February 24, 1998


Journal of the House


THIRTIETH DAY
______
Hall of the House of Representatives, Topeka, KS,
Tuesday, February 24, 1998, 11:00 a.m. 
 The House met pursuant to adjournment with Speaker Shallenburger in the chair.

 The roll was called with 123 members present.

 Rep. Lloyd was excused on verified illness.

 Rep. Holmes was excused on excused absence by the Speaker.

 Prayer by guest chaplain, the Rev. Kenneth A. Parker, pastor, First United Methodist
Church, Concordia, and guest of Rep. Freeborn:

      Lord, you are our Shepherd,

      May we not have want or need . . . wickedness or greed.

      May You make us to lie down in green pastures . . .

       and lead us to the still waters . . . as You restore our

       souls.

      May You guide us on the path of righteousness, compassion and

       justice . . . for Your sake . . . not ours.

      May we walk through the darkest of valleys, without fear . . .

       even with the shadow of death ever before us . . .

       for You are with us . . .

       Your rod and Your staff they comfort us.

      May Your love be so great that tables are prepared for us . . .

       in the midst of friends and our enemies.

      May You anoint us and may our blessings overflow.

      May goodness, mercy, and love follow us all of our days,

       in our work and in our leisure . . .

      May we live in Your house forever. Amen.

                                          (Adapted Psalm 23--New International Version)

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following bills and resolutions were referred to committees as indicated:

 Federal and State Affairs: HB 2986.

 Transportation: HCR 5044.

CONSENT CALENDAR
 Objection was made to HB 2835 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

 No objection was made to HB 2730, 2799, 2831 appearing on the Consent Calendar
for the first day.

 No objection was made to HB 2868; SB 476, 477 appearing on the Consent Calendar
for the second day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
 Sub. HB 2630, An act concerning the care and treatment of mentally ill persons; defining
qualified mental health professional; concerning the state security hospital at Larned;
amending K.S.A. 76-1305, 76-1306, 76- 1307 and K.S.A. 1997 Supp. 59-2946 and repealing
the existing sections, was considered on final action.

 On roll call, the vote was: Yeas 114; Nays 8; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Hen-
derson, Henry, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnston, Kejr,
Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long,
Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp,
Morrison, Myers, Neufeld, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Pe-
terson, Phelps, 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: Edmonds, Garner, Johnson, Kirk, Klein, Nichols, Pottorff, Spangler.

 Present but not voting: None.

 Absent or not voting: Holmes, Lloyd, O'Neal.

 The bill passed, as amended.

 HB 2769, An act concerning certain water districts; relating to the powers and duties of
the governing bodies thereof; amending K.S.A. 19-3516 and repealing the existing section,
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, Ballard, Beggs, Benlon, Boston, Campbell, Carmody, Cook,
Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Fin-
dley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glas-
scock, Grant, Gregory, Hayzlett, Helgerson, Henderson, Henry, Horst, Howell, Huff, Hu-
merickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill
Kline, Kuether, Lane, Larkin, M. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, McKinney, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Osborne, Pal-
mer, Pauls, E. Peterson, J. Peterson, Phelps, Powers, Presta, Ray, Reinhardt, Ruff, Sa-
muelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm,
Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Wells, Welshimer, Wilk, Wilson.

 Nays: Aurand, Ballou, Burroughs, Compton, Feuerborn, Haley, Krehbiel, Landwehr, P.
Long, Minor, Nichols, Packer, Pottorff, Powell, Reardon, Shallenburger, Spangler, Swenson,
Wempe.

 Present but not voting: None.

 Absent or not voting: Holmes, Lloyd, O'Neal.

 The bill passed, as amended.

 HB 2786, An act concerning certain fees collected by the register of deeds; amending
K.S.A. 28-115 and repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 51; Nays 71; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Allen, Beggs, Benlon, Boston, Carmody, Correll, Cox, Crow, Dreher, Ed-
monds, Empson,Feuerborn, Flower, Franklin, Geringer, Gilbert, Gilmore, Glasscock, Hay-
zlett, Helgerson, Horst, Huff, Phil Kline, Phill Kline, Lane, Larkin, McClure, Morrison, J.
Peterson, Powers, Ray, Ruff, Samuelson, Shallenburger, Sharp, Shore, Showalter, Shriver,
Shultz, Sloan, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Welshimer,
Wempe, Wilson.

 Nays: Alldritt, Aurand, Ballard, Ballou, Burroughs, Campbell, Compton, Cook, Dahl,
Dean, Dillon, Faber, Farmer, Findley, Flaharty, Flora, Freeborn, Garner, Grant, Gregory,
Haley, Henderson, Henry, Howell, Humerickhouse, Hutchins, Jennison, Johnson, Johnston,
Kejr, Kirk, Klein, Krehbiel, Kuether, Landwehr, M. Long, P. Long, Mason, Mayans, Mays,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Myers, Neufeld, Nichols,
O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Presta,
Reardon, Reinhardt, Sawyer, Schwartz, Spangler, Stone, Swenson, Vining, Wagle, Weber,
Weiland, Wells, Wilk.

 Present but not voting: None.

 Absent or not voting: Holmes, Lloyd, O'Neal.

 The bill did not pass.

