The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 121 members present.
Rep. Lloyd was excused on verified illness.
Rep. Nichols was excused on legislative business.
Reps. McKechnie and Ruff were excused on excused absence by the Speaker.
Present later: Rep. McKechnie.
Prayer by guest chaplain, the Rev. O. Wayne Turner, pastor, Bristol Hill United Methodist
Church, Kansas City, and guest of Rep. Tomlinson:
Most gracious God, as we face another week with all its activities and opportuni-
ties, may we be eager to listen to each other and open to your divine power. Help
us to keep our minds and our thinking straight and true.
Help us to do our very best, working together as a team for the welfare of all the
people we represent. May we be courageous leaders, knowing that it is your truth
that sets us free and not that which we believe to be by our own hand.
Give us now your spirit to guide and direct our thinking, that when the day's work
is over we may feel we have been faithful servants.
To almighty God, we pray. Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 3018; SB 426, 611.
Financial Institutions: Sub. SB 574.
Governmental Organization and Elections: SB 450.
Judiciary: SB 615, 667, 671; Sub. SB 682.
Transportation: HB 3019; SB 593, 679
COMMUNICATIONS FROM STATE OFFICERS
From Shirley A. Moses, Director, Division of Accounts and Reports, State of Kansas
Monthly Financial Report for February 1998.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
No objection was made to HB 2995, 3016; SB 421, 484 appearing on the Consent
Calendar for the first day.
No objection was made to HCR 5048; SB 425, 428, 531 appearing on the Consent
Calendar for the third day. The resolution and bills were advanced to Final Action on Bills
and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HCR 5048, A concurrent resolution urging the United States Environmental Protection
Agency to perform uniform assessments of water quality and urging the Congress to modify
the Clean Water Act, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The resolution was adopted.
SB 425, An act concerning hospitals; critical access hospitals and rural health networks;
amending K.S.A. 65-468, 65-470, 65-471, 65-473 and 65-474 and K.S.A. 1997 Supp. 65-425
and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The bill passed.
SB 428, An act relating to certain communications by employees of state agencies; pro-
hibiting certain acts and providing remedies; amending K.S.A. 75-2973 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The bill passed.
SB 531, An act concerning credit agreements; relating to actions for legal or equitable
relief or defenses; amending K.S.A. 16-117 and 16-118 and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 118; Nays 3; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The bill passed.
HB 2499, An act concerning controlled shooting areas; relating to the total licensed
acreage in any county; amending K.S.A. 32-945 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 113; Nays 8; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The bill passed.
HB 2886, An act concerning the regulation and application of state and local laws, rules,
regulations and ordinances to sport shooting ranges; providing civil immunity to persons
who operate or use such ranges, was considered on final action.
On roll call, the vote was: Yeas 94; Nays 27; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The bill passed, as amended.
SB 460, An act concerning corrections; relating to the placement of offenders; amending
K.S.A. 75-5206 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The bill passed.
SB 506, An act concerning prearranged funeral agreements, contracts and plans; amend-
ing K.S.A. 16-303 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The bill passed.
Sub. SB 573, An act concerning telecommunications; relating to telephone solicitations
and telemarketing; prescribing procedures for certain changes in a consumer's telecom-
munications carrier or services and providing penalties for violations; amending K.S.A. 50-
640 and 50-673 and K.S.A. 1997 Supp. 50-670 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 119; Nays 2; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
The substitute bill passed, as amended.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Myers, the House concurred in Senate amendments to HB 2418, An
act concerning oil and gas; relating to operators of wells, gas gathering systems and under-
ground natural gas storage facilities; concerning certain exemptions from regulation of gas
gathering services; amending K.S.A. 1997 Supp. 55-155 and 55-1,101 and repealing the
existing sections.
On roll call, the vote was: Yeas 120; Nays 1; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
On motion of Rep. Cox, the House concurred in Senate amendments to HB 2718, An
act relating to securities; definitions; amending K.S.A. 1997 Supp. 17-1252, 17-1261 and
17-1262 and repealing the existing sections.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Nichols, Ruff.
On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB 2820 and asked for a conference.
Speaker Shallenburger thereupon appointed Reps. Carmody, Morrison and Garner as
conferees on the part of the House.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Benlon in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Benlon, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2999 be passed over and retain its place on the calendar.
