The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 124 members present.
Rep. Dean was excused on excused absence by the Speaker.
Prayer by guest chaplain, the Rev. Fred Littlefield, pastor, Glen Elder Friends Church,
Glen Elder, and guest of Rep. McClure:
Our Heavenly Father,
It is with humility and gratefulness that we approach your Throne of
Grace. We are unworthy of your grace, but we are grateful and thankful that
you have provided a way in which we may come into your presence-into the
``Holy of Holies''-with our petition.
We beseech you, O Merciful Father, on behalf of those who represent
the people of this great State-the home of our birth. We ask that you will
grant wisdom to be given each one in the decisions which will be made today.
May they each one seek for ``Divine Guidance'' in his or her part in the
deliberations of this session. May special wisdom be given to the Speaker of
the House to judge fairly in understanding the consensus of the issues at
hand.
In the Name of Jesus Christ, our Lord and Savior we pray. Amen!
The Pledge of Allegiance was led by Rep. Faber.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2563.
Governmental Organization and Elections: HB 2562.
Transportation: HB 2561.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of Sub. SB 271 from Committee on
Financial Institutions and referral to Committee on Governmental Organization and
Elections.
MESSAGE FROM THE SENATE
Announcing passage of SB 102, 232, 291, 324, 338.
Announcing passage of HB 2050, 2094, 2205, 2280, 2321, 2429.
Announcing passage of HB 2090, as amended; HB 2214, as amended; HB 2230, as
amended.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 102, 232, 291, 324, 338.
CONSENT CALENDAR
No objection was made to SB 162, 179 appearing on the Consent Calendar for the first
day.
No objection was made to HCR 5034; SB 311 appearing on the Consent Calendar for
the second day.
No objection was made to Sub. SCR 1608 appearing on the Consent Calendar for the
third day. The resolution was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS Sub. SCR 1608, A concurrent resolution urging the United States Congress to repeal
Section 656(b) of P.L. 104-208, was considered on final action.
Call of the House was demanded.
On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.
HB 2240, An act enacting the personal and family protection act; providing for licensure
to carry certain concealed weapons; prohibiting certain acts and prescribing penalties for
violations; amending K.S.A. 1998 Supp. 12-4516, 21-4201, 21-4619 and 21-4716 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 76; Nays 48; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
McKinney in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. McKinney, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2549; SB 296 be passed.
On motion of Rep. Farmer to amend SB 267, the motion did not prevail, and the bill be
passed.
Committee report to SB 51 be adopted; also, on motion of Rep. Thimesch to amend,
the motion did not prevail. Also, on further motion of Rep. Thimesch be amended on page
26, following line 35, by inserting the following:
``Sec. 21. K.S.A. 1998 Supp. 8-1558 is hereby amended to read as follows: 8-1558. (a)
Except as provided in subsections (b) and (e) and except when a special hazard exists that
requires lower speed for compliance with K.S.A. 8-1557, and amendments thereto, the limits
specified in this subsection or established as authorized by law shall be maximum lawful
speeds, and no person shall operate a vehicle at a speed in excess of such maximum limits:
(1) In any urban district, 30 miles per hour;
(2) on any separated multilane highway, as designated and posted by the secretary of
transportation, 70 miles per hour;
(3) on any county or township highway, 55 miles per hour; and
(4) on all other highways, 65 miles per hour.
(b) No person shall drive a school bus to or from school, or interschool or intraschool
functions or activities, at a speed greater than 45 miles per hour on any roadway having a
dirt, sand or gravel surface, and in no event shall a school bus be driven to and from school,
or functions or activities, in excess of 55 miles per hour, notwithstanding any maximum
speed limit in excess thereof. The provisions of this subsection relating to school buses shall
apply to buses used for the transportation of students enrolled in community colleges or
area vocational schools, when such buses are transporting students to or from school, or
functions or activities.
(c) The secretary of transportation shall not be liable for any damage or loss, asserted
to have been sustained between the effective date of this act and July 1, 1996, based on a
claim of failure to post any speed limit, or to erect signs or place markings in relation to any
speed limit established by this act, on any highway under the secretary's jurisdiction.
(d) The maximum speed limits in this section may be altered as authorized in K.S.A. 8-
1559 and 8-1560, and amendments thereto.