 HB 2806, An act concerning municipalities; relating to the payment of claims submitted
by employees for reimbursement of travel expenses; amending K.S.A. 12-105b and repealing
the existing section, 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, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Cox, Crow, Dean, Dillon, Dreher, Empson, Farmer, Feuer-
born, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gil-
more, Glasscock, Grant, Haley, Helgerson, Henderson, Henry, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jennison, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, Mays, McClure, McCreary, Mc-
Kechnie, McKinney, Morrison, Myers, Neufeld, Nichols, Osborne, Packer, Palmer, Pauls,
E. Peterson, 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, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.

 Nays: Ballou, Correll, Dahl, Edmonds, Faber, Gregory, Hayzlett, Johnson, P. Long, Ma-
son, Mayans, Minor, Mollenkamp, O'Connor, Shore, Weber.

 Present but not voting: None.

 Absent or not voting: Holmes, Lloyd, O'Neal.

 The bill passed, as amended.

 HB 2832, An act concerning county hospitals; relating to hospital boards; amending
K.S.A. 19-4605 and repealing the existing section, was considered on final action.

 On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, 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, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, 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, To-
elkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Holmes, Lloyd, O'Neal.

 The bill passed, as amended.

 HCR 5042, A concurrent resolution establishing a task force on providers of mental
health services to study the providing of treatment for persons with mental disorders, was
considered on final action.

 On roll call, the vote was: Yeas 107; Nays 15; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dean, Dillon, Dreher, Empson, Far-
mer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer,
Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Horst,
Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill
Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Morrison, Myers, Nichols, Os-
borne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Showalter, Shriver,
Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilson.

 Nays: Aurand, Dahl, Edmonds, Faber, Hayzlett, Howell, Jennison, Mollenkamp, Neufeld,
O'Connor, Packer, Shallenburger, Shore, Swenson, Wilk.

 Present but not voting: None.

 Absent or not voting: Holmes, Lloyd, O'Neal.

 The resolution was adopted, as amended.

 On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
O'Connor in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. O'Connor, Committee of the Whole report, as follows, was adopted:

 Recommended that committee report to HB 2126 be adopted and the bill be passed as
amended.

 On motion of Rep. Landwehr to amend HB 2626, the motion did not prevail. Also, on
motion of Rep. Powers to amend, the motion did not prevail and the bill be passed.

 On motion of Rep. Kirk HB 2627 be amended on page 1, in line 13, before ``Section''
by inserting ``New''; following line 38, by inserting the following:

    ``Sec. 2. K.S.A. 38-1531 is hereby amended to read as follows: 38-1531. (a) Filing of
petition. An action pursuant to this code is commenced by the filing of a petition with the
clerk of the district court.

    (b) Contents of petition. (1) The petition shall state, if known:

    (A) The name, date of birth and residence address of the child;

    (B) except as provided further, the name and residence address of the child's parents.
If one parent is the sole legal custodian of the child or only one parent is identified on the
child's birth certificate, only such parent's name and residence address is required on the
petition;

    (C) the name and residence address of any persons having custody or control of the
child, or the nearest known relative if no parent can be found; and

    (D) plainly and concisely in the language of the statutory definition, the basis for re-
questing that the court assume jurisdiction over the child.

    (2) The petition shall also state the specific facts which are relied upon to support the
allegation referred to in the preceding paragraph including any known dates, times and
locations.

    (3) The proceedings shall be entitled: ``In the Interest of ____________.''

    (4) The petition shall contain a request that the court find the child to be a child in
need of care.

    (5) The petition shall contain a request that the parent or parents be ordered to pay
child support. The request for child support may be omitted with respect to a parent already
ordered to pay child support for the child and shall be omitted with respect to one or both
parents upon written request of the secretary.

    (c) Motions. Motions may be made orally or in writing. The motion shall state with
particularity the grounds for the motion and shall state the relief or order sought.

    Sec. 3. K.S.A. 38-1532 is hereby amended to read as follows: 38-1532. Upon the filing
of a petition under this code the court shall proceed by one of the following methods:

    (a) Issue summons stating the place and time at which the parties are required to appear
and answer the allegations of the petition, which shall be within 30 days of the date the
petition is filed, and deliver the summons with copies of the petition attached to the sheriff
or a person specially appointed to serve it.

    (b) If the child has been taken into protective custody under the provisions of K.S.A.
38-1542 and a temporary custody hearing is held as required by K.S.A. 38-1543, a copy of
the petition shall be served at the hearing on each interested party who is in attendance at
the hearing and a record of service made a part of the proceedings. The court shall announce
the time the parties will be required to next appear before the court. Process shall be served
on any interested party not at the temporary custody hearing.

    Upon the written request of the petitioner or the county or district attorney separate or
additional summons shall be issued to any interested party.

    The court shall attempt to notify both parents but may proceed without notifying both
parents if one parent is the sole legal custodian of the child or only one parent is identified
on the child's birth certificate and such parent is served pursuant to K.S.A. 38-1533 and
amendments thereto.

    Sec. 4. K.S.A. 38-1533 is hereby amended to read as follows: 38-1533. (a) Persons upon
whom served. The summons and a copy of the petition shall be served on the child alleged
to be a child in need of care by serving the guardian ad litem appointed for the child, the
parents or parent having legal custody, identified on the child's birth certificate or who may
be ordered to pay child support by the court, the person with whom the child is residing
and any other person designated by the county or district attorney.

