The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 124 members present.
Rep. Lloyd was excused on verified illness.
Prayer by Chaplain Washington:
Heavenly Father,
Our prayer today is that this country in which we dwell be and remain a great
country . . . (tri-stars)at Kansas be and remain a great state . . . (tri-stars)at this be known as a
great legislative session with great people.
Father, since great things are really the aggregate of the little ones, and since great
results really proceed from the gathering of smaller efforts, may the succession and
combination of efforts in this House be recognized for their part toward the greater
end.
You said in the Gospel of Luke (16:10), that whoever will be faithful with little
can be trusted with much, and whoever is not faithful with little cannot be trusted
with much.
Lord, would You take the seemingly small efforts of those in this House and help
them to do their work faithfully. Would You then turn those efforts into good and
honorable ends.
I come to You for the cause of greatness, in the Name of Jesus the Christ. Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: SB 501.
Committee of the Whole: HCR 5053.
Federal and State Affairs: Sub. SB 322; SB 581.
Judiciary: SB 375.
Taxation: SB 108, 603.
Tourism: Sub. SB 675.
MESSAGES FROM THE GOVERNOR
HB 2645 approved on March 25, 1998.
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
The motion of Rep. Helgerson, in accordance with subsection (b) of House Rule 1309,
that HB 2994 be withdrawn from Committee on Taxation and be placed on the calendar
under the order of business General Orders, was considered.
Roll call was demanded.
On roll call, the vote was: Yeas 61; Nays 60; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, McKechnie, Myers, Reinhardt.
Not having received the required 70 votes, the motion did not prevail.
CONSENT CALENDAR
Objection was made to SB 408, 418 appearing on the Consent Calendar; the bills were
placed on the calendar under the heading of General Orders.
No objection was made to HB 3019 appearing on the Consent Calendar for the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2602, An act relating to taxation; concerning the administration and prosecution of
certain tax appeals; establishing the Kansas tax appeals commission and prescribing author-
ities, duties and functions therefor; abolishing the state board of tax appeals; amending
K.S.A. 74-2426, 77-529, 79- 201j, 79-213, 79-251, 79-503a, 79-504, 79-1448, 79-1609, 79-
1611 and 79-2005 and K.S.A. 1997 Supp. 74-2438 and repealing the existing sections; also
repealing K.S.A. 74-2433a, 74-2433b, 74-2433c, 74-2433d, 74-2433e, 74-2434, 74-2435, 74-
2436, 74-2437, 74-2437a, 74-2437b, 74-2439 and 79-252 and K.S.A. 1997 Supp. 74-2433,
was considered on final action.
On roll call, the vote was: Yeas 117; Nays 7; Present but not voting: 0; Absent or not
voting: 1.
Nays: Dean, Henderson, Krehbiel, E. Peterson, Shore, Shriver, Spangler.
Present but not voting: None.
Absent or not voting: Lloyd.
The bill passed, as amended.
Sub. HB 2793, An act concerning postsecondary education; establishing the Kansas
council on higher education; educational coordinating commission; joint committee on pos-
tsecondary education; prescribing powers, duties, functions and guidelines; providing fund-
ing; establishing Washburn university as a state educational institution under the control
and supervision of the council; making and concerning appropriations for the fiscal years
ending June 30, 1999, June 30, 2000, June 30, 2001, and June 30, 2002; amending K.S.A.
12-16,102, 71-204, 71-501, 71-601, 71-604, 71-605, 71-609a, 71-610, 71-613, 71-801, 71-
1508, 71-1702, 79-5021, 79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-5032 and
K.S.A. 1997 Supp. 19-101a, 71-201, 71-301, 71-401, 71-602, 71-607, 71-609, 71-611, 71-
613a and 74-4925 and repealing the existing sections; also repealing K.S.A. 13-13a25, 13-
13a26, 13-13a27, 13-13a28, 13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-13a34,
46-1208a, 46-1208b, 71-304, 71-305, 71-306, 71-403 and 72-4424 and K.S.A. 1997 Supp.
71-619, was considered on final action.
Call of the House was demanded.
On roll call, the vote was: Yeas 71; Nays 53; Present but not voting: 0; Absent or not
voting: 1.
Mr. Speaker: During debate on HCR 5049 and Sub. HB 2793 we have heard that we
cannot afford to maintain the status quo. I believe that passage of Sub. HB 2793 helps to
maintain the status quo. Four year institutions will just be governed by a different group.