(e) The speed limits established in paragraphs (2) and (4) of subsection (a) shall be effective 15 days following the effective date of this act. During such interim fifteen-day period, the maximum speed limit under paragraph (2) of subsection (a) shall be 65 miles per hour and the maximum speed limit under paragraph (4) of subsection (a) shall be 55 miles per hour.Notwithstanding the maximum speed limits under subsection (a), on and after the effective date of this act until June 30, 2000, the maximum speed limits 1/2 mile before through 1/4 mile past the following intersections shall be 50 miles per hour:
(1) K-96 and Halstead/Bentley road;
(2) K-96 and Mount Hope road;
(3) K-96 and Haven east exit; and
(4) K-96 and Haven west exit.'';
Also on page 26, in line 36, by striking ``74-2012 is'' and inserting ``8-1558 and 74-2012
are'';
In the title, in line 18, preceding ``8-1567a'' by inserting ``8-1558,'';
Also, on motion of Rep. Hayzlett SB 51 be amended on page 1, in line 22, following
``owner'' by inserting ``or lessee''; in line 41, following ``owner'' by inserting ``or lessee'';
On page 2, in line 2, following ``owner'' by inserting ``or lessee''; in line 4, following
``owner'' by inserting ``or lessee''; in line 12, following ``owner'' by inserting ``or lessee'';
On page 3, in line 31, following ``owner'' by inserting ``or lessee''; in line 34, following
``owner's'' by inserting ``or lessee's'';
On page 5, in line 38, following ``owned'' by inserting ``or leased'';
On page 6, in line 5, following ``owns'' by inserting ``or leases''; in line 8, following ``owned''
by inserting ``or leased''; in line 35, by striking ``Owners of private'' and inserting ``Any owner
or lessee of one or more'';
On page 7, in line 9, following ``owner'' by inserting ``or lessee''; in line 17, following
``owner'' by inserting ``or lessee''; in line 31, following ``owner'' by inserting ``or lessee'';
On page 8, in line 15, following ``owner'' by inserting ``or lessee''; in line 27, following
``owned'' by inserting ``or leased''; in line 36, following ``owner'' by inserting ``or lessee'';
On page 9, in line 14, following ``owner'' by inserting ``or lessee''; in line 43, following
``owner'' by inserting ``or lessee'';
On page 10, in line 14, following ``owner'' by inserting ``or lessee''; in line 35, following
``owner'' by inserting ``or lessee'';
On page 11, in line 30, following ``owner'' by inserting ``or lessee'';
On page 12, in line 4, following ``owner'' by inserting ``or lessee''; in line 9, following
``owner'' by inserting ``or lessee''; in line 11, following ``owner'' by inserting ``or lessee''; in
line 19, following ``owner'' by inserting ``or lessee'';
On page 13, in line 8, following ``owner'' by inserting ``or lessee''; in line 28, following
``owner'' by inserting ``or lessee''; in line 41, following ``owner'' by inserting ``or lessee'';
On page 14, in line 21, following ``owner'' by inserting ``or lessee'';
Also, on motion of Rep. Burroughs to amend SB 51, the motion did not prevail, and the
bill be passed as amended.
Committee report to Sub. SB 270 be adopted; also, on motion of Rep. O'Neal be
amended on page 11, after line 13, by inserting an additional section as follows:
``Sec. 2. K.S.A. 1998 Supp. 44-709 is hereby amended to read as follows: 44-709. (a) Filing. Claims for benefits shall be made in accordance with rules and regulations adopted
by the secretary. The secretary shall furnish a copy of such rules and regulations to any
individual requesting them. Each employer shall post and maintain printed statements
furnished by the secretary without cost to the employer in places readily accessible to
individuals in the service of the employer.