    (b) Form of summons. The summons shall be issued by the clerk, dated the day it is
issued, contain the name of the court and the caption of the case and be in substantially the
following form:

(Name of Court)
In the Interest of ____________  Case No.

                  (Names)
Date of birth ____________

Each a child under 18 years of age

S U M M O N S
TO:
(Names)
(Relationship)
(Addresses)
    A petition has been filed in this court, a copy of which is attached.

    On ____________  , 19____, at ________ o'clock ____m. the above par-
ent(s), and any other person having legal custody are required to appear before this court
at ____________  , or prior to that time file your written response to the petition with
the clerk of this court.

    Failure to respond or to appear before the court at the above time will not prevent the
court from entering judgment that each child is a child in need of care if it finds judgment
should be granted and removing the child from the custody of parent, parents or any other
present legal custodian until the further order of the court. The court may order one or
both parents to pay child support. If, after a child has been adjudged to be a child in need
of care, the court finds a parent or parents to be unfit, the court may make an order
permanently terminating the parent's or parents' parental rights.

    ____________, an attorney, has been appointed as guardian ad litem for the child
or children. Each parent or legal custodian has the right to appear and be heard personally
either with or without an attorney. The court will appoint an attorney for any parent who
is financially unable to hire one.

Date ____________, 19____  Clerk of the District Court
by ____________________
  (Seal)
    Sec. 5. K.S.A. 38-1531, 38-1532 and 38-1533 are hereby repealed.'';

    And by renumbering the remaining sections accordingly;

    In the title, on page 1, in line 9, by striking ``the Kansas parentage act'' and inserting
``children''; in line 10, before the period by inserting ``under the Kansas parentage act;
relating to the filing of the petition and the summons in a child in need of care case;
amending K.S.A. 38-1531, 38-1532 and 38-1533 and repealing the existing sections''; and
HB 2627 be passed as amended.

 Committee report to HB 2820 be adopted and the bill be passed as amended.

 Committee report to HB 2222 be adopted and the bill be passed as amended.

 Committee report to HB 2726 be adopted; also, on motion of Rep. Helgerson be
amended on page 11, following line 32, by inserting the following:

    ``New Sec. 13. Upon receipt of any moneys that are received by or for the state of
Kansas as damages or other payments received pursuant to any court judgment entered in,
or under any settlement of, any case seeking injunctive relief, monetary relief, including,
without limitation, damages and civil penalties, or other relief against tobacco industry com-
panies and related entities in litigation arising from the advertising, marketing, manufactur-
ing, promotion, sale or distribution of cigarettes and other tobacco products, including any
such moneys received from any party to any such case or from the federal government or
any agency thereof, all such moneys shall be deposited in the state treasury and shall be
credited as follows: (a) The amount equal to 50% of the amount deposited shall be credited
to the residential property tax exemption finance fund, and (b) the remainder of each such
deposit shall be credited to the children's health care programs fund.

    New Sec. 14. There is hereby established in the state treasury the residential property
tax exemption finance fund which shall be administered by the secretary of revenue. All
expenditures from the residential property tax exemption finance fund shall be for the
purposes of providing funding for increasing the amount of the residential property tax
exemption provided by K.S.A. 79-201x and amendments thereto and shall be made in ac-
cordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of revenue or the secretary's designee.

    New Sec. 15. There is hereby established in the state treasury the children's health care
programs fund which shall be administered by the secretary of social and rehabilitation
services. All expenditures from the children's health care programs fund shall be for the
purposes providing funding for children's health care programs as provided by statute and
shall be made in accordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the secretary of social and
rehabilitation services or the secretary's designee.'';

    And by renumbering sections accordingly;

    On page 1, in the title, in line 12, before ``amending'' by inserting ``disposition of amounts
received pursuant to certain litigation arising from sales and marketing of cigarettes and
tobacco products;''; and HB 2726 be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Agriculture recommends HB 2930 be not passed.

    The Committee on Economic Development recommends HB 2933 be amended on
page 1, in line 33, by striking ``If'' and inserting: ``In the alternative, if''; in line 35, after
``experiences'' by inserting: ``other than such community services and assistance''; and the
bill be passed as amended.

    The Committee on Education recommends HB 2609 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL No. 2609,'' as follows:

``SUBSTITUTE FOR HOUSE BILL No. 2609
By Committee on Education
``AN ACT concerning the state board of cosmetology; persons and practices regulated by
      the board; amending K.S.A. 65-1904a, 65-1904b, 65-1905, 65-1906, 65-1909, 74-2703
      and 74-2704 and K.S.A. 1997 Supp. 65-1901, 65-1902, 65-1903, 65-1904, 65-1907, 65-
      1908, 65-1912 and 74-2701 and repealing the existing sections.''; and the substitute bill
      be passed.

       (Sub. HB 2609 was thereupon introduced and read by title.)

    The Committee on Education recommends HB 2837 be amended on page 2, in line 1,
by striking ``and'' and inserting a comma; also in line 1, after ``function'', by inserting ``, and
is accredited by an accrediting agency acceptable to the secretary of health and environ-
ment''; and the bill be passed as amended.

 The Committee on Education recommends HCR 5029 be adopted and, because the
committee is of the opinion that the concurrent resolution is of a noncontroversial nature,
be placed on the consent calendar.

