March 26, 1999
Journal of the Senate
FIFTY-THIRD DAY
______
| Senate Chamber, Topeka, Kansas |
| Friday, March 26, 1999--9:30 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
At this point in the session
When the end is fast approaching,
I find the routine and mundane
Are upon my dreams encroaching.
Disagreements and amendments
Undermine my dreams.
Compromises and defeats
Can turn them into schemes.
In answer to the question,
``What difference does it make?''
You dream what you have to give;
You scheme what you can take.
Restore my dreams to me, O God,
Bring back what I have lost.
To see them turning into schemes
Is much too high a cost.
I ask this in Jesus' Name,
AMEN
PRESENTATION OF PETITIONS
The following petitions were presented, read and filed:
SP 15, by Senator Nancey Harrington: A petition to oppose Partial-Birth Abortions,
signed by Jerry D. Rupert and 127 other citizens of Kansas.
SP 16, by Senator Nancey Harrington: A petition to support the Landwehr Teacher/
Parent Education Tax Credit proposal, signed by JoAnne Galloway and 64 other citizens of
Kansas.
SP 17, by Senator Tim Huelskamp: A petition asking Attorney General Carla Stovall to
enforce the ``Post-Viability Abortion Ban'' for ALL late-term abortion procedures, including
partial-birth abortion procedures, signed by Julie Ann Ochs and 117 other citizens of Kansas.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: HB 2530.
Elections and Local Government: HB 2505.
Ways and Means: HB 2489.
CHANGE OF REFERENCE
The President withdrew HB 2228 from the Committee on Elections and Local
Government, and referred the bill to the Committee on Ways and Means.
The President withdrew HB 2197 from the calendar under the heading of General Orders
and referred the bill to the Committee on Ways and Means.
The President withdrew HB 2075, 2082, 2224 from the Committee on Judiciary, and
referred the bills to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
Announcing, the House accedes to the request of the Senate for a conference on SB 62
and has appointed Representatives Benlon, Powers and Welshimer as conferees on the part
of the House.
The House accedes to the request of the Senate for a conference on SB 76 and has
appointed Representatives Mason, Vickrey and Kuether as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 149 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
Announcing passage of HB 2016; Substitute HB 2405; HB 2476, 2538, 2548, 2565.
Passage of SB 43, 81, 121, 143, 338.
Passage of SB 3, as amended, 11, as amended, 12, as amended, 45, as amended,
47, as amended, 78, as amended, 97, as amended, 107, as amended, 110, as
amended, 124, as amended, 130, as amended, 132, as amended, 150, as amended
by House Substitute for SB 150; SB 151, as amended, 152, as amended, 205, as
amended, 207, as amended, 220, as amended, 291, as amended, 324, as amended.
The House concurs in Senate amendments to HB 2214 and requests the return of the
bill.
The House nonconcurs in Senate amendments to HB 2071, requests a conference and
has appointed Representatives Hayzlett, Ballou, Aurand, Larkin and Findley as conferees
on the part of the House.
The House accedes to the request of the Senate for a conference on House Substitute
for SB 60 and has appointed Representatives Tomlinson, Myers and Phelps as conferees
on the part of the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2016; Substitute HB 2405; HB 2476, 2538, 2548, 2565 were thereupon
introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB 4 and requested a conference committee be appointed.
The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 59 and requested a conference committee be appointed.
The President appointed Senators Langworthy, Donovan and Lee as a conference
committee on the part of the Senate.
On motion of Senator Steffes the Senate nonconcurred in the House amendments to
SB 108 and requested a conference committee be appointed.
The President appointed Senators Steffes, Praeger and Steineger as a conference
committee on the part of the Senate.
On motion of Senator Vidricksen the Senate nonconcurred in the House amendments to
SB 169 and requested a conference committee be appointed.
The President appointed Senators Vidricksen, Jordan and Gilstrap as a conference
committee on the part of the Senate.
On motion of Senator Ranson the Senate nonconcurred in the House amendments to
SB 186 and requested a conference committee be appointed.
The President appointed Senators Ranson, Clark and Barone as a conference committee
on the part of the Senate.
On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 230 and requested a conference committee be appointed.
The President appointed Senators Hardenburger, Becker and Gooch as a conference
committee on the part of the Senate.
On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 273 and requested a conference committee be appointed.
The President appointed Senators Hardenbruger, Becker and Biggs as a conference
committee on the part of the Senate.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Harrington introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1842--
A RESOLUTION congratulating and commending the Andale High School girls basketball
team and Coach Mark Kerschen for winning the 1999 class 4A state basketball
championship.
WHEREAS, The Andale High School girls basketball team won the 1999 Kansas State
High School Activities Association Class 4A state basketball championship at Salina on
Saturday, March 13, 1999; and
WHEREAS, Andale won the state championship with a thrilling 59-47 victory over
defending state champion Santa Fe Trail High School in the state championship game; and
WHEREAS, The Andale High School ``Indians'' girls basketball team defeated Kansas
City Sumner and Clay Center to get to the championship game; and
WHEREAS, The team members are Jackie Regan, Devin Mobley, Katie Gatlin, Sarah
Horsch, Betsy Eck, Missi Eck, Mandy Hermes, Maggie Eck, Annie Steven, Audrey Martin,
Jenny Kampling and Kim Thome. The head coach is Mark Kerschen, the assistant coach is
Tammy Kerschen and the team managers are Kim Ellenz, Karla Ellenz and Audrie Doll-
Ewertz; and
WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to its excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Andale High School girls
basketball team and Coach Kerschen be congratulated and commended for winning the
1999 Kansas State High School Activities Association Class 4A state basketball
championship; and
Be it further resolved: That the Secretary of the Senate be directed to send 17 enrolled
copies of this resolution to Fred Spexarth, Principal, Andale High School, Post Office Box
28, Andale, Kansas 67001.
On emergency motion of Senator Harrington SR 1842 was adopted unanimously.
Senator Harrington introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1843--
A RESOLUTION congratulating and commending the Garden Plain High School boys
basketball team and Coach Jerry Gerber for winning the 1999 Class 2A state basketball
championship.