Vocational Technical Schools and Community Colleges will be coordinated by a council,
just as they are now by the State Board of Education. Little will change except the amount
of money spent to buy down Mill levies in certain districts. We can, and must do better
than Sub. HB 2793. I vote no.--Lloyd A. Stone, Peggy Long, Kenny Wilk
Mr. Speaker: Sub. HB 2793 reduces local property tax levies which fund community
colleges and Washburn University and replaces the reduced levies with state funding. Al-
though it appears to be the intent that merger or affiliation with other state or local post-
secondary institutions occur, state funding is provided before the expectations are met. I
object to the state assuming this tax burden before the desired action takes place.
I also question the wisdom of adding another potential education funding problem to our
``plate'' when we have yet to solve the equitable funding problems surrounding K-12 edu-
cation. I vote no on Sub. HB 2793.-- Deena Horst
HB 2828, An act providing for Kansas tax overpayment rebates, was considered on final
action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
SB 469, An act concerning law enforcement officers; relating to the use of firearms
silencers; relating to sheriffs uniforms; amending K.S.A. 19-824 and K.S.A. 1997 Supp.
21-4201 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 97; Nays 27; Present but not voting: 0; Absent or not
voting: 1.
SB 505, An act repealing K.S.A. 1997 Supp. 74-50,164; concerning the agriculture prod-
ucts development division in the department of commerce and housing, was considered on
final action.
On roll call, the vote was: Yeas 107; Nays 17; Present but not voting: 0; Absent or not
voting: 1.
SB 510, An act concerning higher education; relating to residence of students enrolling
at the state educational institutions; providing state aid for Haskell Indian nations university;
amending K.S.A. 76-729 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 106; Nays 18; Present but not voting: 0; Absent or not
voting: 1.
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2289, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, in line 23, after ``1.'' by inserting ``(a)''; also in line 23, by striking ``therefore''
and inserting ``therefor''; in line 24, after ``science'' by inserting ``, in cooperation with other
colleges and universities,''; after line 31, by inserting a new paragraph as follows:
``(b) Kansas state university of agriculture and applied science shall present an oral and
written report to the house and senate agriculture committees related to the research project
provided for in subsection (a) during the 1999 regular session of the Kansas legislature on
or before February 1, 1999, and during the 2000 regular session of the Kansas legislature
on or before February 1, 2000.'';
On page 4, by striking all in lines 3 through 43;
By striking all on pages 5 and 6;
On page 7, by striking all in lines 1 through 21 and inserting the following section:
``Sec. 6. On or after July 1, 2000, K.S.A. 1997 Supp. 2-1415 is hereby amended to read
as follows: 2-1415. As used in this act:
(a) ``Agricultural seed'' means the seed of grass, legume, forage, cereal and fiber crops,
or mixtures thereof, but shall not include horticultural seeds.
(b) ``Person'' means any individual, member of a partnership, corporation, agents, bro-
kers, company, association or society.
(c) ``Conditioned'' means cleaned, or cleaned and blended, to meet the requirements
of agricultural seed for the purpose of being planted or seeded.
(d) ``Kind'' means one or more related species or subspecies which singly or collectively
is known by one common name, and includes, among others, wheat, oat, vetch, sweet clover
and alfalfa.
(e) ``Variety'' means a subdivision of a kind, which is characterized by growth, yield,
plant, fruit, seed or other characteristics by which it can be differentiated from other plants
of the same kind.
(f) ``Hard seed'' means the seeds which because of hardness or impermeability do not
absorb moisture or germinate under seed testing procedure.
(g) ``Label'' means the statements written, printed, stenciled or otherwise displayed
upon, or attached to, the container of agricultural seed, and includes other written, printed,
stenciled or graphic representations, in any form whatsoever, pertaining to any agricultural
seed, whether in bulk or in containers, and includes declarations and affidavits.
(h) ``Secretary'' means the secretary of agriculture.
(i) ``Weed seed'' means the seeds of plants considered weeds in this state and includes
noxious weed seed and restricted weed seed, determined by methods established by rule
and regulation under this act.
(j) ``Noxious weed seed'' means the seed of Kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria draba), Canada thistle (Cirsium arvense), leafy spurge (Euphorbia esula), quackgrass (Agro- pyron repens), bur ragweed (Ambrosia grayii), pignut (Indian rushpea) (Hoffmannseggia densiflora), Texas blueweed (Helianthus ciliaris), Johnson grass (Sorghum halepense), sor-
ghum almum, and any plant the seed of which cannot be distinguished from Johnson grass, and musk (nodding) thistle (Carduus nutans L.) and sericea lespedeza (Lespedeza cuneata).
