The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 122 members present.
Rep. Lloyd was excused on verified illness.
Reps. Packer and E. Peterson were excused on excused absence by the Speaker.
Prayer by Chaplain Washington:
Heavenly Father, Gracious Father, Merciful Master, Lord, You're all that and
more. Lord, when the myriad of qualities that make You God, bless us in such a
variety of ways, whatever we decide to call You seem to fall so very short.
In Exodus 3:13-15, when Moses wanted a Name for You, You gave him the name
``I Am,'' with no predicate. Thank You Lord for leaving it open ended. Thank You
for letting us fill in our own individual predicate. Thank You for meeting each of us
at the point of our personal need.
Today, someone needs to be able to call You their Doctor. Someone else needs
to name You as their lawyer. Still another is troubled and needs a comforter. As the
Prophet Isaiah said in chapter 9, verse 6, some of us would call You ``Wonderful
Counselor, Mighty God, Everlasting Father and Prince of Peace.''
Lord, would You be the Guide and the Mainstay for each of us today?
I come to You In the Name of Jesus, The Savior From Sin. Amen and Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 3015, An act concerning district coroners; relating to special deputy coroners; amend-
ing K.S.A. 22a-226 and repealing the existing section, by Committee on Federal and State
Affairs.
HB 3016, An act relating to sales taxation; concerning treatment of sales of prepaid
telephone calling cards; amending K.S.A. 79-3603 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:
Education: SB 604.
Governmental Organization and Elections: SB 432.
Transportation: HB 3014.
CHANGE OF REFERENCE
Speaker Shallenburger announced the withdrawal of SB 672 from Committee on Ap-
propriations and referral to Committee on Economic Development.
COMMUNICATIONS FROM STATE OFFICERS
From Kay McFarland, Chief Justice, in accordance with K.S.A. 20-320, State of the
Judiciary, Annual Report of the Chief Justice of the Kansas Supreme Court, February 1998.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to SB 435, requests a conference and has
appointed Senators Emert, Oleen and Goodwin as conferees on the part of the Senate.
The Senate nonconcurs in House amendments to SB 488, requests a conference and has
appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 435.
Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 488.
Speaker Shallenburger thereupon appointed Reps. Hayzlett, Howell and Dillon as con-
ferees on the part of the House.
CONSENT CALENDAR
No objection was made to HCR 5048; SB 425, 428, 531 appearing on the Consent
Calendar for the first day.
No objection was made to HB 2499; SB 506 appearing on the Consent Calendar for the
second day.
No objection was made to SB 397 appearing on the Consent Calendar for the third day.
The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SB 397, An act repealing K.S.A. 19-319; relating to the powers and duties of the county
clerk, 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.
HB 2982, An act concerning workers compensation; relating to death benefits provided
thereunder; amending K.S.A. 44-570 and K.S.A. 1997 Supp. 44-510b and repealing the
existing sections, 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.
HR 6015, A resolution relating to the rules of the House of Representatives for the 1997-
1998 biennium; amending Rule 107, relating to session proforma, 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.
SB 298, An act concerning persons required to hold certificates for employment in
schools; relating to issuance or renewal of certificates; authorizing the state board of edu-
cation to receive certain information; rescinding due process hearing rights of persons whose
certificates are nonrenewed or revoked by reason of certain criminal activities; amending
K.S.A. 72-5445 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.
SB 423, An act concerning the health care provider insurance availability act; relating to
certain employees of the health care stabilization fund; amending K.S.A. 1997 Supp. 40-
3403 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.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Lane in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Lane, Committee of the Whole report, as follows, was adopted: Rec-
ommended that on motion of Rep. Stone to amend HCR 5049, the motion did not prevail;
and the concurrent resolution be adopted.
INTRODUCTION OF ORIGINAL MOTIONS
On emergency motion of Rep. Jennison pursuant to House Rule 2311, HCR 5049 was
advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HCR 5049, A PROPOSITION to amend sections 2, 3, 6 and 7 of article 6 of the con-
stitution of the state of Kansas, relating to education.
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:
Sections 2, 3, 6 and 7 of article 6 of the constitution of the state of Kansas are hereby
amended to read as follows:
``§ 2. State board of education andstate board of regents Kansas council on higher education. (a) The legislature shall provide for a state board of education
which shall have general supervision of public schools, educational institutions and
all the educational interests of the state, except educational functions delegated by
law to the state board of regents Kansas council on higher education. The state board
of education shall perform such other duties as may be provided by law.
(b) The legislature shall provide for a state board of regents Kansas council on higher education and for its control and supervision or coordination of public insti-
tutions of higher education. Public institutions of higher education shall include
universities and colleges granting baccalaureate or postbaccalaureate degrees and
such other institutions and educational interests as may be provided by law. The state board of regents Kansas council on higher education shall perform such other duties
as may be prescribed by law.
(c) Any municipal university shall be operated, supervised and controlled as pro-
vided by law.
§ 3. Members of state board of education and state board of regents Kansas council on higher education. (a) There shall be ten members of the state board of
education with overlapping terms as the legislature may prescribe. The legislature
shall make provision for ten member districts, each comprised of four contiguous
senatorial districts. The electors of each member district shall elect one person re-
siding in the district as a member of the board. The legislature shall prescribe the
manner in which vacancies occurring on the board shall be filled. Subsequent redis- tricting shall not disqualify any member of the board from service for the remainder of the member's term.