Committee report recommending a substitute bill to Sub. HB 2210 be adopted; also, on
motion of Rep. Mays be amended on page 4, following line 18, by inserting a new section
as follows:
``Sec. 2. K.S.A. 75-6301 is hereby amended to read as follows: 75-6301. (a) There is
hereby established the office of the securities commissioner of Kansas. The office shall be
administered by the securities commissioner of Kansas who shall be in the unclassified service under the Kansas civil service act and shall serve at the pleasure of the governor.
The securities commissioner shall be appointed by the governor, with the consent of subject to confirmation by the senate as provided in K.S.A. 75-4315b and amendments thereto, shall
have special training and qualifications for such position and shall receive such compensation
as may be fixed by the governor. The securities commissioner shall employ, and fix the compensation of, such assistants or clerks as the securities commissioner may from time to time deem necessary.
(b) The securities commissioner may appoint directors within the office of the securities commissioner as determined necessary by the securities commissioner to effectively carry out the mission of the office. All directors appointed after the effective date of this act shall be in the unclassified service under the Kansas civil service act, shall have special training and qualifications for such positions, shall serve at the pleasure of the securities commissioner and shall receive compensation fixed by the securities commissioner and approved by the governor.
(c) Nothing in subsection (b) shall affect the classified status of any person employed in the office of the securities commissioner on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the securities commissioner pursuant to K.S.A. 75-2948 and amendments thereto.'';
And by renumbering sections accordingly;
Also on page 4, in line 19, by striking ``is'' and inserting ``and 75-6301 are'';
On page 1, in the title, in line 10, following ``75-2935'' by inserting ``and 75-6301''; in line
11, by striking ``section'' and inserting ``sections''; and Sub. HB 2210 be passed as amended.
Committee report to SB 149 be adopted; and the bill be passed as amended.
Committee report to SB 270 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Economic Development recommends SB 554, as amended by
Senate Committee, be amended on page 4, in line 7, after the period, by inserting: ``A
taxpayer that has made such a cash investment pursuant to paragraph (f)(3) of K.S.A. 74-
8303 and amendments thereto shall also be allowed a credit for additional cash investment
pursuant to paragraphs (f)(1) and (f)(2) of K.S.A. 74-8303, and amendments thereto.''; in
line 37, by striking ``Kansas register'' and inserting ``statute book''; and the bill be passed as
amended.
The Committee on Governmental Organization and Elections recommends HB 3000 be amended on page 1, in line 19, by striking ``executive director'' and inserting ``board
of directors''; in line 20, by striking ``state association of'' and inserting ``society of associa-
tion''; and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends SB 677
be amended on page 1, in line 13, by striking ``Notwithstanding the provisions of K.S.A. 10-
117, and''; by striking all in lines 14 and 15; in line 16, by striking ``300,000'' and inserting
``The board of directors of Oaklawn Improvement District located in Sedgwick county'';
following line 28, by inserting:
``Sec. 2. (a) The board of directors of Crestview Country Club Improvement District
located in Sedgwick county is authorized to disburse all moneys in the district's treasury
that are in excess of those necessary to pay the expenses and obligations of the district,
including the costs of retiring any outstanding bonded indebtedness of the district, as follows:
The total amount of property tax paid to the district on each parcel of real property within
the district from the date of the creation of the district shall be divided by the total amount
of property tax paid to the district on all real property within the district from the date of
inception of the district. The resulting percentage shall be multiplied by the total excess
moneys to be disbursed and the amount arrived at shall be paid to the owner of record of
each parcel.
(b) Payments authorized by this section shall be distributed before July 1, 2003.
(c) The provisions of this section shall expire on July 1, 2003.'';
By renumbering section 2 as section 3; and the bill be passed as amended.
The Committee on Health and Human Services recommends Substitute for SB 437,
as amended by Senate Committee of the Whole, be amended on page 2, in line 19, by
striking ``project evaluations'' and inserting ``on-site inspections''; in line 24, by striking ``pro-
ject evaluations'' and inserting ``on-site inspections'';
On page 6, in line 33, by striking ``An''; by striking all in lines 34 through 38; and the bill
be passed as amended.