(k) ``Restricted weed seed'' means weed seeds or bulblets which shall not be present in
agricultural seed at a rate per pound in excess of the number shown following the name of
each weed seed: Silverleaf nightshade (Solanum elaeagnifolium) 45, horsenettle, bullnettle (Solanum carolinense) 45, dock (Rumex spp.) 45, oxeye daisy (Chrysanthemum leucanthe- mum) 45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail (Setaria faberi) 45, cheat (Bromus secalinus) 45, hairy chess (Bromus commutatus) 45, buckthorn plantain (Plantago lanceolata) 45, wild onion or garlic (Allium spp.) 18, charlock (Sinapsis arvensis) 18, wild
mustards (Brassica spp.) 18, treacle (Erysimum spp.) 18, wild carrot (Daucus carota) 18,
morning glory and purple moonflower (Ipomoea spp.) 18, hedge bindweed (Calystegia spp.,
syn. Convolvulus sepium) 18, dodder (Cuscuta spp.) 18, except lespedeza seed, other than sericea lespedeza (Lespedeza cuneata), which may contain 45 dodder per pound, pennycress,
fanweed (Thlaspi arvense) 18, wild oats (Avena fatua) 9, climbing milkweed, sandvine (Cy- nanchum laeve, syn. Gonolobus laevis) 9, jointed goatgrass (Aegilops cylindrica) 9, black
nightshade complex (Solanum ptycanthum, S. americanum, S. sarrachoides, S. nigrum, and S. interius) 9, wild buckwheat, black bindweed (Polygonum convolvulus) 9, velvetleaf, but-
terprint (Abutilon theophrasti) 9, and cocklebur (Xanthium spp.) 9. The total number of the
restricted weed seed shall not exceed 90 per pound except native grass, smooth bromegrass,
tall fescue, wheatgrasses and lespedeza, other than sericea lespedeza (Lespedeza cuneata),
shall not exceed 150 per pound. In smooth bromegrass, fescues, orchard grass, wheatgrasses,
and chaffy range grasses, hairy chess or cheat shall not exceed 2,500 per pound. For the
purposes of this section the following weedy Bromus spp. shall be considered as common
weeds and collectively referred to as ``chess'': Japanese chess (Bromus japonicus), soft chess (Bromus mollis) and field chess (Bromus arvensis).
(l) ``Advertisement'' means all representations, other than those on the label, dissemi-
nated in any manner, or by any means, relating to agricultural seed.
(m) ``Record'' means all information relating to any shipment of agricultural seed and
includes a file sample of each lot of such seed.
(n) ``Stop sale order'' means an administrative order, authorized by law, restraining the
sale, use, disposition and movement of a definite amount of agricultural seed.
(o) ``Seizure'' means a legal process, issued by court order, against a definite amount of
agricultural seed.
(p) ``Lot'' means a definite quantity of agricultural seed, identified by a lot number or
other mark, every portion or bag of which is uniform, within recognized tolerances for the
factors which appear in the labeling.
(q) ``Germination'' means the percentage of seeds capable of producing normal seed-
lings under ordinarily favorable conditions, in accordance with the methods established by
rule and regulation under this act.
(r) ``Pure seed'' means the kind of seed declared on the label, exclusive of inert matter,
other agricultural or other crop seeds and weed seeds.
(s) ``Inert matter'' means all matter not seeds, and as otherwise determined by rules and
regulations under this act.
(t) ``Other agricultural seeds or other crop seeds'' means seeds of agricultural seeds
other than those included in the percentage or percentages of kind or variety and includes
collectively all kinds and varieties not named on the label.
(u) ``Hybrid'' means the first generation seed of a cross produced by controlling the
pollination and by combining (1) two or more inbred lines, (2) one inbred or a single cross
with an open pollinated variety, or (3) two varieties or species, other than open pollinated
varieties of corn (Zea mays). Hybrid shall not include the second generation or subsequent
generations from such crosses. Hybrid designations shall be treated as variety names. Con-
trolling the pollination means to use a method of hybridization which will produce pure
seed which is 75% or more hybrid.
(v) ``Type'' means a group of varieties so nearly similar that the individual varieties
cannot be clearly differentiated except under special conditions.
