April 8, 1998


Journal of the House


FIFTY-EIGHTH DAY
______
Hall of the House of Representatives, Topeka, KS,
Wednesday, April 8, 1998, 9:00 a.m. 
 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.

 Reps. Franklin, Haley and Schwartz were excused on excused absence by the Speaker.

 Present later: Reps. Haley and Schwartz.

 Prayer by Chaplain Washington:

      Heavenly Father,

       Your Word says in John 12:24 that unless a grain of wheat falls into the ground
      and dies its potential is untapped and it remains only a seed, but if it dies it produces
      greatly.

       As we move into this Easter season, we have thoughts of Jesus' death and resur-
      rection. We thank you for His example illustrated by that grain of wheat.

       Father, as these men and women have given of themselves . . . as they have
      made, and continue to make many sacrifices; during this resurrection season, remind
      them of Jesus and that grain of wheat. Please cultivate and give new life for their
      efforts. Help them to see bountiful rewards from their labors.

       I come to You in the Name of the Christ. Amen and Amen.

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

 Federal and State Affairs: HCR 5056.

COMMUNICATIONS FROM STATE OFFICERS

 From Charles R. Ranson, President, Kansas, Inc., Business Taxes and Costs, A Cross-
State Comparison, February 1998.

 From Charles R. Ranson, President, Kansas, Inc., Fiscal Year 1997 Grants and Loans
Report, February 1998.

 From Larry Froelich, Rph, Executive Secretary, Kansas State Board of Pharmacy,
amended notice of the report submitted in compliance with K.S.A. 65-4102, placing addi-
tional substances in the listing of Schedule IV controlled substances (K.S.A. 65-4111), April
5, 1998.

 From the National White Collar Crime Center, Inc., listing of NWCCC Member Agen-
cies/Representatives.

 The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.

MOTIONS TO CONCUR AND NONCONCUR

 On motion of Rep. Glasscock, the House concurred in Senate amendments to Sub. HB
2662, An act concerning governmental ethics and elections; amending K.S.A. 25-4119a, 25-
4119e, 25-4147, 25-4150, 25-4156, 25-4169a, 25-4173, 25-4175, 25-4180, 46-246a, 46-253,
46-280, 46-288, 75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f, 25-4143, 25-4145,
25-4146, 25-4148, 25-4152, 25-4157a, 25-4181, 25-4186, 46-237 and 46-265 and repealing
the existing sections.

 On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Camp-
bell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Emp-
son, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Ger-
inger, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Henderson,
Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, John-
ston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray,
Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Adkins, Dean, Franklin, Haley, Lloyd, Pauls, Schwartz.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 469, submits the following report:

    The House recedes from all of its Committee of the Whole amendments to the bill;

    The Senate accedes to all other amendments to the bill;

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Garry Boston

                                                                                    Ralph M. Tanner

                                                                                    L. Candy Ruff
 
                                                                                    Conferees on part of House

                                                                                    Janice L. Hardenburger

                                                                                    U.L. Gooch

                                                                                    Rich Becker
 
Conferees on part of Senate

 On motion of Rep. Boston to adopt the conference committee report on SB 469, Rep.
Burroughs offered a substitute motion to not adopt the conference committee report and
asked that a new conference committee be appointed. The substitute motion did not prevail.

 The question then reverted back to the original motion of Rep. Boston and the conference
committee report was adopted.

 On roll call, the vote was: Yeas 95; Nays 24; Present but not voting: 0; Absent or not
voting: 6.

 Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Campbell, Carmody,
Compton, Cook, Cox, Crow, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Hayzlett, Helgerson, Henderson, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mays, McClure, McCreary, Mollenkamp, Morrison,
Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, J. Peterson, Phelps,
Pottorff, Powell, Powers, Presta, Ray, Ruff, Samuelson, Sawyer, Shallenburger, Sharp,
Shore, Showalter, Sloan, Stone, Storm, Tanner, Toelkes, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Wilk, Wilson.

