The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 120 members present.
Rep. Lloyd was excused on verified illness.
Reps. Dean, Helgerson, Holmes and Packer were excused on excused absence by the
Speaker.
Prayer by guest chaplain, the Rev. Robert Carlson, Lawrence, and guest of Rep. Sloan:
We pray, O God, for you assembled here--members of the Kansas House of
Representatives. You are pulled in so many directions. Clamoring for your allegiance
are: the party to which you belong, your loyalty to your brothers and sisters in this
House, the requests of the Governor, the desires of those who elected you, the voice
of your own conscience. May God so guide you through the pressures you face that
you will be responsible servants of government of the people, by the people, and for
the people. Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill and concurrent resolution were introduced and read by title:
HB 2986, An act amending the Kansas parimutuel racing act; relating to certain back-
ground checks; amending K.S.A. 1997 Supp. 74-8805, 74-8806 and 74-8814 and repealing
the existing sections, by Committee on Appropriations.
HOUSE CONCURRENT RESOLUTION NO. 5044--
By Committee on Transportation
A CONCURRENT RESOLUTION urging the United States Congress to enact legislation
reauthorizing the federal highway program by May 1, 1998.
WHEREAS, A safe and efficient highway system is essential to the nation's international
competitiveness, key to domestic productivity, and vital to our quality of life; and
WHEREAS, Kansas has critical highway investment needs that cannot be addressed with
current financial resources; and
WHEREAS, The current level of federal funding for the nation's highway system is
inadequate to meet rehabilitation needs, to protect the safety of the traveling public, to
begin solving congestion and rural access problems, to conduct adequate transportation
research and to keep the United States competitive in a global economy; and
WHEREAS, The federal highway program is financed by dedicated user fees collected
from motorists to improve the highway system and deposited in the federal highway trust
fund. The Taxpayer Relief Act of 1997 transferred all federal motor fuel taxes into the
highway trust fund but provided no mechanism to ensure the funds are spent; and
WHEREAS, The 1998 congressional budget would constrain federal highway spending
well below the level of highway tax receipts, allowing the highway trust fund's cash balance
to grow from just over $22,000,000,000 today to more than $70,000,000,000 by the year
2003; and
WHEREAS, Kansas and other states will be prohibited from obligating any federal high-
way funds after April 30, 1998, unless Congress and the President enact new highway leg-
islation by that date; and
WHEREAS, Without federal highway funds, many states will be forced to delay life-
saving safety improvements, congestion relief projects, and other road and bridge improve-
ments: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature of the State of Kansas urge the United States Congress to
enact legislation reauthorizing the federal highway program by May 1, 1998; and
Be it further resolved: That the reauthorization bill should fund the federal highway
program at the highest level that the user-financed highway trust fund will support; and
Be it further resolved: That the Secretary of State be directed to send copies of this
resolution to the President of the United States, Speaker of the House of Representatives
of the United States, the President of the Senate of the United States, the Minority Leader
of the House of Representatives of the United States, the Minority Leader of the Senate of
the United States and to each member of the Kansas Congressional Delegation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Committee of the Whole: HCR 5043.
Judiciary: HB 2984, 2985.
Utilities: HB 2983.
CONSENT CALENDAR
No objection was made to HB 2868; SB 476, 477 appearing on the Consent Calendar
for the first day.
No objection was made to HB 2835 appearing on the Consent Calendar for the second
day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2534, An act amending the employment security law; relating to eligibility for ben-
efits; amending K.S.A. 1997 Supp. 44-705 and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Dean, Helgerson, Holmes, Lloyd, Packer, Spangler.
The bill passed, as amended.
HB 2732, An act concerning certain sewer systems; relating to extensions thereof; amend-
ing K.S.A. 1997 Supp. 65-165 and repealing the existing section, was considered on final
action.
On roll call, the vote was: Yeas 116; Nays 3; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Dean, Helgerson, Holmes, Lloyd, Packer, Spangler.
The bill passed, as amended.
SCR 1617, A concurrent resolution urging the United States Congress to support mod-
ernization of US-169 highway by designating it as a demonstration project, was considered
on final action.
On roll call, the vote was: Yeas 117; Nays 2; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Dean, Helgerson, Holmes, Lloyd, Packer, Spangler.
The resolution was adopted.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Boston in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Boston, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2806 be adopted and the bill be passed as
amended . .