(w) ``Treated'' means that the seed has received an application of a substance or process
which is designed to reduce, control or repel certain disease organisms, insects or other
pests attacking such seeds or seedlings growing therefrom and includes an application of a
substance or process designed to increase seedling vigor.
(x) ``Tested seed'' means that a representative sample of the lot of agricultural seed in
question has been subjected to examination and its character as to purity and germination
has been determined.
(y) ``Native grass seed'' means the seeds of aboriginal or native prairie grasses.
(z) ``Chaffy range grasses'' shall include Bluestems, Gramas, Yellow Indian grass, wild
rye grasses, buffalo grass and prairie cord grass.
(aa) ``Certified seed'' means any class of pedigreed seed or plant parts for which a
certificate of inspection has been issued by an official seed certifying agency.
(bb) ``Certifying agency'' means: (1) an agency which is authorized under the laws of a
state, territory or possession to officially certify seed and which has standards and procedures
approved by the secretary of agriculture of the United States department of agriculture to
assure the genetic purity and identity of the seed certified; or (2) an agency of a foreign
country which is determined by the secretary of agriculture of the United States department
of agriculture to be an agency which adheres to procedures and standards for seed certifi-
cation comparable to those adhered to generally by seed certifying agencies under clause
(1) of this subsection.
(cc) ``Blend'' means two or more varieties of the same kind each in excess of 5% of the
whole.
(dd) ``Mixture'' means a combination of seed consisting of more than one kind each in
excess of 5% of the whole.
(ee) ``Brand'' means a term or mark that is proprietary in nature whether or not it is a
registered or copyrighted term or mark.
(ff) ``Commercial means'' shall include all forms of advertising for which a person must
pay another for the dissemination or distribution of the advertisement.
(gg) ``Horticultural seeds'' means those seeds generally classified as vegetable, fruit,
flowers, tree and shrub and grown in gardens or on truck farms.
(hh) ``Grower of agricultural seed'' means an individual whose primary occupation is
farming and offers, exposes or sells agricultural seed of such individual's own growing with-
out the use of a common carrier or a third party as an agent or broker. Seed shall be in
compliance with noxious and restricted weed seed requirements and may advertise if the
advertisement specifically states variety, bin run and if tested.
(ii) ``Wholesaler'' means any person who is in the business selling agricultural seed at
wholesale to any person other than the end user.
(jj) ``Retailer'' means any person who sells agricultural seed to the end user.
(kk) ``Seed conditioner'' means any person who is in the business of cleaning seed for a
fee or compensation.'';
Also on page 7, in line 25, by deleting the first comma and inserting ``and''; in line 26,
after ``and'' by inserting ``K.S.A. 1997 Supp.'';
On page 1, in the title, in line 18, by striking the third comma and inserting ``and''; in line
19, after ``and'' the first time it appears, by inserting ``K.S.A. 1997 Supp.''
And your committee on conference recommends the adoption of this report.
Stephen R. Morris
Dwayne Umbarger
Gerald L. Karr
Conferees on part of Senate
John Ballou
Joann Flower
Galen Weiland Conferees on part of House
On motion of Rep. Flower, the conference committee report on HB 2289 was adopted.
On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 9, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 4, in line 3, by striking ``(4), (5) or (6)'' and inserting ``(d), (e) or (f)'';
On page 14, in line 35, by striking ``(6)'' and inserting ``(f)'';
On page 20, in line 38, by striking ``(1)'' and inserting ``(a)''; in line 42, by striking ``(2)''
and inserting ``(b)''; in line 43, by striking ``(i)'' and inserting ``(1)'';
On page 21, in line 6, by striking ``half'' and inserting ``1/2''; in line 11, by striking ``(ii)''
and inserting ``(2)''; in line 13, by striking ``(iii)'' and inserting ``(3)''; in line 14, by striking
``(3)'' and inserting ``(c)''; in line 16, by striking ``(4)'' and inserting ``(d)''; in line 20, by
striking ``(5)'' and inserting ``(e)''; in line 21, by striking ``(i)'' and inserting ``(1)''; in line 23,
by striking ``(ii)'' and inserting ``(2)''; in line 26, by striking ``(iii)'' and inserting ``(3)''; in line
28, by striking ``(6)'' and inserting ``(f)''; in line 31, by striking ``(i)'' and inserting ``(1)''; in
line 35, by striking ``(ii)'' and inserting ``(2)'';
On page 22, in line 7, by striking ``(1)'' and inserting ``(a)''; in line 27, by striking ``(1)''
and inserting ``(a)''; in line 28, by striking ``(2)'' and inserting ``(b)'';
On page 23, in line 10, by striking ``(2)'' and inserting ``(b)'';
On page 26, in line 40, by striking all after the period; by striking all in lines 41 and 42
and inserting ``Service of process shall be made in the manner prescribed by K.S.A. 60-304
and amendments thereto.'';
On page 33, in line 32, by striking ``partnership'',`` and inserting ''partnership,'' '';
On page 34, in line 23, after the period by inserting ``Service of process shall be made in
the manner prescribed by K.S.A. 60-304 and amendments thereto.''