(b) The state board of regents Kansas council on higher education shall have nine 11 members with overlapping terms as the legislature may prescribe. Members
shall be appointed by the governor as provided by law, subject to confirmation by
the senate. One member shall be appointed from each congressional district with the remaining members appointed at large, however, no two members shall reside in the same county at the time of their appointment. Vacancies occurring on the board council shall be filled by appointment by the governor as provided by law. The terms of office of members appointed to the council shall be prescribed by the leg- islature, but no such term of office shall be longer than six years.
(c) Subsequent redistricting shall not disqualify any member of either board from service for the remainder of his term. Any member of either the board or the council may be removed from office for cause as may be provided by law.
§ 6. Finance. (a) The legislature may levy a permanent tax for the use and
benefit of state institutions of higher education and apportion among and appropriate
the same to the several institutions, which levy, apportionment and appropriation
shall continue until changed by statute. Further appropriation and other provision
for finance of institutions of higher education may be made by the legislature.
(b) The legislature shall make suitable provision for finance of the educational
interests of the state. No tuition shall be charged for attendance at any public school
to pupils required by law to attend such school, except such fees or supplemental
charges as may be authorized by law. The legislature may authorize the state board of regents Kansas council on higher education to establish tuition, fees and charges
at institutions under its control and supervision.
(c) No religious sect or sects shall control any part of the public educational
funds.
§ 7. Savings and transitionclause. (a) All laws in force at the time of the
adoption of this amendment and consistent therewith shall remain in full force and
effect until amended or repealed by the legislature. All laws inconsistent with this amendment, unless sooner repealed or amended to conform with this amendment, shall remain in full force and effect until July 1, 1969.
(b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruc- tion shall be elected after January 1, 1967.
(c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the support of the public schools supervised by the state board of education. The legislature shall provide for the transition of authority from the state board of regents to the Kansas council on higher education on or before July 1, 2000.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. This amendment would require the legislature to provide
for a Kansas council on higher education and to provide for the council's control and
supervision or coordination of public institutions of higher education by July 1, 2000.
The council would have 11 members appointed by the governor subject to confir-
mation by the senate. Members would have overlapping terms of office of up to six
years, as provided by law.
``A vote for this proposition would require the legislature to provide for a Kansas
council on higher education which would control and supervise or coordinate public
institutions of higher education by July 1, 2000, and would remove the requirement
for a state board of regents.
``A vote against this proposition would retain the requirement for a state board of
regents and for its control and supervision of state universities and would provide
for the general supervision of community colleges, technical colleges and vocational
education schools to remain with the state board of education.''
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, was considered on final action.
On roll call, the vote was: Yeas 97; Nays 25; Present but not voting: 0; Absent or not
voting: 3.
A two-thirds majority of the members elected to the House having voted in the affir-
mative, the resolution was adopted.
EXPLANATION OF VOTE
Mr. Speaker: With all due respect to the Select Committee, I believe that HCR 5049
will only prolong the inevitable. Further, I believe it irresponsible to pass favorably a con-
stitutional amendment when we do not know what we are asking the people to vote on.
While I concur that something needs to be done, for the reasons mentioned previously, I
vote no on HCR 5049.--Lloyd A. Stone, Kenny A. Wilk
REPORTS OF STANDING COMMITTEES
The Committee on Economic Development recommends HR 6008 be amended on
page 1, in line 17, by striking ``establishment of a''; also in line 17, by striking ``center'' and
inserting ``centers''; in line 18, by striking ``could''; also in line 18, by striking all after ``serv-
ices''; by striking all in line 19 and inserting ``; and''; preceding line 20, by inserting the
following:
``WHEREAS, The Kansas Department of Commerce and Housing has responsibility for
international and national trade activities within the state: Now, therefore,'';
Also on page 1, in line 21, by striking all after ``That''; by striking all in lines 22 through
27 and inserting the following: ``Kansas, Inc. be urged to conduct a study assessing the
overall trade efforts in Kansas, including the exporting of goods from the state of Kansas.
Such study should include an analysis of the adequacy of our present activities and directions
to enhance the production, manufacturing, marketing and shipping of Kansas products to
international and national markets.
Be it further resolved: That such study should also include recommendations on any
procedures that may be necessary to facilitate international and national sales of Kansas
products. Kansas, Inc. should further be urged to report the results of the study to the Joint
Committee on Economic Development.'';
In the title, in line 9, by striking all after ``urging''; by striking all in line 10; in line 11, by
striking all before the period and inserting: ``Kansas, Inc. to conduct a study of international
and national trade opportunities; relating to the production, marketing and shipping of
Kansas products to such markets''; and the resolution be adopted as amended.
The Committee on Education recommends SB 446 be reported without recommen-
dation.
The Committee on Education recommends SB 388, as amended by Senate Committee,
be amended on page 2, following line 1, by inserting two new sections as follows:
``Sec. 2. K.S.A. 1997 Supp. 72-1046a is hereby amended to read as follows: 72-1046a.