 Nays: Aurand, Burroughs, Correll, Dean, Dillon, Garner, Gregory, Henry, Klein, Kreh-
biel, McKechnie, McKinney, Minor, Nichols, E. Peterson, Reardon, Reinhardt, Shriver,
Spangler, Swenson, Thimesch, Tomlinson, Welshimer, Wempe.

 Present but not voting: None.

 Absent or not voting: Franklin, Haley, Lloyd, Mayans, Schwartz, Shultz.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2419, 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 4, by striking all of lines 42 and 43;

    On page 5, by striking all of lines 1 through 6 and inserting:

    ``(d) Upon entry of a final order by a court having jurisdiction, or a final order of a
governmental authority having jurisdiction, that requires first sellers to make refunds of
reimbursements for ad valorem taxes on royalty interests during the years 1983 through
1988 notwithstanding this section or if this section is determined to be unconstitutional, in
whole or in part, nothing in this section shall be construed to have affected the rights and
remedies available to any party under the laws of the state of Kansas, including those ap-
plicable in any action that a first seller of natural gas may bring against a royalty interest
owner to obtain such a refund.'';

    Also on page 5, in line 10, by striking ``statute book'' and inserting ``Kansas register'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    David R. Corbin

                                                                                    Stephen R. Morris

                                                                                    Donald E. Biggs
 
                                                                                    Conferees on part of Senate

                                                                                    Joann Freeborn

                                                                                    Dan Johnson

                                                                                    Eber Phelps
 
Conferees on part of House

 On motion of Rep. Freeborn, the conference committee report on HB 2419 was adopted.

 On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lar-
kin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta,
Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Shore, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tom-
linson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Franklin, Haley, Klein, Lloyd, Schwartz.

MOTIONS TO CONCUR AND NONCONCUR

 On motion of Rep. Lane, the House concurred in Senate amendments to HB 2799, An
act concerning workers compensation; relating to optional deductible; amending K.S.A.
44-513a and K.S.A. 1997 Supp. 44-510, 44-534, 44-556, 44-559, 44-5,117, 44-5,120 and 44-
5,125 and repealing the existing sections. (The House requested the Senate to return the
bill, which was in conference).

 On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson, Hen-
derson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, John-
son, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mc-
Kinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Os-
borne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Shore,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer,
Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Franklin, Haley, Lloyd, Schwartz.

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

COMMITTEE OF THE WHOLE

 On motion of Rep. Aurand, Committee of the Whole report, as follows, was adopted:

 Recommended that SB 408 be passed.

 Sub. SB 675, Sub. SB 322 be passed over and retain a place on the calendar.

 Committee report recommending a substitute bill to H. Sub. for SB 671 be adopted;
also, on motion of Rep. Carmody be amended on page 5, in line 28, before ``appropriate''
by inserting ``not''; in line 29, by striking all after ``person''; in line 30, by striking all before
``remain''; also in line 30, after the period, by inserting ``Otherwise, the court shall order
that the person be placed in transitional release.'';

    On page 6, in line 38, before ``appropriate'' by inserting ``not''; in line 39, by striking all
after ``person''; in line 40, by striking all before ``remain''; also in line 40, after the period,
by inserting ``Otherwise, the court shall order that the person be placed in transitional
release.'';

 Also, on motion of Rep. Johnston to amend H. Sub. for SB 671, Rep. Carmody requested
a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment
not germane; and the substitute bill be passed as amended.

 Committee report to HB 2989 be adopted; and the bill be passed as amended.

 Committee report to HB 2748 be adopted; also, on motion of Rep. Empson to amend,
the motion did not prevail.

 Also, on motion of Rep. McKinney HB 2748 be amended on page 2, following line 10,
by inserting two new sections as follows:

    ``Sec. 2. On July 1, 1998, K.S.A. 1997 Supp. 71-301 shall be and is hereby amended to
read as follows: 71-301. (a) The board of trustees shall charge to and collect from each
student tuition at rates per credit hour enrolled which shall be established by the board of
trustees.