Committee report to HB 2786 be adopted and the bill be passed as amended.
Committee report to HB 2832 be adopted and the bill be passed as amended.
On motion of Rep. Hutchins HCR 5042 be amended on page 2, following line 3, by
inserting the following:
``Be it further resolved: That of the seven members appointed by the Legislative Co-
ordinating Council, one such member, in addition to other qualifications for appointment,
shall be a representative of a community mental health center; and''; and HCR 5042 be
adopted as amended.
Committee report to HB 2769 be adopted and the bill be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2630 be adopted; also, on
motion of Rep. Pauls be amended on page 4, following line 12, by inserting the following
sections:
``Sec. 2. K.S.A. 76-1305 is hereby amended to read as follows: 76-1305. The secretary
of social and rehabilitation services is authorized and directed to establish, equip and main-
tain, in connection with and as a part of the Larned state hospital, suitable buildings to be
known as the ``state security hospital'' for the purpose of holding in custody, examining,
treating and caring for such mentally ill persons as may be committed or ordered to the
state security hospital by courts of criminal jurisdiction or inmates with mental illness who
are transferred for care or treatment to the state security hospital from the a correctional
institution under the control of the secretary of corrections, or patients or persons with a
mental illness, other than minors and voluntary patients, who are transferred for care or
treatment to the state security hospital from any institution under the jurisdiction of the
secretary of social and rehabilitation services. The secretary of social and rehabilitation
services is hereby authorized and empowered to supervise and manage the state security
hospital. The superintendent of the Larned state hospital shall act as the superintendent of
the state security hospital.
Sec. 3. K.S.A. 76-1306 is hereby amended to read as follows: 76-1306. The secretary
of social and rehabilitation services may transfer any patient or person, other than a minor or a voluntary patient, in any institution under the supervision of said the secretary to the
state security hospital whenever the secretary determines that such patient or person is
suffering from a mental illness and because of the behavior of the patient or person when
the secretary determines that such patient or person: (1) Due to the behavior of the patient, the patient is a danger to the other patients or persons in the institution or; (2) that the
patient or person is a security risk; or (3) that the patient is charged or convicted of felony crimes and, therefore, is unable to receive proper care or treatment in a facility other than
the state security hospital. Any patient or person transferred to the state security hospital
under this section shall be assigned quarters separate from those individuals who have been
transferred from penal institutions or committed thereto by courts under the Kansas code
of criminal procedure.
Sec. 4. K.S.A. 76-1307 is hereby amended to read as follows: 76-1307. (a) Any patient or person transferred to the state security hospital by the secretary of social and rehabilitation
services from an institution under the supervision of the secretary of social and rehabilitation
services shall: (1) Be assigned quarters separate from those individuals who have been trans-
ferred from correctional institutions or committed to the state security hospital by courts
pursuant to the Kansas code of criminal procedure; and (2) remain subject to the same
statutory provisions applicable to the patient or person at the institution from which the
patient or person was transferred and in addition shall abide by and be subject to all the
rules and regulations of the state security hospital not inconsistent with such statutory pro-
visions.
(b) The next of kin and guardian, if one has been appointed, of the patient or person
transferred to the state security hospital by the secretary of social and rehabilitation services
under K.S.A. 76-1306 and amendments thereto shall be notified of the transfer. If the patient or person was committed to the sending institution from which the patient or person is being transferred by a court, notice of the transfer shall be sent to the committing court.
The notice of transfer shall be given within a reasonable time after the date of the transfer.'';
And by renumbering the remaining sections accordingly;
Also on page 4, in line 13, after ``K.S.A.'' by inserting ``76-1305, 76-1306 and 76-1307 and
K.S.A.''; also in line 13, by striking ``is'' and inserting ``are'';
In the title, on page one, in line 9, by striking ``act for'' and inserting ``of''; in line 10,
following the semicolon, by inserting ``concerning the state security hospital at Larned;'';
also in line 10, following ``K.S.A.'' by inserting `` 76-1305, 76-1306 and 76-1307 and K.S.A.'';
in line 11, by striking ``section'' and inserting ``sections''; and Sub. HB 2630 be passed as
amended.
REPORTS OF STANDING COMMITTEES
The Committee on Business, Commerce and Labor recommends HB 2745 be passed.
