The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 122 members present.
Rep. Lloyd was excused on verified illness.
Rep. Benlon was excused on excused absence by the Speaker.
Prayer by Chaplain Washington:
Heavenly Father,
We thank You for this day. We thank You for this hour . . . even for this very
moment. We thank You for the promise that Your mercy in forgiving us and Your
grace in guiding us would be available to us as we come to You in humility.
When we consider our past, as a nation, we thank You for having established us
on the absolute principles of Your Word. As we look to our future, both personally
and collectively; to whatever degree we may have strayed, bring us back to Your
Word. You said in Proverbs 14:34 that righteousness (doing things Your way), would
exalt us, making us great, but sin (doing things our own way), would shame and
disgrace us.
Father, rather than leaving us to the self destructive independent thinking of ``I
can handle it . . . I know the way . . . I have the answers,'' would You intervene.
Would You deliver us from such insanity.
Bless the members of this House with the guidance of Your Word, that through
them, You might bless the people of this state, and ultimately the people of this
nation.
I come to You, Dear Father, in the Name of Jesus Christ. Amen and Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2779, An act concerning electric service; authorizing the state corporation commis-
sion to provide for competition in retail sales of generation service; repealing K.S.A. 1997
Supp. 66-1902, by Committee on Utilities.
HB 2780, An act concerning natural gas service; providing for competition in retail sales,
by Committee on Utilities.
HB 2781, An act making and concerning appropriations for the fiscal year ending June
30, 1998, for the Kansas commission on veterans affairs for a donation for the Women in
Military Service for America Memorial; authorizing certain transfers and imposing certain
restrictions and limitations, and directing or authorizing certain receipts and disbursements
and acts incidental to the foregoing, by Representatives McCreary, Adkins, Alldritt, Aurand,
Ballard, Beggs, Boston, Burroughs, Campbell, Carmody, Compton, Cook, Correll, Cox,
Crow, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Fla-
harty, Flora, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Haley, Hayzlett, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutch-
ins, Jennison, Johnston, Kejr, Kirk, Klein, Krehbiel, Kuether, Landwehr, Lane, Larkin, P.
Long, Mason, Mayans, Mays, McClure, McKechnie, McKinney, Minor, Mollenkamp, My-
ers, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff,
Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shultz, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, and Wilson.
HB 2782, An act regulating traffic; concerning the width of certain loads on vehicles;
providing for the issuance of a special permit; amending K.S.A. 1997 Supp. 8-1486, 8-1902
and 8-1911 and repealing the existing sections, by Committee on Transportation.
HB 2783, An act concerning certain wetlands; approving the department of wildlife and
parks' entering into certain agreements and assuming certain costs related to such wetlands;
designating an area of such wetlands as the Steve Lloyd Wetlands, by Representatives Ad-
kins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Campbell,
Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta,
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 and Wilson.
HB 2784, An act relating to the state health care benefits system; concerning eligibility
for participation therein; amending K.S.A. 75-6501 and repealing the existing section, by
Representatives Correll, Alldritt, Ballard, Burroughs, Compton, Cox, Crow, Dahl, Dillon,
Faber, Feuerborn, Findley, Flaharty, Garner, Grant, Hayzlett, Humerickhouse, Johnston,
Kirk, Kuether, Larkin, P. Long, McClure, McCreary, Minor, Myers, Pauls, E. Peterson,
Phelps, Powers, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Storm, Tan-
ner, Toelkes, Vickrey, Wells and Wempe.
HB 2785, An act relating to inheritance taxation; increasing certain distributee deduction
amounts; amending K.S.A. 79-1537 and 79-1542 and repealing the existing sections, by
Representatives Larkin, Alldritt, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty, Grant,
Kirk, Krehbiel, McKinney, E. Peterson, Phelps, Ruff, Sawyer, Shriver, Spangler, Wells and
Wempe.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2771.
Business, Commerce and Labor: HB 2772.
Education: HB 2774.
Governmental Organization and Elections: HB 2775, 2776.
Judiciary: HB 2773, 2778.
Taxation: HB 2777.
Select Committee on Higher Education: HB 2770.
CHANGE OF REFERENCE
Speaker pro tem Wagle announced the withdrawal of HB 2720 from Committee on
Governmental Organization and Elections and referral to Committee on Education.
