January 21, 1998
Journal of the Senate
EIGHTH DAY
______
Senate Chamber Topeka, Kansas
Thursday, January 22, 1998--2:30 p.m.
The Senate was called to order by President Dick Bond.
The roll was called with thirty-seven senators present.
Senators Jordan, Langworthy and Pugh were excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Most of the issues we face here leave room for adversaries to negotiate.
But there are some issues for which supporters on both sides not only have strong
feelings, not only have strong beliefs, but have strong convictions that they are right
and the other side is absolutely wrong.
How do we deal with people on the other side of such issues, O God?
If they should curse us or abuse us in any way should we retaliate in kind?
Over a hundred years ago a Topeka pastor named Charles Sheldon wrote a book
called In His Steps. Although the issues are not the same, the same approach may
be helpful to all who respect the teachings of Christ.
When faced with a decision on how to behave, the question was asked, ``What
would Jesus do?''
You have given us a clue to the answer to that question in something Jesus said
in His sermon on the mount: ``Bless those who curse you, pray for those who mistreat
you.'' (Luke 6:28)
I pray in Jesus' Name,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 482, An act concerning expungement; relating to diversion agreements; arrest records;
violations of city ordinances; amending K.S.A. 1997 Supp. 12-4516 and 21-4619 and re-
pealing the existing sections; also repealing K.S.A. 1997 Supp. 21-4619b, by Committee on
Judiciary.
SB 483, An act concerning solid waste; authorizing disposal of certain wastes without a
permit; amending K.S.A. 1997 Supp. 65-3407c and repealing the existing section, by Com-
mittee on Energy and Natural Resources.
SB 484, An act concerning the practice of pharmacy; filling transferred prescriptions;
amending K.S.A. 1997 Supp. 65-1656 and repealing the existing section, by Committee on
Public Health and Welfare.
SB 485, An act concerning the uniform controlled substances act ;amending K.S.A. 1997
Supp. 65-4111 and repealing the existing section, by Committee on Public Health and
Welfare.
SB 486, An act concerning gaming; relating to the powers and duties of certain employees
of the state gaming agency; amending K.S.A. 1997 Supp. 74-9804 and 74-9806 and repealing
the existing sections, by Committee on Federal and State Affairs.
SB 487, An act concerning Kansas Venture Capital, Inc.; providing a means for the
redemption of the state's investment therein; amending K.S.A. 74-8203 and 74-8303 and
K.S.A. 1997 Supp. 74-8205, 74-8206, 74-8304, 74-8307 and 74-8401 and repealing the ex-
isting sections, by Committee on Commerce.
SB 488, An act relating to nondriver identification cards; amending K.S.A. 1997 Supp.
8-1325 and repealing the existing section, by Committee on Transportation and Tourism.
SB 489, An act concerning construction contracts; providing procedure for partial pay-
ment; amending K.S.A. 68-411 and 68-1120 and K.S.A. 1997 Supp. 68-521 and repealing
the existing sections, by Committee on Transportation and Tourism.
SB 490, An act concerning finance charges on consumer credit sales; amending K.S.A.
1997 Supp. 16a-1-301, 16a-2-201 and 16a-2-202 and repealing the existing sections, by
Committee on Financial Institutions and Insurance.
SB 491, An act concerning municipal energy agencies; amending K.S.A. 12-886 and
12-897 and repealing the existing sections, by Committee on Utilities.
SB 492, An act authorizing certain cities to impose an earnings tax 'escribing procedures
therefor and duties and authorities for the state department of revenue; amending K.S.A.
12-140 and repealing the existing section, by Senator Steineger.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Education: SB 481.
Elections and Local Government: SB 479, 480.
Energy and Natural Resources: SB 476, 477, 478.
Financial Institutions & Insurance: SB 470.
Judiciary: SB 472, 473, 474.
Public Health and Welfare: SB 471.
Ways and Means: SB 475.
COMMUNICATIONS FROM STATE OFFICERS
POOLED MONEY INVESTMENT BOARD
January 22, 1998
William E. Lewis, Chairman, Pooled Money Investment Board, submitted the financial
statements relative to PMIB activities for fiscal year 1997.
The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends SB 416 be amended on page 1, after line 14,
by inserting the following section:
``Section 1. K.S.A. 1997 Supp. 40-2813 is hereby amended to read as follows: 40-2813.