And your committee on conference recommends the adoption of this report.
Tim Carmody
Jim D. Garner
Terry Presta
Confereees on part of House
Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate
On motion of Rep. Carmody, the conference committee report on SB 9 was adopted.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments to HB 2534 and asked for a conference.
Speaker Shallenburger thereupon appointed Reps. Phil Kline, Farmer and Helgerson as
conferees on the part of the House.
On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB 2626 and asked for a conference.
Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as con-
ferees on the part of the House.
On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB 2126 and asked for a conference.
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 went into Committee of the Whole, with Rep.
Powell in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Powell, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to SB 556 be adopted; also, on motion of Rep.
Reinhardt be amended on page 3, by striking all in line 42 and inserting:
``Sec. 2. K.S.A. 80-410 is hereby amended to read as follows: 80-410. (a) The treasurer
of each township shall file with the county clerk a duly verified full and detailed statement
of the receipts, expenditures and liabilities of the township for the preceding calendar year,
on or before January 31 of the succeeding year.
(b) The treasurer of each township having an annual budget exceeding $25,000 shall
publish, or cause to be published, in a newspaper of general circulation in the township
immediately following the annual settlement in December of each year, a summary which
shows totals for categories of the receipts, expenditures and liabilities of such township for
the year ending at the time of such annual settlement. Such publication shall include a
notice that a detailed statement of such receipts, expenditures and liabilities is available for
public inspection at the county clerk's office. Copies of the statement shall be made available
upon request.
If the total of all expenditures is $500 or less, the summary of receipts, expenditures and liabilities shall not be required to be published as provided by this subsection.
(c) The treasurer of the township shall file with the county clerk a full and detailed
statement of the amount of money paid to each member of the township board pursuant
to K.S.A. 80-207, and amendments thereto, during the preceding calendar year, on or before
January 31 of the succeeding year.
Sec. 3. K.S.A. 64-101 and 80-410 are hereby repealed.'';
By renumbering sections accordingly;
In the title, by striking all in lines 14 and 15 and inserting:
``AN ACT concerning municipalities; relating to certain publications required thereof;
amending K.S.A. 64-101 and 80-410 and repealing the existing sections.'';
Also, on motion of Rep. O'Neal SB 556 be amended on page 3, following line 40, by
inserting:
``New Sec. 2. (a) When used in this section:
(1) ``Debt'' shall include, but not be limited to, any special assessment; fine or penalty
imposed by a municipal court; service fee; excise; fee, charge or other exaction; permit fee;
or license fee.
(2) ``Debt'' shall not include any property tax.
(b) The governing body of any city may adopt an ordinance authorizing the acceptance
of credit cards in payment of any debt due and owing to such city. The type of credit cards
accepted shall be determined by the governing body.
(c) The governing body may fix a fee to be added to each credit card transaction equal
to the charge paid by the city for the use of the credit card by the debtor.'';
By renumbering sections accordingly;
In the title, in line 14, by striking ``legal publications'' and inserting ``municipalities; re-
lating to the powers and duties of the governing bodies thereof ''; and SB 556 be passed as
amended.
Committee report to HR 6608 be adopted; and the resolution be adopted as amended.
Roll call was demanded on motion of Rep. Ray to rerefer HB 2244 to Committee on
Business, Commerce and Labor.
On roll call, the vote was: Yeas 48; Nays 74; Present but not voting: 1; Absent or not
voting: 2.
