February 9, 1999
Journal of the Senate
TWENTY-FIRST DAY
______
| Senate Chamber, Topeka, Kansas |
| Tuesday, February 9, 1999--2:30 p.m. |
The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with thirty-nine senators present.
Senator Hardenburger was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
One of the dilemmas we find ourselves in is that of overlapping loyalties.
We were elected by the people of our district, so we owe them our loyalty.
We are sworn to uphold the Kansas Constitution, so we owe the state our loyalty.
We are members of a political party to which we owe some loyalty.
We all have family connections to whom we certainly owe our loyalty.
We are members of certain committees to which we owe loyalty.
Most of us have jobs at home to which we owe loyalty.
We all have friends for whom we feel some loyalty.
We have people in leadership for whom we feel some loyalty.
From time to time these loyalties tend to overlap, forcing us to make difficult
decisions.
This is when we must remind ourselves that the greatest source of help comes from
the One to Whom we owe the greatest loyalty, Almighty God our Heavenly Father.
Give us the wisdom, O God, to make the right choices.
I pray in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 269, An act concerning workers compensation; relating to self-employed
subcontractors; amending K.S.A. 1998 Supp. 44-505, 44-508, 44-532 and 44-543 and
repealing the existing sections, by Committee on Commerce.
SB 270, An act concerning the employment security law; relating to the method of
calculating contributions and eligibility for benefits thereunder; amending K.S.A. 1998 Supp.
44-703, 44-705, 44-706 and 44-710a and repealing the existing sections, by Committee on
Commerce.
SB 271, An act transferring the duties of the consumer credit commissioner to the state
bank commissioner; creating a program of consumer credit affairs within the office of the
state bank commissioner; abolishing the office of the consumer credit commissioner;
amending K.S.A. 74-3005 and 75-1308 and K.S.A. 1998 Supp. 74-3004 and 74-3006 and
repealing the existing sections; also repealing K.S.A. 16-403 and 16-609, by Committee on
Financial Institutions and Insurance.
SB 272, An act concerning deferred deposit loans; regulating providers thereof, by
Committee on Financial Institutions and Insurance.
SB 273, An act concerning roads; relating to the laying out, viewing, altering and
vacationthereof; amending K.S.A. 68-102a and K.S.A. 1998 Supp. 68-102 and repealing the
existing sections, by Senator Biggs.
SB 274, An act concerning state property; conveyance of land and buildings for services
for the blind and visually impaired, by Committee on Federal and State Affairs.
SB 275, An act concerning the Kansas public employees retirement system; relating to
certain correctional employees; normal retirement date; amending K.S.A. 74-4914c and
repealing the existing section, by Senator Lee.
SB 276, An act concerning salaries and compensation for state officers and employees;
amending K.S.A. 1998 Supp. 40-102, 46-137a, 46-137b, 75-3101, 75-3103, 75-3104, 75-
3108, 75-3110 and 75-3111a and repealing the existing sections, by Committee on Ways
and Means.
SB 277, An act concerning alternate dispute resolution programs and procedures; relating
to certain contracts for public works projects or the acquisition of goods or services for state
agencies and authorities, by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Agriculture: SB 258.
Commerce: SB 265.
Education: SB 261.
Elections and Local Government: SB 262.
Financial Institutions & Insurance: SB 260.
Judiciary: SB 263, 264.
Public Health and Welfare: SB 259, 267, 268.
Ways and Means: SB 266.
CHANGE OF REFERENCE
The Vice-President withdrew SB 208 from the Committee on Judiciary, and referred the
bill to the Committee on Ways and Means.