    The Committee on Environment recommends HB 2925 be amended on page 1, by
striking all of lines 22 and 23; in line 24, by striking all preceding the period and inserting
``commercial and industrial activities that require a permit pursuant to K.S.A. 82a-301 et
seq., and amendments thereto are prohibited except for public water supplies, wastewater
and stormwater outfalls, electric utilities, flood control and drainage works, bridges or buried
transmission lines and pipelines''; in line 34, by striking ``170'' and inserting ``170.4''; pre-
ceding line 35, by inserting the following:

    ``Sec. 2. Any person who commits any of the following along the Kansas river shall be
subject to prosecution: Criminal trespass as defined by K.S.A. 21-3721 and amendments
thereto; littering, as defined by K.S.A. 21-3722 and amendments thereto; injury to a do-
mestic animal, as defined by K.S.A. 21-3727 and amendments thereto; criminal hunting, as
defined by K.S.A. 21-3728 and amendments thereto; obstructing, injuring, damaging or
destroying property in violation of K.S.A. 24-636 and amendments thereto; or any other
violation of law.'';

    By renumbering section 2 as section 3;

    In the title, in line 10, preceding the period, by inserting ``; relating to prosecution for
certain crimes''; and the bill be passed as amended.

    The Committee on Governmental Organization and Elections recommends HB
2654 be amended by substituting a new bill to be designated as ``Substitute for HOUSE
BILL No. 2654,'' as follows:

``Substitute for HOUSE BILL No. 2654
By Committee on Governmental Organization and Elections
``AN ACT concerning governmental ethics; relating to certain violations; amending K.S.A.
46-215 and 46-277 and repealing the existing sections.''; and the substitute bill be passed.
] (Sub. HB 2654 was thereupon introduced and read by title.)
    The Committee on Governmental Organization and Elections recommends HB
2685 be amended on page 1, by striking all in lines 13 through 26 and inserting:

    ``Section 1. K.S.A. 19-304 is hereby amended to read as follows: 19-304. The county
clerk shall keep his:
    (a) Keep the clerk's office at the county seat; shall

    (b) attend the sessions of the board of county commissioners, either in person or by
deputy;

    (c) keep the seals, records and papers of the said board of commissioners; and shall

    (d) sign the records of the proceedings of the board of commissioners, and attest the
same with the seal of the county; and
    (e) have the general powers of a notary public in the performance of all notarial acts.

    Sec. 2. K.S.A. 53-504 is hereby amended to read as follows: 53-504. (a) A notarial act
may be performed within this state by the following persons:

    (1) A notary public of this state,;

    (2) a judge, clerk or deputy clerk of any court of this state, or;
    (3) a county clerk or deputy county clerk; or

    (3) (4) any other person authorized to perform the specific act by the law of this state.

    (b) Notarial acts performed within this state under federal authority as provided in
K.S.A. 53-506, and amendments thereto, shall have the same effect as if performed by a
notarial officer of this state.

    (c) The signature and title of a person performing a notarial act are prima facie evidence
that the signature is genuine and that the person holds the designated title.

    Sec. 3. K.S.A. 19-304 and 53-504 are hereby repealed.'';

    By renumbering section 3 as section 4;

    In the title, in line 9, by striking all following ``to'' by striking all in line 10 and inserting
``the powers and duties thereof; amending K.S.A. 19-304 and 53-504 and repealing the
existing sections.''; and the bill be passed as amended.

 The Committee on Tourism recommends HB 2911 be passed.

 (Having been referred separately, HB 2911 is now in Committee on Appropriations.)

 The Committee on Transportation recommends HB 2782 be passed.

    The Committee on Utilities recommends Substitute for HB 2649 be amended by
substituting a new bill to be designated as ``Substitute for Substitute for HOUSE BILL No.
2649,'' as follows:

``Substitute for Substitute for HOUSE BILL No. 2649
By Committee on Utilities
``AN ACT concerning telecommunications; prescribing procedures for certain changes in a
      consumer's primary long distance carrier or local exchange carrier and changes or ad-
      ditions to a consumer's other telecommunications services; providing penalties for vio-
      lations.''; and the substitute bill be passed.

       (H. Sub. for Sub. HB 2649 was thereupon introduced and read by title.)

 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 and concurrent resolution were introduced and read by title:

 HB 2987, An act concerning county roads; relating to the removal of poles, piers, pipe-
lines and fixtures from rights-of-way, by Committee on Federal and State Affairs.

 HB 2988, An act concerning the state health care benefits program; covered services;
amending K.S.A. 75-6501 and repealing the existing section, by Committee on Federal and
State Affairs.

 HB 2989, An act concerning adult care homes; amending K.S.A. 1997 Supp. 39-923 and
repealing the existing section, by Committee on Appropriations.

HOUSE CONCURRENT RESOLUTION No. 5045--

By Committee on Tourism


A PROPOSITION to amend section 1 of article 11 of the constitution of the state
of Kansas, relating to the taxation of property.