    (b) The board of trustees, in accordance with rules and regulations of the state board,
shall determine an amount of out-district tuition to be charged for each out-district student
attending the community college. The board of county commissioners of any county charged
with payment of out-district tuition shall levy a tax on all of the taxable property of the
county sufficient to pay all out-district tuition charges authorized by this act. The proceeds
from the tax levied under authority of this section shall be deposited in a special fund for
payment of out-district tuition. Upon receiving a statement of charges for out-district tuition,
the board of county commissioners shall allow and pay the same from the special fund
within 45 days from the receipt of such statement. If there is insufficient or no money in
the special fund, out-district tuition shall be paid from the county general fund or from the
proceeds of the sale of no-fund warrants issued for the purpose of the payment of out-
district tuition. If the board of county commissioners fails to pay such amount at the time
required under this subsection, the board of trustees shall notify the state board of such
failure to pay and shall certify to the state board the amount to be paid. Upon receipt by
the state board of such notification, the amount to be paid as certified to the state board
shall become an amount due and owing to the state board. The state board shall notify the
board of county commissioners that this amount is now due and owing to the state board.
If the board of county commissioners fails to pay such amount to the state board within 14
days of the receipt of such notification, the state board shall initiate proceedings under
K.S.A. 75-6201 et seq. for the collection of such money. Money paid to or collected by the
state board under this subsection shall be deposited in the out-district tuition suspense
account which is hereby created in the state treasury. The state board shall pay moneys
from this account, in accordance with rules and regulations of the state board, to the com-
munity colleges entitled to receive such money.

    (c) The total out-district tuition charged by a community college shall be an amount
equal to the number of duly enrolled out-district students times $24 for each credit hour
of each such student.

    (d) (1) Out-district tuition shall only be charged for credit hours of out-district students
if such students, as determined by the state board, have not more than 64 credit hours from
any institution of postsecondary education or the students have not more than 72 credit
hours and are enrolled in terminal type nursing courses or freshman-sophomore level preen-
gineering courses.

    (2) The credit hour limitations prescribed by provision (1) of this subsection do not
apply to credit hours of out-district students if such students, as determined by the state
board, are enrolled in an approved vocational education program at a community college
for the purpose of receiving vocational or technical training or retraining in preparation for
gainful employment.

    (e) (d) In May of each fiscal year, the board of trustees shall notify the board of county
commissioners of the approximate amount of out-district tuition which will be charged to
the county in the succeeding fiscal year.

    (f) (e) Expenditures for out-district tuition shall be exempt from the budget law of this
state to the extent of such payments not anticipated in the budget of the county.

    Sec. 3. On July 1, 1998, K.S.A. 1997 Supp. 71-301 shall be and is hereby repealed.'';

    By renumbering sections 2 and 3 as sections 4 and 5, respectively;

    In the title, in line 12, before ``amending''; by inserting ``affecting determination of out-
district tuition and state aid;''; also in line 12, after ``Supp.'', by inserting ``71-301 and''; also
in line 12, by striking ``section'' and inserting ``sections''; and HB 2748 be passed as
amended.

 Committee report to HCR 5020 be adopted; also, on motion of Rep. Edmonds to amend,
the motion did not prevail. Also, on further motion of Rep. Edmonds to amend, the motion
did not prevail.

 Also, roll call was demanded on motion of Rep. Horst to amend HCR 5020 on page 1,
in line 35, following ``representatives'' by inserting ``in''; in line 39, following the period, by
inserting ``After December 31, 2002, no person shall be elected for more than three suc-
cessive terms as representative; except that if a petition signed by at least 20% of the qualified
electors of a representative-district is filed in the office of the secretary of state by 12:00
noon June 10 prior to the primary election requesting that such limitation be suspended,
such limitation shall be suspended for the purpose of the election held in that year.'';

