs, Carmody, Cox, Crow, Freeborn, Gilmore, Henderson, Ray, Sharp, Spangler, Weber. Present but not voting: None. Absent or not voting: Dean, Helgerson, Packer. The resolution was adopted. MESSAGE FROM THE SENATE Announcing passage of SB 383. Announcing passage of HB 2298, 2498. Also, passage of HB 2160, as amended by S. Sub. for HB 2160; HB 2332, as amended. The Senate concurs in House amendments to SB 93. The Senate concurs in House amendments to SB 188. The Senate adopts conference committee report on HB 2202 . The Senate accedes to the request of the House for a conference on HB 2159 and has appointed Senators Oleen, Hardenburger and Jones 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 383. MOTIONS TO CONCUR AND NONCONCUR On motion of Rep. Hayzlett, the House concurred in Senate amendments to HB 2223, An act concerning cities; relating to improvements; neighborhood revitalization; amending K.S.A. 12-6a04 and 12-6a06 and K.S.A. 1996 Supp. 12-17,118 and repealing the existing sections. (The House requested the Senate to return the bill, which was in conference). On roll call, the vote was: Yeas 115; Nays 6; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Carmody, Compton, Correll, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Hu merickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nich ols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shal lenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swen son, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei land, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Ballou, Campbell, Cox, Crow, Gilmore, Glasscock. Present but not voting: None. Absent or not voting: Dean, Helgerson, Phill Kline, Packer. 766 JOURNAL OF THE HOUSE On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to S. Sub. for HB 2160 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Phil Kline, Farmer and Helgerson as conferees on the part of the House. On motion of Rep. Myers, the House nonconcurred in Senate amendments to HB 2332 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Myers, Aurand and McKinney as con ferees on the part of the House. CONFERENCE COMMITTEE REPORT Mr. Speaker: Your committee on conference on Senate amendments to HB 2202, submits the following report: The House accedes to all Senate amendments to the bill, and your committee on con ference further agrees to amend the bill, as printed with Senate Committee of the Whole amendments, as follows: On page 2, in line 12, preceding ``fire'' where it appears for the second time by inserting ``volunteer''; in line 22, preceding ``fire'' by inserting ``volunteer''; And your committee on conference recommends the adoption of this report. Ben Vidricksen Nick Jordan Mark Gilstrap Conferees on part of Senate Gary K. Hayzlett Andrew Howell Vernon Correll Conferees on part of House On motion of Rep. Hayzlett, the conference committee report on HB 2202 was adopted. On roll call, the vote was: Yeas 114; Nays 7; Present but not voting 0; Absent or not voting 4. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Boston, Bradley, Burroughs, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Benlon, Campbell, Edmonds, Lane, J. Peterson, Powell, Tomlinson. Present but not voting: None. Absent or not voting: Dean, Helgerson, McClure, Packer. REPORT ON ENGROSSED BILLS HB 2045 reported correctly engrossed April 3, 1997. On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, April 4, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+