(a) The board of education of any school district is hereby authorized to permit pupils who
are not residents of the school district to enroll in and attend the schools of the district. The
board of education may shall permit such nonresident pupils to attend school without charge or, subject to the provisions of subsection (b), may charge such pupils for attendance at school to offset, totally or in part, the costs of providing for such attendance. Amounts received under this subsection by the board of education of a school district for enrollment and attendance of pupils at school in regular educational programs shall be deposited in the general fund of the school district.
(b) Pupils who are not residents of a school district and are attending the schools of the
school district in accordance with the provisions of an agreement entered into under au-
thority of K.S.A. 72-8233, and amendments thereto, shall not be charged for attendance at
school. The costs of providing for the attendance of such pupils at school shall be paid by
the school district of residence of the pupils in accordance with the provisions of the agree-
ment.
Sec. 3. K.S.A. 72-9609 is hereby amended to read as follows: 72-9609. There is hereby
established in every school district a fund which shall be called the inservice education fund,
which fund shall consist of all moneys deposited therein or transferred thereto according to
law. All moneys received by the school district from whatever source for inservice education
programs established under this act shall be credited to the fund established by this section.
The expenses of a school district directly attributable to inservice education programs shall
be paid from the inservice education fund. Direct payment to certificated personnel for attending staff development programs or activities conducted during noncontractual time of such personnel shall be an allowable expense to be paid from the inservice education fund.'';
By renumbering sections 2 and 3 as sections 4 and 5, respectively;
Also on page 2, in line 2, after ``K.S.A.'', by inserting ``72-9609 and K.S.A.''; also in line
2, after ``Supp.'', by inserting ``72-1046a and''; also in line 2, by striking ``is'' and inserting
``are'';
In the title, in line 10, by striking ``district food service programs'' and inserting ``districts'';
in line 11, after ``municipalities'', by inserting ``for food service; relating to enrollment of
nonresident pupils; authorizing certain expenditures from inservice education funds''; in line
12, after ``K.S.A.'', by inserting ``72-9609 and K.S.A.''; also in line 12, after ``Supp.'', by
inserting ``72-1046a and''; in line 13, by striking ``section'' and inserting ``sections''; and the
bill be passed as amended.
The Committee on Education recommends SB 510 be amended on page 1, in line 17,
after ``been'', by inserting ``domiciliary residents of the state of Kansas''; in line 18, after
``been'', by inserting ``domiciliary''; in line 24, before ``residency'', by inserting ``domiciliary'';
and the bill be passed as amended.
The Committee on Federal and State Affairs recommends HB 2244 be passed.
The Committee on Health and Human Services recommends SB 535, as amended by
Senate Committee, be amended on page 6, in line 25, by striking ``any state'' and inserting
``the state board of healing arts''; in line 36, before the period, by inserting ``and who is
acting under the direction of a responsible physician'';
On page 7, after line 1, by inserting the following:
``(x) ''Responsible physician`` means responsible physician as such term is defined under
K.S.A. 65-2897a and amendments thereto.'';
Also on page 7, in line 2, by striking ``(x)'' and inserting ``(y)''; in line 16, by striking ``or''
and inserting ``, physician's assistant where authorized by a physician or licensed''; in line
18, by striking the colon; in line 32, by striking ``Administer'' and inserting ``administer'';
On page 8, in line 8, by striking ``or'' and inserting ``, physician's assistant where authorized
by a physician or licensed''; also in line 8, by striking the comma; in line 11, before ``may''
by inserting a comma;
On page 9, in line 29, by striking ``or'' and inserting ``, physician's assistant where au-
thorized by a physician or licensed''; also in line 29, by striking the comma;
On page 10, in line 1, after ``physician'' by inserting ``, physician's assistant''; also in line
1, after ``or'' by inserting ``licensed''; in line 11, by striking ``or'' and inserting ``, the respon-
sible physician for a physician's assistant or licensed'';
On page 18, after line 10, by inserting the following:
``New Sec. 19. (a) An automatic external defibrillator may be used by any person who
has satisfied the requirements of subsection (b)(1) for the purpose of saving the life of
another person in cardiac arrest.
(b) In order to ensure public health and safety:
(1) All persons who have access to or use an automatic external defibrillator must obtain
appropriate training to include completion of a course in cardiopulmonary resuscitation or
successful completion of a basic first aid course that includes cardiopulmonary resuscitation
training and have demonstrated proficiency in the use of an automatic external defibrillator;
(2) any person or entity in possession of an automatic external defibrillator is encouraged
to register with the local emergency medical services the existence and location of the
automatic external defibrillator; and
(3) any person who uses an automatic external defibrillator is required to activate the
emergency medical services system as soon as possible upon use of the automatic external
defibrillator.
(c) Any person who gratuitously and in good faith renders emergency care or treatment
by the use of or provision of an automatic external defibrillator, without objection of the
injured victim or victims thereof, shall not be held liable for any civil damages as a result of
such care or treatment or as a result of any act or failure to act in providing or arranging
further medical treatment where the person acts as an ordinary reasonably prudent person
would have acted under the same or similar circumstances.'';
And by renumbering sections accordingly;
In the title, in line 12, before ``amending'' by inserting ``concerning the use of automatic
external defibrillators;''; and the bill be passed as amended.