MESSAGE FROM THE GOVERNOR
REORGANIZATION ORDER NO. 29
To the members of the 1999 Kansas Legislature:
I am today submitting Executive Reorganization Order No. 29 to the 1999 Kansas
Legislature. Under this order, the commission on emergency planning and response is
established to facilitate and advise the division of emergency management, the adjutant
general, and other state agencies involved in the planning, preparation, response and
mitigation of emergencies for the State of Kansas. The commission on emergency planning
and response will also assume the statutory duties of the state emergency response
commission, as set forth in K.S.A. 65-5703 et.seq. The membership of the commission on
emergency planning and response will include those state agencies primarily responsible for
addressing emergency disasters on behalf of the state. The commission will also include
representatives of the cities, counties and business/industry. To adequately address
emergency disasters in the State of Kansas, we need a partnership of planning and response
between state, county and local governments and their responding officials. The commission
on emergency planning and response will enhance the communication between all levels of
government and increase the chance of averting a disaster or minimizing the effects of a
disaster.
The public safety of Kansas citizens is a priority for this administration and can best be
accomplished through a coordinated effort by federal, state and local agencies responsible
for various functions of planning, mitigation and response to disasters. It is my expectation
thecommission on emergency planning and response will serve as a fundamental link in
facilitating emergency preparedness partnerships.
By the Governor,
Bill Graves
Date: February 8, 1999
Executive Reorganization Order No. 29
By Governor Bill Graves
Transmitted February 8, 1999
Section 1. (a) On the effective date of this order, there is hereby established the com-
mission on emergency planning and response.
(b) The membership of the commission on emergency planning and response shall consist
of the agency head or secretary or a designated person of authority from the following
agencies:
(1) the fire marshal;
(2) the department of health and environment;
(3) the department of transportation;
(4) the Kansas highway patrol;
(5) the adjutant general; and
(6) the department of commerce and housing.
(c) In addition, the membership of the commission on emergency planning and response
shall also consist of seven members appointed by the governor as follows:
(1) Two individuals shall be representative of counties;
(2) two individuals selected to represent cities; and
(3) three individuals selected to represent businesses and industries.
(d) A designee of the adjutant general shall serve as the secretary of the commission on
emergency planning and response. The adjutant general shall provide staff support for the
commission on emergency planning and response.
(e) Of the members first appointed to the commission on emergency planning and re-
sponse by the governor, one representative of cities, one representative of counties, and one
representative of business and industry shall serve a term of two years, and the remainder
of the members appointed by the governor shall serve terms of three years. Thereafter,
members who represent cities, counties, and business and industry shall serve terms of four
years and until the successor has been appointed. Any vacancy in the office of an appointed
member shall be filled for the unexpired term by appointment by the governor.
(f) A chairperson shall be elected annually by the members of the commission. A vice-
chairperson shall be designated by the chairperson to serve in the absence of the
chairperson.
(g) For attending meetings of such commission, or attending a subcommittee meeting
thereof authorized by such commission, those members of the commission appointed by
the governor shall be paid compensation, subsistence allowances, mileage and other ex-
penses as provided in K.S.A. 75-3223, and amendments thereto.
Sec. 2. The commission on emergency planning and response shall have the following
functions, powers and duties:
(a) Carry out all requirements of the federal emergency planning and community right-
to-know act of 1986, 42 U.S.C. 11001-11005, and amendments thereto, hereinafter called
the ``federal act'';
(b) provide assistance and advice in establishing policy for the coordination of state agency
activities relating to emergency training, preparedness, planning, and response;
(c) provide assistance and advice in establishing policy and procedures for chemical re-
lease reporting and prevention, transportation, manufacture, storage, handling, and use;
(d) facilitate and advise the division of emergency management, the adjutant general, and
others in the preparation and implementation of all emergency plans prepared by state
agencies;
(e) facilitate and advise the division of emergency management, the adjutant general, and
others in the preparation and implementation of statewide, interjurisdictional, and local
emergency plans prepared in accordance with state and federal law;
(f) designate, and revise as necessary, the boundaries of emergency planning districts in
accordance with the federal act;
(g) approve the local emergency planning committee for each emergency planning
district;
(h) review reports about responses to disaster emergencies and make recommendations
to the appropriate parties involved in the response concerning improved prevention, miti-
gation, and preparedness;
(i) provide assistance and advice to the division of emergency management and the ad-
jutant general in coordinating, advising, or planning tasks related to community right-to-
know reporting, toxic chemical release reporting, management of hazardous substances,
emergency planning and preparedness for all types of hazards, and emergency planning and
preparedness for all types of disasters, as defined in K.S.A. 48-925;
(j) recommend procedures to integrate, as appropriate, hazardous substance response
planning under 42 U.S.C. 11001-11005, federal contingency planning under 33 U.S.C. 1321
and other federal laws as applicable to hazardous substance discharges, and state, regional,
and local planning;
(k) provide recommendations and advice to the adjutant general and the secretary of
health and environment regarding the adoption of regulations as authorized to carry out the
purposes of all state hazard preparedness and planning laws and the federal act, 42 U.S.C.