WHEREAS, The Garden Plain High School boys basketball team won the 1999 Kansas
State High School Activities Association Class 2A state basketball championship at
Manhattan on Saturday, March 13, 1999; and
WHEREAS, Garden Plain won the state championship with a thrilling 66-63 overtime
victory over Berean Academy in the state championship game; and
WHEREAS, The Garden Plain High School ``Owls'' basketball team finished the season
with a 23-3 record; and
WHEREAS, The 1999 Garden Plain boys basketball team was co-champion of the
Central Plains League, has had the most appearances (17) at the Class 2A state tournament,
been in the state final game eight times and won previous state titles in 1973, 1980 and
1989; and
WHEREAS, The team members were Justin Koester, Josh Scheer, Adam Fisher, Tim
Weber, Seth Pauly, Craig May, Jon Kerschen, Mike Todd, Joe Seiwert, Steve Rausch, Brad
Stamback and Jacob Dreiling; the head coach was Jerry Gerber, the assistant coaches were
Todd Puetz and Lance Gordon, and the student managers were Eddie Weber and Brandon
Mies; and
WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to its excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Garden Plain High School
boys basketball team and Coach Jerry Gerber be congratulated and commended for winning
the 1999 Kansas State High School Activities Association Class 2A state basketball
championship; and
Be it further resolved: That the Secretary of the Senate be directed to send 17 enrolled
copies of this resolution to Robert Morton, Principal, Garden Plain High School, Box 128,
Garden Plain, Kansas 67050.
On emergency motion of Senator Harrington SR 1843 was adopted unanimously.
Senator Huelskamp introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1844--
A RESOLUTION congratulating and commending the Meade High School
Scholars Bowl team.
WHEREAS, The Meade High School Scholars Bowl team is the Class 2A Kansas State
High School Activities Association Scholars Bowl champion for 1998 and 1999; and
WHEREAS, The Scholars Bowl is an academic competition testing participants'
knowledge in the areas of mathematics, science, English, foreign language, current events
and social studies. Teams of four students compete against other teams in regional and state
competition. Questions are asked verbally and participants have a limited time to respond
to the questions; and
WHEREAS, The team members for 1998 were Justin Pippitt, Andy Wiens, Darin
Bringham, Sherry Norsworthy and Jared Sims and the coach was Debbie Thomas; the team
members for 1999 were Daila Siemens, Tyler Headrick, Darin Bringham, Sherry
Norsworthy and Jared Sims and the coach was Debbie Thomas: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Meade High School Scholars Bowl team members for being the 1998 and 1999 Class
2A champions; and
Be it further resolved: That the Secretary of the Senate be directed to send nine enrolled
copies of this resolution to Ron Keller, Principal, Meade High School, Post Office Box 400,
Meade, Kansas 67864.
On emergency motion of Senator Huelskamp SR 1844 was adopted unanimously.
Senator Langworthy introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1845--
A RESOLUTION congratulating and commending Tyler Grosser
for outstanding volunteer service.
WHEREAS, Tyler Grosser has been selected as the recipient of the 1998 Audrey
Langworthy Award for Outstanding Youth for the Greater Kansas City Chapter of the
American Red Cross; and
WHEREAS, Tyler Grosser has been a youth member of the Disaster Action Team since
1996; and
WHEREAS, Tyler Grosser has been a Red Cross Youth Volunteer for two years. He has
been an active Trainee on the Disaster Action Team, responding to the scenes of household
fires and helping with sheltering during large scale local disasters. He is active also on the
First Aid Team, responding to medical calls for the Kansas City Chiefs football team as well
as for other activities; and
WHEREAS, Tyler Grosser has been a server for the Red Cross Canteen and can be
counted on to clean the canteen thoroughly, both inside and out, when finished with an
event thus assuring that the canteen will be ready for use for the next response; and
WHEREAS, Tyler Grosser has participated in the Smoke Detector Installation Program
several times, either actually installing smoke detectors or canteening for others during an
installation event; and
WHEREAS, Tyler Grosser's outstanding attributes are in keeping with the finest
volunteer traditions of the American Red Cross and serve as an inspiration to all our
community youth: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Tyler Grosser upon his selection as the recipient of the 1998 Audrey Langworthy Award
for Outstanding Youth for the Greater Kansas City Chapter of the American Red Cross;
and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Tyler Grosser, 17523 Cody Street, Olathe, Kansas 66062 and
one copy to Matthew D. Meyer, C.E.O., Greater Kansas City American Red Cross, 211 W.
Armour Blvd., Kansas City, Missouri 64111.
On emergency motion of Senator Langworthy SR 1845 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends HB 2166, as amended by House Committee
of the Whole, be amended on page 3, after line 43, by inserting additional sections as follows:
``Sec. 2. K.S.A. 1998 Supp. 12-1771 is hereby amended to read as follows: 12-1771. (a)
No city shall exercise any of the powers conferred by K.S.A. 12-1770 et seq., and
amendments thereto, unless the governing body of such city has adopted a resolution finding
that the specific project area sought to be redeveloped is a blighted area, a conservation
area, a major tourism area as defined in K.S.A. 12-1774, and amendments thereto, or was
designated prior to July 1, 1992, as an enterprise zone pursuant to K.S.A. 12-17,110 prior
to its repeal, and the conservation, development or redevelopment of such area is necessary
to promote the general and economic welfare of such city. Enterprise zones designated
prior to July 1, 1992, may be enlarged by the city to an area not exceeding 25% of the city's
land area upon a finding by the secretary of the department of commerce and housing that
a redevelopment project proposed by the city which requires the enlargement is of statewide
importance and that it will meet the criteria specified in subsection (a)(1)(D) of K.S.A. 12-
1774, and amendments thereto. A unified government, established pursuant to K.S.A. 12-
340 et seq., and amendments thereto, may enlarge an enterprise zone, established within
its jurisdiction prior to July 1, 1992, to an area not exceeding 200% of the area of the original
enterprise zone regardless of whether such enlargement crosses the boundary of a city within
the jurisdiction of the unified government if the secretary of commerce and housing makes
the same findings required for enlargement of an enterprise zone by a city. For the purpose
of this subsection, the term ``blighted area'' means an area which: (1) Because of the
presence of a majority of the following factors, substantially impairs or arrests the sound
development and growth of the municipality or constitutes an economic or social liability
or is a menace to the public health, safety, morals or welfare in its present condition and
use: (A) A substantial number of deteriorated or deteriorating structures; (B)
predominance of defective or inadequate street layout; (C) unsanitary or unsafe conditions;
(D) deterioration of site improvements; (E) diversity of ownership; (F) tax or special
assessment delinquency exceeding the fair value of the land; (G) defective or unusual
conditions of title; (H) improper subdivision or obsolete platting or land uses; (I) the
existence of conditions which endanger life or property by fire and other causes; or (J)
conditions which create economic obsolescence; or (2) has been identified by any state or
federal environmental agency as being environmentally contaminated to an extent that
requires a remedial investigation, feasibility study and remediation or other similar state or
federal action; or (3) previously was found by resolution of the governing body to be a slum
or a blighted area under K.S.A. 17-4742 et seq., and amendments thereto.