The Committee on Judiciary recommends SB 408, as amended by Senate Committee,
be passed and, because the committee is of the opinion that the bill is of a noncontroversial
nature, be placed on the consent calendar.
The Committee on Taxation recommends HB 2828 be passed.
The Committee on Taxation recommends SB 418 be passed and, because the committee
is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
The Committee on Taxation recommends HCR 5050 be amended on page 1, in line
26, before ``No'' by inserting ``(a)''; in line 27, by striking ``increase'' and inserting ``: (1)
Increase''; also, in line 27, before ``tax'' by inserting ``fee or''; in line 28, by striking the
second comma and inserting ``; (2) impose a new fee or tax after November 3, 1998; or (3)
increase the rate of any fee or tax described by clause (2),''; after line 29, by inserting the
following:
``(b) The provisions of subsection (a) shall not apply to any enactment of the legislature
subsequent to the declaration of the governor of an emergency and the concurrence thereto
by a resolution adopted by either the House of Representatives or the Senate.'';
Also on page 1, in line 33, before ``tax'' by inserting ``fee or''; in line 35, before ``tax'' by
inserting ``fee or''; in line 36, after the second comma, by inserting ``or the imposition or
the increase of the rate of a new fee or tax imposed after November 3, 1998,''; in line 37,
before the period by inserting ``unless an emergency is declared by the governor''; and the
concurrent resolution be adopted 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 3020, An act relating to the department of social and rehabilitation services; con-
cerning sale, conveyance and leasing of certain real property, by Committee on Appropri-
ations.
A CONCURRENT RESOLUTION requesting the placement of a mural in the Capitol
honoring the 1st Kansas (Colored) Voluntary Infantry Regiment.
WHEREAS, The members of the 1st Kansas (Colored) Voluntary Infantry Regiment
were the first African-Americans to be recruited in the Northern states for service in the
Civil War, the first to see battle and the first to die in action; and
WHEREAS, The honorable James H. Lane, U.S. Senator from Kansas, based on his
interpretation of a regulation to recruit regiments for the Civil War, directed that a regiment
of infantry be raised composed of ``men of African descent.'' Within 60 days over 500 men
had been enlisted and were encamped and trained near Leavenworth; and
WHEREAS, On October 28, 1862, a detachment of the regiment was attacked by an
enemy force of about 500 men at Island Mound (near Butler), Missouri, in an engagement
in which the enemy force was repulsed with considerable loss but with the regiment suffering
losses of 10 members killed and 12 wounded. This was the first engagement of the war in
which African-American troops were involved; and
WHEREAS, After being one of four African-American units to be mustered into the
regular army on January 13, 1863, the entire regiment was committed for the first time on
July 2, 1863, with elements of four white units and the Indian Brigade to engage the enemy
at Cabin Creek, Indian Nation. The enemy's attack on a large supply train was successfully
repulsed; and
WHEREAS, A few weeks later the regiment was engaged at Honey Springs where the
regiment held the center of the line. The regiment had their worst day of the war at Poison
Springs, Arkansas, losing 117 dead and 65 wounded with many of those wounded or taken
prisoner being executed on the battlefield thereby causing African-American soldiers in the
west to adopt ``Remember Poison Springs'' as a battle cry; and
WHEREAS, The regiment served honorably for the duration of the conflict and was
mustered out of service at Fort Leavenworth on October 30, 1865. The regimental battle
flag was presented by Suzanne Knowles of Kansas City to the Kansas State Historical Society
and was displayed at the Kansas Museum during February, 1998, Black History Month:
Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Kansas State Historical Society and the Department of Administration
be requested to develop plans to place a mural in the Capitol honoring the 1st Kansas
(Colored) Voluntary Infantry Regiment and that these organizations consult with the Joint
Committee on Arts and Cultural Resources in this endeavor; and
Be it further resolved: That the Secretary of State be directed to deliver enrolled copies
of this resolution to the Executive Director, Kansas State Historical Society, and to the
Secretary of Administration.
REPORT ON ENGROSSED BILLS
HB 2886 reported correctly engrossed March 20, 1998.
REPORT ON ENROLLED RESOLUTIONS
HR 6015 reported correctly enrolled and properly signed on March 23, 1998.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Tuesday, March 24,
1998.