(b) Determination. (1) Except as otherwise provided in this subsection (b)(1), a
representative designated by the secretary, and hereinafter referred to as an examiner, shall
promptly examine the claim and, on the basis of the facts found by the examiner, shall
determine whether or not the claim is valid. If the examiner determines that the claim is
valid, the examiner shall determine the first day of the benefit year, the weekly benefit
amount and the total amount of benefits payable with respect to the benefit year. If the
claim is determined to be valid, the examiner shall send a notice to the last employing unit
who shall respond within 10 days by providing the examiner all requested information
including all information required for a decision under K.S.A. 44-706 and amendments
thereto. The information may be submitted by the employing unit in person at an
employment office of the secretary or by mail, by telefacsimile machine or by electronic
mail. If the required information is not submitted or postmarked within a response time
limit of 10 days after the examiner's notice was sent, the employing unit shall be deemed
to have waived its standing as a party to the proceedings arising from the claim and shall be
barred from protesting any subsequent decisions about the claim by the secretary, a referee,
the board of review or any court, except that the employing unit's response time limit may
be waived or extended by the examiner or upon appeal, if timely response was impossible
due to excusable neglect. In any case in which the payment or denial of benefits will be
determined by the provisions of subsection (d) of K.S.A. 44-706 and amendments thereto,
the examiner shall promptly transmit the claim to a special examiner designated by the
secretary to make a determination on the claim after the investigation as the special examiner
deems necessary. The parties shall be promptly notified of the special examiner's decision
and any party aggrieved by the decision may appeal to the referee as provided in subsection
(c). The claimant and the claimant's most recent employing unit shall be promptly notified
of the examiner's or special examiner's decision.
(2) The examiner may for good cause reconsider the examiner's decision and shall
promptly notify the claimant and the most recent employing unit of the claimant, that the
decision of the examiner is to be reconsidered, except that no reconsideration shall be made
after the termination of the benefit year.
(3) Notwithstanding the provisions of any other statute, a decision of an examiner or
special examiner shall be final unless the claimant or the most recent employing unit of the
claimant files an appeal from the decision as provided in subsection (c). The appeal must
be filed within 16 calendar days after the mailing of notice to the last known addresses of
the claimant and employing unit or, if notice is not by mail, within 16 calendar days after
the delivery of the notice to the parties.
(c) Appeals. Unless the appeal is withdrawn, a referee, after affording the parties
reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and
decision of the examiner or special examiner. The parties shall be duly notified of the
referee's decision, together with the reasons for the decision. The decision shall be final,
notwithstanding the provisions of any other statute, unless a further appeal to the board of
review is filed within 16 calendar days after the mailing of the decision to the parties' last
known addresses or, if notice is not by mail, within 16 calendar days after the delivery of
the decision.
(d) Referees. The secretary shall appoint, in accordance with subsection (c) of K.S.A.
44-714 and amendments thereto, one or more referees to hear and decide disputed claims.
(e) Time, computation and extension. In computing the period of time for an employing
unit response or for appeals under this section from the examiner's or the special examiner's
determination or from the referee's decision, the day of the act, event or default from which
the designated period of time begins to run shall not be included. The last day of the period
shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period
runs until the end of the next day which is not a Saturday, Sunday or legal holiday.
(f) Board of review. (1) There is hereby created a board of review, hereinafter referred
to as the board, consisting of three members. Except as provided by paragraph (2) of this
subsection, each member of the board shall be appointed for a term of four years as provided
in this subsection. Two members shall be appointed by the governor, subject to confirmation
by the senate as provided in K.S.A. 75-4315b and amendments thereto. Except as provided
by K.S.A. 1998 Supp. 46-2601, no person appointed to the board, whose appointment is
subject to confirmation by the senate, shall exercise any power, duty or function as a member
until confirmed by the senate. One member shall be representative of employees, one
member shall be representative of employers, and one member shall be representative of
the public in general. The appointment of the employee representative member of the board
shall be made by the governor from a list of three nominations submitted by the Kansas
A.F.L.-C.I.O. The appointment of the employer representative member of the board shall
be made by the governor from a list of three nominations submitted by the Kansas chamber
of commerce and industry. The appointment of the public representative member of the
board, who, because of vocation, occupation or affiliation may be deemed not to be
representative of either management or labor, shall be made by the members appointed by
the governor as employee representative and employer representative. If the two members
do not agree and fail to make the appointment of the public member within 30 days after
the expiration of the public member's term of office, the governor shall appoint the
representative of the public. Not more than two members of the board shall belong to the
same political party.
(2) The terms of members who are serving on the board on the effective date of this
act shall expire on March 15, of the year in which such member's term would have expired
under the provisions of this section prior to amendment by this act. Thereafter, members
shall be appointed for terms of four years and until their successors are appointed and
confirmed.
(3) Each member of the board shall serve until a successor has been appointed and
confirmed. Any vacancy in the membership of the board occurring prior to expiration of a
term shall be filled by appointment for the unexpired term in the same manner as provided
for original appointment of the member. Each member shall be appointed as representative
of the same special interest group represented by the predecessor of the member.