11001- 11005; and
(l) approve the fees established by rules and regulations of the adjutant general to cover
all or part of the total operational costs of implementing the provisions of the federal act.
Sec. 3. The state emergency response commission created by K.S.A. 65-5703 is hereby
abolished.
(a) Except as otherwise provided by this order, all of the powers, duties, and functions of
the existing state emergency response commission are hereby transferred to and conferred
and imposed upon the commission on emergency planning and response.
(b) Whenever the phrase ``state emergency response commission'' or words of like effect,
are referred to or designated by a statute, rule and regulation, contract or other documents,
the reference or designation shall be deemed to apply to the commission on emergency
planning and response.
(c) All orders and directives of the state emergency response commission shall continue
to be effective and shall be deemed to be orders and directives of the commission on
emergency planning and response until revised, amended or nullified pursuant to law.
Sec. 4. Except as otherwise provided by this order, the commission on emergency plan-
ning and response established by this order shall be the successor in every way to the powers,
duties, and functions of the state emergency response commission which were vested prior
to the effective date of this order and which are transferred pursuant to section 3. Every
act performed in the exercise of such powers, duties, and functions by or under the authority
of the commission on emergency planning and response shall be deemed to have the same
force and effect as if performed by the state emergency response commission in which such
powers, duties, and functions were vested prior to the effective date of this order.
Sec. 5. (a) Except as otherwise provided by this order, all of the powers, duties, and
functions of the secretary of health and environment relating to provision of support for the
oversight and administrative activities of the state emergency response commission as pro-
vided in K.S.A. 65-5704(a), and amendments thereto, are hereby transferred to and con-
ferred and imposed upon the adjutant general.
(b) Except as otherwise provided by this order, whenever the words ``secretary of health
and environment'' or words of like effect are referred to or designated by a statute, rule and
regulation, contract or other document in connection with the powers, duties, and functions
transferred from the secretary of health and environment to the adjutant general by this
order, the reference or designation shall be deemed to apply to the adjutant general.
Sec. 6. All rules and regulations, orders, and directives of the secretary of health and
environment relating to those duties, functions, and powers transferred to the adjutant
general by section 5 shall continue to be effective and shall be deemed to be rules and
regulations, orders and directives of the adjutant general until revised, amended or nullified
pursuant to law.
Sec. 7. Except as otherwise provided by this order, the adjutant general shall be the
successor in every way to the powers, duties, and functions of the secretary of health and
environment which were vested prior to the effective date of this order and which are
transferred pursuant to section 5. Every act performed in the exercise of such powers, duties,
and functions by or under the authority of the adjutant general shall be deemed to have the
same force and effect as if performed by the secretary of health and environment in which
such powers, duties, and functions were vested prior to the effective date of this order.
Sec. 8. (a) Except as otherwise provided by this order, the powers, duties, and functions
of the adjutant general and secretary of health and environment related to approval of local
planning districts as provided by K.S.A. 65-5703(f), and amendments thereto, are hereby
transferred to and conferred and imposed upon the commission on emergency planning
and response.
