The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with123 members present.
Reps. Ballard and Franklin were excused on excused absence by the Speaker.
Present later: Rep. Franklin
Prayer by Chaplain Svoboda:
Merciful God,
Your love warms our hearts
the same way the sun warms our skin.
Your will for us blows through our souls
the same way the wind blows through this city.
And your graceful arms call us to return to you
the same way this beautiful day calls us outside these walls.
Help us to see, hear and feel the world around us
as reminders that you are always with us.
We thank you for the many blessings in our lives,
ask forgiveness for all the hurt we have done,
and pray that we notice your presence
in the work that is set before us today.
In your name we pray. Amen.
The Pledge of Allegiance was led by Rep. Larkin.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill and concurrent resolution were introduced and read by title:
HB 2559, An act concerning the state treasurer; relating to municipal bond program fees;
amending K.S.A. 10-506, 10-603 and 10-627 and repealing the existing sections, by
Committee on Appropriations.
HOUSE CONCURRENT RESOLUTION No. 5037--
By Committee on Appropriations
A PROPOSITION to amend section 2 of article 13 of the constitution
of the state of Kansas, relating to banks.
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
2 of article 13 of the constitution of the state of Kansas is hereby amended to read as follows:
``§ 2. State not to be stockholder. The state shall not be a stockholder in any banking
institution, except that any retirement or pension plan authorized pursuant to the laws of this state may be a stockholder in any banking institution.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
a whole:
``Explanatory statement. The purpose of this amendment is to allow any retirement
or pension plan authorized pursuant to the laws of this state to be a stockholder in
any banking institution.
``A vote for this amendment would allow any retirement or pension plan authorized
pursuant to the laws of this state to be a stockholder in any banking institution.
``A vote against this amendment favors retaining the current prohibition against
the state and any retirement or pension plan authorized pursuant to the laws of this
state from being a stockholder in any banking institution.''
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.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: SB 157.
Taxation: SB 226.
CONSENT CALENDAR
Objection was made to SB 267; SCR 1609 appearing on the Consent Calendar; the bill
and resolution were placed on the calendar under the heading of General Orders.
No objection was made to SB 22, 71, 74, 75 appearing on the Consent Calendar for the
first day.
No objection was made to SB 128 appearing on the Consent Calendar for the second
day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS Sub. HB 2540, An act concerning firearms and ammunition; relating to the design,
marketing, manufacture, distribution, dealing and sale thereof; relating to the limitation on
certain civil actions relating thereto, was considered on final action.
On roll call, the vote was: Yeas 80; Nays 42; Present but not voting: 1; Absent or not
voting: 2.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote NO on Sub. HB 2540. While I believe the recent trend of large
metropolitan cities suing gun manufacturers is silly, I equally believe this bill is bad
precedent. We should not start down the road of granting blanket immunity from lawsuits
to a select industry. Courts can and do dismiss groundless lawsuits all the time.
Section 5 of the Kansas Bill of Rights states: ``The right of trial by jury shall be inviolate.'' Sub. HB 2540 violates this cherished right. I must vote NO.--Jim Garner
Mr. Speaker: I will vote No on Sub. HB 2540. I believe the right to sue and be sued
is a fundamental right of cities and should remain so. I am concerned that legislation like
this is an invitation to any and all special interest groups to demand similar exemption. I
will always be worried when the state diminishes the rights of our local officials.--Lynn
Jenkins
HB 2543, An act enacting the Kansas commerce and industry tax reform and reduction
act of 1999; amending K.S.A. 1998 Supp. 79-201w, 79-32,206, 79-3602, 79-3606 and 79-
4217 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 1; Absent or not
voting: 2.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Tomlinson in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Tomlinson, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2037 be adopted; and the bill be passed as
amended.
Committee report to HB 2440 be adopted; also, on motion of Rep. O'Neal be amended
on page 1, in line 38, by striking ``felt'' and inserting ``had conscious pain and suffering as a
result of''; in line 41, by striking ``this'' and inserting ``a''; in line 42, preceding the comma,
by inserting ``that the crime was committed in an especially heinous, atrocious or cruel
manner'';
Also, on motion of Rep. Powell to amend HB 2440, the motion was withdrawn. Also, on
further motion of Rep. Powell to amend, the motion did not prevail, and the bill be passed
as amended.