The Committee on Judiciary recommends SB 640, as amended by Senate on Final
Action, be amended on page 1, in line 16, before ``Section'' by inserting ``New'';
On page 4, in line 13, before ``Sec.'' by inserting ``New''; by striking lines 19 through 21
and inserting the following:
``(b) ``Illegal drug violation'' means a violation of K.S.A. 65-4159, 65-4161 or 65-4163,
and amendments thereto, or a comparable law in another state or a comparable law in the
comprehensive drug abuse prevention and control act of 1970, public law 91-513, 84 Stat.
1236, codified at 21 U.S.C. 801 et seq., in which the substances involved were equal to the
amount for such substance as specified in this subsection;'';
Also on page 4, in line 25, by striking ``brough'' and inserting ``brought''; by striking all in
lines 26 through 30; in line 31, by striking ``(f)'' and inserting ``(e)''; also in line 31, by striking
``2'' and inserting ``1''; in line 37, by striking ``(g)'' and inserting ``(f)''; also in line 37, by
striking ``3'' and inserting ``2''; in line 42, by striking ``(h)'' and inserting ``(g)''; also in line
42, by striking ``4'' and inserting ``3'';
On page 5, by striking lines 3 through 9; in line 10, by striking ``(j)'' and inserting ``(h)'';
in line 14, by striking ``(k)'' and inserting ``(i)''; in line 19, by striking ``(l)'' and inserting ``(j)'';
in line 20, by striking ``Kansas house of representatives legislative'' and inserting ``judicial'';
in line 25, by striking ``(m)'' and inserting ``(k)''; in line 26, by striking ``Kansas house of
representatives leg-''; in line 27, by striking ``islative'' and inserting ``judicial''; also in line
27, by striking all after ``person''; by striking line 28; in line 29, by striking all before the
semicolon and inserting ``is convicted of an illegal drug violation''; in line 30, by striking
``(n)'' and inserting ``(l)''; in line 36, before ``Sec.'' by inserting ``New''; also in line 36, by
striking all after ``who''; in line 37, by striking all before ``is'' and inserting ``is convicted of
an illegal drug violation''; by striking all in lines 40 through 43;
On page 6, by striking lines 1 through 25; in line 26, by striking ``(e)'' and inserting ``(b)'';
in line 29, before ``Sec.'' by inserting ``New''; in line 41, by striking ``knowingly''; in line 42,
by striking all before ``an'' and inserting ``was convicted of an illegal drug violation and
actually sold or offered for sale'';
On page 7, in line 1, by striking ``knowingly participated in the illegal drug market'' and
inserting ``was convicted of an illegal drug violation''; in line 4, by striking ``participation in
the illegal drug market'' and inserting ``conviction of an illegal drug violation''; in line 7, by
striking ``participated in the illegal drug market'' and inserting ``was convicted of an illegal
drug violation''; in line 34, before ``Sec.'' by inserting ``New'';
On page 8, in line 4, by striking all after ``who''; in line 5, by striking ``bution of,'' and
inserting ``was convicted of distributing''; in line 19, before ``Sec.'' by inserting ``New''; also
in line 19, by striking all after ``whose'' and inserting ``conviction of an illegal drug violation'';
in line 22, by striking ``Kansas house of representatives legislative'' and inserting ``judicial'';
in line 23, by striking the semicolon; by striking all in line 24; in line 25, by striking ``(1)'';
also in line 25, by striking ``Kansas house of representatives legislative'' and inserting ``ju-
dicial''; in line 27, by striking ``(c)'' and inserting ``(b)''; also in line 27, by striking ``3'' and
inserting ``2''; also in line 27, by striking ``subsec-''; in line 28, by striking ``tions'' and inserting
``subsection''; also in line 28, by striking ``and (2)''; also in line 28, by striking ``Kansas house
of representatives legislative'' and inserting ``judicial''; in line 30, by striking ``(d)'' and in-
serting ``(c)''; also in line 30, by striking ``4'' and inserting ``3''; in line 31, before ``Sec.'' by
inserting ``New''; in line 43, before ``Sec.'' by inserting ``New'';
On page 9, in line 11, before ``Sec.'' by inserting ``New''; in line 17, before ``Sec.'' by
inserting ``New''; in line 21, by striking all after ``person''; by striking all in lines 22 through
24; in line 25; by striking all before ``is''; and inserting ``who is convicted of an illegal drug
violation''; in line 26, by striking all after the period; by striking all in lines 27 through 31;
in line 32, before ``Sec.'' by inserting ``New'';
On page 10, in line 4, before ``Sec.'' by inserting ``New''; in line 17, by striking ``par-''; in
line 18, by striking all before ``that'' and inserting ``a conviction''; in line 20, before ``Sec.''
by inserting ``New''; in line 26, before ``Sec.'' by inserting ``New''; in line 28, before ``Sec.''
by inserting ``New''; in line 32, before ``Sec.'' by inserting ``New'';
On page 13, after line 18, by inserting the following:
``Sec. 17. K.S.A. 60-1903 is hereby amended to read as follows: 60-1903. (a) In any
wrongful death action, the court or jury may award such damages as are found to be fair
and just under all the facts and circumstances, but the damages, other than pecuniary loss
sustained by an heir at law, cannot exceed in the aggregate the sum of $100,000 $350,000
and costs.