The Committee on Business, Commerce and Labor recommends HB 2799, 2831 be
passed and, becuase the committee is of the opinion that the bills are of a noncontroversial
nature, be placed on the consent calendar.
The Committee on Business, Commerce and Labor recommends HB 2742 be
amended on page 1, in line 31, after the period, by inserting ``If the manufacturer has neither
approved nor denied the request within 90 days, the request shall be deemed approved.'';
On page 2, in line 9, after the period by inserting ``If the supplier has neither approved
nor denied the request within 90 days, the request shall be deemed approved.''; in line 43,
following the period, by inserting ``If the supplier has neither denied nor approved the
request within 90 days, the request shall be deemed approved.''; and the bill be passed as
amended.
The Committee on Governmental Organization and Elections recommends HB 2730 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 2902 be amended on page 2, in line 1, by striking ``and submit to the township board''; in
line 4, by striking ``The township board shall'' and inserting ``Subject to the same limitations
imposed by law on township boards, the board of county commissioners are hereby au-
thorized to''; in line 9, by striking all following ``(e)''; in line 10, by striking all preceding
``adopt'' and inserting ``Upon presentation of a petition, signed by at least 20% of the qual-
ified electors of the township, to the board of county commissioners requesting the board
to adopt a resolution to return to the township board the powers, duties and functions
transferred pursuant to this section, the board shall''; in line 13, following the period, by
inserting ``Such election shall be called and held in the manner provided by the general
bond law.''; also in line 13, by striking ``resolution shall be adopted'' and inserting ``petition
shall be submitted to the board'';
On page 1, in the title, by striking all of lines 9 and 10 and inserting ``AN ACT concerning
townships; relating to the powers and duties thereof.''; and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends SB 410,
as amended by Senate Committee, be amended on page 2, by striking all in lines 39 through
43;
On page 3, by striking all in lines 1 through 9;
On page 4, by striking all in lines 20 through 33; and the bill be passed as amended.
The Committee on Tourism recommends HB 2894 be amended on page 1, by striking
all in lines 15 through 43;
On page 2, by striking all in lines 1 through 29 and inserting the following:
``New Section 1. (a) There is hereby established a state matching grant program to
provide assistance in the promotion of tourism and development of quality tourist attractions
within the state of Kansas. Grants awarded under this program shall be limited to not more
than 40% of the cost of any proposed project. Applicants shall not utilize any state moneys
to meet the matching requirements under the provisions of this program. Both public and
private entities shall be eligible to apply for a grant under the provisions of this act. Not less
than 75% of all moneys granted under this program shall be allocated to public entities or
entities exempt from taxation under the provisions of 501(c)(3) of the federal internal rev-
enue code of 1986 and amendments thereto. After July 1, 1998, no more than 20% of moneys
granted to public or nonprofit entities shall be granted to any single such entity. Further-
more, after July 1, 1994, no more than 20% of moneys granted to private entities shall be
granted to any single such entity. The secretary of commerce and housing shall administer
the provisions of this act and the secretary may adopt rules and regulations establishing
criteria for qualification for a matching grant and such other matters deemed necessary by
the secretary for the administration of this act.
(b) For the purpose of subsection (a) of section 1 and K.S.A. 1997 Supp. 74-9002, and
amendments thereto, ``tourist attraction'' means a site that is of significant interest to tourists
as a historic, cultural, scientific, educational, recreational or architecturally unique site, or
as a site of natural scenic beauty or an area naturally suited for outdoor recreation, however,
under no circumstances shall ``tourist attraction'' mean a race track facility, as defined in
K.S.A. 74-8802, and amendments thereto, or any casino or other establishment which op-
erates class three games, as defined in the 1991 version of 25 USC 2703.
Sec. 2. K.S.A. 1997 Supp. 74-9002 is hereby amended to read as follows: 74-9002. (a)
The council on travel and tourism shall: (a) (1) Advise the department of commerce and
housing in the development and implementation of the state's tourism marketing and busi-
ness development program including, but not limited to, long-range strategies for attracting
visitors to the state; (b) (2) report to the department of commerce and housing information
for preparation of the annual budget for the division of travel and tourism development; (c) (3) identify and review tourism related issues and current state policies and programs which
directly or indirectly affect travel and tourism in the state and, as appropriate, recommend
the adoption of new, or the modification of existing, policies and programs; (d) (4) prepare
and submit as a part of the annual report of the department of commerce and housing,
pursuant to K.S.A. 1997 Supp. 74-5049, and amendments thereto, a report of findings and
recommendations of the council concerning the promoting of travel and tourism in Kansas
and such related matters as the council deems appropriate; (5) screen and evaluate all applications for matching grants by those entities described in section 1, and amendments thereto, for the promotion of tourism and development of tourist attractions in this state;
and (e) (6) perform such other acts as may be necessary in carrying out the duties of the
council.