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
1 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows:

          ``§ 1. System of taxation; classification; exemption. (a) The provisions of
      this subsection shall govern the assessment and taxation of property on and after
      January 1, 1993, and each year thereafter. Except as otherwise hereinafter specifically
      provided, the legislature shall provide for a uniform and equal basis of valuation and
      rate of taxation of all property subject to taxation. The legislature may provide for
      the classification and the taxation uniformly as to class of recreational vehicles, in-
      cluding watercraft, as defined by the legislature, or may exempt such class from
      property taxation and impose taxes upon another basis in lieu thereof. The provisions
      of this subsection shall not be applicable to the taxation of motor vehicles, except as
      otherwise hereinafter specifically provided, mineral products, money, mortgages,
      notes and other evidence of debt and grain. Property shall be classified into the
      following classes for the purpose of assessment and assessed at the percentage of
      value prescribed therefor:

    Class 1 shall consist of real property. Real property shall be further classified into seven
subclasses. Such property shall be defined by law for the purpose of subclassification and
assessed uniformly as to subclass at the following percentages of value:

(1) Real property used for residential purposes including multi-familyresidential real property and real property necessary to accommo-date a residential community of mobile or manufactured homes in-cluding the real property upon which such homes are located 111/2%
(2) Land devoted to agricultural use which shall be valued upon thebasis of its agricultural income or agricultural productivity pursuantto section 12 of article 11 of the constitution 30%
(3) Vacant lots 12%
(4) Real property which is owned and operated by a not-for-profit or-ganization not subject to federal income taxation pursuant to section501 of the federal internal revenue code, and which is included inthis subclass by law 12%
(5) Public utility real property, except railroad real property which shallbe assessed at the average rate that all other commercial and indus-trial property is assessed 33%
(6) Real property used for commercial and industrial purposes andbuildings and other improvements located upon land devoted to ag-ricultural use 25%
(7) All other urban and rural real property not otherwise specificallysubclassified 30%
    Class 2 shall consist of tangible personal property. Such tangible personal property shall
be further classified into six subclasses, shall be defined by law for the purpose of subclas-
sification and assessed uniformly as to subclass at the following percentages of value:

(1) Mobile homes used for residential purposes 111/2%
(2) Mineral leasehold interests except oil leasehold interests the averagedaily production from which is five barrels or less, and natural gasleasehold interests the average daily production from which is 100mcf or less, which shall be assessed at 25% 30%
(3) Public utility tangible personal property including inventoriesthereof, except railroad personal property including inventoriesthereof, which shall be assessed at the average rate all other com-mercial and industrial property is assessed 33%
(4) All categories of motor vehicles not defined and specifically valuedand taxed pursuant to law enacted prior to January 1, 1985 30%
(5) Commercial and industrial machinery and equipment which, if itseconomic life is seven years or more, shall be valued at its retail costwhen new less seven-year straight-line depreciation, or which, if itseconomic life is less than seven years, shall be valued at its retail costwhen new less straight-line depreciation over its economic life, ex-cept that, the value so obtained for such property, notwithstandingits economic life and as long as such property is being used, shallnot be less than 20% of the retail cost when new of suchproperty 25%
(6) All other tangible personal property not otherwise specificallyclassified 30%
    (b) All property used exclusively for state, county, municipal, literary, educational, sci-
entific, religious, benevolent and charitable purposes, farm machinery and equipment, mer-
chants' and manufacturers' inventories, other than public utility inventories included in
subclass (3) of class 2, livestock, and all household goods and personal effects not used for
the production of income, shall be exempted from property taxation.''

    Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:

          ``Explanatory statement. This amendment would include watercraft as a recrea-
      tional vehicle and allow flexibility in classifying and assessing such watercraft for
      taxation purposes.

          ``A vote for this proposition would as of January 1, 1999, change the classification
      of watercraft from tangible personal property tax classification for motor vehicles to
      create a separate classification which would allow such property to be assessed at a
      more flexible rate.

          ``A vote against this proposition would continue the current classification of tan-
      gible personal property tax on watercraft and continue the assessment of watercraft
      at the same rate as a motor vehicle.''

    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.

 On motion of Rep. Jennison, the House recessed until 3:30 p.m.









February 24, 1998


______
AFTERNOON SESSION
 The House met pursuant to recess with Speaker pro tem Wagle in the chair.

 Rep Welshimer was excused on excused absence by the Speaker for the remainder of the
day.

MESSAGE FROM THE SENATE
 Announcing passage of SB 435, 454, 455, 462, 474, 505, 506, 513, 523, 532, 543,
545, 618.

 Announcing adoption of SCR 1616.

 The Senate concurs in House amendments to SB 256.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
 The following Senate bills and concurrent resolution were thereupon introduced and read
by title:

 SB 435, 454, 455, 462, 474, 505, 506, 513, 523, 532, 543, 545, 618; SCR 1616.

 On motion of Rep. Mays, the House went into Committee of the Whole, with Rep.
McKechnie in the chair.

COMMITTEE OF THE WHOLE
 On motion of Rep. McKechnie, Committee of the Whole report, as follows, was adopted:

 Recommended that HB 2711, 2669 be passed.

 Committee report to HB 2744 be adopted; also, on motion of Rep. Faber to amend, the
motion did not prevail. Also, on motion of Rep. Tomlinson to amend, the motion did not
prevail. Also, on motion of Rep. Klein to amend, the motion did not prevail and the bill be
passed as amended.

 Committee report to HB 2233 be adopted and the bill be passed as amended.