COMMUNICATIONS FROM STATE OFFICERS
From Tom Rose, Chairperson, Kansas Council on Developmental Disabilities, the State
Plan for Developmental Disabilities for 1998-2000.
From Lonnie R. McCollum, Superintendent, and Walter V. Darling, Director of Fiscal
and Technical Services, Kansas Highway Patrol, in accordance with K.S.A. 60-4117, report
regarding state forfeiture funds.
From the Kansas District Judges Association Committee on Compensation and Retire-
ment, Kansas Judicial Salaries.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6009--
By Representative Dreher
A RESOLUTION memorializing Congress to revise certain laws which prohibit a disabled
military veteran from receiving both full retirement pay and disability compensation
benefits.
WHEREAS, Under a federal law that dates back to the 19th century, military veterans
are denied concurrent dual receipt of full retirement pay and disability compensation ben-
efits; and
WHEREAS, Military veterans are instead allowed only to receive retirement pay or dis-
ability compensation benefits or must waive an amount of retirement pay equal to the
amount of disability compensation benefits; and
WHEREAS, In contrast, federal civilian employees are not subject to such a deduction
of disability compensation benefits; and
WHEREAS, A disabled veteran who has held a nonmilitary federal job for the requisite
durational period required for retirement receives full longevity retirement pay, undimini-
shed by the subtraction of disability compensation benefits: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we do hereby
memorialize Congress to change those laws which prohibit a disabled military veteran from
receiving both full retirement pay and disability compensation benefits; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to each member of the Kansas Congressional
Delegation.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Henry in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Henry, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2636 be passed.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2534 be amended on page 1, in
line 14, by striking ``1996'' and inserting ``1997'';
On page 2, in line 31, by striking ``1996'' and inserting ``1997'';
In the title, in line 10, by striking ``1996'' and inserting ``1997''; and the bill be passed as
amended.
The Committee on Appropriations recommends HB 2613 be amended on page 1, in
line 26, by striking ``, titles''; and the bill be passed as amended.
The Committee on Taxation recommends HB 2631, as amended by House Committee,
be amended, as recommended by the House Committee on Tourism, and the bill, as printed
with amendments by House Committee, be further amended, on page 1, after line 15, by
inserting a new section to read as follows:
``Section 1. K.S.A. 1997 Supp. 12-1770 is hereby amended to read as follows: 12-1770.
It is hereby declared to be the purpose of this act to promote, stimulate and develop the
general and economic welfare of the state of Kansas and its communities and to assist in
the development and redevelopment of blighted areas and deteriorating areas which are
not yet blighted, but may be so in the future located within cities, environmentally contam-
inated areas located within and without cities and, enterprise zones located within cities and major tourism areas as defined in subsection (a)(1)(D) of K.S.A. 12-1774, and amendments thereto, thus promoting the general welfare of the citizens of this state, by authorizing cities
to acquire certain property and to issue special obligation bonds and full faith and credit tax
increment bonds for the financing of redevelopment projects. It is further found and de-
clared that the powers conferred by this act are for public uses and purposes for which
public money may be expended and the power of eminent domain exercised. The necessity
in the public interest for the provisions of this act is hereby declared as a matter of legislative
determination.'';
By renumbering existing sections accordingly;
On page 4, in line 4, by striking ``a'' where it appears for the first time and inserting ``A'';
in line 18 by striking all after ``years''; by striking all in lines 19 and 20; in line 21, by striking
all before the period and inserting ``except that, such maximum period, if the governor
determines and makes and submits a finding to the speaker of the house of representatives
and the president of the senate that a maturity greater than 20 years, but in no event
exceeding 30 years, is necessary for the economic feasibility of the financing of an auto race
track facility with special obligation bonds payable primarily from revenues described by
subsection (a)(1)(D) of K.S.A. 12-1774, and amendments thereto, may be extended in ac-
cordance with such determination and finding'';
On page 5, in line 11, by striking ``redevelopment project'' and inserting ``auto race track
facility''; in line 14, after ``bonds'' by inserting ``in one or more series'';
On page 6, in line 1, by striking ``include'' and inserting ``be''; in line 41, after the period
by inserting ``Notwithstanding the foregoing, any revenue received from taxes imposed by
K.S.A. 79-3601 et seq. and K.S.A. 79-3701 et seq., in excess of the amount thereof necessary
to comply with the debt service payment schedule established by the terms and conditions
of the special obligation bonds issued to finance an auto race track facility as prescribed by
