February 2, 1999

Journal of the House

SIXTEENTH DAY ______

Hall of the House of Represenatitives

Topeka, KS, Tuesday, February 2, 1999, 11:00 a.m.

The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

The roll was called with 123 members present.

Reps. Carmody and Hermes were excused on excused absence by the Speaker.

Prayer by guest chaplain, the Rev. Ed R. Stucky, pastor, Eden Mennonite Church,
Moundridge, and guest of Rep. Krehbiel:

Eternal and Great God, we are gathered here as your servants seeking wisdom and
discernment as we serve those whom we represent. We thank you for this our state of
Kansas and pray that we may be instruments in your hands to cause good and great
things to become reality among us.

Lord endow us with energy as public servants. Grant us sensitivity as we discern and
seek to provide the needs of those we represent. God help us to be good and faithful
public servants and may our service in this chamber accomplish that which is right and
best for our State.

We pray in your Holy Name.

Amen.

The Pledge of Allegiance was led by Rep. Hayzlett.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolutions were introduced and read by title:

HB 2211, An act concerning teachers; relating to hearings provided upon notice of
nonrenewal or termination of contracts of employment; amending K.S.A. 72-5438, 72-5439,
72-5440, 72-5441, 72-5442, 72-5443 and 72-5446 and repealing the existing sections, by
Committee on Education.

HB 2212, An act abolishing the emergency medical services board and the position of
administrator of the board; transferring the powers, duties and functions thereof to the
secretary of health and environment; amending K.S.A. 65-6113, 65-6126, 65-6128, 65-6130,
65-6132, 65-6134, 65-6136, 65-6138, 65-6139, 65-6140 and 65-6151 and K.S.A. 1998 Supp.
8-1404, 8-2010, 65-4915, 65-4941, 65-4946, 65-6110, 65-6111, 65-6112, 65-6127, 65-6129,
65-6129a, 65-6129b, 65-6129c, 65-6133, 65-6135 and 65-6144 and repealing the existing
sections; also repealing K.S.A. 65-6101, 65-6103, 65-6104, 65-6105, 65-6106, 65-6107, 65-
6108, 65-6109 and 65-6122 and K.S.A. 1998 Supp. 65-6102, by Representative Tanner.

HB 2213, An act concerning the behavioral sciences regulatory board; concerning
professions regulated by the board; amending K.S.A. 65-5805, 65-6302, 65-6308, 65-6313,
65-6315, 74-5302 and 74-5318 and K.S.A. 1998 Supp. 65-5802, 65-5803, 65-5804, 65-
5806,65-5808, 65-5809, 65-5810, 65-5812, 65-6306, 65-6319, 65-6402, 65-6403, 65-6404,
65-6407, 65-6411, 74-5361, 74-5362, 74-5363, 74-5365, 74-5369, 74-5371 and 74-5372 and
repealing the existing sections, by Committee on Health and Human Services.

HOUSE CONCURRENT RESOLUTION No. 5017--

By Committee on Agriculture

A CONCURRENT RESOLUTION urging Congress to direct the Environmental
Protection Agency to cease implementation of new restrictions for aluminum and
magnesium phosphide based grain fumigants and to ensure that risk mitigation
allowances for such grain fumigants are based on sound science and reliable information.

WHEREAS, The agricultural heritage and economy of the State of Kansas is dependent
upon the harvest, storage and transportation of grain; and

WHEREAS, There are 785 grain elevators in Kansas and 65,000 farms in Kansas, many
of which are family-owned operations; and

WHEREAS, Kansas grain elevators are valued neighbors to and located in close
proximity to homes, schools, farms and businesses in most of all Kansas' communities; and

WHEREAS, Kansas grain elevators, feed mills, processors and growers are committed
to protecting the health and safety of applicators and workers and the wellbeing of the
public; and

WHEREAS, Grain elevators are located in Kansas communities near railroads and
highways to facilitate the transportation of grain; and

WHEREAS, Kansas is a leader in the Nation and in the World in grain production; and

WHEREAS, Kansas grain elevators, feed mills, processors and growers are committed
to producing an adequate safe and high quality food supply for domestic and world
consumers; and