    On page 2, in line 11, before the period, by inserting ``. After December 31, 2002, no
person shall be elected for more than three successive terms as senator''; in line 20, before
``after'' by inserting ``and limit the number of consecutive terms for which a person can
serve as a representative or senator''; in line 25, before ``after'' by inserting ``and limiting
the number of consecutive terms for which a person can serve as a representative or senator;
except that if a petition signed by at least 20% of the qualified electors of a senatorial district
is filed in the office of the secretary of state by 12:00 noon June 10 prior to the primary
election requesting that such limitation be suspended, such limitation shall be suspended
for the purpose of the election held in that year'';

    Also on page 2, in line 21, following the period, by inserting ``The amendment would limit
the number of successive terms a person can be elected as a representative or senator,
unless a petition is filed requesting the suspension of such limitation.''; in line 26, before
the period by inserting ``and limiting the number of successive terms for which a person
can be elected as a representative or senator'';

 On roll call, the vote was: Yeas 93; Nays 29; Present but not voting: 0; Absent or not
voting: 3.

 Yeas: Alldritt, Aurand, Ballard, Ballou, Beggs, Boston, Campbell, Compton, Cook, Cor-
rell, Cox, Crow, Dahl, Dean, Edmonds, Empson, Faber, Farmer, Feuerborn, Flora, Flower,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henry, Horst, Howell, Huff, Hutchins, Jennison, Johnston, Kirk, Klein, Phill Kline, Kreh-
biel, Kuether, Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, Mc-
Creary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Neufeld, Nichols, Osborne,
Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta,
Ray, Ruff, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Stone, Swen-
son, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wei-
land, Wempe, Wilk.

 Nays: Adkins, Allen, Benlon, Burroughs, Carmody, Dillon, Dreher, Findley, Flaharty,
Freeborn, Henderson, Holmes, Humerickhouse, Johnson, Kejr, Phil Kline, McClure, Mi-
nor, O'Connor, O'Neal, Reardon, Reinhardt, Samuelson, Shore, Sloan, Storm, Wells, Wel-
shimer, Wilson.

 Present but not voting: None.

 Absent or not voting: Franklin, Lloyd, Spangler.

 The motion of Rep. Horst prevailed; and HCR 5020 be adopted as amended.

CONFERENCE COMMITTEE REPORT

    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 493, 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 amendments,
as follows:

    On page 14, in line 23, by striking all after ``director''; in line 24, by striking all before
the period and inserting ``at the expiration of nine months after the death of the decedent'';

    On page 16, after line 38, by inserting a new section to read as follows:

    ``Sec. 6. K.S.A. 79-1565 is hereby amended to read as follows: 79-1565. The personal
representative of any decedent, the shares of whose estate are is not taxable under the
provisions of this the Kansas estate tax act, may obtain a determination of the director that
no tax liability exists thereon by filing an affidavit with the director stating that such shares
of the decedent's estate are is not taxable. Any such affidavit shall be in such form as
prescribed by the secretary to show the condition of the estate and the shares thereof to
the extent that the director may make such determination. Upon being satisfied of the
information contained in such affidavit, the director shall issue a certificate that the shares
of the decedent's estate are is not taxable under the provisions of this act to the person
making such affidavit, and when the estate is involved in proceedings before a district court,
to the judge of such court for recording in full in the journal of such court. Release of the
lien imposed by K.S.A. 79-1569, and amendments thereto, may be provided by filing notice
of release in the office of the register of deeds in any county where any such real property
included in the gross estate is located or, when the estate is involved in proceedings before
a district court, with the court. Any such notice of release shall be in such form as prescribed
by the secretary and may include use of or reference to the certificate issued by the director
or may be included as part of that certificate.'';

    On page 26, in line 2, by striking ``17'' and inserting ``18''; in line 6, by striking ``17'' and
inserting ``18'';

    On page 27, by striking all in lines 22 through 43;

    By striking all on pages 28 through 32;

    On page 33, by striking all in lines 1 through 34;

    On page 34, in line 2, by striking ``$5,400'' and inserting ``$6,000''; in line 3, by striking
``$4,450'' and inserting ``$4,500''; in line 16, by striking ``$2,300'' and inserting ``$2,250''; in
line 23, by striking ``$2,300'' and inserting ``$2,250'';

