The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 123 members present.
Reps. Henderson and Lloyd were excused on verified illness.
Prayer by Bill (P. R.) Roberts :
Heavenly Father:
We thank you for the opportunity this day brings to us. We thank you for life and
health and for the strength to go about the responsibilities placed upon us by virtue
of our positions.
We are graced today with the presence of those who have served in the military.
We pray your blessing upon them and upon all who serve to protect our country and
our freedoms.
We pray for our Chaplain and Pastor, Cecil Washington. Grant healing for his
body and return him to us soon. And Lord, make each of us aware how grateful we
should be for the matchless gift of good health which comes from you alone.
I ask you Lord, to make this a good and productive day as you give wisdom and
insight to the men and women of the body.
This I ask in the name of Jesus, Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
HB 2974, An act relating to the taxation of certain motor vehicles; concerning the county
average rate; amending K.S.A. 79-5105 and repealing the existing section, by Committee
on Taxation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2970.
Education: HB 2971; HR 6012, 6013.
Federal and State Affairs: HB 2972.
Health and Human Services: HB 2969.
Taxation: HB 2973.
Transportation: HB 2968.
COMMUNICATIONS FROM STATE OFFICERS
From Mikel Miller, Senior Policy Analyst, Kansas, Inc., in accordance with K.S.A. 74-
8017, Sales Tax Exemption and Kansas Economic Development Income Tax Credits, An-
nual Report, January 1998.
From Charles E. Simmons, Secretary, Department of Corrections, Offender Programs
Evaluation: Volume II.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 428, 451, 464, 484, 495, 497, 542.
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
On motion of Rep. McCreary, HR 6011, A resolution honoring women in military service,
was adopted.
INTRODUCTION OF GUESTS
Rep. McCreary introduced the following women honored for military service: Arliene
Matthews, Tescott, who served during WWII and was accompanied by her daughter, Paula
Nelson, who was modeling Arliene's 1940 WAC uniform; Thurma Smith, Wichita, who
served in the Women's Army Corp during the Korean conflict; Bernice Boerstler, Caldwell,
who served as an Army nurse in Vietnam; Teresa Compton, Fredonia, daughter of Rep.
Compton, who served in Navy Security Service in Vietnam; Master Sergeant Jean Robinson,
Topeka, who served in Desert Storm and is now stationed at Forbes Field; Captain Rhonda
Reasoner, Pittsburg, who is recently back from Bosnia and is now Commander of the 203rd
Mobile Public Affairs Detachment; Natalie Ann McCreary, wife of Rep. McCreary, who
with her husband served in the USAF. Other groups were recognized in the East Gallery.
CONSENT CALENDAR
No objection was made to HB 2705 appearing on the Consent Calendar for the first day.
No objection was made to HB 2787; HCR 5024 appearing on the Consent Calendar for
the second day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2723, An act relating to automatic external defibrillators; authorizing use by certain
persons; requiring training and activation of the emergency medical services system upon
use of a defibrillator; encouraging certain persons and entities to register a defibrillator;
providing immunity from liability for certain persons, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
HB 2737, An act concerning the taxation of motor fuels; relating to aviation fuel; amend-
ing K.S.A. 79-3401, 79-3402, 79-3403, 79-3405, 79-3406, 79-3407, 79-3408, 79-3408c, 79-
3409, 79-3410, 79-3415, 79-3416, 79-3417, 79-3419, 79-3420, 79-3421, 79-3424, 79-3425,
79-3461, 79-3464d, 79-3464e, 79-34,141 and 79-34,142 and repealing the existing sections;
also repealing K.S.A. 79-3408g and 79-34,143, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: I vote yes on SB 500, and after the debate yesterday it is clear to me that
the House Democrats, the minority party, truly represents the majority of Kansans.--
Richard Alldritt
Mr. Speaker: I vote YES on SB 500. While I feel that too much of the tax relief in this
bill goes to benefit a wealthy few individuals, I support the majority of the tax relief in this
bill. The earned income tax credit, raising the standard deduction on state income tax and
many of the other provisions of this bill are good policy that will benefit many hard-working
Kansas tax payers as well as those living on fixed incomes.--George Dean
Mr. Speaker: I reluctantly vote YES on SB 500. I support much of the tax relief in this
bill, and know that it will help many Kansas taxpayers. However, I feel this bill is not as
responsible as it should be.
Yesterday I supported using a portion of the inheritance tax relief in this bill to reduce
our state debt. Like most Kansans, I feel that the responsible way to budget our money is
to first pay our debts. While I am disappointed that we have not made an effort to pay our
bills, I reluctant vote yes on this bill.--Bob Grant, Vernon Correll
Mr. Speaker: I vote YES on SB 500. While I believe this inheritance tax cut is too
big--providing too much for too few--I vote yes because of the many tax cuts worth fighting
for: the earned income tax credit, eliminating the sales tax on residential remodeling, the
food sales tax rebate, the property tax relief, the educations savings account, and others.
