Topeka, KS, Wednesday, February 17, 1999, 11:00 a.m.
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 125 members present.
Prayer by Chaplain Svoboda:
Heavenly Father,
We pause in the middle of our day,
in the middle of our week,
to spend a moment with You.
Today, on Ash Wednesday,
we are reminded that we are but dust,
and to dust we shall return.
Here in the middle-time
when we have life and flesh,
keep us ever mindful
of the good that we can do for our community,
and help us to live our lives to the fullest.
In Jesus' name we pray.
Amen.
The Pledge of Allegiance was led by Rep. McKinney.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2507, 2508.
Federal and State Affairs: HB 2509, 2510, 2511, 2512.
Judiciary: HB 2506.
Utilities: HCR 5028.
COMMUNICATIONS FROM STATE OFFICERS
From the Directors, Officers and Members of the Kansas EMS Regional Councils, report
pursuant to legislative funding for FY 98-99 of the Kansas EMS Regional Councils.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
Objection was made to HB 2050 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Speaker pro tem Mays announced that order of business Final Action on Bills and
Concurrent Resolutions would be passed over until after Committee of the Whole.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Horst in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Horst, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2105, 2154 be passed.
On motion of Rep. Ruff,HB 2049 be amended on page 1, in line 34, before the period,
by inserting ``, whichever is less''; and HB 2049 be passed as amended.
On motion of Rep. Kirk, HB 2034 be amended on page 1, in line 30, by striking
``performing essential serv-''; in line 31, by striking ``ices''; also in line 31, by striking all
following the period; by striking all in lines 32 through 43;
On page 2, by striking all in lines 1 through 8; and HB 2034 be passed as amended.
Committee report to HB 2046 be adopted; and the bill be passed as amended.
On motion of Rep. Edmonds, HB 2060 be amended on page 1, after line 12, by inserting
the following:
``Section 1. K.S.A. 71-205 is hereby amended to read as follows: 71-205. For the
purpose of offering and providing off-campus instruction and courses of study at the Fort
Leavenworth military reservation, Fort Riley military reservation and McConnell air force base, any community college board of trustees is hereby authorized to enter into agreements
with the United States of America or any department or agency thereof. Credit for such
study shall be given and accredited in the same manner and to the same extent as other
community college credit is given and accredited.
Sec. 2. K.S.A. 71-206 is hereby amended to read as follows: 71-206. Any community
college board shall receive, deposit and disburse all funds due or to become due for off-
campus instruction at Fort Leavenworth military reservation, Fort Riley military reservation and McConnell air force base in the same manner as other funds belonging to the board, and. All funds so received as provided in this section, or which have been so received, shall
be available and expended for such off-campus instruction and other lawful purposes of the
board without regard to any restrictions or limitations contained in the budget law.'';
Also on page 1, in line 13, by striking ``Section 1'' and inserting ``Sec. 3'';
And by renumbering sections accordingly;
Also on page 1, in line 28, after ``K.S.A.'' by inserting ``71-205, 71-206 and''; also in line
28, by striking ``is'' and inserting ``are'';
Also on page 1, in the title, in line 10, after the semicolon, by inserting ``off-campus
instruction;''; also in line 10, after ``K.S.A.'' by inserting ``71-205, 71-206 and''; also in line
10, by striking ``section'' and inserting ``sections''; and HB 2060 be passed as amended.
Committee report to HB 2145 be adopted; and the bill be passed as amended.
Committee report to HB 2155 be adopted; and the bill be passed as amended.
Committee report to HB 2168 be adopted; and the bill be passed as amended.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2033, An act concerning mental health service providers; relating to temporary
licensure thereof; amending K.S.A. 74-5316 and K.S.A. 1998 Supp. 65-5804, 65-5811, 65-
5812, 65-6405, 74-5344 and 74-5367 and repealing the existing sections, was considered on
final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
HB 2073, An act concerning cities and counties; relating to storm drainage
improvements; amending K.S.A. 12-631r and 12-631s and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 111; Nays 14; Present but not voting: 0; Absent or not
voting: 0.
HB 2117, An act concerning the optometry law; amending K.S.A. 65-1509, 65-1509a,
65-1516 and 65-1524 and K.S.A. 1998 Supp. 65-1501, 65-1501a, 65-1505, 65-1522 and 74-
1505 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
HB 2156, An act concerning corporations; relating to voting rights of stockholders;
amending K.S.A. 17-6502 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.
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, was considered
on final action.
On roll call, the vote was: Yeas 116; Nays 9; Present but not voting: 0; Absent or not
voting: 0.
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, was considered on final action.
On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
REPORTS OF STANDING COMMITTEES
The Committee on Business, Commerce and Labor recommends HB 2209 be passed
and, because the committee is of the opinion htat the bill is of a noncontroversial nature,
be placed on the consent calendar.