(4) Each member of the board shall be entitled to receive as compensation for the
member's services at the rate of $15,000 per year, which rate of compensation shall be
effective retroactively to the beginning of the first payroll period chargeable to the fiscal
year ending June 30, 1994, together with the member's travel and other necessary expenses
actually incurred in the performance of the member's official duties in accordance with
rules and regulations adopted by the secretary. Members' compensation and expenses shall
be paid from the employment security administration fund.
(5) The board shall organize annually by the election of a chairperson from among its
members. The chairperson shall serve in that capacity for a term of one year and until a
successor is elected. The board shall meet on the first Monday of each month or on the call
of the chairperson or any two members of the board at the place designated. The secretary
of human resources shall appoint an executive secretary of the board and the executive
secretary shall attend the meetings of the board.
(6) The board, on its own motion, may affirm, modify or set aside any decision of a
referee on the basis of the evidence previously submitted in the case; may direct the taking
of additional evidence; or may permit any of the parties to initiate further appeal before it.
The board shall permit such further appeal by any of the parties interested in a decision of
a referee which overrules or modifies the decision of an examiner. The board may remove
to itself the proceedings on any claim pending before a referee. Any proceedings so removed
to the board shall be heard in accordance with the requirements of subsection (c). The
board shall promptly notify the interested parties of its findings and decision.
(7) Two members of the board shall constitute a quorum and no action of the board
shall be valid unless it has the concurrence of at least two members. A vacancy on the board
shall not impair the right of a quorum to exercise all the rights and perform all the duties
of the board.
(g) Procedure. The manner in which disputed claims are presented, the reports on
claims required from the claimant and from employers and the conduct of hearings and
appeals shall be in accordance with rules of procedure prescribed by the board for
determining the rights of the parties, whether or not such rules conform to common law or
statutory rules of evidence and other technical rules of procedure. A full and complete
record shall be kept of all proceedings and decisions in connection with a disputed claim.
All testimony at any hearing upon a disputed claim shall be recorded, but need not be
transcribed unless the disputed claim is further appealed. In the performance of its official
duties, the board shall have access to all of the records which pertain to the disputed claim
and are in the custody of the secretary of human resources and shall receive the assistance
of the secretary upon request.
(h) Witness fees. Witnesses subpoenaed pursuant to this section shall be allowed fees
and necessary travel expenses at rates fixed by the board. Such fees and expenses shall be
deemed a part of the expense of administering this act.
(i) Court review. Any action of the board is subject to review in accordance with the
act for judicial review and civil enforcement of agency actions. No bond shall be required
for commencing an action for such review. In the absence of an action for such review, the
action of the board shall become final 16 calendar days after the date of the mailing of the
decision. In addition to those persons having standing pursuant to K.S.A. 77-611 and
amendments thereto, the examiner shall have standing to obtain judicial review of an action
of the board. The review proceeding, and the questions of law certified, shall be heard in a
summary manner and shall be given precedence over all other civil cases except cases arising
under the workers compensation act.
(j) Any finding of fact or law, judgment, determination, conclusion or final order made
by the board of review or any examiner, special examiner, referee or other person with
authority to make findings of fact or law pursuant to the employment security law is not
admissible or binding in any separate or subsequent action or proceeding, between a person
and a present or previous employer brought before an arbitrator, court or judge of the state
or the United States, regardless of whether the prior action was between the same or related
parties or involved the same facts.
(k) In any proceeding or hearing conducted under this section, a party to the proceeding or hearing may appear before a referee or the board either personally or by means of a designated representative to present evidence and to state the position of the party. No such hearing shall be conducted by telephone or other electronic means without the consent of all parties.'';
By renumbering the remaining sections accordingly;
On page 25, in line 23, after ``K.S.A.'', by inserting ``44-709a and K.S.A''; also in line 23,
after ``44-706'', by inserting ``, 44-709'';
In the title, in line 12, after ``44-706'', by inserting ``, 44-709''; also in line 12, before the
period by inserting ``; also repealing K.S.A. 44-709a''; and Sub. SB 270 be passed as
amended.
Committee report to HB 2276 be adopted; and the bill be passed as amended.
Committee report to HB 2368 be adopted; also, on motion of Rep. Haley to amend, the
motion did not prevail, and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Federal and State Affairs recommends HB 2405 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2405,'' as
follows:
``Substitute for HOUSE BILL No. 2405
By Committee on Federal and State Affairs
AN ACT concerning abortion; requiring parental consent prior to abortion; requiring
certain records and reports; amending K.S.A. 1998 Supp. 38-1522, 65-445, 65-6701, 65-
6703 and 65-6705 and repealing the existing sections.'';
and the substitute bill be passed.