WHEREAS, Treaties and established trade relations may require pest-controlled grain
before grain can be exported; and

WHEREAS, Insect pests in grain without fumigation treatment could create health risks
and reduce the quality of the grain marketed from Kansas; and

WHEREAS, Aluminum and magnesium phosphide gas are cost-effective fumigants used
both by commercial elevators and farmers in the storage of grain in Kansas; and

WHEREAS, The Environmental Protection Agency (EPA) acknowledges few, if any,
viable alternatives to the use of aluminum and magnesium phosphide exist for fumigation
to control pests in stored grain; and

WHEREAS, The current label restrictions for aluminum and magnesium phosphide gas
provide for the safe and effective use of the product; and

WHEREAS, The State of Kansas practices rigorous enforcement of the label restrictions
on fumigants, ensures adequate training of certified applicators and conducts a fumigation
and grain storage project to inspect the use of fumigants; and

WHEREAS, Restrictions in the use of fumigants in grain storage and transportation
should be based only on sound scientific reasoning, available technology and accurate
analysis of risk level and avoid raising undue public alarm over unsubstantiated or
inconsequential risk: Now, therefore,

Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Congress of the United States direct the EPA to curtail implementation
of new restrictions from its reregistration eligibility decision (RED) on phosphide gas that
would require a 500-foot buffer zone and other restrictions that effectively preclude the use
of aluminum or magnesium phosphide in most Kansas grain storage facilities and grain
transportation; and

Be it further resolved: That Congress direct the EPA to ensure that risk mitigation
allowances for aluminum and magnesium phosphides are clearly demonstrated as necessary
to protect human health, are based upon sound science and reliable information, are
economically and operationally reasonable and will permit the continued use of these
products in accordance with the label; and

Be it further resolved: That the Secretary of State be directed to send enrolled copies
of this resolution to the President of the United States Senate, the Speaker of the United
State House of Representatives and to each member of the Kansas Congressional
Delegation.

HOUSE CONCURRENT RESOLUTION No. 5018--

By Committee on Education

A CONCURRENT RESOLUTION urging all public and private elementary and
secondary schools to create and update school crisis plans and to facilitate
implementation of such plans by training personnel and conducting regular drills.

WHEREAS, The safety of the children of this State, particularly at school, is of
paramount concern to this State; and

WHEREAS, During the 1997-98 school year, other States, including Mississippi,
Kentucky, Oregon, Arkansas and Pennsylvania, experienced tragic occurrences involving
weapons brought on to school property and used against students and faculty; and

WHEREAS, Violence and violent behavior crosses all social and economic boundaries,
and occurs in both urban and rural settings, making every school susceptible; and

WHEREAS, It has become clear that well-developed crisis plans are an important tool
in reducing the risk of injury and loss of life, thus aiding in the protection of children and
school personnel from such occurrences while on school property: 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 every public and private
elementary and secondary school to create a school crisis plan tailored to that school,
addressing the procedure to be followed in the event of a crisis involving weapons brought
onto school property by intruders, students, faculty or staff of the school, or any threat of
such occurrence, and that such crisis plan be updated regularly, staff and faculty be trained
on implementation of the plan and regular drills be conducted to practice the plan.

Be it further resolved: That the Secretary of State be directed to deliver enrolled copies
of this resolution to the Commissioner of Education and the chairperson of the State Board
of Education.

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

Business, Commerce and Labor: HB 2197, 2200, 2209.

Education: HB 2195, 2196, 2201, 2202; HCR 5016.

Governmental Organization and Elections: HB 2204, 2205.

Insurance: HB 2198.

Judiciary: HB 2206, 2207, 2208, 2210.

Local Government: HB 2203.

Taxation: HB 2199.

COMMUNICATIONS FROM STATE OFFICERS
From the Kansas Legislative Research Department, Budget Analysis for Fiscal Year 2000.

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

CONSENT CALENDAR
No objection was made to HB 2088 appearing on the Consent Calendar for the first day.

No objection was made to HB 2001 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2001, An act relating to property taxation; exempting certain student unions and
dormitories therefrom; amending K.S.A. 1998 Supp. 79-201a and repealing the existing
section, was considered on final action.

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

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Carmody, Hermes.