On motion of Rep. Hermes to amend SB 145, the motion did not prevail, and the bill
be passed.
Committee report to SB 241 be adopted; and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Transportation recommends Substitute for SCR 1608 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.
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 bill and concurrent resolutions were thereupon introduced and read by
title:
HB 2560, An act concerning the behavioral sciences regulatory board; relating to
psychologists and masters level psychologists; amending K.S.A. 1998 Supp. 74-5311 and 74-
5363 and repealing the existing sections, by Committee on Appropriations.
HOUSE CONCURRENT RESOLUTION No. 5038--
By Committee on Agriculture
A CONCURRENT RESOLUTION urging the United States Congress to further
investigate mergers in agribusiness.
WHEREAS, The United States is in the midst of a merger wave as most major sectors
of our economy are moving toward fewer and larger operations; and
WHEREAS, Although this movement may increase efficiency of such companies, it is
critical that these changes do not come at the expense of family farmers and ranchers; and
WHEREAS, Farmers are already suffering from the lowest prices in 52 years and ill-
advised and illegal mergers will drive down prices even more; and
WHEREAS, Certain structural changes in the farm economy such as the Monsanto-
DeKalb and Cargill-Continental mergers may adversely affect the ability of family farm
agriculture to cope in a changing world economy; and
WHEREAS, With such declining prices, further concentration in agribusiness will
significantly diminish competition from companies that buy, store and trade the farmer's
commodities and fewer markets in rural areas will aggravate an already serious agricultural
situation; and
WHEREAS, Merger of agribusiness concerns could stifle or drive out competition in
local markets and control key distribution points for commodities produced by Kansas
farmers; and
WHEREAS, Horizontal mergers increase market concentration, increase the likelihood
of collusion and result in unilateral anticompetitive effects; and
WHEREAS, These mergers involving feed suppliers and agricultural merchandisers
limit availability of competition for inputs such as feed, seed, fertilizer and local marketing
opportunities while Kansas family livestock and grain producers are faced with increasing
limited sources of suppliers; and
WHEREAS, These mergers of agribusinesses pose a threat to the availability of
marketing options for Kansas farmers and to the viability and continued existence of many
family farms in Kansas: 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 urges Congress to further
investigate mergers in agribusiness; 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, the President of the United States
Senate, the Speaker of the United States House of Representatives, the Secretary of the
United States Department of Agriculture, the United States Attorney General and each
member of the Kansas Congressional Delegation.
HOUSE CONCURRENT RESOLUTION No. 5039--
By Committee on Agriculture
A CONCURRENT RESOLUTION urging the United States Congress to provide
increased funding for the Guaranteed Farm Ownership loan program and the Interest
Assistance program.
WHEREAS, This is a crucial time in our history for persons in the agricultural
community; and
WHEREAS, Many states have used all of the United States Department of Agriculture
(USDA) guaranteed farm ownership funding money; and
WHEREAS, The State of Kansas has only enough funding money left for guaranteed
operating loans for about 170 farms and it is expected that these funds will run out in March,
1999; and
WHEREAS, All of USDA's loan programs are experiencing substantial increases in
demand and the Guaranteed Farm Ownership loan program has experienced a 92% increase
in demand in one year; and
WHEREAS, Over 5,000 banks participate in USDA guaranteed loan programs, write
over 80% of all the guaranteed loans and provide assistance to over 48,000 farmers and
ranchers; and
WHEREAS, The Guaranteed Farm Ownership loan program allows banks to work with
farmers to restructure their debt over a longer period of time, reduce their interest rates,
provide for deferral of their payments, and provide loan write-downs; and
WHEREAS, This program and others like it provide credit and other financial relief to
farmers during this difficult and volatile period in the history of the United States agricultural
community; and
WHEREAS, There is an urgent need for additional guaranteed loan authority that would
allow bankers to help farmers meet their immediate financial needs: 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 urges Congress to provide
increased funding for the Guaranteed Farm Ownership loan program and the Interest
Assistance program; and
Be it further resolved: That the Secretary of the State is hereby directed to send enrolled
copies of this resolution to the President of the United States, the President of the United
States Senate, the Speaker of the United States House of Representative, the Secretary of
Agriculture of the United States Department of Agriculture and each member of the Kansas
Congressional delegation.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, March 16,
1999.