Also, roll call was demanded on motion of Rep. Campbell to amend HB 2244 on page
2, following line 14, by inserting:
``(c) The governing body of any public employer, other than the state and its agencies,
by adoption of a resolution by a majority vote of all the members may elect to bring such
public employer under the provisions of this act, and upon such election the public employer
and its employees shall be bound by its provisions from the date of such election. No such
resolution shall be effective until such resolution is submitted to and approved by a majority
of the qualified electors of the political or taxing subdivision governed by the governing
body adopting such resolution. Such election shall be called and held in the manner provided
by the general bond law. Once an election has been made to bring the public employer
under the provisions of this act it continues in effect unless rescinded by a majority vote of
all members of the governing body. No vote to rescind shall take effect until the termination
of the next complete budget year following such vote.'';
On roll call, the vote was: Yeas 48; Nays 75; Present but not voting: 0; Absent or not
voting: 2.
Also, roll call was demanded on motion of Rep. O'Connor to amend HB 2244 on page
1 following line 13, by inserting the following:
``New Section 1. The Kansas troopers association or any employee organization which
has filed an annual report pursuant to K.S.A. 75-4337 and amendments thereto or which
has a business agent registered pursuant to K.S.A. 75-4336 and amendments thereto, which
is allowed to have officers or employees request the director of accounts and reports to
deduct regular membership dues from the salary or wages of such officer or employee shall
file a current copy of the Kansas troopers association or employee organization membership
application form with the office of the attorney general and the Kansas commission on
governmental standards and conduct.'';
And by renumbering the remaining sections accordingly;
Also on page 1, in line 14, by striking ``Section'' and inserting ``Sec.'';
Also on page 1, in the title, in line 9, after ``concerning'' by inserting ``public employees;
relating to membership in employee organizations; concerning'';
On roll call, the vote was: Yeas 59; Nays 64; Present but not voting: 0; Absent or not
voting: 2.
Also, on motion of Rep. Campbell to amend HB 2244, the motion did not prevail.
Also, on motion of Rep. Presta to amend HB 2244, the motion did not prevail.
Having voted on the prevailing side, Rep. Franklin moved that the House reconsider its
action in not adopting the amendment of Rep. O'Connor. The motion prevailed. The ques-
tion then reverted back to the motion of Rep. O'Connor to amend HB 2244 on page 1
following line 13, by inserting the following:
``New Section 1. The Kansas troopers association or any employee organization which
has filed an annual report pursuant to K.S.A. 75-4337 and amendments thereto or which
has a business agent registered pursuant to K.S.A. 75-4336 and amendments thereto, which
is allowed to have officers or employees request the director of accounts and reports to
deduct regular membership dues from the salary or wages of such officer or employee shall
file a current copy of the Kansas troopers association or employee organization membership
application form with the office of the attorney general and the Kansas commission on
governmental standards and conduct.'';
And by renumbering the remaining sections accordingly;
Also on page 1, in line 14, by striking ``Section'' and inserting ``Sec.'';
Also on page 1, in the title, in line 9, after ``concerning'' by inserting ``public employees;
relating to membership in employee organizations; concerning'';
Roll call was demanded.
On roll call, the vote was: Yeas 66; Nays 56; Present but not voting: 0; Absent or not
voting: 3.
The Committee on Taxation recommends HCR 5037 be amended on page 2, after line
6, by inserting the following:
``Be it further resolved: That this resolution shall not be construed to indicate the legis-
latures favor for the replacement of the federal income tax with any federal sales tax or flat
rate income tax system which results in a shifting of the existing federal income tax burden
from one population segment to the average taxpayer;'' 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 bills were introduced and read by title:
HB 3022, An act concerning delinquent payments for sale of cable television services,
by Committee on Taxation.
HB 3023, An act relating to income taxation; concerning periods of limitation for as-
sessments and refunds; amending K.S.A. 79-3230 and repealing the existing section, by
Committee on Taxation.
MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to SB 493, requests a conference and
has appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2126 and has
appointed Senators Emert, Schraad and Goodwin as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2626 and has
appointed Senators Emert, Pugh and Goodwin 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 493.
Speaker Shallenburger thereupon appointed Reps. Phill Kline, Powell and Larkin as con-
ferees on the part of the House.
On motion of Rep. Jennison, the House recessed until 1:30 p.m.
March 26, 1998
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AFTERNOON SESSION
The House met pursuant to recess with Speaker Wagle in the chair.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Mays in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Mays, Committee of the Whole report, as follows, was adopted:
Recommended that SB 487; HB 3007, 2969; SB 129, 518, 421 be passed.
HB 3006 be passed over and retain a place on the calendar.
Committee report to SB 535 be adopted; and the bill be passed as amended.