(b) After the council on travel and tourism has screened and evaluated applications for the matching grants program, the council, by majority vote, shall recommend budget ex- penditures from the Kansas tourist attraction matching grant development fund, K.S.A. 1997 Supp. 74-5091, and amendments thereto, with final approval by the secretary of commerce and housing. No expenditures may be made from the fund without the council's recommen- dation. If the secretary vetoes a recommendation, the council may override the secretary's veto by a 2/3 vote of the council.
(c) The secretary of commerce and housing shall adopt the rules and regulations existing for the former evaluation committee to guide the travel and tourism council when screening and evaluating applications for matching grants.
Sec. 3. K.S.A. 74-5032a is hereby amended to read as follows: 74-5032a. The division
of travel and tourism development is hereby authorized and empowered to:
(a) Encourage and promote the traveling public to visit this state by publicizing infor-
mation as to the recreational, historic and natural advantages of the state and its facilities
for transient travel and to contract with organizations for the purpose of promoting tourism
within the state;
(b) request other state agencies such as, but not limited to, the Kansas water office, the
Kansas department of wildlife and parks and the department of transportation, for assistance
and all such agencies shall coordinate information and their respective efforts with the
department to most efficiently and economically carry out the purpose and intent of this
subsection; and
(c) Solicit and receive moneys from any public or private source and administer a pro-
gram of matching grants to provide assistance to those entities described in K.S.A. 74-5089 section 1, and amendments thereto, in the promotion of tourism and the development of
quality tourist attractions in this state.'';
And by renumbering sections accordingly;
Also on page 2, in line 30, by before ``74-5090'' by inserting ``74-5032a and''; also in line
30, by striking ``74-5091'' and inserting ``and 74-9002'';
In the title, in line 9, by striking all after ``the'' and inserting ``council on travel and
tourism;''; in line 10, by striking all after the semicolon; by striking all in lines 11 and 12
and inserting ``concerning the state matching grant program for tourist attractions; amending
K.S.A. 74-5032a and K.S.A. 1997 Supp. 74-9002 and repealing the existing sections; also
repealing K.S.A. 74-5090 and K.S.A. 1997 Supp. 74-5089.''; and the bill be passed as
amended.
The Committee on Transportation recommends HB 2678 be amended on page 1, in
line 19, following the period, by inserting ``Such license plates shall not be displayed on any
vehicle unless otherwise authorized by statute.''; following line 19, by inserting the following
section:
``Sec. 2. K.S.A. 8-133 is hereby amended to read as follows: 8-133. The license plate
assigned to the vehicle shall be attached to the rear thereof and shall be so displayed during
the current registration year or years, and no Kansas registration plate for any other year
shall appear on the front of the vehicle, except that the license plate issued for a truck tractor
shall be attached to the front of the truck tractor and a model year license plate may be attached to the front of an antique vehicle, in accordance with K.S.A. 8-172, and amendments thereto. Beginning in 1985 and thereafter two personalized license plates may be issued for
passenger vehicles and trucks licensed for a gross weight of not more than 16,000 pounds.