The Committee on Education recommends HB 2191 be amended on page 1, in line
27, by striking all after the period; by striking all of line 28; by striking all of lines 38 through
42; following line 42, by inserting two new paragraphs as follows:
``(c) Every board of education may require persons, other than employees of the school
district, to submit to the same certification of health requirements as are imposed upon
employees of the school district under the provisions of subsection (a) if such persons
perform or provide services to or for a school district which require such persons to come
in regular contact with the pupils of the school district. No such person shall be required
to submit a certification of health if the person presents a signed statement that the person
is an adherent of a religious denomination whose religious teachings are opposed to physical
examinations. Such persons shall be permitted to submit, as an alternative to a certification
of health, certification signed by a person licensed to practice medicine and surgery under
the laws of any state that freedom from tuberculosis has been established.
(d) The expense of obtaining certifications of health and certifications of freedom from
tuberculosis may be borne by the board of education.''; and the bill be passed as amended.
The Committee on Health and Human Services recommends HCR 5015 be adopted.
The Committee on Health and Human Services recommends HCR 5013 be adopted
and, because the committee is of the opinion that the concurrent resolution is of a
noncontroversial nature, be placed on the consent calendar.
The Committee on Health and Human Services recommends HCR 5014 be amended
on page 1, in line 14, after ``groups'' by inserting ``, race, origin''; and the concurrent
resolution be adopted as amended.
The Committee on Insurance recommends HB 2109 be passed.
The Committee on Insurance recommends HB 2096 be amended on page 2, in line
42, by striking ``escrow''; in line 43, by striking all after ``the'';
On page 3, in line 1, by striking all before ``agent''; in line 2, by striking the first ``escrow'';
in line 5, by striking ``closing'' and inserting ``closings, including closings involving refinances
of existing mortgage loans, which exceed $2,500''; in line 9, by striking ``and''; in line 12, by
striking the period and inserting a semicolon; after line 12, by inserting additional paragraphs
as follows:
``(4) funds received from governmental entities or drawn on an escrow account of a real
estate broker licensed in the state or drawn on an escrow account of a title insurer or title
insurance agent licensed to do business in the state; or
(5) other negotiable instruments which have been on deposit in the escrow account at
least 10 days.'';
On page 4, after line 14, by inserting an additional section as follows:
``Sec. 5. (a) The title insurance agent who handles escrow, settlement or closing
accounts shall file with the commissioner a surety bond or irrevocable letter of credit in a
form acceptable to the commissioner, issued by an insurance company or financial institution
authorized to conduct business in this state, securing the applicant's or the title insurance
agent's faithful performance of all duties and obligations set out in this act.
(b) The terms of the bond or irrevocable letter of credit shall be:
(1) The surety bond shall provide that such bond may not be terminated without 30
days prior written notice to the commissioner.
(2) An irrevocable letter of credit shall be issued by a bank which is insured by the
federal deposit insurance corporation or its successor if such letter of credit is initially issued
for a term of at least one year and by its terms is automatically renewed at each expiration
date for at least an additional one-year term unless at least 30 days prior written notice of
intention not to renew is given to the commissioner of insurance.
(c) The amount of the surety bond or irrevocable letter of credit for those agents
servicing real estate transactions on property located in counties having a certain population
shall be required as follows:
(1) $100,000 surety bond or irrevocable letter of credit in counties having a population
of 40,001 and over;
(2) $50,000 surety bond or irrevocable letter of credit in counties having a population
of 20,001 to 40,000; and
(3) $25,000 surety bond or irrevocable letter of credit in counties having a population
of 20,000 or under.
(d) The surety bond or irrevocable letter of credit shall be for the benefit of any person
suffering a loss if the title insurance agent converts or misappropriates money received or
held in escrow, deposit or trust accounts while acting as a title insurance agent providing
any escrow or settlement services.'';
And by renumbering the existing sections accordingly; and the bill be passed as amended.
The Committee on Insurance recommends HB 2280 be amended on page 2, in line
26, by striking ``is'' and inserting ``and 40-2,162a are'';
In the title, in line 11, preceding the period, by inserting ``; also repealing K.S.A. 1998
Supp. 40-2,162a''; and the bill be passed as amended.
The Committee on Local Government recommends HB 2457 be amended on page 1,
in line 41, by striking ``Subject to the provisions of subsection (c), it'' and inserting ``It''; and
the bill be passed as amended.