Committee report to SB 554 be adopted; also, on motion of Rep. Aurand be amended
on page 4, after line 40, by inserting a new section as follows:
``New Sec. 4. All cash investments received by the Kansas technology enterprise cor-
poration which constitute the purchase of an interest in a Kansas venture capital company
from the corporation shall be remitted to the state treasurer for deposit in the state general
fund.'';
And by renumbering the existing sections accordingly;
Also, on further motion of Rep. Aurand to amend SB 554, the motion did not prevail.
Also, on further motion of Rep. Aurand to amend, the motion did not prevail; and the bill
be passed as amended.
Committee report to HB 2603 be adopted; and the bill be passed as amended.
Committee report to SB 495 be adopted; and the bill be passed as amended.
Committee report to HB 3014 be adopted; and the bill be passed as amended.
Committee report to HCR 5039 be adopted; also, on motion of Rep. Tanner be amended
on page 3, in line 26, by striking all after ``would'';
Also, roll call was demanded on motion of Rep. Wempe to amend HCR 5039 on page
1, in line 23, by striking ``by this''; in line 24, by striking ``section''; in line 28, before ``The''
by inserting ``The legislature may provide for the appraised valuations of real property es-
tablished pursuant to such basis to be averaged over a period of years for the purpose of
application in a taxable year for property taxation purposes.'';
On page 3, by striking all in lines 1 through 14; in line 15, by striking ``(c)'' and inserting
``(b)''; by striking all in lines 24 through 29 and inserting ``the legislature to provide for the
averaging over a period of years of certain real estate appraised valuations for application
in a taxable year.
A vote for this proposition would allow pursuant to enactment by the legislature the
averaging of certain real estate appraised valuations over a period of years for utilization in
a taxable year for property taxation purposes.'';
On roll call, the vote was: Yeas 57; Nays 63; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Adkins, Dean, Glasscock, Lloyd, Wilk.
The motion of Rep. Wempe did not prevail.
Also, on motion of Rep. McKechnie to amend HCR 5039, the motion did not prevail.
Also, roll call was demanded on motion of Rep. Larkin to amend HCR 5039 on page 1,
in line 23, by striking ``by this''; in line 24, by striking ``section''; on page 2, in line 1, by
striking ``111/2%'' and inserting ``61/2%''; in line 5, by striking ``30%'' and inserting ``25%'';
On page 3, by striking all in lines 1 through 14; in line 15, by striking ``(c)'' and inserting
``(b)''; by striking all in line 24; in line 25, by striking all before the period and inserting
``reduce the assessment rates applicable to residential real property and land devoted to
agricultural use''; in line 26, by striking all after ``would''; by striking all in lines 27 and 28;
in line 29, by striking all before the period and inserting ``reduce the assessment rates
applicable to residential real property and land devoted to agricultural use'';
On roll call, the vote was: Yeas 45; Nays 78; Present but not voting: 0; Absent or not
voting: 2.
The motion prevailed and HCR 5039 be adopted as amended.
Committee report recommending a substitute bill to H. Sub. for SB 439 be adopted;
also, on motion of Rep. Tomlinson be amended on page 47, in line 28, by striking ``40-
3209k'' and inserting ``40-2209k, 40-2209l''; and H. Sub. for SB 439 be passed as amended.
On motion of Rep. Garner to amend SB 489, Rep. Lane requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment not germane.
Also, roll call was demanded on further motion of Rep. Garner to amend SB 489 on page
5, after line 16, by inserting an additional section as follows:
``Sec. 2. (a) Each contract entered into pursuant to this act shall be based on bid or
contract specifications prescribing and requiring that employees of any contractor or sub-
contractor shall be paid not less than the hourly wages, including fringe benefits, paid to
corresponding classes of laborers and mechanics employed on similar projects in the county
where the project is to be performed. Such minimum wage shall be the wage paid to the
majority of the laborers or mechanics, unless the same wages are not paid to a majority, in
which case the minimum wage shall be the average wages paid, weighted by the total em-
ployed in the classification. In the alternative, the minimum wage shall be that determined
under federal law which would be required to be paid on federally funded projects at the
location of the public works project.
(b) Employees employed by contractors or subcontractors in the execution of any non-
federal aid, public works project contract with any state agency shall be paid not less than
the wages as determined pursuant to subsection (a).