    On page 36, in line 19, by striking ``23'' and inserting ``20'';

    On page 40, in line 34, by striking ``and''; after line 34, by inserting the following:

    ``(6) (A) The incremental severance and production of oil or gas which results from a
production enhancement project begun on or after July 1, 1998, shall be exempt for a period
of seven years from the startup date of such project. As used in this paragraph (6):

    (1) ``Incremental severance and production'' means the amount of oil or natural gas
which is produced as the result of a production enhancement project which is in excess of
the base production of oil or natural gas, and is determined by subtracting the base pro-
duction from the total monthly production after the production enhancement projects is
completed.

    (2) ``Base production'' means the average monthly amount of production for the twelve-
month period immediately prior to the production enhancement project beginning date,
minus the monthly rate of production decline for the well or project for each month beginning
180 days prior to the project beginning date. The monthly rate of production decline shall
be equal to the average extrapolated monthly decline rate for the well or project for the
twelve-month period immediately prior to the production enhancement project beginning
date. Such monthly rate of production decline shall be continued as the decline that would
have occurred except for the enhancement project. The calculation of the base production
amount shall be evidenced by an affidavit and supporting documentation filed by the ap-
plying taxpayer with the state corporation commission.

    (3) ``Workover'' means any downhole operation in an existing oil or gas well that is
designed to sustain, restore or increase the production rate or ultimate recovery of oil or
gas, including but not limited to acidizing, reperforation, fracture treatment, sand/paraf-
fin/scale removal or other wellbore cleanouts, casing repair, squeeze cementing, initial in-
stallation, or enhancement of artificial lifts including plunger lifts, rods, pumps, submersible
pumps and coiled tubing velocity strings, downsizing existing tubing to reduce well loading,
downhole commingling, bacteria treatments, polymer treatments, upgrading the size of
pumping unit equipment, setting bridge plugs to isolate water production zones, or any
combination of the aforementioned operations; ``workover'' shall not mean the routine main-
tenance, routine repair, or like for-like replacement of downhole equipment such as rods,
pumps, tubing packers or other mechanical device.

    (4) ``Production enhancement project'' means performing or causing to be performed
the following:

    (i) Workover;

    (ii) recompletion to a different producing zone in the same well bore, except recomple-
tions in formations and zones subject to a state corporation commission proration order;

    (iii) secondary recovery projects;

    (iv) addition of mechanical devices to dewater a gas or oil well;

    (v) replacement or enhancement of surface equipment;

    (vi) installation or enhancement of compression equipment, line looping or other tech-
niques or equipment which increases production from a well or a group of wells in a project;

    (vii) new discoveries of oil or gas which are discovered as a result of the use of new
technology, including, but not limited to, three dimensional seismic studies.

    (B) The state corporation commission shall adopt rules and regulations necessary to
efficiently and properly administer the provisions of this paragraph (6) including rules and
regulations for the qualification of production enhancement projects, the procedures for
determining the monthly rate of production decline, criteria for determining the share of
incremental production attributable to each well when a production enhancement project
includes a group of wells, criteria for determining the start up date for any project for which
an exemption is claimed, and determining new qualifying technologies for the purposes of
paragraph (6)(A)(4)(vii).

    (C) Any taxpayer applying for an exemption pursuant to this paragraph (6) shall make
application to the director of taxation. Such application shall be accompanied by a state
corporation commission certification that the production for which an exemption is sought
results from a qualified production enhancement project and certification of the base pro-
duction for the enhanced wells or group of wells, and the rate of decline to be applied to
that base production. The secretary of revenue shall provide credit for any taxes paid between
the project startup date and the certification of qualifications by the commission.

    (D) The exemptions provided for in this paragraph (6) shall not apply for 12 months
beginning July 1 of the year subsequent to any calendar year during which: (1) In the case
of oil, the secretary of revenue determines that the weighted average price of Kansas oil at
the wellhead has exceeded $20.00 per barrel; or (2) in the case of natural gas the secretary
of revenue determines that the weighted average price of Kansas gas at the wellhead has
exceeded $2.50 per Mcf.