(b) If a wrongful death action is to a jury, the court shall not instruct the jury on the
monetary limitation imposed by subsection (a) upon recovery of damages for nonpecuniary
loss. If the jury verdict results in an award of damages for nonpecuniary loss which, after
deduction of any amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds
the limitation of subsection (a), the court shall enter judgment for damages of $100,000 $350,000 for nonpecuniary loss.
(c) In any wrongful death action, the verdict shall be itemized by the trier of fact to
reflect the amounts, if any, awarded for:
(1) Nonpecuniary damages;
(2) expenses for the care of the deceased caused by the injury; and
(3) pecuniary damages other than those itemized under subsection (c)(2).
(d) Where applicable, the amounts required to be itemized pursuant to subsections
(c)(1) and (c)(3) shall be further itemized by the trier of fact to reflect those amounts
awarded for injuries and losses sustained to date and those awarded for injuries and losses
reasonably expected to be sustained in the future.
(e) In any wrongful death action, the trial court shall instruct the jury only on those
items of damage upon which there is some evidence to base an award.'';
And by renumbering remaining sections accordingly;
Also on page 13, in line 19, by striking ``is'' and inserting ``and 60-1903 are'';
On page 1, in the title, in line 12, after ``ACT'' by inserting ``concerning liability; relating
to wrongful death;''; in line 13, after ``60-308'' by inserting ``and 60-1903''; also in line 13,
by striking ``section'' and inserting ``sections''; and the bill be passed as amended.
The Committee on Taxation recommends HB 2602 be amended on page 2, in line 28,
by striking ``and any abolishment of positions'';
On page 3, in line 1, by striking ``consist'' and inserting ``be composed''; also, in line 1, by
striking ``three'' and inserting ``five''; in line 2, before the period by inserting ``, subject to
confirmation by the senate as provided by K.S.A. 75-4315b, and amendments thereto''; in
line 3, by striking ``six'' and inserting ``four''; in line 4, by striking the second ``one'' and
inserting ``two''; in line 5, by striking ``four'' and inserting ``three''; also, in line 5, by striking
``one'' and inserting ``two''; in line 6, by striking ``six'' and inserting ``four''; also, in line 6, by
striking ``six-'' and inserting ``four-''; in line 9, before the period by inserting ``, subject to
confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. The
governor shall select one of the commissioners to serve as chairman. The votes of three
commissioners shall be required for any action to be taken by the commission. The governor
may appoint a commissioner pro tem when a conflict prevents a commissioner from hearing
an appeal or a commissioner is otherwise unavailable to hear an appeal''; in line 10, by
striking all after ``(b)''; by striking all in lines 11 through 15; after line 15, by inserting ``No
more than three members of the commission shall be of the same political party. Subject
to the provisions of K.S.A. 75-4315c, and amendments thereto, one shall be appointed from
each congressional district and the remainder at large.''; in line 16, by striking all after ``(c)'';
in line 17, by striking ``(b), each commissioner'' and inserting ``Three of such commission-
ers''; in line 28, after the period by inserting ``For the purposes, judicial precedent shall be
limited to published decisions of an appellate court. In the event the commission overturns
a prior decision of the commission, it shall state the reasons and justification therefore.'';
after line 28, by inserting ``(d) Any commissioner of the Kansas tax appeals commission
may be removed by the governor for cause, after public hearing conducted in accordance
with the provisions of the Kansas administrative procedures act.''; in line 29, by striking
``(d)'' and inserting ``(e)''; in line 40, by striking ``shall'' and inserting ``may''; in line 41, after
``appraisers'' by inserting ``, who shall only serve as technical advisors,'';
On page 4, in line 3, after ``hear'' by inserting ``and decide''; in line 4, by striking all after
the period; by striking all in line 5 and inserting ``In no event shall a hearing officer be
subject to any quota system based upon the total amount of tax assessments upheld or
property valuations sustained.''; in line 8, after ``taxation'' by inserting ``, except an appeal,
finding, order or ruling relating to an assessment issued pursuant to K.S.A. 79-5201 et seq.,
and amendments thereto,''; in line 9, by striking all after ``$20,000''; by striking all in line
10; in line 11, by striking all before the semicolon; in line 13, by striking all after ``the''; in
line 14, by striking all before the semicolon and inserting ``value of the property, other than
property devoted to agricultural use, is less than $3,000,000 as reflected on the valuation
notice or the property constitutes single family residential property''; in line 15, after ``16''
by inserting ``or 17''; in line 17, by striking all after ``the'' and inserting ``value of the property,
other than property devoted to agricultural use, is less than $3,000,000 as reflected on the
valuation notice or the property constitutes single family residential property.''; in line 18,
by striking ``A taxpayer'' and inserting ``Any party''; in line 24, after the period by inserting
``An appeal of a decision of the small claims division to the Kansas tax appeals commission
shall be de novo.''; in line 29, by striking all after ``appeal''; by striking all in lines 30 and 31
and inserting ``by the taxpayer. In any valuation appeal or tax protest commenced pursuant
to Articles 14 and 20 of the Kansas Statutes Annotated, and amendments thereto, the hearing
shall be conducted in the county where the property is located or a county adjacent thereto.