(c) All work done on public works projects owned by or built for any state agency shall
be done by Kansas resident employees whenever possible.'';
By renumbering the sections accordingly;
In the title, in line 11, after ``payment'', by inserting ``; establishing minimum wages
therefor.'';
On roll call, the vote was: Yeas 63; Nays 58; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, Mayans, Palmer, Sloan.
The motion of Rep. Garner prevailed; and SB 489 be passed as amended.
Committee report to SB 677 be adopted; and the bill be passed as amended.
Committee report to SB 593 be adopted; also, on motion of Rep. Thimesch to amend,
the amendment was subsequently withdrawn.
Also, on motion of Rep. Aurand to amend SB 593, Rep. Franklin requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane; 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 concurrent resolution was introduced and read by title:
HOUSE CONCURRENT RESOLUTION No. 5054--
By Representative Tanner
A CONCURRENT RESOLUTION urging the United States Congress to support
modernization of US-59 highway by designating it as a demonstration project.
WHEREAS, According to the Kansas Department of Transportation within a twenty-
mile stretch on US-59 highway from Lawrence to Ottawa there have been 468 accidents
within the last 5 years; and
WHEREAS, According to the Kansas Department of Transportation 103 of those 468
accidents have involved personal injury and bodily harm; and
WHEREAS, Because of the persistent and continuing economic and population growth
in the area, the traffic count on US-59 will continue to increase, providing a greater threat
to the safety of the traveling public; and
WHEREAS, Engineering deficiencies in the past have lead to the existence of a highway
with scant passing areas and nonexistent shoulders; and
WHEREAS, This highway is the only viable connecting link between the major traffic
arteries of Interstate-70 and Interstate-35 between K-7 to the east and The Kansas Turnpike
to the West; and
WHEREAS, The large costs of purchasing rights-of-way and engineering makes this an
ideal project for the State of Kansas to partner in cost sharing with the federal government;
and
WHEREAS, The danger and risk of traveling on US-59 highway has reached proportions
that exceed the reasonable risks associated with driving on our public highways; and
WHEREAS, The tragic loss of life has become too great on US-59 highway and corrective
measures are needed immediately to remedy the unsafe and hazardous conditions, and
improve the safety of this highway; and
WHEREAS, The State of Kansas is financially unable to remedy this life threatening
situation in the near future: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the Legislature of the State of Kansas strongly urges the United States Con-
gress to support the designating of US-59 highway as a demonstration project; and
Be it further resolved: That the Secretary of State be directed to send copies of this
resolution to each member of the Kansas Congressional Delegation.
MESSAGE FROM THE SENATE
The Senate adopts conference committee report on HB 2143.
The Senate nonconcurs in House amendments to SB 510, requests a conference and has
appointed Senators Lawrence, Langworthy and Downey as conferees on the part of the
Senate.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2143, submits the following report:
The Senate recedes from all of its amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as introduced, as follows:
On page 1, in line 18, by striking ``$500,000'' and inserting ``$250,000''; in line 26, by
striking ``$500,000'' and inserting ``$250,000'';
And your committee on conference recommends the adoption of this report.
Tim Emert
Edward W. Pugh
Greta Goodwin
Conferees on part of Senate
Tim Carmody
Dale Swenson
Jim D. Garner Conferees on part of House
On motion of Rep. Carmody, the conference committee report on HB 2143 was adopted.
On roll call, the vote was: Yeas 106; Nays 18; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 510.
Speaker Shallenburger thereupon appointed Reps. O'Neal, Shore and Reardon as con-
ferees on the part of the House.
REPORTS OF STANDING COMMITTEES
The Committee on Judiciary recommends SB 671, as amended by Senate Committee
of the Whole, be amended by substituting a new bill to be designated as ``HOUSE Substitute
for SENATE BILL No. 671,'' as follows:
``HOUSE Substitute for SENATE BILL No. 671
By Committee on Judiciary
``AN ACT concerning the civil commitment of sexually violent predators; amending K.S.A.
59-29a11, 59-29a12 and 59-29a13 and K.S.A. 1997 Supp. 59-29a02, 59-29a08 and 59-
29a10 and repealing the existing sections.''; and the substitute bill be passed.
(H. Sub. for SB 671 was thereupon introduced and read by title.)
CHANGE OF CONFEREES
Speaker Shallenburger announced the appointment of Reps. Lane, Geringer and Pauls
as members of the conference committee on HB 2534 to replace Reps. Phil Kline, Farmer
and Helgerson.