(b) Except as otherwise provided by this order, whenever the words ``adjutant general''
or ``secretary of health and environment'' or words of like effect are referred to or designated
by a statute, rule and regulation, contract or other document in connection with the powers,
duties, and functions transferred by this order from the adjutant general and the secretary
of health and environment to the commission on emergency planning and response, the
reference or designation shall be deemed to apply to the commission on emergency planning
and response.
(c) All rules and regulations, orders, and directives of the adjutant general and of the
secretary of health and environment relating to the powers, duties, and functions transferred
to the commission on emergency planning and response by this order shall continue to be
effective and shall be deemed to be rules and regulations, orders, and directives of the
commission on emergency planning and response until revised, amended or nullified pur-
suant to law.
Sec. 9. Except as otherwise provided by this order, the commission on emergency plan-
ning and response established by this order shall be the successor in every way to the powers,
duties, and functions of the adjutant general and the secretary of health and environment
in which the same were vested prior to the effective date of this order and which are
transferred pursuant to section 8. Every act performed in the exercise of such powers, duties,
and functions by or under the authority of the commission on emergency planning and
response shall be deemed to have the same force and effect as if performed by the adjutant
general or the secretary of health and environment in which such powers, duties, and func-
tions were vested prior to the effective date of this order.
Sec. 10. (a) The adjutant general and the secretary of health and environment shall engage
in consultations with the purpose of reaching agreement regarding the disposition of all
property, all property rights, and records which were used for or pertain to the performance
of any of the powers and duties transferred to the adjutant general pursuant to this order.
(b) Any conflict as to the proper disposition of property, records, or the unexpended
balance of any appropriation arising as a result of any abolition, transfer, attachment or
change made by this order shall be determined by the governor, whose decision shall be
final.
Sec. 11. No suit, action, or other proceeding, judicial or administrative, lawfully com-
menced, or which could have been commenced, by or against any state agency, or program
mentioned in this order, or by or against any officer of the state in such officer's official
capacity or in relation to the discharge of such officer's official duties, shall abate by reason
of the governmental reorganization effected under the provisions of this order. The court
may allow any such suit, action, or other proceeding to be maintained by or against the
successor of any such state agency or any officer affected.
Sec. 12. All of the provisions of this order shall take effect and have the force of general
law on July 1, 1999, unless disapproved by either house of the legislature as provided by
subsection (c) of section 6 of article 1 of the Constitution of Kansas. This order, unless so
disapproved, is to be published as and with the acts of the legislature and the statutes of
this state.
DONE at the capitol in Topeka under the great seal of the state of Kansas this 8th day
of February, 1999.
By the Governor
Bill Graves
Ron Thornburgh
Secretary of State
MESSAGE FROM THE HOUSE
Announcing passage of HB 2192.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2192 was thereupon introduced and read by title.
CONFIRMATION OF APPOINTMENTS
In accordance with Senate Rule 56, the following appointment, submitted by the
Governor to the senate for confirmation, was considered.
Senator Emert moved the following appointment be confirmed as recommended by the
Standing Committee:
On appointment to the:
Adjutant General, Colonel Gregory B. Gardner, effective upon the date of confirmation by
the Senate to serve at the pleasure of the Governor.
The vote was: Yeas 39, nays 0, present and passing 0, absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The appointment was confirmed.
INTRODUCTION OF GUEST
President Bond rose on a point of personal privilege to introduce Colonel Gregory
Gardner.
By virtue of the confirmation vote taken today, Colonel Gardner will be installed as
Adjutant General of the Kansas National Guard, and become Major General Gardner.
President Bond cited the many accomplishments and experiences, and praised the
community endeavors of General Gardner. Recognizing the leadership qualities General
Gardner brings to the State of Kansas and the National Guard, President Bond, Vice
President Salisbury and the Senators welcomed him to the Senate.
FINAL ACTION ON CONSENT CALENDAR
SB 43, 75 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, were considered on final action.