For the purpose of this subsection, conservation area means any improved area within
the corporate limits of a city in which 50% or more of the structures in the area have an
age of 35 years or more, which area is not yet blighted, but may become a blighted area
due to the existence of a combination of two or more of the following factors: (i)
Dilapidation, obsolescence or deterioration of the structures; (ii) illegal use of individual
structures; (iii) the presence of structures below minimum code standards; (iv) building
abandonment; (v) excessive vacancies; (vi) overcrowding of structures and community
facilities; or (vii) inadequate utilities and infrastructure. Not more than 15% of the land area
of a city may be found to be a conservation area.
(b) The powers conferred upon cities under the provisions of K.S.A. 12-1770 et seq.,
and amendments thereto, shall be exercised by cities, as determined by resolution adopted
pursuant to K.S.A. 12-1772, and amendments thereto, (1) in enterprise zones designated
prior to July 1, 1992, including any area added to such enterprise zone after July 1, 1992,
pursuant to subsection (a), (2) in blighted areas of cities and counties described by subsection
(a)(2), (3) in conservation areas of cities, (4) in major tourism areas as defined in K.S.A. 12-
1774 and amendments thereto or (5) in blighted areas of cities, as determined by resolution
adopted pursuant to K.S.A. 17-4742 et seq., and amendments thereto.
(c) Within that portion of the city described in subsection (b), the governing body of a
city may establish a district to be known as a ``redevelopment district''. Within that portion
of a city and county described in subsection (b) excluding paragraph (3) of subsection (b),
the governing body of the city, upon written consent of the board of county commissioners,
may establish a district inclusive of land outside the boundaries of the city to be known as
a redevelopment district. In all such cases, the board of county commissioners, prior to
providing written consent, shall be subject to the same procedure for public notice and
hearing as is required of a city pursuant to subsection (d) for the establishment of a
redevelopment district. One or more redevelopment projects may be undertaken by a city
within a redevelopment district after such redevelopment district has been established in
the manner provided by subsection (d).
(d) Any city proposing to establish a redevelopment district shall adopt a resolution
stating that the city is considering the establishment of a redevelopment district. Such
resolution shall:
(1) Give notice that a public hearing will be held to consider the establishment of a
redevelopment district and fix the date, hour and place of such public hearing;
(2) describe the proposed boundaries of the redevelopment district;
(3) describe a proposed comprehensive plan that identifies all of the proposed
redevelopment project areas and that identifies in a general manner all of the buildings and
facilities that are proposed to be constructed or improved in each redevelopment project
area;
(4) state that a description and map of the proposed redevelopment district are available
for inspection at a time and place designated;
(5) state that the governing body will consider findings necessary for the establishment
of a redevelopment district.
Notice shall be given as provided in subsection (c) of K.S.A. 12-1772, and amendments
thereto.
(e) Upon the conclusion of the public hearing, the governing body may adopt a
resolution to make any findings required by subsection (a) and may establish the
redevelopment district by ordinance. Such resolution shall contain a comprehensive plan
that identifies all of the proposed redevelopment project areas and identifies in a general
manner all of the buildings and facilities that are proposed to be constructed or improved
in each redevelopment project area. The boundaries of such district shall not include any
area not designated in the notice required by subsection (d). Subject to the provisions of
K.S.A. 1998 Supp. 12-1771c, and amendments thereto, any addition of area to the
redevelopment district or any substantial change to the comprehensive plan shall be subject
to the same procedure for public notice and hearing as is required for the establishment of
the district. The boundaries of any such district in a major tourism area including an auto
race track facility located in Wyandotte county, shall, without regard to that portion of the
district pertaining to the auto race track facility, be as follows: Beginning at the intersection
of Interstate 70 and Interstate 435; West along Interstate 70 to 118th Street; North along
118th Street to State Avenue; Northeasterly along proposed relocated State Avenue to 110th
Street; North along 110th Street to Parallel Parkway; East along Parallel Parkway to
Interstate 435; South along Interstate 435 to Interstate 70.
(f) No privately owned property subject to ad valorem taxes shall be acquired and
redeveloped under the provisions of K.S.A. 12-1770 et seq., and amendments thereto, if the
board of county commissioners or the board of education levying taxes on such property
determines by resolution adopted within 30 days following the conclusion of the hearing for
the establishment of the redevelopment district required by subsection (d) that the proposed
redevelopment district will have an adverse effect on such county or school district.
(g) Any redevelopment plan undertaken within the redevelopment district may be in
separate development stages. Each plan shall be adopted according to the provisions of
K.S.A. 12-1772, and amendments thereto, and shall fix a date for completion. Except as
provided herein, any project shall be completed within 20 years from the date of transmittal
of the redevelopment plan or a revision of the plan, as authorized by K.S.A. 1998 Supp. 12-
1771c, and amendments thereto, to the county pursuant to K.S.A. 12-1776, and amendments
thereto. Projects relating to environmental investigation and remediation under subsection
(i) shall be completed within 20 years from the date a city enters into a consent decree
agreement with the Kansas department of health and environment or the United States
environmental protection agency. A redevelopment project in a major tourism area for an
auto race track facility described in subsection (a)(1)(D) of K.S.A. 12-1774, and amendments
thereto, shall be completed within 30 years from the date the secretary of commerce and
housing makes the finding that the redevelopment project will create a major tourism area
pursuant to subsection (a)(1)(D) of K.S.A. 12-1774, and amendments thereto.
(h) Any increment in ad valorem property taxes resulting from a redevelopment district
undertaken in accordance with the provisions of this act, shall be apportioned to a special
fund for the payment of the cost of the redevelopment project, including the payment of
principal and interest on any special obligation bonds or full faith and credit tax increment
bonds issued to finance such project pursuant to this act and may be pledged to the payment
of principal and interest on such bonds. The maximum maturity on bonds issued to finance
projects pursuant to this act shall not exceed 20 years except that: (1) Such maximum period
of special obligation bonds not payable from revenues described by subsection (a)(1)(D) of
K.S.A. 12-1774, and amendments thereto, issued to finance an auto race track facility shall
not exceed 30 years; and (2) such maximum period, if the governor determines and makes
and submits a finding to the speaker of the house of representatives and the president of
the senate that a maturity greater than 20 years, but in no event exceeding 30 years, is
necessary for the economic feasibility of the financing of an auto race track facility with
special obligation bonds payable primarily from revenues described by subsection (a)(1)(D)
of K.S.A. 12-1774, and amendments thereto, may be extended in accordance with such
determination and finding.
For the purposes of this act, ``increment'' means that amount of ad valorem taxes collected
from real property located within the redevelopment district that is in excess of the amount
which is produced from such property and attributable to the assessed valuation of such
property prior to the date the redevelopment plan or revision of the plan, as authorized by
K.S.A. 1998 Supp. 12-1771c, and amendments thereto, is transmitted to the county pursuant
to K.S.A. 12-1776, and amendments thereto.