ordinance adopted pursuant to this paragraph (3), shall be remitted by the state treasurer
from the city bond finance fund to the city treasurer and credited to the special fund of the
city to timely pay the costs of financing by means other than those provided by subsection
(a)(1)(D) of K.S.A. 12-1774, and amendments thereto, the redevelopment project described
by subsection (k) of K.S.A. 12-1771, and amendments thereto.'';
On page 10, after line 17, by inserting three new sections to read as follows:
``Sec. 4. K.S.A. 1997 Supp. 12-1773 is hereby amended to read as follows: 12-1773. (a)
Any city which has adopted a redevelopment plan in accordance with the provisions of this
act may purchase or otherwise acquire real property. Upon a 2/3 vote of the members of the
governing body thereof a city may acquire by condemnation any interest in real property,
including a fee simple title thereto, which it deems necessary for or in connection with any
redevelopment plan of an area located within the redevelopment district. Prior to the ex- ercise of such eminent domain power, the city shall offer to the owner of any property which will be subject to condemnation with respect to any redevelopment project, other than one which includes an auto race track facility, compensation in amount equal to the highest appraised valuation amount determined for property tax purposes by the county appraiser.
However no city shall exercise such eminent domain power to acquire real property in a
conservation area. Any such city may exercise the power of eminent domain in the manner
provided by K.S.A. 26-501 et seq., and amendments thereto. In addition to the compensation or damage amount finally awarded thereunder with respect to any property subject to pro- ceedings thereunder as a result of the construction of an auto race track facility, such city shall provide for the payment of an amount equal to 25% of such compensation or damage amount. In addition to any compensation or damages allowed under the eminent domain
procedure act, such city shall also provide for the payment of relocation assistance as pro-
vided in K.S.A. 12-1777, and amendments thereto.
(b) Any property acquired by a city under the provisions of this act may be sold or leased
to any person, firm or corporation, hereinafter referred to as a developer, in accordance
with the redevelopment plan and under such other conditions as may be agreed upon. Such
city may use the proceeds of special obligation bonds issued under K.S.A. 12-1774, and
amendments thereto, or full faith and credit tax increment bonds issued under K.S.A. 12-
1774, and amendments thereto, or any uncommitted funds derived from those sources set
forth in paragraph (1) of subsection (a) of K.S.A. 12-1774, and amendments thereto, to
implement the redevelopment plan including, without limitation:
(1) Acquisition of property within the project area;
(2) payment of relocation assistance;
(3) site preparation;
(4) sanitary and storm sewers and lift stations;
(5) drainage conduits, channels and levees;
(6) street grading, paving, graveling, macadamizing, curbing, guttering and surfacing;
(7) street lighting fixtures, connection and facilities;
(8) underground gas, water, heating, and electrical services and connections located
within the public right-of-way;
(9) sidewalks and pedestrian underpasses or overpasses;
(10) drives and driveway approaches located within public right-of-way;
(11) water mains and extensions;
(12) plazas and arcades;
(13) parking facilities;
(14) landscaping and plantings; fountains, shelters, benches, sculptures, lighting, deco-
rations and similar amenities; and
(15) all related expenses to redevelop and finance the redevelopment project.
None of the proceeds from the sale of such bonds shall be used for the construction of
buildings or other structures to be owned by or to be leased to such developer, except for
proceeds of such bonds as may be issued under subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto and except for proceeds of such bonds as may be issued for a rede-
velopment district including some or all of the land and buildings comprising a state mental
institution closed pursuant to section 2 of chapter 219 of the 1995 Session Laws of Kansas.
Sec. 5. K.S.A. 12-1777 is hereby amended to read as follows: 12-1777. Before any re-
development project shall be initiated under this act a relocation assistance plan shall be
approved by the governing body proposing to undertake the project. Such relocation assis-
tance plan shall:
(a) Provide for relocation payments to be made to persons, families and businesses who
move from real property or who move personal property from real property as a result of
the acquisition of the real property by the city in carrying out the provisions of this act. With respect to any redevelopment project other than one which includes an auto race track facility, such payments shall not be less than $500;
(b) provide that no persons or families residing in the redevelopment district shall be
displaced unless and until there is a suitable housing unit available and ready for occupancy
by such displaced person or family at rents within their ability to pay. Such housing units
shall be suitable to the needs of such displaced persons or families and must be a decent,
safe, sanitary and otherwise standard dwelling; and
(c) provide for the payment of any damages sustained by a retailer, as defined by K.S.A.