    (E) The provisions of this paragraph (6) shall not affect any other exemption allowable
pursuant to this section; and'';

    Also on page 40, in line 35, by striking ``(6)'' and inserting ``(7)'';

    On page 48, in line 6, after ``facility'' by inserting ``, the original construction, reconstruc-
tion, restoration, remodeling, renovation, repair or replacement of a residence''; in line 17,
after ``term'' by inserting ``, except with regard to a residence,''; in line 21, by striking ``live
or''; in line 24, by striking ``and''; in line 31, after the semicolon by inserting ``and''; after
line 31, by inserting

    ``(4) ''residence`` shall mean only those enclosures within which individuals customarily
live;'';

    On page 64, by striking all in lines 33 and 34; in line 35, by striking all before the period
and inserting ``$12,500 or less, an amount equal to $60. There shall be allowed for each
member of a household of a claimant having income of more than $12,500 but not more
than $25,000, an amount equal to $30''; in line 43, by striking ``$42'' and inserting ``$60 or
$30, as the case requires,'';

    On page 65, by striking all in lines 18 through 43;

    On page 66, by striking all in lines 1 through 10;

    On page 71, in line 25, by striking ``and (16)'' and inserting ``(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; and (17)'';

    By renumbering existing sections accordingly;

    On page 72, in line 31, by striking all after the third comma; in line 32, by striking all
before ``79-32,119'';

    In the title, in line 21, before ``79-1569'' by inserting ``79-1565,''; in line 23, by striking
all before ``79-32,119''; in line 32, by striking ``79-1565,''; in line 33, by striking all after ``79-
1585''; in line 34, by striking all before the period and inserting ``and 79-1586''

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Phill Kline

                                                                                    Tony Powell

                                                                                    Bruce Larkin
 
                                                                                    Conferees on part of House

                                                                                    Audrey Langworthy

                                                                                    David R. Corbin

                                                                                    Janis K. Lee
 
Conferees on part of Senate

 On motion of Rep. Phill Kline, the conference committee report on SB 493 was adopted.

 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

 Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs,
Campbell, Carmody, Compton, Cook, Correll, Cox, Crow, Dahl, Dean, Dillon, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn,
Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson,
Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison,
Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal,
Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp,
Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thi-
mesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Wel-
shimer, Wempe, Wilk, Wilson.

 Nays: None.

 Present but not voting: None.

 Absent or not voting: Franklin, Lloyd.

MESSAGE FROM THE SENATE

 The Senate accedes to the request of the House for a conference on S. Sub. for HB
2149 and has appointed Senators Kerr, Morris and Petty as conferees on the part of the
Senate.

 The Senate accedes to the request of the House for a conference on Sub. HB 2609 and
has appointed Senators Praeger, Salmans and Steineger as conferees on the part of the
Senate.

 The Senate accedes to the request of the House for a conference on HB 2724 and has
appointed Senators Praeger, Hardenburger and Steineger as conferees on the part of the
Senate.

 The President announced the appointment of Senator Petty as a member of the confer-
ence committee on SB 495 to replace Senator Gilstrap.

 The President announced the appointment of Senator Morris as a member of the con-
ference committee on SB 11 to replace Senator Salisbury.

 The House stood in recess until 3:00 p.m.





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

MESSAGES FROM THE GOVERNOR

 HB 2143, 2289, 2408; Sub. HB 2640; HB 2676, 2683, 2685, 2729, 2742, 2743,
2765, 2792, 2813, 2831, 2838, 2933, 3005 approved on April 7, 1998.

 Also, HB 2590, 2876 approved on April 8, 1998.

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

COMMITTEE OF THE WHOLE

 On motion of Rep. Aurand, Committee of the Whole report, as follows, was adopted:

 Recommended that having voted on the prevailing side Rep. Horst moved, pursuant to
House Rule 2303, that the House reconsider its action in adoption of the Committee of the
Whole report on HCR 5020 (see Morning Session) and the resolution be returned to
General Orders. The motion prevailed.