SB 43, An act relating to property taxation; concerning certain refunds relating to
residential property; amending K.S.A. 79-4504 and repealing the existing section.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 75, An act concerning insurance; amending K.S.A. 1998 Supp. 40-2122 and repealing
the existing section.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting
1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation begs leave to submit the following report:
The following appointment was referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointment:
By the Governor:
Secretary of Revenue: K.S.A. 75-5101
Karla J. Pierce, serves at the pleasure of the Governor.
Also SB 124, as amended by Senate Committee, be further amended on page 1, after
line 14, by inserting a new section to read as follows:
``Section 1. K.S.A. 1998 Supp. 79-201a is hereby amended to read as follows: 79-201a.
The following described property, to the extent herein specified, shall be exempt from all
property or ad valorem taxes levied under the laws of the state of Kansas:
First. All property belonging exclusively to the United States, except property which
congress has expressly declared to be subject to state and local taxation.
Second. All property used exclusively by the state or any municipality or political
subdivision of the state. All property owned, being acquired pursuant to a lease-purchase
agreement or operated by the state or any municipality or political subdivision of the state,
including property which is vacant or lying dormant, which is used or is to be used for any
governmental or proprietary function and for which bonds may be issued or taxes levied to
finance the same, shall be considered to be used exclusively by the state, municipality or
political subdivision for the purposes of this section. The lease by a municipality or political
subdivision of the state of any real property owned or being acquired pursuant to a lease-
purchase agreement for the purpose of providing office space necessary for the performance
of medical services by a person licensed to practice medicine and surgery or osteopathic
medicine by the board of healing arts pursuant to K.S.A. 65-2801 et seq., and amendments
thereto, dentistry services by a person licensed by the Kansas dental board pursuant to
K.S.A. 65-1401 et seq., and amendments thereto, optometry services by a person licensed
by the board of examiners in optometry pursuant to K.S.A. 65-1501 et seq., and amendments
thereto, or K.S.A. 74-1501 et seq., and amendments thereto, podiatry services by a person
licensed by the board of healing arts pursuant to K.S.A. 65-2001 et seq., and amendments
thereto, or the practice of psychology by a person licensed by the behavioral sciences
regulatory board pursuant to K.S.A. 74-5301 et seq., and amendments thereto, shall be
construed to be a governmental function, and such property actually and regularly used for
such purpose shall be deemed to be used exclusively for the purposes of this paragraph.
The lease by a municipality or political subdivision of the state of any real property, or
portion thereof, owned or being acquired pursuant to a lease-purchase agreement to any
entity for the exclusive use by it for an exempt purpose, including the purpose of displaying
or exhibiting personal property by a museum or historical society, if no portion of the lease
payments include compensation for return on the investment in such leased property shall
be deemed to be used exclusively for the purposes of this paragraph. All property leased,
other than property being acquired pursuant to a lease-purchase agreement, to the state or
any municipality or political subdivision of the state by any private entity shall not be
considered to be used exclusively by the state or any municipality or political subdivision of
the state for the purposes of this section except that the provisions of this sentence shall not
apply to any such property subject to lease on the effective date of this act until the term
of such lease expires but property taxes levied upon any such property prior to tax year
1989, shall not be abated or refunded. Any property constructed or purchased with the
proceeds of industrial revenue bonds issued prior to July 1, 1963, as authorized by K.S.A.