I hope the conference committee can keep the tax cuts geared toward working families
and not the privileged few.--Bill Reardon, Eber Phelps, Herman G. Dillon, Ruby
Gilbert, Margaret E. Long, Tom Burroughs, Bill Feuerborn
Mr. Speaker: I vote YES on SB 500. I do not like the huge inheritance tax cut this bill
contains which gives two-thirds of tax relief to distant and non-relatives.
I would have preferred the Larkin amendment that would still allow 99% of families to
pass their farms and businesses to their kids tax-free, while using the $36 million the amend-
ment saved to further cut property taxes.
I reluctantly vote yes because of the other tax relief in this bill.--Marti Crow
Mr. Speaker: I reluctantly vote YES on SB 500. I support the many tax reductions in
this bill that benefit working Kansans. However, I feel that SB 500 is not fair and balanced.
The more than one million Kansans who pay income tax will receive a 6% reduction, the
million who pay property taxes will see a mere 3% reduction, and over 2 million Kansans
who pay sales tax on food receive no relief. But we will provide a 70% reduction for the
10,000 Kansans who pay inheritance taxes.
Clearly this bill does too much for too few.--Sue Storm
Mr. Speaker: I reluctantly vote YES on SB 500. While I support many of the tax relief
provisions in this bill, I feel that it is unfair and unbalanced for most Kansans.
It is irresponsible to provide a 70% reduction in inheritance tax at the same time that we
say we cannot afford to reduce the sales tax on food or provide greater property tax relief.
This bill goes too far to benefit a small percentage of the population, but it is still better
than the Senate version.--Doug Spangler
Mr. Speaker: I vote yes on SB 500. Individuals save money for one of four reasons. For
school, for their retirement, for a home, or to start a business. I was thrilled in tax committee
to move to reinsert the Governor's expansion of the education savings act. This provision
will allow for the deductibility of funds saved for college.
Not taxing savings will allow each individual to live their version of the American dream.
Not by government gift but by merely allowing every family the most important economic
tool of all, money in a bank account.--Terry Presta
Mr. Speaker: I vote yes on SB 500. The debate yestrday was about choices.
We made a bad choice when the majority party passed the $56 million (70%) inheritance
tax cut--2/3 of which goes to distant and non-relatives and 40% goes out of state!
I support the $19 million Democratic alternative that allows families to pass their estates
to their children tax free and use the savings to cut property taxes and sales tax for all
Kansans.
But this bill is still better than the Senate version.--Tom Sawyer, Gwen Welshimer
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
McKinney in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. McKinney, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2760, 2676, 2282 be passed.
HB 2186 be passed over and retain a place on the calendar.
Committee report to HB 2743 be adopted and the bill be passed as amended.
Committee report to HB 2312 be adopted and the bill be passed as amended.
Committee report to HB 2231 be adopted; also, on motion of Rep. Shriver to amend,
the motion did not prevail. Also, on further motion of Rep. Shriver to amend, the motion
did not prevail; and on motion to recommend HB 2231 favorably for passage, the motion
did not prevail.
Committee reports to SB 256 be adopted and the bill be passed as amended.
On motion of Rep. Welshimer, HB 2729 be amended on page 1, in line 34, by striking
``, postage prepaid,''; in line 36, by striking ``first class mail, postage prepaid'' and inserting
``certified mail, return receipt requested''; in line 41, by striking ``first class mail, postage
prepaid'' and inserting ``certified mail, return receipt requested'';
On page 2, in line 36, by striking ``, postage prepaid,''; in line 37, following the period,
by inserting ``If the property is unoccupied and the owner is a nonresident, such notice shall
be sent by certified mail, return receipt requested, to the last known address of the owner.'';
On page 3, in line 4, by striking ``first class, postage prepaid,'' and inserting ``certified
mail, return receipt requested,''; and HB 2729 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Business, Commerce and Labor recommends HB 2765 be
amended on page 1, in the title, in line 9, by striking ``accounts'' and inserting ``accountants'';
and the bill be passed as amended.
The Committee on Federal and State Affairs recommends HR 6009 be adopted.
The Committee on Governmental Organization and Elections recommends HB 2813 be passed and, because the committee is of the opinion that the bill is of a noncon-
troversial nature, be placed on the consent calendar.
The Committee on Governmental Organization and Elections recommends HB 2222 be amended on page 1, in line 31, following ``engineer'' by inserting ``, if not a licensed
land surveyor,''; and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends HB 2806 be amended on page 3, in line 21, following ``(e)'' by inserting ``or (f)''; and the bill
be passed as amended.
The Committee on Health and Human Services recommends HB 2630 be amended
by substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2630,'' as
follows:
``Substitute FOR HOUSE BILL No. 2630
By Committee on Health and Human Services
``AN ACT concerning the care and treatment act for mentally ill persons; defining qualified
mental health professional; amending K.S.A. 1997 Supp. 59-2946 and repealing the
existing section.''; and the substitute bill be passed.
(Sub. HB 2630 was thereupon introduced and read by title.)
The Committee on Health and Human Services recommends HB 2832 be amended
on page 2, in line 24, by striking ``a majority of the members of the board are not''; in line
25, by striking all before the period; in line 33, by striking ``terms of office of''; in line 34,
by striking ``not''; and the bill be passed as amended.