One such personalized license plate shall be displayed on the rear of the vehicle and the
other shall be displayed on the front of the vehicle, but no registration decal shall be issued
for any plate affixed to the front of a vehicle pursuant to K.S.A. 8-134, and amendments
thereto. Every license plate shall at all times be securely fastened to the vehicle to which it
is assigned so as to prevent the plate from swinging, and at a height not less than 12 inches
from the ground, measuring from the bottom of such plate, in a place and position to be
clearly visible, and shall be maintained free from foreign materials and in a condition to be
clearly legible. During any period in which the construction of license plates has been
suspended pursuant to the provisions of K.S.A. 8-132, and amendments thereto, the plate,
tag, token, marker or sign assigned to such vehicle shall be attached to and displayed on
such vehicle in such place, position, manner and condition as shall be prescribed by the
director of vehicles.'';
By renumbering sections 2 and 3 as sections 3 and 4, respectively;
On page 9, following line 11, by inserting the following section:
``Sec. 5. K.S.A. 8-172 is hereby amended to read as follows: 8-172. (a) License plates
issued for antique vehicles shall be distinctive and shall contain the words ``Kansas'' and
``antique'' and there shall be no year date thereon. The numbering system shall consist of
combinations of not more than seven letters of the alphabet or numerals or a combination
of such letters and numerals. The combinations of such letters and numerals shall be at the
direction of the director of vehicles, except that any person owning an antique vehicle, other
than an antique motorcycle, may make application for a special combination of letters and
numerals not exceeding seven. Antique motorcycle license plates shall be the same as other
antique vehicle license plates, except the numbering system shall consist of not more than
five letters of the alphabet or numerals or a combination of letters and numerals. Such
application shall be made in a manner prescribed by the director of vehicles and shall be
accompanied by a special combination fee of $40. Unless the combination of letters or
numerals designated by the applicant have been assigned to another antique vehicle regis-
tered in this state, or unless the combination of letters or numerals designated by the ap-
plicant have a profane, vulgar, lewd or indecent meaning or connotation, as determined by
the director, the division shall assign such combination of letters to the applicant's vehicle.
(b) The registration fee for any antique vehicle shall be $40 and once paid shall not be
required to be renewed.
(c) In addition to the license plate issued under subsection (a), a person who owns an antique vehicle may display a model year license plate originally issued by the state of Kansas on the front of an antique vehicle. Such license plate shall be inscribed with the date of the year corresponding to the model year when the vehicle was manufactured.'';
By renumbering sections 4 and 5 as sections 6 and 7, respectively;
Also on page 9, in line 12, following ``K.S.A.'' by inserting ``8-133 and 8-172 and K.S.A.'';
On page 1, in the title, in line 10, preceding ``amending'' by inserting ``providing for the
display of model year license plates;''; also in line 10, following ``K.S.A.'' by inserting ``8-133
and 8-172 and K.S.A.''; and the bill be passed as amended.
The Committee on Transportation recommends HB 2803 be amended on page 1, in
line 22, by striking ``highway'' and inserting ``transportation''; in line 23, by striking ``highway''
and inserting ``transportation''; in line 25, by striking ``highway'' and inserting ``transporta-
tion''; also in line 25, by striking ``and initiated after July 1, 2002''; in line 27, by striking
``high-''; in line 28, by striking ``way'' and inserting ``transportation''; in line 29, by striking
``highway'' and inserting ``transportation''; by striking all in lines 33 through 35 and inserting
the following:
``(d) Upon written request by the secretary of transportation, the director of accounts
and reports shall transfer the amount specified in such request from the Kansas transpor-
tation trust fund to the state highway fund.'';
Also on page 1, in line 37, by striking ``high-''; in line 38, by striking ``way'' and inserting
``transportation''; in line 41, by striking ``highway'' and inserting ``transportation''; by striking
all in line 43;
On page 2, by striking all in lines 1 through 30;
And by renumbering section 4 as section 3;
On page 1, in the title, in line 17, by striking ``highway'' and inserting ``transportation'';
in line 18, by striking ``; payment of employee bonuses''; and the bill be passed as amended.
The Committee on Transportation recommends Substitute for SB 139, as amended
by Senate Committee of the Whole, be amended by substituting a new bill to be designated
as ``HOUSE Substitute for Substitute for SENATE BILL No. 139,'' as follows:
``HOUSE Substitute for Substitute for SENATE BILL No. 139
By Committee on Transportation
``AN ACT concerning motor vehicles; relating to the taxation of certain motor vehicles;
amending K.S.A. 79-5105a and K.S.A. 1996 Supp. 8-134a, as amended by section 3 of
chapter 119 of the 1997 Session Laws of Kansas, and 79-5101, as amended by section
4 of chapter 119 of the 1997 Session Laws of Kansas, and repealing the existing sec-
tions.''; and the substitute bill be passed.
(H Sub. for Sub. SB 139 was thereupon introduced and read by title.)
REPORT ON ENGROSSED BILLS
HB 2534, 2732, 2765 reported correctly engrossed February 20, 1998.
REPORT ON ENROLLED BILLS
HB 2631 reported correctly enrolled, properly signed and presented to the governor on
February 23, 1998.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Tuesday, February
24, 1998.