12-1740 to 12-1749, or purchased with proceeds of improvement district bonds issued prior
to July 1, 1963, as authorized by K.S.A. 19-2776, or with proceeds of bonds issued prior to
July 1, 1963, as authorized by K.S.A. 19-3815a and 19-3815b, or any property improved,
purchased, constructed, reconstructed or repaired with the proceeds of revenue bonds
issued prior to July 1, 1963, as authorized by K.S.A. 13-1238 to 13-1245, inclusive, or any
property improved, reimproved, reconstructed or repaired with the proceeds of revenue
bonds issued after July 1, 1963, under the authority of K.S.A. 13-1238 to 13-1245, inclusive,
which had previously been improved, reconstructed or repaired with the proceeds of
revenue bonds issued under such act on or before July 1, 1963, shall be exempt from taxation
for so long as any of the revenue bonds issued to finance such construction, reconstruction,
improvement, repair or purchase shall be outstanding and unpaid. Any property constructed
or purchased with the proceeds of any revenue bonds authorized by K.S.A. 13-1238 to 13-
1245, inclusive, 19-2776, 19-3815a and 19-3815b, and amendments thereto, issued on or
after July 1, 1963, shall be exempt from taxation only for a period of 10 calendar years after
the calendar year in which the bonds were issued. Any property, all or any portion of which
is constructed or purchased with the proceeds of revenue bonds authorized by K.S.A. 12-
1740 to 12-1749, inclusive, and amendments thereto, issued on or after July 1, 1963 and
prior to July 1, 1981, shall be exempt from taxation only for a period of 10 calendar years
after the calendar year in which the bonds were issued. Except as hereinafter provided, any
property constructed or purchased wholly with the proceeds of revenue bonds issued on or
after July 1, 1981, under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and
amendments thereto, shall be exempt from taxation only for a period of 10 calendar years
after the calendar year in which the bonds were issued. Except as hereinafter provided, any
property constructed or purchased in part with the proceeds of revenue bonds issued on or
after July 1, 1981, under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and
amendments thereto, shall be exempt from taxation to the extent of the value of that portion
of the property financed by the revenue bonds and only for a period of 10 calendar years
after the calendar year in which the bonds were issued. The exemption of that portion of
the property constructed or purchased with the proceeds of revenue bonds shall terminate
upon the failure to pay all taxes levied on that portion of the property which is not exempt
and the entire property shall be subject to sale in the manner prescribed by K.S.A. 79-2301
et seq., and amendments thereto. Property constructed or purchased in whole or in part
with the proceeds of revenue bonds issued on or after January 1, 1995, under the authority
of K.S.A. 12-1740 to 12-1749, inclusive, and amendments thereto, and used in any retail
enterprise identified under the standard industrial classification codes, major groups 52
through 59, inclusive, except facilities used exclusively to house the headquarters or back
office operations of such retail enterprises identified thereunder, shall not be exempt from
taxation. For the purposes of the preceding provision ``standard industrial classification
code'' means a standard industrial classification code published in the Standard Industrial
Classification manual, 1987, as prepared by the statistical policy division of the office of
management and budget of the office of the president of the United States. ``Headquarters
or back office operations'' means a facility from which the enterprise is provided direction,
management, administrative services, or distribution or warehousing functions in support
of transactions made by the enterprise. Property purchased, constructed, reconstructed,
equipped, maintained or repaired with the proceeds of industrial revenue bonds issued
under the authority of K.S.A. 12-1740 et seq., and amendments thereto, which is located in
a redevelopment project area established under the authority of K.S.A. 12-1770 et seq. shall
not be exempt from taxation. Property purchased, acquired, constructed, reconstructed,
improved, equipped, furnished, repaired, enlarged or remodeled with all or any part of the
proceeds of revenue bonds issued under authority of K.S.A. 12-1740 to 12-1749a, inclusive,
and amendments thereto for any poultry confinement facility on agricultural land which is
owned, acquired, obtained or leased by a corporation, as such terms are defined by K.S.A.
17-5903 and amendments thereto, shall not be exempt from such taxation. Property
purchased, acquired, constructed, reconstructed, improved, equipped, furnished, repaired,
enlarged or remodeled with all or any part of the proceeds of revenue bonds issued under
the authority of K.S.A. 12-1740 to 12-1749a, inclusive, and amendments thereto, for a rabbit
confinement facility on agricultural land which is owned, acquired, obtained or leased by a
corporation, as such terms are defined by K.S.A. 17-5903 and amendments thereto, shall
not be exempt from such taxation.
Third. All works, machinery and fixtures used exclusively by any rural water district or
township water district for conveying or production of potable water in such rural water
district or township water district, and all works, machinery and fixtures used exclusively by
any entity which performed the functions of a rural water district on and after January 1,
1990, and the works, machinery and equipment of which were exempted hereunder on
March 13, 1995.