(i) The governing body of a city, in contracts entered into with the Kansas department
of health and environment or the United States environmental protection agency, may
pledge increments receivable in future years to pay costs directly relating to the investigation
and remediation of environmentally contaminated areas. The provisions in such contracts
pertaining to pledging increments in future years shall not be subject to K.S.A. 10-1101 et
seq. or 79-2925 et seq., and amendments thereto.
(j) Before any redevelopment project is undertaken, a comprehensive feasibility study,
which shows the benefits derived from such project will exceed the costs and that the income
therefrom will be sufficient to pay for the project shall be prepared. Such feasibility study
shall be an open public record.
(k) If a city determines that revenues from sources other than property taxes will be
sufficient to pay any special obligation bonds issued to finance a redevelopment project for
an auto race track facility described in subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto, which the secretary of commerce and housing makes a finding that
such project will create a major tourism area pursuant to subsection (a)(1)(D) of K.S.A. 12-
1774, and amendments thereto, all real and personal property, constituting an auto race
track facility described in subsection (a)(1)(D) of K.S.A. 12-1774, and amendments thereto,
in such redevelopment district shall be exempt from property taxation for a period ending
on the earlier of (1) the date which is 30 years after the date of the finding by the secretary
of commerce and housing with respect to such major tourism area; or (2) the date on which
no such special obligation bonds issued to finance such auto race track facility in a major
tourism area remain outstanding.
(l) Any major tourism area may include an additional area not exceeding 400 acres of
additional property, excluding roads and highways, in addition to the property necessary for
the auto race track facility upon a finding by the governor that the development plan and
each project within such additional area will enhance the major tourism area. For the
development of each project within such additional area the city shall select qualified
developers pursuant to a request for proposals in accordance with written official procedures
approved by the governing body of the city. Any project within such additional area that is
financed in whole or in part by special obligation bonds payable form from revenues derived
from subsection (a)(1)(D) of K.S.A. 12-1774, and amendments thereto, shall not be entitled
to any real property tax abatements or the revenues described in K.S.A. 12-1775, and
amendments thereto. Any project within such additional area must be approved by the
governor and construction must be commenced by July 1, 2002. The city shall prepare and
submit annually to the governor, the secretary of commerce and housing and the legislature
by each October 1, commencing October 1, 1999 and continuing until October 1, 2002, a
report describing the status of any projects within such additional area. Any business located
in Kansas within 50 miles of a major tourism area that relocates into a major tourism area
shall not receive any of the benefits of K.S.A. 12-1770 et seq., and amendments thereto.
New Sec. 3. (a) The unified government of Wyandotte county may, in addition to any
countywide retailers' sales tax authorized by K.S.A. 12-187, and amendments thereto, or
other specific statutory provisions, adopt and impose a county retailers' sales tax at a rate of
1% within the portion of the redevelopment district described in subsection (1) of K.S.A.
12-1771, and amendments thereto, without submitting the question to an election and all
revenue derived from the county retailers' sales tax levied under this subsection shall be
pledged for the purposes of financing any redevelopment plan proposed to be located in
that portion of the redevelopment district.
(b) Notwithstanding any other statutory provision to the contrary, whenever the body
of a county adopts and imposes the county retailers' sales tax authorized under subsection
(a), then all revenue that is derived from a countywide retailers' sales tax imposed pursuant
to K.S.A. 12-187, and amendments thereto, from taxpayers within the redevelopment
district, shall be considered to be dedicated for purposes of the redevelopment district and
upon collection, such revenues shall be remitted and distributed as described in K.S.A. 12-
1775, and amendments thereto.
(c) All revenue derived from a county retailers' sales tax imposed under subsection (a)
and collected under subsection (b) may be pledged and used by the unified government in
like manner as other revenues collected or received under K.S.A. 12-1774, and amendments
thereto. Whenever the unified government has proposed to issue bonds pursuant to K.S.A.
12-1774 and amendments thereto, the county retailers' sales tax imposed under subsection
(a) and the revenue collected under subsection (b) shall remain in effect and may not be
reduced or rescinded by the unified government until such time as the bonds have been
fully paid. When such bonds have been fully paid, then (1) the county retailers' sales tax
imposed under subsection (a) shall expire, unless otherwise renewed by action of the
governing body of the county for purposes of implementing additional projects authorized
under the redevelopment plan for the redevelopment district; and (2) the revenues to be
collected under subsection (b) may be rededicated for other purposes by resolution of the
unified government and if not so rededicated then the revenues thereafter collected shall
be used only for approved and authorized costs in the redevelopment district in accordance
with the redevelopment plan. Upon rededication of the revenues under subsection (b), or
in the event that no future redevelopment projects or authorized costs remain for the
redevelopment district, the revenues derived from the countywide retailers' sales tax covered
under subsection (b) shall thereafter be distributed to the county treasurer as required under
K.S.A. 12-192, and amendments thereto.
New Sec. 4. (a) The Kansas water office, on behalf of the state, shall enter into
negotiations, agreements and contracts with the federal government regarding water rights,
file number 37 and file number 38, appurtenant to federal property located in Johnson
county when the Kansas water office deems such negotiations, agreements and contracts to
be necessary for the achievement of the policies of the state relative to the water resources
of the state. Any such agreement or contract shall be binding on the state only upon adoption
by the legislature of a concurrent resolution approving such agreement or contract.
(b) The Kansas water office, on behalf of the state, shall accept and hold in trust any
water rights acquired pursuant to subsection (a) until the legislature determines the
appropriate state agency and procedures for disposition of such water rights. Until the
legislative determination thereof:
(1) The Kansas water office shall have no authority to assign, transfer or otherwise
dispose of such water rights;
(2) all contractual agreements associated with such water rights shall remain in effect
and the provisions of K.S.A. 82a-718 and amendments thereto shall not apply to such water
rights; and
(3) the Kansas water office shall make all annual payments associated with such water
rights to any water assurance district under the provisions of K.S.A. 82a-1301 et seq. and
amendments thereto.'';
By renumbering sections accordingly;
On page 9, by striking line 35; in line 36, by striking all before the period and inserting
``on or before the scheduled maturity of the first series of bonds issued to finance the
redevelopment project'';
On page 10, in line 27, before the period, by inserting ``and the implementation agreement
shall be approved by the board of county commissioners of the county in which the
redevelopment district is located'';
On page 11, in line 22, after the period, by inserting ``any redevelopment plan which
proposes to undertake a project of statewide as well as local importance in a county which
according to the 1990 decennial census contained a population greater than 25,000 shall be
adopted prior to July 1, 2001.''; by striking all after line 36;
On page 12, by striking all before line 41 and inserting new material as follows:
``Sec. 9. K.S.A. 1998 Supp. 74-8923 is hereby amended to read as follows: 74-8923.