The Committee on Insurance recommends HB 2640 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL No. 2640,'' as follows:
``SUBSTITUTE FOR HOUSE BILL No. 2640
By Committee on Insurance
``AN ACT concerning cities and counties; regarding the filing of fire liens; amending K.S.A.
40-3905 and repealing the existing section.''; and the substitute bill be passed.
(Sub. HB 2640 was thererupon introduced and read by title.)
The Committee on Judiciary recommends HB 2626, 2627 be passed.
The Committee on Judiciary recommends HB 2820 be amended on page 1, in line 24,
by striking the comma where it appears for the first time and inserting ``or''; in line 25, by
striking all after the comma where it appears for the first time; in line 26, by striking all
before ``or'' where it appears for the last time; in line 29, by striking the comma where it
appears for the first time and inserting ``or''; in line 30, by striking all after the comma where
it appears for the first time; in line 31, by striking all before ``the''; in line 38, by striking the
comma where it appears for the first time and inserting ``or''; in line 39, by striking all after
the comma where it appears for the first time; in line 40, by striking all before ``or'';
On page 2, in line 1, by striking the comma where it appears for the last time and inserting
``or''; in line 2, by striking all after the comma where it appears for the last time; in line 3,
by striking all before ``and'' where it appears for the last time; and the bill be passed as
amended.
The Committee on Judiciary recommends SB 67, as amended by Senate Committee,
be amended on page 1, in line 30, by striking ``1996'' and inserting ``1997'';
On page 2, in line 2, after ``number'' by inserting ``, or both,''; following line 6, by inserting
the following:
``Sec. 3. K.S.A. 1997 Supp. 60-3105 is hereby amended to read as follows: 60-3105. (a)
When the court is unavailable, a verified petition, accompanied by a proposed order, may
be presented to any district judge. The judge may grant relief in accordance with subsection
(a)(1), (2), (4) or (5) of K.S.A. 60-3107 and amendments thereto, or any combination thereof,
if the judge deems it necessary to protect the plaintiff or minor child or children from abuse.
An emergency order pursuant to this subsection may be granted ex parte. Immediate and
present danger of abuse to the plaintiff or minor child or children shall constitute good
cause for the entry of the emergency order.
(b) An emergency order issued under subsection (a) shall expire when the court is available or within 72 hours, whichever occurs first on 5:00 p.m. on the first day when the court resumes court business. At that time, the plaintiff may seek a temporary order from
the court.
(c) The judge shall note on the petition and any order granted, including any docu-
mentation in support thereof, the filing date, together with the judge's signature, and shall
deliver them to the clerk of the court on the next day of the resumption of business of the
court.'';
And by renumbering sections accordingly;
Also on page 2, in line 27, by striking ``1996'' and inserting ``1997''; in line 37, by striking
``1996'' and inserting ``1997'';
On page 3, in line 2, by striking ``1996'' and inserting ``1997''; in line 3, after ``order'' by
inserting ``, which shall expire 60 days following the date of issuance,'';
On page 4, in line 33, by striking ``1996'' and inserting ``1997''; in line 38, by striking
``1996'' and inserting ``1997''; in line 40, by striking ``1996'' and inserting ``1997''; also in line
40, after ``60-3104'' by inserting ``, 60-3105'';
On page 1, in the title, in line 12, by striking ``1996'' and inserting ``1997''; also in line 12,
after ``60-3104'' by inserting ``, 60-3105''; 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 2975, An act concerning the Kansas lottery; relating to video lottery machine games;
concerning revenue from games; funding the Kansas STARS program; amending K.S.A. 41-
308, 74-8701, 74-8702, 74-8704, 74-8708, 74-8711, 74-8712, 74-8720 and 74-8721 and
K.S.A. 1997 Supp. 21-4302, 38-1602, 74-8710, 74-8717, 74-8718 and 74-8719 and repealing
the existing sections, by Committee on Federal and State Affairs.
HB 2976, An act concerning courts; relating to the jurisdiction of municipal courts;
amending K.S.A. 12-4104 and 22-2601 and K.S.A. 1997 Supp. 8-2106, 8-2107 and 19-101a
and repealing the existing sections, by Committee on Federal and State Affairs.
HB 2977, An act concerning open meetings; relating to employer-employee negotiations;
amending K.S.A. 75-4319 and repealing the existing section, by Committee on Federal and
State Affairs.
HB 2978, An act concerning crimes and punishment; relating to cruelty to animals;
amending K.S.A. 1997 Supp. 21-4310 and repealing the existing section, by Committee on
Federal and State Affairs.
HB 2979, An act concerning domestic ferrets; amending K.S.A. 47-1832 and 75-5661
and K.S.A. 1997 Supp. 47-1701, 47-1724 and 47-1734 and repealing the existing sections,
by Committee on Federal and State Affairs.
HB 2980, An act relating to the state library and the state librarian; state library advisory
commission; amending K.S.A. 75-2535 and 75-2546 and repealing the existing sections, by
Committee on Appropriations.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Thursday, February
19, 1998.