Fourth. All fire engines and other implements used for the extinguishment of fires, with
the buildings used exclusively for the safekeeping thereof, and for the meeting of fire
companies, whether belonging to any rural fire district, township fire district, town, city or
village, or to any fire company organized therein or therefor.
Fifth. All property, real and personal, owned by county fair associations organized and
operating under the provisions of K.S.A. 2-125 et seq. and amendments thereto.
Sixth. Property acquired and held by any municipality under the municipal housing law
(K.S.A. 17-2337 et seq.) and amendments thereto, except that such exemption shall not
apply to any portion of the project used by a nondwelling facility for profit making enterprise.
Seventh. All property of a municipality, acquired or held under and for the purposes of
the urban renewal law (K.S.A. 17-4742 et seq.) and amendments thereto except that such
tax exemption shall terminate when the municipality sells, leases or otherwise disposes of
such property in an urban renewal area to a purchaser or lessee which is not a public body
entitled to tax exemption with respect to such property.
Eighth. All property acquired and held by the Kansas armory board for armory purposes
under the provisions of K.S.A. 48-317, and amendments thereto.
Ninth. All property acquired and used by the Kansas turnpike authority under the
authority of K.S.A. 68-2001 et seq., and amendments thereto, K.S.A. 68-2030 et seq., and
amendments thereto, K.S.A. 68-2051 et seq., and amendments thereto, and K.S.A. 68-2070
et seq., and amendments thereto.
Tenth. All property acquired and used for state park purposes by the Kansas department
of wildlife and parks.
Eleventh. The state office building constructed under authority of K.S.A. 75-3607 et seq.,
and amendments thereto, and the site upon which such building is located.
Twelfth. All buildings erected under the authority of K.S.A. 76-6a01 et seq., and
amendments thereto, and all other student union buildings and student dormitories erected
upon the campus of any institution mentioned in K.S.A. 76-6a01, and amendments thereto,
by any other nonprofit corporation.
Thirteenth. All buildings, as the same is defined in subsection (c) of K.S.A. 76-6a13, and
amendments thereto, which are erected, constructed or acquired under the authority of
K.S.A. 76-6a13 et seq., and amendments thereto, and building sites acquired therefor.
Fourteenth. All that portion of the waterworks plant and system of the city of Kansas City,
Missouri, now or hereafter located within the territory of the state of Kansas pursuant to
the compact and agreement adopted by chapter 304 of the 1921 Session Laws of the state
of Kansas. [See K.S.A. 79-205].
Fifteenth. All property, real and personal, owned by a groundwater management district
organized and operating pursuant to K.S.A. 82a-1020, and amendments thereto.
Sixteenth. All property, real and personal, owned by the joint water district organized and
operating pursuant to K.S.A. 80-1616 et seq., and amendments thereto.
Seventeenth. All property, including interests less than fee ownership, acquired for the
state of Kansas by the secretary of transportation or a predecessor in interest which is used
in the administration, construction, maintenance or operation of the state system of
highways, regardless of how or when acquired.
Eighteenth. Any building used primarily as an industrial training center for academic or
vocational education programs designed for and operated under contract with private
industry, and located upon a site owned, leased or being acquired by or for an area vocational
school, an area vocational-technical school, a technical college, or a community college, as
defined by K.S.A. 72-4412, and amendments thereto, and the site upon which any such
building is located.
Nineteenth. For all taxable years commencing after December 31, 1997, all buildings of
an area vocational school, an area vocational-technical school, a technical college or a
community college, as defined by K.S.A. 72-4412, and amendments thereto, which are owned
and operated by any such school or college as a student union or dormitory, and the site
upon which any such building is located.