In any appeal from a final determination by the secretary of revenue, the hearing shall be
conducted in the county in which the taxpayer resides or a county adjacent thereto.''; in line
35, after the first period, by inserting ``A hearing officer shall have the authority to administer
oaths in all matters before the hearing officer.''; in line 36, by striking all after ``attorney''
and inserting ``, a certified public accountant, a certified general appraiser, a member of the
taxpayer's immediate family or an authorized employee of the taxpayer.''; in line 39, by
striking ``30'' and inserting ``60''; in line 40, by striking ``commissioner of small claims'' and
inserting ``hearing officer''; in line 41, after the period by inserting ``Documents provided
by a taxpayer or county or district appraiser shall be returned to the taxpayer or the county
or district appraiser by the hearing officer and shall not become a part of the commission's
permanent records. Documents provided to the hearing officer shall be confidential and
may not be disclosed, except as otherwise specifically provided.''; after line 41, by inserting:
``(g) With regard to any matter properly submitted to the division relating to the deter-
mination of valuation of property for taxation purposes, it shall be the duty of the county
appraiser to initiate the production of evidence to demonstrate, by a preponderance of the
evidence, the validity and correctness of such determination. No presumption shall exist in
favor of the county appraiser with respect to the validity and correctness of such determi-
nation.'';
On page 5, in line 24, by striking ``Kansas tax appeals commission'' and inserting ``executive
director''; in line 25, by striking ``it'' and inserting ``the commission''; also in line 25, by
striking ``, and''; by striking all in lines 26 and 27 and inserting ``which employees shall be
in the classified service of the Kansas civil service act and may appoint attorneys and ap-
praisers who shall be in the unclassified service of the Kansas civil service act.''; in line 35,
after the period, by inserting ``Any commissioner shall have the authority to administer oaths
in all matters before the commission.''; after line 40, by inserting a new section to read as
follows:
``New Sec. 16. Except as otherwise provided by law, no appeal shall be filed or docketed
in the regular division of the Kansas tax appeals commission without the payment of a docket
fee in the amount of $50. Fees collected pursuant to this section shall be credited to the
state general fund.'';
On page 6, after line 4, by inserting ``(c) to hear valuation appeals and appeals of tax
protests commenced pursuant to Articles 14 and 20 of the Kansas Statutes Annotated, and
amendments thereto;'';
By relettering existing subsections accordingly;
Also, on page 6, in line 28, by striking ``shall'' and inserting ``may''; in line 31, after the
period by inserting ``The chairman shall have the responsibility of assigning appeals to com-
missioners for hearing if such appeals are to be heard by one commissioner. If an appeal
shall be heard by one commissioner, a certified record of the hearing shall be made available
to the other commissioners for consideration when deciding such appeal. The commissioner
may only make findings of fact in the appeal. The commission en banc shall rule on questions
of law and shall issue the final determination in the appeal. In any evidentiary hearing
conducted by less than the full membership of the commission, an attorney member shall
be chairperson. Notice thereof shall be provided to the parties at least 10 days prior to the
date of such hearing'';
On page 7, after line 3, by inserting the following:
``New Sec. 20. (a) Members of the Kansas tax appeals commission shall complete the
following course requirements: (1) A tested appraisal course of not less than 30 clock hours
of instruction consisting of the fundamentals of real property appraisal with an emphasis on
the cost and sales approaches to value; (2) a tested appraisal course of not less than 30 clock
hours of instruction consisting of the fundamentals of real property appraisal with an em-
phasis on the income approach to value; (3) a tested appraisal course of not less than 30
clock hours of instruction with an emphasis on mass appraisal; (4) an appraisal course pre-
scribed by the director of property valuation with an emphasis on Kansas property tax laws
and computer assisted mass appraisal; (5) an appraisal course on the techniques and pro-
cedures for the valuation of state assessed properties with an emphasis on unit valuation;
and (6) a tested appraisal course on the techniques and procedures for the valuation of land
devoted to agricultural use pursuant to K.S.A. 79-1476, and amendments thereto.
(b) The executive director shall adopt rules and regulations prescribing a timetable for
the completion of the course requirements set forth in subsection (a), and prescribing con-
tinued education requirements for members of the Kansas tax appeals commission.
New Sec. 21. (a) Hearing officers appointed by the executive director shall have suc-
cessfully completed the following course requirements: (1) A tested appraisal course of not
less than 30 clock hours of instruction consisting of the fundamentals of real property ap-
praisal with an emphasis on the cost and sales approaches to value; (2) a tested appraisal
course of not less than 30 clock hours of instruction consisting of the fundamentals of real
property appraisal with an emphasis on the income approach to value; (3) a tested appraisal
course of not less than 30 clock hours of instruction with an emphasis on mass appraisal;
and (4) an appraisal course prescribed by the director of property valuation with an emphasis
on Kansas property tax laws and computer assisted mass appraisal.