(Sub. HB 2405 was thereupon introduced and read by title.)
The Committee on Financial Institutions recommends HCR 5037 be adopted.
The Committee on Governmental Organization and Elections recommends SB 68,
as amended by Senate Committee, be passed.
The Committee on Governmental Organization and Elections recommends SB 7, as
amended by Senate Committee of the Whole, be not passed.
The Committee on Governmental Organization and Elections recommends SB 62,
as amended by Senate Committee of the Whole, be amended on page 1, following line 14,
by inserting:
``Section 1. K.S.A. 75-4317 is hereby amended to read as follows: 75-4317. (a) In
recognition of the fact that a representative government is dependent upon an informed
electorate, it is declared to be the policy of this state that meetings for the conduct of
governmental affairs and the transaction of governmental business be open to the public.
(b) It is declared hereby to be against the public policy of this state for any such meeting
to be adjourned to another time or place in order to subvert the policy of open public
meetings as pronounced in subsection (a).
(c) K.S.A. 75-4317 through 75-4320a shall be known and may be cited as the open meetings act.'';
Also on page 1, in line 15, by striking ``Section 1.'' and inserting ``Sec. 2.''; in line 17, by
striking ``this'' and inserting ``the open meetings'';
On page 2, by striking all in lines 13 through 19 and inserting:
``(13) matters relating to the security of a public body or agency, public building or
facility or the information system of a public body or agency, if the discussion of such matters
at an open meeting would jeopardize the security of such public body, agency, building,
facility or information system.'';
On page 2, by renumbering sections 2 and 3 as sections 3 and 4;
Also on page 2, in line 23, by striking ``75-4319 is'' and inserting ``75-4317 and 75-4319
are'';
In the title, in line 11, following ``K.S.A.'' by inserting ``75-4317 and''; in line 12, by striking
``section'' and inserting ``sections'' and the bill be passed as amended.
The Committee on Governmental Organization and Elections recommends SB 229,
as amended by Senate Committee, be amended on page 1, in line 25, by striking ``vacancies''
and inserting ``any vacancy'';
On page 2, in line 5, by striking ``clerk'' and inserting ``election officer''; in line 6, by
striking ``each'' and inserting ``the''; in line 7, before ``within'' by inserting ``in each county,
all or a part of which, is located''; following line 9, by inserting a new paragraph as follows:
``After the vacancy has been filled by a person elected at a convention held under article
39 of chapter 25 of the Kansas Statutes Annotated, any vacancy in the office of precinct
committeeman or committeewoman shall be filled as provided by subsection (a).'';
Also on page 2, by striking all in lines 10, 11 and 12 and inserting:
``Sec. 2. K.S.A. 19-2606 is hereby amended to read as follows: 19-2606. All county
officers who hold their office by election shall make their resignation in writing tofile a written notice of such resignation in the office of the officer or officers authorized by law to
fill vacancies in such office. The officer resigning from office also shall send a copy of the notice of resignation to the county election officer. Such anotice of resignation shall state
the date on which the resignation is to become effective.
Sec. 3. K.S.A. 46-160 is hereby amended to read as follows: 46-160. Any member of
the senate or house of representatives resigning from such office shall file a written notice
of such resignation in the office of the secretary of state. Such notice of resignation shall
state the effective date of the resignation. Upon receiving such notice of resignation, the
secretary of state shall notify the governor and the president of the senate if the person is
a member of the senate or the speaker of the house of representatives if the person is a
member of the house of representatives. In addition The secretary of state shall notify the
county chairperson of the political party required to call the convention for the selection of
a person to be appointed to fill the vacancy occasioned by such resignation as required by
K.S.A. 25-3902, and amendments thereto. The secretary of state shall notify the chairperson of the political party of each county, all or part of which, is located within the district of the officer resigning from office.
Sec. 4. K.S.A. 72-7504 is hereby amended to read as follows: 72-7504. (a) Whenever a
vacancy shall occuroccurs in any board member position, such vacancy shall be filled in the
manner provided for in K.S.A. 25-3902a, and amendments thereto.