 Committee report recommending a substitute bill to Sub. HB 2640 be adopted and the
substitute bill be passed.

 Committee report to HB 2904 be adopted; also, on motion of Rep. Garner to amend,
the motion did not prevail and the bill be passed as amended.

 On motion of Rep. Klein HB 2860 be amended on page 2, in line 20, by inserting after
the word ``payment'', the following: ``with the intent to defraud''; and the bill be passed as
amended.

 Committee report to HB 2838 be adopted and the bill be passed as amended.

 Committee report to HB 2759 be adopted; also, on motion of Rep. Horst be amended
in the title, in line 10, by striking ``city'' and inserting ``certain'';

 Also, on motion of Rep. Packer to amend HB 2759, Rep. Crow requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back to the motion of Rep. Packer to amend on page 1, in line
19, before ``Section'' by inserting ``New'';

    On page 2, following line 23, by inserting:

    ``Sec. 2. K.S.A. 1997 Supp. 12-3904 is hereby amended to read as follows: 12-3904. (a)
Whenever a petition, signed by not less than 10% of the qualified electors of any political
or taxing subdivision of this state or any two or more political or taxing subdivisions of this
state, shall be filed with the governing body of such subdivision or subdivisions requesting
that a proposition for the consolidation of specified operations, procedures and functions of
designated offices or agencies of such subdivision or subdivisions be submitted to the elec-
tors thereof, such governing body or governing bodies shall submit such proposition at an
election called and held for such purpose in the manner provided by the general bond law.
The wording of such a petitioned-for proposition affecting the functions of two or more
subdivisions shall be expressed in general terms. Subject to the provisions of subsection (b),
if the proposition is approved by a majority of the electors voting thereon, the governing
body or governing bodies shall develop and implement a plan for the consolidation consistent
with the intent of the proposition. If such proposition eliminates an elective office by con-
solidation, the governing body of such subdivision or subdivisions shall provide for the
hearing by K.S.A. 12-3903, and amendments thereto. The governing body shall submit such
proposition at the next regular general election of the county in which the office of governor
is elected in accordance with K.S.A. 12-3903, and amendments thereto.

    (b) Whenever the consolidation affects the functions of two or more political or taxing
subdivisions, a majority of the qualified electors of each political or taxing subdivision shall
be required to approve any consolidation proposition submitted at any election required by
this section.

    Sec. 3. K.S.A. 1997 Supp. 12-3904 is hereby repealed.'';

    By renumbering sections accordingly;

    In the title, by striking all in line 10 and inserting:

    ``AN ACT concerning municipalities; relating to the powers and duties thereof; amending
K.S.A. 12-3904 and repealing the existing section.'';

 Roll call was demanded.

 On roll call, the vote was: Yeas 86; Nays 32; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Aurand, Ballou, Beggs, Boston, Burroughs, Campbell, Compton, Dahl, Dean, Dil-
lon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Flower, Franklin, Freeborn,
Garner, Geringer, Gilmore, Grant, Gregory, Haley, Hayzlett, Helgerson, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Klein, Phill Kline,
Krehbiel, Landwehr, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, Mc-
Creary, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Os-
borne, Packer, Palmer, Pauls, J. Peterson, Pottorff, Powell, Powers, Presta, Sawyer, Shal-
lenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Swenson,
Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Wempe, Wilson.

 Nays: Adkins, Allen, Ballard, Benlon, Carmody, Cook, Correll, Cox, Crow, Findley, Fla-
harty, Gilbert, Glasscock, Henderson, Kirk, Phil Kline, Kuether, Lane, McKechnie, Mc-
Kinney, E. Peterson, Phelps, Ray, Reardon, Reinhardt, Ruff, Samuelson, Schwartz, Storm,
Tomlinson, Weiland, Wells.

 Present but not voting: None.

 Absent or not voting: Alldritt, Flora, Henry, Holmes, Lloyd, Welshimer, Wilk.

 The motion of Rep. Packer prevailed.

 Also, on further motion of Rep. Packer to amend HB 2759, Rep. Campbell requested a
ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment
germane. The question then reverted back to the motion of Rep. Packer to amend which
did not prevail.

 Also, on motion of Rep. Edmonds to amend HB 2759, Rep. Shore requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment ger-
mane. The question then reverted back to the motion of Rep. Edmonds to amend on page
2, after line 23, by inserting the following:

    ``Sec. 2. (a) As used in this section ``swine enterprise'' means: (1) A confined feeding
facility as defined in K.S.A. 65-171d and amendments thereto with an animal unit capacity
of 2,000 or more for swine;

    (2) a swine production facility as defined in K.S.A. 17-5903 and amendments thereto
with an animal unit capacity of 4,500 and shall also include any other business entity or
individual person engaging in the same activities as a swine production facility with an animal
unit capacity of 4,500 or more;

    (3) a feedlot as defined in K.S.A. 17-5903 and amendments thereto with an animal unit
capacity of 2,000 or more for swine; or

    (4) a slaughterhouse which slaughters swine in an amount of 500,000 or more head
annually or a packing plant for swine, or both.

    (b) No swine enterprise shall receive a permit from the secretary of health and envi-
ronment pursuant to the provisions of the water pollution control system established pur-
suant to K.S.A. 65-161 et seq. and amendments thereto for a new facility or an expansion
of an existing facility without having complied with the provisions of this section.