(b) The executive director shall maintain a list of approved courses which meet the
requirements prescribed by subsection (a), and shall make the final determination whether
a candidate for hearing officer has successfully completed such requirements.
(c) The executive director shall adopt rules and regulations providing for the adminis-
tration of this section and prescribing continued education requirements for hearing offi-
cers.''
On page 9, in line 39, after ``exemption'' by inserting ``under: (1) Section 13, article 11 of
the Kansas Constitution; or (2) K.S.A. 79-201a Second, and amendments thereto, for prop-
erty constructed or purchased, in whole or in part, with the proceeds of revenue bonds
under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments thereto,''; in
line 41, by striking all after ``be''; in line 42, by striking all before ``within'' and inserting
``scheduled''; in line 43, by striking all after the period;
On page 10, in line 1, by striking all before ``In''; also, in line 1, by striking ``such'' and
inserting ``a''; in line 7, by striking ``originally set'' and inserting ``conducted''; in line 9, after
the period by inserting ``Any decision denying a request for exemption shall be published
pursuant to section 15.'';
On page 11, in line 36, by striking ``and''; in line 38, before the period by inserting ``; and
(16) vehicles which are owned by an organization having as one of its purposes the assistance
by the provision of transit services to the elderly and to disabled persons and which are
exempted pursuant to K.S.A. 79-201 Ninth'';
On page 12, in line 19, before ``The'' by inserting ``If the taxpayer owns property which
is leased, the taxpayer shall provide income and expense information for such property to
the county appraiser within 30 days after the filing of the protest or prior to the date of the
informal meeting, whichever is earlier. Such information shall be confidential and may not
be disclosed by the county appraiser, except as otherwise specifically provided by law.'';
On page 13, in line 18, before ``Kansas'' by inserting ``small claims or regular division of'';
On page 15, in line 22, after the period by inserting ``If the taxpayer owns property which
is leased, the taxpayer shall provide income and expense information for such property to
the county appraiser within 30 days after the filing of the appeal or prior to the date of the
informal meeting, whichever is earlier. Such information shall be confidential and may not
be disclosed by the county appraiser, except as otherwise specifically provided by law.''; in
line 34, by striking all after ``appraiser''; by striking all in lines 35 through 38; in line 39, by
striking all before ``Any'' and inserting ``may appeal to the Kansas tax appeals commission
within the time period required by K.S.A. 79-1606, and amendments thereto. Any taxpayer,
other than a taxpayer owning property devoted to agricultural use, may appeal to the small
claims division of the Kansas tax appeals commission within the time period required by
K.S.A. 79-1606, and amendments thereto, if the value of the property on the valuation notice
is less than $3,000,000 or the property constitutes single family residential property.'';
On page 16, in line 1, after ``claims'' by inserting ``or regular''; after line 21, by inserting
a new section to read as follows:
``Sec. 28. K.S.A. 79-1611 is hereby amended to read as follows: 79-1611. The board of
county commissioners of each county having fewer than 10,000 parcels of real property may
appoint and the board of county commissioners of each county having 10,000 parcels of real property or more shall appoint at least one hearing officer or county hearing panel of not
fewer than three individuals to hear and determine appeals from the final determination of
classification and appraised valuation of real or personal property by the county appraiser.
The board of county commissioners, with the approval of the director of property valuation,
may unite with the board of county commissioners of one or more counties to form a district
for the purpose of appointing at least one hearing officer or district hearing panel of not
fewer than three individuals. In any county wherein a hearing officer or county or district
hearing panel is not appointed pursuant to this section any appeal from the final determi-
nation of the county appraiser shall be filed directly with the state board of tax appeals as
provided in K.S.A. 79-1609, and amendments thereto.
The board of county commissioners shall fix the salary to be paid the hearing officer or
each member of the county hearing panel. In the case of a district hearing officer or district
hearing panel, the salary to be paid shall be fixed by joint resolution by the boards of county
commissioners published in the official county newspaper of each county. The board of
county commissioners of each county is hereby authorized to levy a tax upon all taxable
tangible property in the county in an amount necessary to pay all costs incurred in complying
with this section and K.S.A. 79-1494.
No person may serve as a hearing officer or on a county or district hearing panel who is
not qualified by virtue of experience and training in the field of property appraisal and
property tax administration, such qualifications to be determined by the director of property
valuation who shall prescribe guidelines governing the duties of the hearing officers or
county and district hearing panels. Each hearing officer and member of a county or district
hearing panel shall attend and complete a training program conducted by the director of
property valuation or the director's designee. Any person who has performed an appraisal
of any property the appraised valuation of which is appealed to a hearing officer or the
county or district hearing panel shall not hear such appeal and may not participate in any
deliberations on such appeal. The board of county commissioners, or individual members
thereof, may serve as a hearing officer or as members of the county or district hearing panel
provided they meet the foregoing requirements.
Whenever the director of property valuation shall conclude that any person appointed as
a hearing officer or to a county or district hearing panel has failed or neglected to discharge
such person's duties as required by law and that the interest of the public will be promoted
by the removal of such person, the director of property valuation shall issue an order sus-
pending or terminating such person as a hearing officer or member of the hearing panel in
the same manner and subject to the same conditions provided in subsection (b) of K.S.A.