The authority may use the proceeds of bonds issued pursuant to subsection (e) of K.S.A.
74-8905, and amendments thereto, or upon approval by the board of county commissioners
or other taxing subdivision in which the redevelopment district is located any uncommitted
funds derived from those sources set forth in K.S.A. 1998 Supp. 74-8924, and amendments
thereto, or other funds pledged for the payment of such bonds to implement the
redevelopment plan, including the payment or reimbursement of all costs of the project of
statewide as well as local importance to the extent authorized in the redevelopment plan
implementation agreement adopted pursuant to K.S.A. 74-8921, and amendments thereto.
Any excess revenue not otherwise needed or committed for the repayment of bonds or other
project costs authorized in the agreement shall upon approval by the authority be paid out
by the state treasurer proportionately to the appropriate taxing authorities.
By renumbering sections accordingly;
On page 13, in line 16, by striking ``a pledge of ''; in line 19, by striking ``a pledge of '';
also in line 19, by striking ``by any''; in line 20, by striking ``city'';
On page 15, in line 4, by striking ``this act'' and inserting ``the redevelopment
implementation agreement''; in line 38, after the period, by inserting ``Any revenues not
needed or committed for the payment of bonds or other project costs as authorized by the
redevelopment plan implementation agreement shall upon approval by the authority be
remitted by the state treasurer proportionately to the appropriate taxing authorities.''; after
line 38, by inserting an additional section as follows:
``Sec. 13. K.S.A. 1998 Supp. 74-8930 is hereby amended to read as follows: 74-8930.
Within one year of the commencement of construction of any project of statewide as well
as local importance as defined in K.S.A. 74-8902 and amendments thereto, located within
a county which according to the 1990 decennial census contained a population greater than
25,000, a developer shall reimburse the unified government of Wyandotte county for cash
investment in the project and for the use of employees of the unified government during the
course of negotiations with the developer as documented to and determined by the secretary
of commerce and housing.'';
By renumbering sections accordingly;
On page 16, in line 2, by striking ``and only within the redevelopment district'';
On page 20, in line 33, by striking all after the second comma; in line 34, by striking
``district''; after line 43, by inserting an additional section as follows:
``Sec. 16. K.S.A. 1998 Supp. 79-5302 is hereby amended to read as follows: 79-5302.
(a) Upon notification to the director of taxation that the Kansas development finance
authority has established a redevelopment district pursuant to K.S.A. 1998 Supp. 74-8921,
and amendments thereto, there is hereby imposed a tax at the rate of 5% upon the gross
receipts derived from or paid by transient guests for sleeping accommodations, exclusive of
charges for incidental services or facilities, in any hotel, motel or tourist court located in a
redevelopment district established pursuant to K.S.A. 1998 Supp. 74-8921, and amendments
thereto, until the earlier of the date the bonds issued to finance or refinance the
redevelopment project have been paid in full or the scheduled maturity of the first series of
bonds issued to finance any part of the redevelopment project.
(b) Any transient guest tax levied pursuant to this section shall be based on the gross
rental receipts collected by any business.
(c) The taxes levied pursuant to this section shall be paid by the consumer or user to
the business and it shall be the duty of each and every business to collect from the consumer
or user the full amount of any such tax, or an amount equal as nearly as possible or
practicable to the average equivalent thereto. Each business collecting any of the taxes levied
hereunder shall be responsible for paying over the same to the state department of revenue
in the manner prescribed by K.S.A. 1998 Supp. 79-5303, and amendments thereto, and the
state department of revenue shall administer and enforce the collection of such taxes.'';
By renumbering sections accordingly;
On page 21, in line 1, after ``12-195,'', by inserting ``12-1771,''; in line 2, after ``74-8922,'';
by inserting ``74-8923,''; also in line 2, after ``74-8927,'' by inserting ``74-8930,''; in line 3, by
striking ``and'' and inserting a comma; also in line 3, after ``79-3703'', by inserting ``and 79-
5302'';
In the title, in line 13, after ``12-195,'', by inserting ``12-1771,''; in line 14, after ``74-
8922,'', by inserting ``74-8923,''; also in line 14, after ``74-8927,'', by inserting ``74-8930,'';
also in line 14, by striking ``and 79-3703'' and inserting ``, 79-3703 and 79-5302''; and the
bill be passed as amended.
Committee on Federal and State Affairs recommends SB 239, 279, 331 be not passed.
REPORT ON ENGROSSED BILLS
SB 344, 348; SCR 1616 reported correctly engrossed March 26, 1999.
SB 93 reported correctly re-engrossed March 26, 1999.
REPORT ON ENROLLED BILLS
SB 71, 86, 91, 162, 179, 267, 296, 311 reported correctly enrolled, properly signed
and presented to the Governor on March 26, 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
Goodwin in the chair.
Recommended that HB 2154, 2156, 2471 be passed.
Also HB 2015, 2101, 2136, 2146, 2150, 2168, 2191 be amended by adoption of the
committee amendments, and the bills be passed as amended.
SB 86 be amended by adoption of the committee amendments.
Senator Umbarger moved to amend the bill on page 2, line 39, by inserting ``and equal''
following the word ``assistance;''. The motion failed and the amendment was rejected.
The Committee recommended SB 86 be passed as amended by adoption of the
committee amendments.
Senator Emert requested unanimous consent to pass over Sub SB 329.
An objection being made, Senator Emert moved Senate Rule 53, allowing a 2/3 vote to
pass over the bill, when unanimous consent is denied.
Senator Oleen offered a substitute motion, citing Senate Rule 26 to place on the calendar
for debate date certain Wednesday, March 31, 1999.
The motion carried, and Sub SB 329 remains on the calendar under the heading of
General Orders for debate on Wednesday, March 31, 1999.