For all taxable years commencing after December 31, 1993, any taxpayer who makes ex-
penditures for the purpose of making all or any portion of an existing building or facility
accessible to persons with a disability, which building or facility is on real property located
in this state and used in a trade or business or held for the production of income, shall be
entitled to claim a tax credit in an amount equal to 50% of such expenditures or, the amount
of $10,000, whichever is less, against the tax liability imposed against such taxpayer pursuant
to article 28 of chapter 40 of the Kansas Statutes Annotated premium tax or privilege fees
imposed pursuant to K.S.A. 40-252, and amendments thereto. Such tax credit shall be de-
ducted from the taxpayer's tax liability for the taxable year following the year in which the
expenditures are made by the taxpayer. If the amount of such tax credit exceeds the tax-
payer's tax liability for such taxable year, the amount thereof which exceeds such tax liability
may be carried over for deduction from the taxpayer's tax liability in the next succeeding
taxable year or years until the total amount of the tax credit has been deducted from tax
liability, except that no such tax credit shall be carried over for deduction after the fourth
taxable year succeeding the taxable year in which the expenditures are made. Terms used
in this section shall have the same meanings as ascribed thereto in K.S.A. 79-32,175, and
amendments thereto.'';
And by renumbering the existing sections accordingly;
On page 11, after line 26, by inserting the following sections:
``Sec. 2. K.S.A. 79-32,195 is hereby amended to read as follows: 79-32,195. As used in
this act, the following words and phrases shall have the meanings ascribed to them herein:
(a) ``Business firm'' means any business entity authorized to do business in the state of Kansas
which is subject to the state income tax imposed by the provisions of the Kansas income tax
act, any national banking association, state bank, trust company or savings and loan associ-
ation paying an annual tax on its net income pursuant to article 11 of chapter 79 of the
Kansas Statutes Annotated, or any insurance company paying an annual tax on its net income
pursuant to article 28 of chapter 40 of the Kansas Statutes Annotated;
(b) ``community services'' means:
(1) The conduct of activities which meet a demonstrated community need and which
are designed to achieve ;(tri-stars)e objectives set forth in the blueprint for investment in Kansas
children and their families of the 1991 special committee on childrens' initiatives and which
have been approved by local planning councils established in accordance with such blueprint
are coordinated with communities;
(2) crime prevention; and
(3) health care services.
(c) ``crime prevention'' means any nongovernmental activity which aids in the prevention
of crime in an impoverished area.
(d) ``community service organization'' means any organization performing community
services in Kansas and which:
(1) Has obtained a ruling from the internal revenue service of the United States de-
partment of the treasury that such organization is exempt from income taxation under the
provisions of section 501(c)(3) of the federal internal revenue code; or
(2) is incorporated in the state of Kansas or another state as a nonstock, nonprofit
corporation; or
(3) has been designated as a community development corporation by the United States
government under the provisions of title VII of the economic opportunity act of 1964; or
(4) is chartered by the United States congress.
(e) ``health care services'' shall include, but not be limited to, the following: Services
provided by local health departments, city, county or district hospitals, city or county nursing
homes, or other residential institutions, preventive health care services offered by a com-
munity service organization including immunizations, prenatal care, the postponement of
entry into nursing homes by home health care services, and community based services for
persons with a disability, mental health services, indigent health care, physician or health
care worker recruitment, health education, emergency medical services, services provided
by rural health clinics, integration of health care services, home health services and services
provided by rural health networks.
(f) ``rural community'' means any city having a population of fewer than 15,000 located
in a county that is not part of a standard metropolitan statistical area as defined by the
United States department of commerce or its successor agency. However, any such city
located in a county defined as a standard metropolitan statistical area shall be deemed a
rural community if a substantial number of persons in such county derive their income from
agriculture and, in any county where there is only one city within the county which has a
population of more than 15,000 and which classifies as a standard metropolitan statistical
area, all other cities in that county having a population of less than 15,000 shall be deemed
a rural community.
Sec. 3. K.S.A. 79-32,196 is hereby amended to read as follows: 79-32,196. Any business
firm which contributes to a community service organization or governmental entity which
engages in the activities of providing community services, shall be allowed a credit, as pro-
vided in K.S.A. 79-32,197, against the tax imposed by the Kansas income tax act, the tax on
net income of national banking associations, state banks, trust companies or savings and
loan associations imposed under article 11 of chapter 79 of the Kansas Statutes Annotated,
or the tax on net income of insurance companies imposed under article 28 of chapter 40 of
the Kansas Statutes Annotated premium tax or privilege fees imposed pursuant to K.S.A.
40-252, and amendments thereto, if the proposal of the provider of community services is
approved pursuant to K.S.A. 79-32,198.'';
And by renumbering the existing sections;
Also on page 11, in line 27, by striking the first ``and'' and inserting a comma; also in line
27, after ``79-32,160a'', by inserting ``, 79-32,195 and 79-32,196''; in line 28, after ``Supp.'',
by inserting ``40-2813,'';
In the title, in line 11, by striking the first ``and'' and inserting a comma; also in line 11,
after ``79-32,160a'', by inserting ``, 79-32,195 and 79-32,196''; also in line 11, after ``Supp.''
by inserting ``40-2813,''; and the bill be passed as amended.
Also SB 59, 347 be not passed.
Committee on Education recommends SB 446 be passed.
Also SB 443 be not passed.
Committee on Elections and Local Government recommends HB 2545, 2548,
2554, 2556, 2557, 2565, 2566, 2567, 2595 be passed and, because the committee is of
the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar.
Committee on Federal and State Affairs recommends SB 409 be passed.
Also SB 306, 367, 374 be not passed.
Committee on Financial Institutions and Insurance recommends SB 423 be passed.
Committee on Public Health and Welfare recommends SB 425 be amended on page
4, in line 10, after ``beds'', by inserting ``does not exceed 25 beds;''; and the bill be passed
as amended.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, January 23,
1998.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.