 Also, having voted on the prevailing side, Rep. Horst moved, pursuant to House Rule
2303, that the House reconsider the adoption of her amendment. The motion prevailed.
Rep. Horst then withdrew the amendment.

 Also, on further motion of Rep. Horst HCR 5020 be amended on page 1, in line 35,
following ``representatives'' by inserting ``in''; in line 39, following the period, by inserting
``After December 31, 2002, no person shall be elected for more than three successive terms
as representative; except that if a petition signed by at least 20% of the qualified electors of
a representative-district is filed in the office of the secretary of state by 12:00 noon June 10
prior to the primary election requesting that such limitation be suspended, such limitation
shall be suspended for the purpose of the election held in that year.'';

    On page 2, in line 11, before the period, by inserting ``. After December 31, 2002, no
person shall be elected for more than two successive terms as senator''; in line 20, before
``after'' by inserting ``and limit the number of consecutive terms for which a person can
serve as a representative or senator''; in line 25, before ``after'' by inserting ``and limiting
the number of consecutive terms for which a person can serve as a representative or senator;
except that if a petition signed by at least 20% of the qualified electors of a senatorial district
is filed in the office of the secretary of state by 12:00 noon June 10 prior to the primary
election requesting that such limitation be suspended, such limitation shall be suspended
for the purpose of the election held in that year'';

    Also on page 2, in line 21, following the period, by inserting ``The amendment would limit
the number of successive terms a person can be elected as a representative or senator,
unless a petition is filed requesting the suspension of such limitation.''; in line 26, before
the period by inserting ``and limiting the number of successive terms for which a person
can be elected as a representative or senator'';

 Also, on motion to recommend HCR 5020 favorably for adoption, the motion did not
prevail.

 On motion of Rep. Wempe to refer Sub. SB 675 to Committee on Taxation, the motion
did not prevail.

 Also, on motion of Rep. Burroughs Sub. SB 675 be amended on page 31, after line 4,
by inserting a new section as follows:

    ``Sec. 23. Within one year of the commencement of construction of any project of
statewide as well as local importance as defined in K.S.A. 74-8902 and amendments thereto,
a developer shall pay $1,500,000 to any unit of local government which may have previously
invested in the project to compensate the local government for direct cash investment in
the project and for the use of the local government's employees and other resources.'';

    And by renumbering the existing sections;

 Also, roll call was demanded on motion of Rep. Spangler to amend Sub. SB 675 on page
14, by striking lines 23 through 43;

    By striking all in pages 15 through 17;

    On page 18, by striking lines 1 through 35; in line 43, by striking all after ``thereto'';

    On page 19, by striking line 1; in line 2, by striking all before ``which'';

    On page 24, in line 3, by striking ``.5%'' and inserting ``1.5%'';

    By renumbering remaining sections accordingly;

    On page 31, in line 5, by striking ``, 79-3603 and 79-3703'';

    In the title, in line 13, by striking ``, 79-''; in line 14, by striking ``3603 and 79-3703'';

 On roll call, the vote was: Yeas 57; Nays 61; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Alldritt, Aurand, Ballard, Boston, Burroughs, Correll, Crow, Dean, Dillon, Ed-
monds, Feuerborn, Findley, Flaharty, Flora, Garner, Geringer, Gilbert, Grant, Haley, Hel-
gerson, Henderson, Horst, Hutchins, Johnston, Kirk, Klein, Krehbiel, Kuether, Landwehr,
Larkin, M. Long, McClure, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Nich-
ols, Osborne, Pauls, E. Peterson, Phelps, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Show-
alter, Shultz, Spangler, Swenson, Thimesch, Toelkes, Weiland, Wells, Welshimer, Wempe.