The bill passed.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Phil Kline in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Phil Kline, Committee of the Whole report, as follows, was adopted:

Recommended that HB 2053 be passed.

On motion of Rep. Spangler, HB 2016 be referred to Committee on Appropriations.

Committee report to HB 2065 be adopted; and the bill be passed as amended.

Committee report to HB 2056 be adopted; and the bill be passed as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Taxation recommends SB 2, as amended by Senate Committee of
hte Whole, be passed.

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 and concurrent resolution were thereupon introduced and read by
title:

HB 2214, An act concerning the Kansas board of examiners in fitting and dispensing of
hearing aids; amending K.S.A. 74-5810a and repealing the existing section, by Committee
on Health and Human Services.

HB 2215, An act concerning respiratory therapy; relating to licensure; amending K.S.A.
39-952, 40-12a01, 65-4116, 65-4921, 65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-
5507, 65-5510, 65-5511, 65-5512 and 65-5514 and K.S.A. 1998 Supp. 40-3103, 65-4915, 65-
5508, 65-5509, 74-4916 and 74-4960a and repealing the existing sections, by Committee on
Health and Human Services.

HB 2216, An act concerning rural water districts; relating to the release of land from
districts, by Representative Sloan.

HB 2217, An act concerning state educational institutions; relating to tuition and fee
waivers for certain national fellowship recipients; amending K.S.A. 76-719c and repealing
the existing section, by Representative Sloan.

HB 2218, An act relating to income taxation; authorizing credits for property tax paid by
certain telecommunications companies, by Committee on Taxation.

HB 2219, An act concerning the Kansas acts against discrimination; prohibiting certain
employment practices; amending K.S.A. 44-1009 and repealing the existing section, by
Representatives Welshimer, Barnes, Flora, Garner, Gilbert, Kuether, Nichols, Pauls, Phelps,
Ruff and Toelkes.

HB 2220, An act concerning the employment security law; relating to benefits for school
bus drivers; amending K.S.A. 1998 Supp. 44-703 and repealing the existing section, by
Committee on Transportation.

HB 2221, An act concerning the code of civil procedure for limited actions; adopting by
reference certain provisions relating to liability for worthless checks and actions to collect
thereof; amending K.S.A. 1998 Supp. 61-1725 and repealing the existing section, by
Committee on Judiciary.

HB 2222, An act concerning the code of civil procedure for limited actions; relating to
actions in forcible detainer of rental premises; amending K.S.A. 61-2305 and repealing the
existing section, by Committee on Judiciary.

HB 2223, An act concerning the rights of residents of retirement communities to be
represented on boards and committees of such communities, by Committee on Judiciary.

HB 2224, An act concerning persons required to report abuse, neglect or exploitation of
children and certain adults; providing certain exemptions; amending K.S.A. 1998 Supp. 38-
1522, 39-1402 and 39-1431 and repealing the existing sections, by Committee on Judiciary.

HB 2225, An act designating a portion of interstate highway 135 as the Military Order
of the Purple Heart highway, by Representative Powell.

HB 2226, An act relating to alternative-fueled motor vehicles; concerning certain
incentives; amending K.S.A. 75-37,116, 75-37,117, 75-37,119 and 79-32,201 and repealing
theexisting sections, by Representative J. Peterson.

HB 2227, An act concerning governing boards for community mental health or mental
retardation; amending K.S.A. 19-4002 and 19-4002a and repealing the existing sections; also
repealing K.S.A. 19-4002b, by Committee on Governmental Organization and Elections.

HB 2228, An act concerning elections; relating to ballots; amending K.S.A. 25-4607 and
repealing the existing section; also repealing K.S.A. 25-2015, by Committee on
Governmental Organization and Elections.

HB 2229, An act concerning campaign finance; relating to certain reports; amending
K.S.A. 1998 Supp. 25-4148 and repealing the existing section, by Committee on
Governmental Organization and Elections.

HB 2230, An act authorizing the secretary of the department of social and rehabilitation
services to convey certain land, by Representative Vickrey.

HOUSE CONCURRENT RESOLUTION No. 5019--

By Committee on Taxation A PROPOSITION to amend section 1 of article 11 of the constitution of the state of Kansas, relating to the classification and taxation of aircraft and watercraft.

Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the House of Representatives and two-thirds of the
members elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Section
1 of article 11 of the constitution of the state of Kansas is hereby amended to read as follows:

``§ 1. System of taxation; classification; exemption. (a) The provisions of this
subsection shall govern the assessment and taxation of property on and after January 1,
1993, and each year thereafter. Except as otherwise hereinafter specifically provided,
the legislature shall provide for a uniform and equal basis of valuation and rate of taxation
of all property subject to taxation. The legislature may provide for the classification and
the taxation uniformly as to class of recreational vehicles, aircraft and watercraft, as
defined by the legislature, or may exempt such class from property taxation and impose
taxes upon another basis in lieu thereof. The provisions of this subsection shall not be
applicable to the taxation of motor vehicles, except as otherwise hereinafter specifically
provided, mineral products, money, mortgages, notes and other evidence of debt and
grain. Property shall be classified into the following classes for the purpose of assessment
and assessed at the percentage of value prescribed therefor:

Class 1 shall consist of real property. Real property shall be further classified into seven
subclasses. Such property shall be defined by law for the purpose of subclassification
and assessed uniformly as to subclass at the following percentages of value:


(1)	Real property used for residential purposes including multi-family residential real property and real property necessaryto accommodate a residential community of mobile ormanufactured homes including the real property upon whichsuch homes are located	111/2%

(2)	Land devoted to agricultural use which shall be valued uponthe basis of its agricultural income or agriculturalproductivity pursuant to section 12 of article 11 of theconstitution	30%

(3)	Vacant lots	12%

(4)	Real property which is owned and operated by a not-for-profit organization not subject to federal income taxationpursuant to section 501 of the federal internal revenue code,and which is included in this subclass by law	12%

(5)	Public utility real property, except railroad real propertywhich shall be assessed at the average rate that all othercommercial and industrial property is assessed	33%

(6)	Real property used for commercial and industrial purposesand buildings and other improvements located upon landdevoted to agricultural use	25%

(7)	All other urban and rural real property not otherwisespecifically subclassified	30%

Class 2 shall consist of tangible personal property. Such tangible personal property shall
be further classified into six subclasses, shall be defined by law for the purpose of
subclassification and assessed uniformly as to subclass at the following percentages of value:


(1)	Mobile homes used for residential purposes	111/2%

(2)	Mineral leasehold interests except oil leasehold interests theaverage daily production from which is five barrels or less,and natural gas leasehold interests the average dailyproduction from which is 100 mcf or less, which shall beassessed at 25%	30%

(3)	Public utility tangible personal property includinginventories thereof, except railroad personal propertyincluding inventories thereof, which shall be assessed at theaverage rate all other commercial and industrial property isassessed	33%

(4)	All categories of motor vehicles not defined and specificallyvalued and taxed pursuant to law enacted prior to January 1,1985	30%

(5)	Commercial and industrial machinery and equipment which,if its economic life is seven years or more, shall be valued atits retail cost when new less seven-year straight-linedepreciation, or which, if its economic life is less than sevenyears, shall be valued at its retail cost when new less straight-line depreciation over its economic life, except that, the valueso obtained for such property, notwithstanding its economiclife and as long as such property is being used, shall not beless than 20% of the retail cost when new of suchproperty	25%

(6)	All other tangible personal property not otherwisespecifically classified	30%

(b) All property used exclusively for state, county, municipal, literary, educational,
scientific, religious, benevolent and charitable purposes, farm machinery and equipment,
merchants' and manufacturers' inventories, other than public utility inventories included in
subclass (3) of class 2, livestock, and all household goods and personal effects not used for
the production of income, shall be exempted from property taxation.''

Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:

``Explanatory statement. This amendment would allow the legislature to classify and
tax aircraft and watercraft upon a basis different from other property.

``A vote for this proposition would permit the legislature to provide for separate
classification and taxation of aircraft and watercraft and to exempt such property from
property taxation and impose taxes in lieu thereof.

``A vote against this proposition would continue the taxation of aircraft and watercraft
in the same manner as all other property.''

Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate, shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election to be held on November 7, 2000.

On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Wednesday,
February 3, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.