19-431, and amendments thereto.
The provisions of this section shall apply to all taxable years commencing after December
31, 1992 1997.'';
On page 18, in line 2, before the semicolon by inserting ``or to enhance the value of such
property by processing'';
By renumbering existing sections accordingly;
Also, on page 18, in line 13, before the first ``and'' by inserting ``, 79-1611'';
In the title, in line 13, before the first ``and'' by inserting ``, 79-1611'' and the bill be
passed as amended.
The Committee on Transportation recommends SB 236, as amended by Senate Com-
mittee of the Whole, be amended
On page 4, after line 29, by inserting:
``New Sec. 7. (a) As used in this section:
(1) ``Kansas river reach'' means all land owned by the state of Kansas in the Kansas river
channel up to the ordinary high water mark within the designated reach. In cases where
the state's ownership interest is affected by avulsion, ownership will be determined pursuant
to K.S.A. 82a-201 et seq. and amendments thereto.
(2) ``Multi-use reach'' means a reach of the Kansas river where any use authorized or
not prohibited by law is allowed.
(3) ``Recreational use reach'' means a reach of the Kansas river where commercial and
industrial activities that require a permit pursuant to K.S.A. 82a-301 et seq., and amend-
ments 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.
(4) ``River miles'' means river miles officially designated by the United States army corps
of engineers in the Emergency Flood Plan, Kansas River, Mouth to Junction City, file num-
ber EM-1-420, March 1977, revised April, 1986.
(b) (1) The following are hereby designated as multi-use reaches on the Kansas river:
River mile 0 to river mile 51.8 and river mile 72 to river mile 125.
(2) The following are hereby designated as recreational use reaches on the Kansas river:
River mile 51.8 to river mile 72 and river mile 125 to river mile 170.4.
New Sec. 8. 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.
New Sec. 9. Before causing any public access, boating facilities, ramps or docks to be
built on the Kansas river within or adjacent to any drainage district bounding the Kansas
river, the secretary of wildlife and parks shall obtain written approval of the proposed project
from:
(a) Such drainage district; or
(b) the owner of the property directly affected by the location of such public access,
boating facilities, ramps or docks and, if such property is leased, the lessee.'';
By renumbering sections 7 and 8 as section 10 and 11;
In the title, in line 10, after ``ACT'' by inserting ``relating to waters of the state;''; in line
12, before ``amending'' by inserting ``designating certain reaches of the Kansas river to be
used for certain purposes; relating to prosecution for certain crimes committed along the
Kansas river; concerning certain improvements on the Kansas river;'' 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 bill and concurrent resolution were introduced and read by title:
HB 3017, An act relating to property taxation; exempting certain property therefrom, by
Committee on Taxation.
HOUSE CONCURRENT RESOLUTION No. 5051--
By Committee on Education
A CONCURRENT RESOLUTION urging the State Board of Education to contact pro-
fessionals regarding information on autism treatment options; requesting compilation
and distribution of such information.
WHEREAS, Autism is a severe neurological disorder which significantly impairs an in-
dividual's ability to process information and to learn, especially social and language skills;
and
WHEREAS, Providing information on legitimate interventions for autism to individuals
with autism and to their families can be expected to increase the likelihood of more favorable
developmental outcomes and thereby to lessen the emotional hardships on families and the
future financial burden on communities in Kansas: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature, in recognition of the facts contained in the preamble of this
resolution and in the belief that an increase in the availability of information concerning
practices which have proven effective in remediating the incapacitating effects of autism
would be immeasurably beneficial to children with autism and to the families of such chil-
dren, hereby urges the State Board of Education to contact all known professionals who
diagnose or conduct educational assessments of children having or suspected of having
autism and to impress upon such professionals the absolute necessity of providing the fam-
ilies of such children with written information regarding different types of treatment for
children with autism, including information on traditional special education developmental
approaches and applied behavior analysis, and with a listing of referral information which
includes names, addresses, and phone numbers of those individuals and organizations, both
in and out of state, qualified to provide appropriate assessment, treatment or training per-
taining to the different available approaches; and
Be it further resolved: That the Legislature hereby requests the State Department of
Education to compile the information on autism treatment options and the resource lists
provided by professionals in the field and to distribute such information and lists to all
parties involved in the treatment review process, as well as to all professionals in Kansas
who are qualified to make a diagnosis of autism, all school districts, all special education
cooperatives and any autism resource centers in the state; and
Be it further resolved: That as a formal expression of the sentiment of the Legislature,
the Secretary of State is hereby directed to transmit enrolled copies of this resolution to the
State Board of Education and to the Commissioner of Education at 120 S.E. 10th Avenue,
Topeka, Kansas 66612-1182.
CHANGE OF CONFEREES
Speaker Shallenburger announced the appointment of Rep. Franklin as a member of the
conference committee on SB 435 to replace Rep. Presta.
REPORT ON ENGROSSED BILLS
HB 2982 reported correctly engrossed March 18, 1998.
REPORT ON ENROLLED RESOLUTIONS
HCR 5029; HR 6017 reported correctly enrolled and properly signed on March 19,
1998.
On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, March 20,
1998.