79-3702, and amendments thereto, by reason of the liquidation of inventories necessitated
by relocation.
New Sec. 6. (a) The city which is authorized to issue bonds pursuant to the provisions
of K.S.A. 12-1770 et seq. in order to finance a redevelopment project in a major tourism
area described by subsection (a)(1)(D) of K.S.A. 12-1774 shall obtain underwriting services
required by the city for the issuance of such bonds pursuant to written proposals received
in accordance with this section.
(b) Prior to the issuance of any such bonds after the effective date of this act, the city
shall publish notice of a request for proposals to provide the underwriting services that are
required by the city with regard to the proposed bond issuance and shall mail requests for
proposals to qualified interested parties upon request for such notice. The city shall award
contracts for such underwriting services from the proposals received in accordance with the
procedures and evaluation criteria adopted by the city for such purpose. A city shall publish
such notice in the official newspaper of the city.
(c) Each city which is authorized to issue such bonds shall establish written official
procedures for obtaining underwriting services required for the issuance of such bonds,
including specifications for requests for proposals and criteria for evaluation of proposals on
a competitive basis. The proposal evaluation criteria shall include factors based on cost,
capacity to provide the required services, qualifications and experience.'';
By renumbering existing sections accordingly;
On page 12, in line 19, after ``K.S.A.'' by inserting ``12-1777,''; also in line 19, following
``Supp.'' by inserting ``12-1770,''; in line 20, after the comma, by inserting ``12-1773,'';
In the title, in line 11, after ``K.S.A.'' by inserting ``12-1777,''; in line 12, following ``Supp.''
by inserting ``12-1770,''; also in line 12, following ``12-1771,'' by inserting ``12-1773,''; 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 bills were introduced and read by title:
HB 2786, An act concerning certain fees collected by the register of deeds; amending
K.S.A. 28-115 and repealing the existing section, by Committee on Governmental Organi-
zation and Elections.
HB 2787, An act repealing K.S.A. 19-1214; concerning the register of deeds, by Com-
mittee on Governmental Organization and Elections.
HB 2788, An act concerning children in need of care; relating to the filing of the petition
and the summons; amending K.S.A. 38-1531, 38-1532 and 38-1533 and repealing the ex-
isting sections, by Committee on Judiciary.
HB 2789, An act concerning crime victims; relating to compensation and allowance
expenses from the crime victims compensation board; relating to the filing of applications;
amending K.S.A. 1997 Supp. 74-7301 and 74-7305 and repealing the existing sections, by
Committee on Judiciary.
HB 2790, An act concerning juvenile offenders; relating to prosecution as an adult;
amending K.S.A. 1997 Supp. 38-1602 and repealing the existing section, by Committee on
Judiciary.
HB 2791, An act concerning protection from abuse; relating to emergency relief; amend-
ing K.S.A. 1997 Supp. 60-3105 and repealing the existing section, by Committee on Judi-
ciary.
HB 2792, An act concerning the state fair; transferring moneys and obligations of the
non-fair days activities fee fund to the state fair fee fund; abolishing the non-fair days activ-
ities fee fund; consolidating local bank accounts; amending K.S.A. 2-205 and 2-223 and
repealing the existing sections, by Committee on Appropriations.
HB 2793, An act concerning the state board of regents; relating to the membership
thereof; amending K.S.A. 1997 Supp. 74-3201 and repealing the existing section, by Com-
mittee on Appropriations.
HB 2794, An act concerning the behavioral sciences regulatory board; relating to licen-
sure; concerning temporary license requirements; authorizing certain fees; amending K.S.A.
74-5316 and repealing the existing section, by Committee on Appropriations.
REPORT ON ENROLLED RESOLUTIONS
HCR 5038 reported correctly enrolled and properly signed on February 3, 1998.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Wednesday, February
4, 1998.