 Nays: Adkins, Allen, Ballou, Beggs, Benlon, Campbell, Carmody, Compton, Cook, Cox,
Dahl, Dreher, Empson, Faber, Flower, Freeborn, Gilmore, Glasscock, Gregory, Hayzlett,
Holmes, Howell, Huff, Humerickhouse, Jennison, Johnson, Kejr, Phil Kline, Phill Kline,
Lane, P. Long, Mason, Mays, McCreary, Myers, O'Connor, O'Neal, Packer, Palmer, J.
Peterson, Pottorff, Powell, Powers, Ray, Samuelson, Schwartz, Shallenburger, Shore,
Shriver, Sloan, Stone, Storm, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Farmer, Franklin, Henry, Lloyd, Mayans, Neufeld, Presta.

 The motion of Rep. Spangler did not prevail.

 Also, on further motion of Rep. Spangler to amend Sub. SB 675, the motion did not
prevail. Also, roll call was demanded on further motion of Rep. Spangler to amend on page
5, in line 11, before the period by inserting ``, but subject to the restrictions provided in
subsection (b) of K.S.A. 12-1773, and amendments thereto'';

 On roll call, the vote was: Yeas 56; Nays 62; Present but not voting: 0; Absent or not
voting: 7.

 Yeas: Alldritt, Aurand, Ballard, Burroughs, Correll, Crow, Dean, Dillon, Edmonds, Feuer-
born, Findley, Flaharty, Flora, Garner, Geringer, Gilbert, Grant, Haley, Helgerson, Hen-
derson, Henry, Johnson, Johnston, Kirk, Klein, Kuether, Larkin, M. Long, McClure,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, Osborne, Packer,
Pauls, E. Peterson, Phelps, Powers, Reardon, Ruff, Sawyer, Shallenburger, Sharp, Shore,
Spangler, Thimesch, Toelkes, Wagle, Weiland, Wells, Welshimer, Wempe.

 Nays: Adkins, Allen, Ballou, Beggs, Benlon, Boston, Campbell, Carmody, Compton,
Cook, Cox, Dahl, Dreher, Empson, Faber, Farmer, Flower, Freeborn, Gilmore, Glasscock,
Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Kejr,
Phil Kline, Phill Kline, Lane, P. Long, Mason, Mays, McCreary, O'Connor, O'Neal, Palmer,
J. Peterson, Pottorff, Presta, Ray, Reinhardt, Samuelson, Schwartz, Showalter, Shriver,
Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Weber,
Wilk, Wilson.

 Present but not voting: None.

 Absent or not voting: Franklin, Krehbiel, Landwehr, Lloyd, Mayans, Neufeld, Powell.

 The motion of Rep. Spangler did not prevail.

 Also, on further motion of Rep. Spangler Sub. SB 675 be amended on page 2, in line
35, after ``housing'', by inserting ``and the council on travel and tourism'';

    On page 7, in line 39, after ``housing'', by inserting ``, the council on travel and tourism'';

    On page 8, in line 17, by striking all after ``of  '', and inserting ``commerce and housing
and the council on travel and tourism'';

 Also, on motion of Rep. Wempe Sub. SB 675 be amended on page 6, in line 31, after
the period, by inserting ``Such redevelopment district shall be no larger than 2,500 acres if
such district is to be established in a federal enclave located within a county which according
to the 1990 decennial census contained a population greater than 25,000.'';

 Also, on motion of Rep. Burroughs to amend Sub. SB 675, the motion did not prevail;
and the substitute bill be passed as amended.

CHANGE OF CONFEREES

 Speaker Shallenburger announced the appointment of Reps, O'Neal, Shore and Reardon
as members of the conference committee on HB 2249 to replace Reps. Phill Kline, Powell
and Larkin.

REPORT ON ENGROSSED BILLS

 HB 2893 reported correctly engrossed April 7, 1998.

 Also, Sub. HB 2662; HB 2748, 2799, 2989 reported correctly engrossed April 8, 1998.

 HB 2419 reported correctly re-engrossed April 8, 1998.

 On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Thursday, April 9,
1998.

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