HB 2049 be amended by Senator Vratil on page 1, in line 35, after the period, by inserting
``For the purpose of such additional damages, the failure to pay shall not be deemed to
continue after the date of the filing of a petition in bankruptcy with respect to the employer
if he or she is adjudicated bankrupt upon such petition nor shall it be deemed to continue
after an appeal is filed under K.S.A. 44-322a, and amendments thereto, until the decision
on appeal becomes final.'', and the bill be passed as amended
HB 2074 be amended by adoption of the committee amendments, be further amended
by motion of Senator Praeger on page 1, by striking all in lines 28 through 43;
By striking all of pages 2 through 10;
On page 11, in line 1, by striking ``Sec. 33.'' and inserting in lieu thereof ``Section 1.'';
On page 12, in line 6, by striking ``34.'' and inserting ``2.'';
On page 13, in line 33, by striking ``35.'' and inserting ``3.'';
On page 14, in line 13, by striking ``36.'' and inserting ``4.''; in line 42, by striking ``37.''
and inserting ``5.'';
On page 15, in line 10, by striking ``38.'' and inserting ``6.''; in line 17, by striking ``39.''
and inserting ``7.''; in line 19, by striking ``33 to 38'' and inserting ``1 to 6''; by striking all in
lines 22 through 27;
And by renumbering sections accordingly;
On page 1, in the title, in line 14, by striking all after ``ACT''; by striking all in lines 15
and 16; in line 17, by striking all before ``relating''; in line 20, by striking all after ``sections'';
by striking all in lines 21 through 24; in line 25, by striking all before the period, and the
bill be passed as further amended.
Having voted on the prevailing side to pass HB 2221, Senator Emert moved to reconsider
its previous action. Motion carried.
Recommended HB 2221 be amended by motion of Senator Emert on page 1, in line 16,
after ``2'' by inserting ``and article 26'', and the bill be passed as amended.
HCR 5017 be amended by adoption of the committee report, and the concurrent
resolution be adopted as amended.
Sub HB 2322 be temporarily passed over.
HB 2357 be passed over and retain a place on the calendar.
SB 2141 be stricken from the calendar.
On motion of Senator Emert, the Senate recessed until 1:30 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
CHANGE OF REFERENCE
The President withdrew HB 2060, 2102, 2213, 2215, 2259, 2310; Sub HB 2322; HB
2352, 2362, 2380, 2404 from the calendar under the heading of General Orders, and
referred the bills to the Committee on Ways and Means.
The President withdrew SB 112, 113, 188 from the Committee on Education, and
referred the bills to the Committee on Ways and Means.
The President withdrew HB 2126 from the Committee on Judiciary, and referred the
bill to the Committee on Ways and Means.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2438.
Passage of SB 135.
Passage of SB 38, as amended, 126, as amended, 181, as amended; SB 287, as
amended by House Substitute for SB 287; SB 306, as amended by House Substitute
for SB 306.
The House accedes to the request of the Senate for a conference on SB 4 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 59 and has
appointed Representatives Adkins, Aurand and Minor as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 108 and has
appointed Representatives Boston, Geringer and Henry as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 169 and has
appointed Representatives Hayzlett, Ballou and Grant as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 186 and has
appointed Representatives Holmes, Sloan and McClure as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 230 and has
appointed Representatives Benlon, Powers and Welshimer as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 273 and has
appointed Representatives Hayzlett, Ballou and Larkin as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2035, requests a conference and
has appointed Representatives Hayzlett, Ballou and Larkin as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2092, requests a conference and
has appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2105, requests a conference and
has appointed Representatives Allen, Hutchins and E. Peterson as conferees on the part of
the House.
The House nonconcurs in Senate amendments to HB 2140, requests a conference and
has appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2142, requests a conference and
has appointed Representatives Hayzlett, Ballou and Larkin as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2276, requests a conference and
has appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House nonconcurs in Senate amendments to HB 2492, requests a conference and
has appointed Representatives Johnson, Humerickhouse and McClure as conferees on the
part of the House.
[j7]INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2438 was thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Steffes moved the Senate Concur in house amendments to SB 48.
SB 48, An act concerning insurance; relating to reinsurance; amending K.S.A. 40-3634
and K.S.A. 1998 Supp. 40-221a and repealing the existing sections.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The Senate concurred.
Senator Vidricksen moved the Senate Concur in house amendments to SB 169.
SB 169, An act relating to highways; designating a part of K-254 as the Senator Bill
Morris memorial highway; designating bridge no.008 as the Mike Hayden overpass bridge
and bridges no. 072 and no. 287 as the Herman G. Dillon bridges.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The Senate concurred.
Senator Hardenburger moved the Senate Concur in house amendments to SB 229.
SB 229, An act concerning elections; relating to appointment procedures for precinct
committees; amending K.S.A. 19-2606, 25-3801, and 72-7504 and repealing the existing
sections.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The Senate concurred.
On motion of Senator Steffes the Senate nonconcurred in the House amendments to
SB 3 and requested a conference committee be appointed.
The President appointed Senators Steffes, Praeger and Feleciano as a conference com-
mittee on the part of the Senate.
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 11 and requested a conference committee be appointed.
The President appointed Senators Langworthy, Corbin and Lee as a conference com-
mittee on the part of the Senate.
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 12 and requested a conference committee be appointed.
The President appointed Senators Langworthy, Corbin and Lee as a conference com-
mittee on the part of the Senate.
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 45 and requested a conference committee be appointed.
The President appointed Senators Langworthy, Corbin and Lee a conference committee
on the part of the Senate.
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 47 and requested a conference committee be appointed.
The President appointed Senators Langworthy, Corbin and Lee a conference committee
on the part of the Senate.
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 78 and requested a conference committee be appointed.
The President appointed Senators Langworthy, Corbin and Lee as a conference com-
mittee on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB 97 and requested a conference committee be appointed.
The President appointed Senators Emert, Pugh, Goodwin as a conference committee on
the part of the Senate.
On motion of Senator Praeger the Senate nonconcurred in the House amendments to
SB 107 and requested a conference committee be appointed.
The President appointed Senators Praeger, Salmans and Steineger as a conference com-
mittee on the part of the Senate.
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 124 and requested a conference committee be appointed.
The President appointed Senators Langworthy, Hardenburger and Lee as a conference
committee on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB 130 and requested a conference committee be appointed.
The President appointed Senators Emert, Vratil and Petty as a conference committee on
the part of the Senate.
On motion of Senator Corbin the Senate nonconcurred in the House amendments to
SB 132 and requested a conference committee be appointed.
The President appointed Senators Corbin, Morris and Biggs as a conference committee
on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to
H Sub for SB 150 and requested a conference committee be appointed.
The President appointed Senators Emert, Vratil and Goodwin as a conference committee
on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB 205 and requested a conference committee be appointed.
The President appointed Senators Emert, Vratil and Goodwin as a conference committee
on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB 207 and requested a conference committee be appointed.
The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to
SB 220 and requested a conference committee be appointed.
The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.
On motion of Senator Steffes the Senate nonconcurred in the House amendments to
SB 291 and requested a conference committee be appointed.
The President appointed Senators Steffes, Praeger and Feleciano as a conference com-
mittee on the part of the Senate.
On motion of Senator Salisbury the Senate nonconcurred in the House amendments to
SB 324 and requested a conference committee be appointed.