(b) A vacancy shall occuroccurs in a board member position under any of the following
circumstances:
(1) Death of a board member, on the date of death.
(2) Removal of a board member, on the date the removal order is final, or if appealed
to the court, on the date the court action becomes final.
(3) By written notice of resignation of a member filed with the state board, on the date
specified in the notice of resignation, which shall be not later than sixty (60)60 days after
such notice of resignation is so filed. The member resigning from the board also shall send a copy of the notice of resignation to the secretary of state.
(c) In the event that any board member changes his or her residence outside of the
district from which he or she was elected, such member shall promptly shall resign from
the state board, and. If such a member fails to resign he or shesuch member shall be subject
to removal from office as provided by law. Any redistricting of board member districts which
results in a board member residing outside of his or herthe board member district shall not
be grounds for removal and shall not disqualify such member from service on the state
board for the remainder of the term for which he or shethe member was elected or
appointed.
Sec. 5. K.S.A. 19-2606, 25-3801, 46-160 and 72-7504 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its publication in the
statute book.'';
In the title, in line 11, by striking ``25-3801'' and inserting ``19-2606, 25-3801, 46-160 and
72-7504''; in line 12, by striking ``section'' and inserting ``sections''; and the bill be passed
as amended.
The Committee on Insurance recommends SB 48, as amended by Senate Committee,
be amended on page 3, in line 42, by striking ``reported claims allowed in the liquidation
proceedings,'' and inserting ``the liability of the ceding company under the contract or
contracts reinsured, as'';
On page 4, in line 7, by striking ``40-2,152'' and inserting ``40-2,156a'';
On page 5, in line 3, by striking all after ``of''; also on page 5, in line 4, by striking all
before ``without'' and inserting ``the liability of the ceding company under the contract or
contracts reinsured, as approved by the liquidation court,''; and the bill be passed as
amended.
The Committee on Transportation recommends SB 169 be amended on page 1,
following line 20, by inserting the following:
``Sec. 2. Bridge no. 008 located on United States highway 83 in Seward county, is hereby
designated as the Mike Hayden overpass bridge. The secretary of transportation shall place
suitable signs to indicate the bridge is the Mike Hayden overpass bridge. The secretary of
transportation may accept and administer gifts and donations to aid in obtaining and
installing suitable signs.
Sec. 3. Bridges no. 072 and no. 287 located on United States highway 169 in Wyandotte
county, are hereby designated as the Herman G. Dillon bridges. The secretary of
transportation shall place suitable signs to indicate the bridges are the Herman G. Dillon
bridges. The secretary of transportation may accept and administer gifts and donations to
aid in obtaining and installing suitable signs.'';
By renumbering section 2 as section 4;
In the title, following ``ACT'' by inserting ``relating to highways;''; in line 10, following
``highway'' by inserting ``; designating bridge no. 008 as the Mike Hayden overpass bridge
and bridges no. 072 and no. 287 as the Herman G. Dillon bridges''; and the bill be passed
as amended.
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 2564, An act concerning the regulation and application of state and local laws, rules,
regulations and ordinances to sport shooting ranges; providing civil immunity to persons
who operate or use such ranges, by Committee on Federal and State Affairs.
HB 2565, An act relating to Washburn University of Topeka; concerning the financing
and governance thereof; amending K.S.A. 13-13a04, 13-13a05, 13-13a18, 13-13a25 and 13-
13a26 and K.S.A. 1998 Supp. 13-13a23 and repealing the existing sections, by Committee
on Taxation.
HB 2566, An act concerning legislative compensation and benefits; amending K.S.A. 74-
4995 and K.S.A. 1998 Supp. 46-137a and 74-4911f and repealing the existing sections, by
Committee on Federal and State Affairs.