The Committee on Utilities recommends HB 2272 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 2513, An act making and concerning appropriations for the fiscal years ending June
30, 1999, and June 30, 2000, and authorizing certain financing, for certain capital
improvement projects for the state fair board, department of social and rehabilitation
services, Kansas state school for the blind, Kansas state school for the deaf, department of
corrections, state historical society, insurance department, department of administration,
department of commerce and housing, Fort Hays state university, Kansas state university,
Kansas state university - extension systems and agriculture research programs, Kansas state
university veterinary medical center, Emporia state university, Pittsburg state university,
university of Kansas, university of Kansas medical center, Wichita state university,
department of human resources, Kansas commission on veterans affairs, attorney general -
Kansas bureau of investigation, Kansas highway patrol, adjutant general, department of
wildlife and parks and juvenile justice authority; authorizing the initiation and completion
of certain capital improvement projects; and directing or authorizing certain disbursements
and acts incidental to the foregoing, by Committee on Appropriations
HB 2514, An act concerning state officers and employees; relating to accumulated sick
leave upon certain separations from state service; compensation; credited service under
certain retirement systems; amending K.S.A. 75-5517 and K.S.A. 1998 Supp. 74-4913 and
74-4956 and repealing the existing sections, by Committee on Appropriations.
HB 2515, An act concerning state officers and employees; relating to the state employee
shared leave program; creating the state employee shared leave pool; prescribing certain
guidelines and procedures; amending K.S.A. 75-5549 and repealing the existing section, by
Committee on Appropriations.
HB 2516, An act concerning the department of administration; relating to administration
of the deferred compensation plan for public officers and employees; agreements for plan
benefits; oversight committee composition; amending K.S.A. 75-5523 and K.S.A. 1998 Supp.
75-5529c and repealing the existing sections, by Committee on Appropriations.
HB 2517, An act concerning the insurance department; insurance department service
regulation fund; concerning employees of the department of insurance; salaries; amending
K.S.A. 1998 Supp. 40-110 and 40-112 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 40-112a, by Committee on Taxation.
HB 2518, An act concerning appropriation of water for beneficial use; relating to issuing
certificates of appropriation; amending K.S.A. 82a-714 and repealing the existing section,
by Committee on Appropriations.
HB 2519, An act making and concerning appropriations for the fiscal years ending June
30, 2000, and June 30, 2001; authorizing certain transfers, capital improvement projects and
fees, imposing certain restrictions and limitations and directing or authorizing certain
receipts, disbursements and acts incidental to the foregoing; amending K.S.A. 1998 Supp.
79-2964 and 79-3425i and repealing the existing sections, by Committee on Appropriations.
HB 2520, An act concerning the workers compensation act; relating to
occupationaldiseases; amending K.S.A. 44-5a01 and repealing the existing section, by
Committee on Federal and State Affairs.
HOUSE CONCURRENT RESOLUTION No. 5029--
By Representative Adkins
A PROPOSITION to amend section 3 of article 6 of the constitution of the state of Kansas.
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
3 of article 6 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 3. Members of state board of education and state board of regents. (a) From and after January 10, 2001, there shall be ten members of thean eleven- member state board of education with overlapping terms as the legislature may prescribe. One member, who shall be a qualified voter of this state, shall be appointed by and serve at the pleasure of the governor. Such member shall be eligible to be elected chairperson of the board. Ten members shall be elected to overlapping terms as the legislature may prescribe. The legislature shall make provision for ten member ten-member districts, each comprised of four contiguous senatorial districts. Elections for members of the state board of education shall be nonpartisan. The candidates for membership in each member district who receive the highest and second highest members of votes in the primary election shall be listed as candidates in the general election on and after the year 2000. The electors of each member districtmember- district shall elect one person residing in the district as a member of the board. The
legislature shall prescribe the manner in which vacancies occurring on the board
shall be filled.
(b) The state board of regents shall have nine members with overlapping terms
as the legislature may prescribe. Members shall be appointed by the governor,
subject to confirmation by the senate. One member shall be appointed from each
congressional district with the remaining members appointed at large, however, no
two members shall reside in the same county at the time of their appointment.
Vacancies occurring on the board shall be filled by appointment by the governor as
provided by law.
(c) Subsequent redistricting shall not disqualify any member of either board
from service for the remainder of hissuch member's term. Any member of either
board may be removed from office for cause as may be provided by law.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The constitution of this state provides that a ten-member
state board of education be elected from member districts which are each
composed of four state senatorial districts.
``A vote for this proposition would: Increase the number of members on the board
from 10 to 11 with the provision that one member be appointed by and serve at
the pleasure of the governor. The other 10 members would continue to be elected
from 10 member districts, but candidates for office would be nonpartisan and
the candidates receiving the highest and second highest number of votes in the
primary election would be the two candidates for election in the general election
of 2000 and succeeding years.
``A vote against this proposition would retain the composition of the board with 10
members and continue the requirement that each state board of education
member district be composed of four state senatorial districts.''
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 in the year 2000 unless a special election is called at a sooner date
by concurrent resolution of the legislature, in which case it shall be submitted to the electors
of the state at the special election.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2233 from Committee on
Transportation and referral to Committee on Appropriations.
REPORT ON ENGROSSED BILLS HB 2033, 2073, 2117, 2156 reported correctly engrossed February 16, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, February
18, 1999.