The President appointed Senators Kerr, Salisbury and Petty as a conference committee
on the part of the Senate.
CHANGE OF CONFERENCE
The President announced the appointment of Senator Feleciano as a member of the
Conference Committee on SB 108 to replace Senator Steineger.
ORIGINAL MOTION
On motion of Senator Langworthy, the Senate acceded to the request of the House for
a conference on HB 2071.
The President appointed Senators Langworthy, Kerr, Vidricksen, Petty and Lee as con-
ferees on the part of the Senate.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 86; HB, 2015, 2049, 2074, 2101, 2136, 2146, 2150, 2154, 2156, 2168, 2191,
2221, 2471; HCR 5017 were advanced to Final Action and roll call.
SB 86, An act concerning telecommunications; relating to the definition of enhanced
universal service; amending K.S.A. 1998 Supp. 66-1,187, 66-2001, 66-2002, 66-2005 and
66- 2009; also repealing K.S.A. 66-2012, 66-2013 and 66-2016 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 24, nays 16, present and passing 0; absent or not voting
0.
Yeas: Barone, Becker, Biggs, Bond, Brownlee, Donovan, Downey, Feleciano, Gilstrap,
Gooch, Goodwin, Hardenburger, Hensley, Jones, Jordan, Langworthy, Oleen, Petty, Prae-
ger, Ranson, Salisbury, Steineger, Stephens, Vidricksen.
Nays: Bleeker, Clark, Corbin, Emert, Harrington, Huelskamp, Kerr, Lawrence, Lee,
Morris, Pugh, Salmans, Steffes, Tyson, Umbarger, Vratil.
The bill passed, as amended.
HB 2015, An act concerning civil procedure; relating to service of process upon insurance
companies and fraternal benefit societies; amending K.S.A. 40-218 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2049, An act concerning payment of compensation; amending K.S.A. 44-315 and
K.S.A. 1998 Supp. 44-314 and repealing the existing sections, by Committee on Business,
was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2074, An act concerning the department of health and environment; abolishing the
department of health and environment, the division of health and the division of environ-
ment; creating the department of health and the department of environment; relating to
HIV infection; amending K.S.A. 65-6003, 65-6005 and 65-6007 and K.S.A. 1998 Supp. 65-
6001, 65-6002 and 65-6004 and repealing the existing sections; also repealing K.S.A. 75-
5601, 75-5602, 75-5603, 75-5604, 75-5605, 75-5606, 75-5607, 75-5608, 75-5609, 75-5610,
75-5610a, 75-5611, 75-5611a, 75-5612, 75-5613, 75-5616, 75-5617, 75-5618, 75-5619, 75-
5620, 75-5621, 75-5622, 75-5623, 75-5624, 75-5625, section 30 of this act and K.S.A. 1998
Supp. 74-72,102, was considered on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Jordan.
The bill passed, as amended.
HB 2101, An act concerning crimes, criminal procedure and punishment; relating to
sentencing; availability of presentence reports; amending K.S.A. 21-4605 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2136, An act concerning the Kansas tort claims act; relating to public officers and
employees, legal representation thereof before grand juries and inquisitions; amending
K.S.A. 75-6108 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2146, An act concerning expenditures related to certain wetlands; amending K.S.A.
1998 Supp. 32-846 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2150, An act concerning dispute resolution; relating to arbitration and mediation;
confidentiality of proceedings; amending K.S.A. 1998 Supp. 5-512, 23-605 and 60-452a and
repealing the existing sections; also repealing K.S.A. 23-606, was considered on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen,
Vratil.
Nays: Pugh.
The bill passed, as amended.
HB 2154, An act concerning probate; relating to execution and attestation of wills; self-
proved wills; amending K.S.A. 59-606 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
HB 2156, An act concerning corporations; relating to voting rights of stockholders;
amending K.S.A. 17-6502 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed.
HB 2168, An act authorizing physicians' assistants and advanced registered nurse prac-
titioners to prescribe drugs; amending K.S.A. 21-4214, 39-7,117, 65-669, 65-1130, 65-
2896e, 65-4116, 65-4123, 65-4134 and 65-4202 and K.S.A, 1998 Supp. 40-2123, 60-4403,
65- 1626, 65-1627, 65-1643, 65-1660, 65-2837a, 65-4101 and 79-3606 and repealing the
existing sections; also repealing K.S.A. 1998 Supp. 65-1627i, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2191, An act concerning schools and school districts; relating to safety and security;
prohibiting the withholding of pupil records; exempting certain persons from certification
of health requirements under certain circumstances; amending K.S.A. 72-5213 and 72-5386
and K.S.A. 1998 Supp. 38-1502, 38-1507, 38-1602, 38-1655, 72-89b02, 72-89b03 and 72-
89b04 and repealing the existing sections; also repealing K.S.A. 1998 Supp. 38-1502c and
38-1602a, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2221, An act concerning the code of civil procedure for limited actions; adopting by
reference certain provisions relating to liability for worthless checks and actions to collect
thereof; amending K.S.A. 1998 Supp. 61-1725 and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The bill passed, as amended.
HB 2471, An act establishing a district attorney's office in Reno county; amending K.S.A.
22a-107 and 79-5028 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 0, present and passing 2; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jones, Jordan, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Present and passing: Donovan, Kerr.
The bill passed.
HCR 5017, A CONCURRENT RESOLUTION urging Congress to direct the Environ-
mental Protection Agency to cease implementation of new restrictions for aluminum and
magnesium phosphide based grain fumigants and to ensure that risk mitigation allowances
for such grain fumigants are based on sound science and reliable information and to initiate
administrative rulemaking that ensures the Food Quality Protection Act is implemented in
a manner that utilizes sound science and real world data, protects the production, availability
and affordability of food and further urges Congress to conduct oversight hearings to ensure
EPA actions are consistent with Congressional intent, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The resolution was adopted, as amended.
ORIGINAL MOTION
Having voted on the prevailing side in Final Action on Thursday, March 25, 1999, Senator
Langworthy moved the Senate reconsider its adverse action on SB 346. The motion carried
and the bill was returned to Final Action. On motion of Senator Langworthy the bill was
returned to the calendar under the heading of General Orders.
CHANGE OF REFERENCE
The President withdrew HB 222
8 from the Committee on Ways
and Means, and rereferred the bill to
the Committee on Elections
and Local Government.
The President withdrew HB 219
7 from the Committee on Ways
and Means, and returned the bill to th
e calendar under the heading
of General Orders.
The President withdrew HB 207
5, 2082, 2224 from the
Committee on Ways and Means, and reref
erred the bills to the
Committee on Judiciary.