    (c) (1) Prior to making application for such permit as provided in subsection (b) or prior
to such permit being granted by the secretary if such application has already been submitted
on the effective date of this section, such swine enterprise shall request the board of county
commissioners of the county in which such swine enterprise wants to locate or expand to
submit to the qualified electors of the county a proposition to permit such a swine enterprise
to be established or expanded within the county.

    (2) The county election officer upon the submission of a valid petition shall submit the
question of whether such swine enterprise shall be allowed to be established or expanded
in such county at the next state or county-wide regular election which occurs more than 60
days after the the request is delivered to the board of county commissioners.

    (3) If a majority of the votes cast and counted are in opposition to allowing such swine
enterprise to be established or expanded in such county, the county election officer shall
transmit a copy of the result to the secretary of state who shall publish in the Kansas register
the result of such election and that such swine enterprise is not allowed to be established
or expanded in such county.

    (4) If a majority of the votes cast and counted is in favor of the proposition, the county
election officer shall transmit a copy of the result to the secretary of state who shall publish
in the Kansas register the result of such election and that such swine enterprise is allowed
to be established or expanded in such county.

    (5) The election provided for by this section shall be conducted, and the votes counted
and canvassed, in the manner provided by law for question submitted elections of the county.

    (d) Except for expansion of existing facilities, the provisions of this section shall not
apply to any swine enterprise which has already received a permit as provided in subsection
(a) by July 1, 1998.

    (e) The provisions of this section shall be called and may be cited as the swine enterprise
referendum act.'';

    And by renumbering sections accordingly;

    On page 1, in the title, in line 10, by striking ``city''; also in line 10, after ``to'' by inserting
``city elections,''; also in line 10, after ``electors'' by inserting ``; county elections for estab-
lishment and expansion of certain swine enterprises'';

 Roll call was demanded.

 On roll call, the vote was: Yeas 58; Nays 61; Present but not voting: 0; Absent or not
voting: 6.

 Yeas: Alldritt, Ballard, Burroughs, Crow, Dean, Dillon, Edmonds, Faber, Feuerborn,
Findley, Flaharty, Flora, Garner, Gilbert, Grant, Gregory, Helgerson, Henderson, Horst,
Howell, Hutchins, Johnston, Kirk, Klein, Krehbiel, Kuether, Landwehr, Larkin, P. Long,
Mays, McClure, McCreary, McKechnie, Mollenkamp, Morrison, Nichols, O'Neal, Packer,
Palmer, Pauls, E. Peterson, Phelps, Pottorff, Powell, Presta, Reardon, Ruff, Sawyer, Show-
alter, Spangler, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Wells.

 Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Campbell, Compton, Cook,
Correll, Cox, Dahl, Dreher, Empson, Farmer, Flower, Franklin, Freeborn, Geringer, Gil-
more, Glasscock, Haley, Hayzlett, Huff, Humerickhouse, Jennison, Johnson, Kejr, Phil
Kline, Phill Kline, Lane, M. Long, Mason, McKinney, Minor, Myers, Neufeld, O'Connor,
Osborne, J. Peterson, Powers, Ray, Reinhardt, Samuelson, Schwartz, Shallenburger, Sharp,
Shore, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tomlinson, Weber, Weiland, Wempe,
Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Carmody, Henry, Holmes, Lloyd, Mayans, Welshimer.

 The motion of Rep. Edmonds did not prevail and HB 2759 be passed as amended.

REPORTS OF STANDING COMMITTEES
 The Committee on Appropriations recommends HB 2792, 2877 be passed and, be-
cause the committee is of the opinion that the bills are of a noncontroversial nature, be
placed on the consent calendar.

    The Committee on Education recommends HB 2907 be amended on page 1, in line
17, by striking ``every'' and inserting ``any''; in line 18, by striking ``may'' and inserting ``hereby
is authorized to''; in line 19, by striking ``, up''; by striking all of line 20; in line 21, by striking
all before the period; 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 and concurrent resolution were introduced and read by title:

 HB 2990, An act concerning the department of social and rehabilitation services; pro-
viding for a Kansas medicaid drug program; prescribing guidelines; rules and regulations,
by Committee on Appropriations.

 HB 2991, An act concerning elections; enacting the Kansas clean money campaign re-
form act; amending K.S.A. 1997 Supp. 25-4148 and repealing the existing section, by Com-
mittee on Appropriations.

HOUSE CONCURRENT RESOLUTION No. 5046--

By Committee on Appropriations


A PROPOSITION to amend section 1 of article 11 of the constitution of the state of Kansas,
      relating to the taxation of property.