Except as otherwise specifically provided, the provisions of this section shall apply to all
taxable years commencing after December 31, 1997 1998.'';
By renumbering existing sections accordingly;
On page 4, in line 18, before ``79-201b'' by inserting ``79-201a and''; also, in line 18, by
striking ``is'' and inserting ``are'';
In the title, in line 10, by striking all after ``concerning''; in line 11, by striking ``exemption''
and inserting ``exemptions''; also, in line 11, before ``79-201b'' by inserting ``79-201a and'';
in line 12, by striking ``section'' and inserting ``sections''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 115 be passed.
Also SB 72 be amended on page 2, in line 9, by striking ``eight'' and inserting ``nine''; in
line 24, by striking ``and''; in line 25, by striking the period, and inserting ``; and''; following
line 25, by inserting:
``(9) the executive director of the state historical society or the executive director's
designee.''; and the bill be passed as amended.
Committee on Judiciary recommends SB 149 be passed.
Committee on Ways and Means recommends SB 137, 139 be passed.
REPORT ON ENROLLED BILLS
SR 1813, 1815 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on February 9, 1999.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Oleen in the chair.
On motion of Senator Oleen the following report was adopted:
Recommended that SB 22, 87, 88, 130 be passed.
The committee report on Sub SCR 1608 be adopted, and the concurrent resolution be
adopted.
Also, SB 3, 47, 69, 120, 122; HB 2001 be amended by adoption of the committee
amendments, and the bills be passed as amended.
SB 14 be amended by motion of Senator Praeger on page 2, in line 16, after ``credit'' by
inserting a comma, and the bill be passed as amended.
SB 62 be passed over and retain a place on the calendar.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 3, 14, 22, 47, 69, 87, 88, 120, 122, 130; Sub SCR 1608; HB 2001 were advanced
to Final Action, subject to amendment, debate and roll call.
SB 3, An act relating to accident and health insurance; providing coverage for general
anesthesia and medical care facility charges for certain dental care; amending K.S.A. 1998
Supp. 40-2,103 and 40-19c09 and repealing the existing sections; also repealing K.S.A. 1998
Supp. 40-1909, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 14, An act relating to accident and health insurance; providing coverage for
reconstructive breast surgery; amending K.S.A. 1998 Supp. 40-2,103 and 40-19c09 and
repealing the existing sections; also repealing K.S.A. 1998 Supp. 40-1909, was considered
on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 22, An act concerning unlawful employment practices; relating to genetic testing;
amending K.S.A. 44-1002 and 44-1009 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 47, An act relating to taxation; concerning collection procedures of the department
of revenue; amending K.S.A. 79-2971, 79-3233, 79-3233a, 79-3233b, 79-3233g, 79-3233h,
79-3233i, 79-3618 and 79-3643 and repealing the existing sections; also repealing K.S.A. 75-
5149, 75-5150, 79-3233d and 79-3233f, was considered on final action.
On roll call, the vote was: Yeas 35, nays 4, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Biggs, Lee, Petty, Stephens.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 69, An act concerning the department of revenue; relating to disclosure of certain
information thereby; amending K.S.A. 75-5133 and K.S.A. 1998 Supp. 74-8017 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan,
Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Bleeker.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 87, An act concerning civil procedure; relating to pleadings; claims for relief;
amending K.S.A. 1998 Supp. 60-208 and 60-209 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 88, An act concerning the uniform commercial code; relating to secured transactions;
sale of accounts and chattels; amending K.S.A. 84-9-102 and repealing the existing section,
was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 120, An act concerning banks and trust companies; relating to the powers of the bank
commissioner; amending K.S.A. 1998 Supp. 9-1715 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 122, An act concerning securities; relating to the regulation of investment advisors;
amending K.S.A. 1998 Supp. 17-1253 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
SB 130, An act enacting the revised Kansas trademark act; repealing K.S.A. 81-111
through 81-123, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
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.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The substitute resolution was adopted.
HB 2001, An act relating to sales taxation; providing local retailers' sales tax imposition
authority for certain cities and counties; amending K.S.A. 1998 Supp. 12-187, 12-188, 12-
189 and 12-192 and repealing the existing sections.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones,
Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed, as amended.
On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, February
10, 1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.