REPORTS OF STANDING COMMITTEES
Committee on Federal and State Affairs recommends SB 278 be amended on page 1,
by striking all in lines 13 through 18 and inserting:
``New Section 1. (a) Except as provided by this section, any person authorized to dis-
tribute samples of cigarettes or tobacco products shall notify the director not less than 14
days prior to any event at which at least 1,000 people are expected to be present and at
which such person will distribute samples. For good cause shown, the director may waive
the notice requirement. The notice required by this section shall include the date, time and
location at which distribution is to be made. Notice shall not be required if the distribution
of samples occurs at a privately-owned business, building or facility.'';
On page 3, by striking all in line 17 and inserting:
``Sec. 3. K.S.A. 79-3301 is hereby amended to read as follows: 79-3301. As used in this
the Kansas cigarette and tobacco products act:
(a) ``Carrier'' means one who transports cigarettes from a manufacturer to a wholesale
dealer or from one wholesale dealer to another.
(b) ``Carton'' means the container used by the manufacturer of cigarettes in which no
more than 10 packages of cigarettes are placed prior to shipment from such manufacturer.
(c) ``Cigarette'' means any roll for smoking, made wholly or in part of tobacco, irre-
spective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed
with any other ingredient if the wrapper is in greater part made of any material except
tobacco.
(d) ``Consumer'' means the person purchasing or receiving cigarettes or tobacco prod-
ucts for final use.
(e) ``Dealer'' means any person who engages in the sale or manufacture of cigarettes in
the state of Kansas, and who is required to be licensed under the provisions of this act.
(f) ``Dealer establishment'' means any location or premises, other than vending machine
locations, at or from which cigarettes are sold, and where records are kept.
(g) ``Director'' means the director of taxation.
(h) ``Distributor'' means: (1) Any person engaged in the business of selling tobacco
products in this state who brings, or causes to be brought, into this state from without the
state any tobacco products for sale; (2) any person who makes, manufactures, fabricates or
stores tobacco products in this state for sale in this state; or (3) any person engaged in the
business of selling tobacco products without this state who ships or transports tobacco prod-
ucts to any person in the business of selling tobacco products in this state; or (4) any person
who distributes samples of tobacco products in this state.
(i) ``Division'' means the division of taxation.
(j) ``License'' means, in addition to the privilege of a licensee to sell cigarettes or tobacco
products in the state of Kansas, the written evidence of such authority or privilege to so
operate as evidenced by any license issued by the director of taxation.
(k) ``Licensee'' means any person holding a current license issued pursuant to this act.
(l) ``Manufacturer's salesperson'' means a person employed by a cigarette manufacturer
who sells cigarettes, manufactured by such employer and procured from wholesale dealers.
(m) ``Meter imprints'' means tax indicia applied by means of ink printing machines.
(n) ``Package'' means a container in which no more than 25 individual cigarettes are
wrapped and sealed by the manufacturer of cigarettes prior to shipment to a wholesale
dealer.
(o) ``Person'' means any individual, partnership, society, association, joint-stock com-
pany, corporation, estate, receiver, trustee, assignee, referee or any other person acting in
a fiduciary or representative capacity whether appointed by a court or otherwise and any
combination of individuals.
(p) ``Received'' means the coming to rest of cigarettes for sale by any dealer in the state
of Kansas.
(q) ``Retail dealer'' means a person, other than a vending machine operator, in posses-
sion of cigarettes for the purpose of sale to a consumer.
(r) ``Sale'' means any transfer of title or possession or both, exchange, barter, distribution
or gift of cigarettes or tobacco products, with or without consideration.
(s) ``Sample'' means cigarettes or tobacco products distributed to members of the gen-
eral public at no cost for purposes of promoting the product.
``Sample'' shall not mean an offer or the practice of ``buy one, get one free.''
(t) ``Stamps'' means tax indicia applied either by means of water applied gummed paper
or heat process.
(u) ``Tax indicia'' means visible evidence of tax payment in the form of stamps or meter
imprints.
(v) ``Tobacco products'' means cigars, cheroots, stogies, periques; granulated, plug cut,
crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour; cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings
and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner
as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and
smoking. Tobacco products does not include cigarettes.
``Tobacco products'' shall not mean cigarettes.
(w) ``Vending machine'' means any coin operated machine, contrivance or device, by
means of which merchandise may be sold.
(x) ``Vending machine distributor'' means any person who sells cigarette vending ma-
chines to a vending machine operator operating vending machines in the state of Kansas.
(y) ``Vending machine operator'' means any person who places a vending machine,
owned, leased or operated by such person, at locations where cigarettes are sold from the
machine. The owner or lessee of the premises upon which a vending machine is placed shall
not be considered the operator of the machine, nor shall the owner or lessee, or any em-
ployee or agent of the owner or lessee be considered an authorized agent of the vending
machine operator, if the owner or lessee does not own or lease the machine and the owner's
or lessee's sole remuneration from the machine is a flat rental fee or commission based
upon the number or value of cigarettes sold from the machine, or a combination of both.
(z) ``Wholesale dealer'' means any person who sells cigarettes to other wholesale dealers,
retail dealers, vending machine operators and manufacturer's salespersons for the purpose
of resale in the state of Kansas.
(aa) ``Wholesale sales price'' means the original net invoice price for which manufacturer
sells a tobacco product to a distributor, as shown by the manufacturer's original invoice.
Sec. 4. K.S.A. 79-3302 is hereby amended to read as follows: 79-3302. (a) K.S.A. 79-
3301 through 79-3304, 79-3306, 79-3309, 79-3310, 79-3311, 79-3312, 79-3312a, 79-3313,
79-3316, 79-3321, 79-3322, 79-3323, 79-3324a, 79-3326, 79-3328, 79-3329, 79-3371, 79-
3373, 79-3374, 79-3375, 79-3377, 79-3378, 79-3379, 79-3387, 79-3388, 79-3391, 79-3392,
79-3393 and 79-3394 and section 1, and amendments thereto, shall be known and may be
cited as the Kansas cigarette and tobacco products act.
(b) It is the purpose and intent of this act to regulate the sale of cigarettes and tobacco
products in this state and to impose a tax thereon.
Sec. 5. K.S.A. 79-3301, 79-3302 and 79-3321 are hereby repealed.'';
By renumbering sections accordingly;
In the title, in line 10, by striking all after ``K.S.A.'' and inserting ``79-3301, 79-3302 and
79-3321 and repealing the existing sections.''; and the bill be passed as amended.
STRICKEN FROM THE CALENDAR
On motion of Senator Emert HB 2141 was stricken from the calendar.
On motion of Senator Emert the Senate adjourned until 10:00 a.m., Monday, March 29,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.