      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
1 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows:

       ``§§ 1. System of taxation; classification; exemption. (a) The provisions of
      this subsection shall govern the assessment and taxation of property on and after
      January 1, 1993, and each year thereafter. Except as otherwise hereinafter specifically
      provided, the legislature shall provide for a uniform and equal basis of valuation and
      rate of taxation of all property subject to taxation. The legislature may provide for
      the classification and the taxation uniformly as to class of recreational vehicles, as
      defined by the legislature, or may exempt such class from property taxation and
      impose taxes upon another basis in lieu thereof. The provisions of this subsection
      shall not be applicable to the taxation of motor vehicles, except as otherwise here-
      inafter specifically provided, mineral products, money, mortgages, notes and other
      evidence of debt and grain. Property shall be classified into the following classes for
      the purpose of assessment and assessed at the percentage of value prescribed there-
      for:

    Class 1 shall consist of real property. Real property shall be further classified into seven
subclasses. Such property shall be defined by law for the purpose of subclassification and
assessed uniformly as to subclass at the following percentages of value:

(1) Real property used for residential purposes including multi-family residential real property and real property necessary to accommodate aresidential community of mobile or manufactured homes including thereal property upon which such homes are located 111/2%
(2) Land devoted to agricultural use which shall be valued upon the basisof its agricultural income or agricultural productivity pursuant to section12 of article 11 of the constitution 30%
(3)Vacant lots 12%
(4) Real property which is owned and operated by a not-for-profit organi-zation not subject to federal income taxation pursuant to section 501 ofthe federal internal revenue code, and which is included in this subclassby law 12%
(5) Public utility real property, except railroad real property which shall beassessed at the average rate that all other commercial and industrialproperty is assessed 33%
(6) Real property used for commercial and industrial purposes and build-ings and other improvements located upon land devoted to agriculturaluse 25%
(7) All other urban and rural real property not otherwise specifically sub-classified 30%
    Class 2 shall consist of tangible personal property. Such tangible personal property shall
be further classified into six subclasses, shall be defined by law for the purpose of subclas-
sification and assessed uniformly as to subclass at the following percentages of value:

(1) Mobile homes used for residential purposes 111/2%
(2) Mineral leasehold interests except oil leasehold interests the averagedaily production from which is five barrels or less, and natural gas lease-hold interests the average daily production from which is 100 mcf orless, which shall be assessed at 25% 30%
(3) Public utility tangible personal property including inventories thereof,except railroad personal property including inventories thereof, whichshall be assessed at the average rate all other commercial and industrialproperty is assessed 33%
(4) All categories of motor vehicles not defined and specifically valued andtaxed pursuant to law enacted prior to January 1, 1985 30%
(5) Commercial and industrial machinery and equipment which, if its ec-onomic life is seven years or more, shall be valued at its retail cost whennew less seven-year straight-line depreciation, or which, if its economiclife is less than seven years, shall be valued at its retail cost when newless straight-line depreciation over its economic life, except that, thevalue so obtained for such property, notwithstanding its economic lifeand as long as such property is being used, shall not be less than 20%of the retail cost when new of such property 25%
(6) All other tangible personal property not otherwise specifically classified30%
    (b) All property used exclusively for state, county, municipal, literary, educational, sci-
entific, religious, benevolent and charitable purposes, farm machinery and equipment, mer-
chants' and manufacturers' inventories, other than public utility inventories included in
subclass (3) of class 2, livestock, and all household goods and personal effects not used for
the production of income, shall be exempted from property taxation.

    (c) Except as otherwise hereinafter provided, in tax year 1999, and all tax years there-
after, the aggregate of property tax levied upon each parcel of property used for residential
purposes and property described by subclass (4) of class 1, shall not exceed 1% of its ap-
praised value and the aggregate of property tax levied upon each parcel of real property
used for commercial or industrial purposes and land devoted to agricultural use shall not
exceed 1.5% of its appraised value. Property taxes may be levied in excess of such limitations
for: (1) The repayment of indebtedness incurred prior to November 3, 1998, and interest
thereon; (2) the repayment of indebtedness incurred on and after November 3, 1998, and
interest thereon, if authorized by the vote of a majority of the qualified electors of the taxing
district; and (3) the payment of improvement costs by special assessments. Pursuant to law,
such limitations may be suspended or adjusted within a taxing district for any one year or
for a specified number of years and property tax may be levied for such year or years in
excess of such limitations if authorized by the vote of a majority of the qualified electors of
the taxing district. The legislature shall prescribe the manner by which the hereinbefore
prescribed aggregate limitations shall be prorated among taxing districts.

    Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:

       ``Explanatory statement. This amendment would establish limitations upon the
      aggregate of property tax which may be levied upon certain property.

       ``A vote for this proposition would, as of January 1, 1999, establish limitations on
      the aggregate of property tax which may be levied upon property used for residential
      purposes, real property owned by certain not-for-profit organizations, real property
      used for commercial or industrial purposes and land devoted to agricultural use.
      Such limitation with respect to residential property and real property owned by
      certain not-for-profit organizations would be 1% of its appraised valuation and with
      respect to commercial and industrial real property and land devoted to agricultural
      use would be 1.5% of its appraised valuation. Such limitations could be suspended
      or adjusted upon approval of the electorate of a taxing district.

       ``A vote against this proposition would continue the current system of property
      taxation.''

    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.

REPORT ON ENGROSSED BILLS
 Sub. HB 2630; HB 2769, 2786, 2806, 2832 reported correctly engrossed February 23,
1998.

 Also, HB 2126, 2222, 2627, 2726, 2820 reported correctly engrossed February 24,
1998.

REPORT ON ENGROSSED RESOLUTIONS
 HCR 5042 reported correctly engrossed February 23, 1998.

 On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Wednesday, February
25, 1998.

CHARLENE SWANSON, Journal Clerk. 
JANET E. JONES, Cheif Clerk.