A CONCURRENT RESOLUTION establishing a task force on agricultural issues.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That a task force on agricultural issues is hereby established to study the
concentration of agricultural markets, the role of the state in attempting to guarantee
competitive markets, credit problems in agriculture, grain storage problems, the over supply
of agricultural commodities, the federal meat inspection laws, the voluntary conservation
reserve program, the short-term conservation reserve program and such other matters
relating thereto as the task force deems appropriate; and
Be it further resolved: That the task force shall consist of 19 members appointed as
follows: Four members appointed by the president of the senate, two from among the
members of the senate and two from among the citizens of the state at large; four members
appointed by the minority leader of the senate, two from among the members of the senate
and two from among the citizens of the state at large; four members appointed by the
speaker of the house of representatives, two from among the members of the house of
representatives and two from among the citizens of the state at large; four members
appointed by the minority leader of the house of representatives, two from among the
members of the house of representatives and two from among the state at large; and three
members appointed by the governor; and
Be it further resolved: That the president of the senate shall appoint the chairperson
from among the legislator members of the task force and the minority leader of the house
of representatives shall appoint the vice-chairperson from among the legislator members of
the staff force; and
Be it further resolved: That staffing for the task force shall be available from the
legislative research department and the revisor of statutes office as authorized by the
legislative coordinating council; and
Be it further resolved: That the members of the task force shall receive reimbursement
for attending meetings of the task force as authorized by the legislative coordinating council
consistent with the provisions of K.S.A. 46-1209 and amendments thereto; and
Be it further resolved: That meetings of the task force shall be held on not less than
three days each month from July through December 1999; that such meetings shall be held
in locations throughout the state; experts on agricultural market concentration and other
agricultural issues may be hired to provide information to the task force subject to approval
of the legislative coordinating council; and the task force shall prepare and submit a report
and recommendations to the governor and to the legislature on or before January 10, 2000. INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6015--
By Committee on Rules and Journal
A RESOLUTION relating to the rules of the House of Representatives for the 1999-2000
biennium; amending Rule 2105 and Rule 2309 concerning dividing amendments and
motions; adopting Rule 2108 and Rule 2109 concerning motions to strike out and insert
and identical motions.
Be it resolved by the House of Representatives of the State of Kansas: That Rule 2105
be amended to read as follows:
Rule 2105. Dividing MotionsAmendments. (a) When any motion to amend a bill or
resolution contains distinct propositions it shall be divided by the chairperson at the request
of any member. The division by the chairperson shall be made in accordance with the following:
(1) A motion to strike out and insert words of less than a sentence shall be indivisible;
(2) the distinct propositions shall be only in the form submitted in the motion to amend;
(3) each proposition must be so distinct that, one being removed, the remainder may stand entirely on their own.
(b) Upon a request to divide a motion to amend a bill or resolution, the chairperson shall inquire as to whether there is a request for a ruling on germaneness of the motion to amend. If such a request is made, the issue of germaneness shall be determined prior to dividing the motion. If no request for a ruling on germaneness of the motion to amend is made, the chairperson shall proceed to divide the motion to amend in accordance with this rule, and no subsequent request for a ruling on germaneness of any distinct proposition of the motion so divided shall be in order.
(c) The chairperson, or any member, may request that the member requesting the division make the request in writing specifying the manner in which the motion to amend should be divided.
(d) The chairperson may request that the member requesting the division and the chairperson or the vice-chairperson of the committee on rules and journal recommend an appropriate division, but the final ruling on how to divide the motion to amend shall be that of the chairperson who shall announce the division to the body.
(e) The division of the motion to amend shall be in accordance with the rules of the House and with items (1) to (3), inclusive, of subsection (a). The ruling of the chairperson on how to divide the motion to amend shall not be subject to appeal except that any member may appeal the ruling of the chairperson on the grounds that the division is not in accordance with a rule of the House including the provisions of items (1), (2) or (3) of subsection (a), or any combination thereof.
Be it further resolved: That the rules of the House of Representatives for the 1999-
2000 biennium be amended by the addition of two new rules to read as follows:
Rule 2108. Motions to Strike Out and Insert. The rejection of a motion to amend a
bill or resolution by striking out and inserting one proposition shall not prevent a motion to
strike out and insert another proposition, nor prevent a subsequent motion simply to strike
out; nor shall the rejection of a motion simply to strike out prevent a subsequent motion to
strike out and insert.
Rule 2109. Identical Motions. Except upon the unanimous consent of the House, an
identical motion to amend a bill or resolution shall not be made a second time on the same
legislative day.
Be it further resolved: That Rule 2309 be amended to read as follows:
Rule 2309. Dividing Motion. If any motion, other than a motion under Rule 2105,
contains distinct propositions, it shall be divided by the chairperson at the request of any
member. Motions under rule 2105 shall be divided in accordance with that rule.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Phill Kline, the House nonconcurred in Senate amendments to HB 2230 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Phill Kline, Neufeld and Reardon as
conferees on the part of the House.
On motion of Rep. Phill Kline, the House concurred in Senate amendments to HB 2230.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.