The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
The roll was called with 123 members present.
Rep. Holmes was excused on verified illness.
Rep. Howell was excused on excused absence by the Speaker.
Prayer by guest chaplain, the Rev. Michael Mulvaney, St. Patrick's Catholic Church,
Osage City, and guest of Rep. Humerickhouse:
God of goodness, you guide each step of our journey and each moment of
our day.
Your greatness has been seen throughout all time as you have carefully
watched over humanity. You once saved a people from slavery and brought
them into the promised land. And in your infinite love, you sent us your Son
to bring true freedom to all people.
Help us Lord to recognize your Son in each other, and in the faces of the
marginal and outcast of our world. Help us remember that all people are
formed in your image, and grant us a greater respect for life.
Watch over this chamber; grant hearts of wisdom and understanding to
your servants here.
We ask this through Christ our Lord. Amen.
The Pledge of Allegiance was led by Rep. Crow.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 3035, An act concerning cigarettes and tobacco products; relating to administrative
fines and penalties; amending K.S.A. 1999 Supp. 79-3391 and repealing the existing section,
by Committee on Federal and State Affairs.
HB 3036, An act concerning state educational institutions; relating to tuition and in-
creases in the rate thereof, by Committee on Federal and State Affairs.
HB 3037, An act concerning retirement and pensions; relating to the Kansas public
employees retirement system; normal retirement date; amending K.S.A. 1999 Supp. 74-
4914 and repealing the existing section, by Committee on Appropriations.
HB 3038, An act concerning retirement; relating to deferred compensation plan for state
employees; administration and duties of the Kansas public employees retirement system
board of trustees; amending K.S.A. 75-5521, 75-5523, 75-5524, 75-5528, 75-5529, 75-5529a
and 75-5529b and K.S.A. 1999 Supp. 75-5525 and repealing the existing sections; also re-
pealing K.S.A. 1999 Supp. 75-5529c, by Committee on Appropriations.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 3032.
Federal and State Affairs: HB 3033, 3034.
MESSAGE FROM THE GOVERNOR
March 15, 2000
Message to the House of Representatives of the State of Kansas:
Enclosed herewith is Executive Order No. 00-04 for your information.
EXECUTIVE ORDER No. 00-04
Prevention and remediation of state's aquifers.
Bill Graves
Governor
The above Executive Order is on file and open for inspection in the office of the Chief
Clerk.
COMMUNICATIONS FROM STATE OFFICERS
From The Kansas Coalition for Workplace Safety, Workers Compensation in Kansas,
prepared by labor Research Association, February 2000.
From Wichita State University, Center for Economic Development and Business
Research, Kansas Economic Report, Spring 2000.
From Charles R. Ranson, President, Kansas, Inc., as required by K.S.A. 74-8017, Sales
Tax Exemption and Economic Development Income Tax Credits Report, January 2000.
From Mark S. Beck, Director of Property Valuation, Department of Revenue, as required
by K.S.A. 1996 Supp. 79-1490, 1999 Preliminary Ratio Study.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
MESSAGE FROM THE SENATE
The Senate accedes to the request of the House for a conference on HB 2641 and has
appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2862 and has
appointed Senators Lawrence, Langworthy and Downey as conferees on the part of the
Senate.
INTRODUCTION OF ORIGINAL MOTIONS
In accordance with subsection (b) of House Rule 1309, Rep. Alldritt moved that SB 431
be withdrawn from Committee on Judiciary and be placed on the calendar as the first order
of business under the order of business General Orders.
(The Chief Clerk of the House of Representatives is requested to read this motion and
cause it to be printed in the Calendar of March 16, 2000, under the order of business
``Consideration of Motions and House Resolutions Offered on a Previous Day'' as provided
by House Rule 1309 (b).)
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
On motion of Rep. Shriver, HR 6015, A resolution in memory of David Mills, was
adopted.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2588, An act relating to income taxation; allowing net operating loss carrybacks;
amending K.S.A. 79-32,143 and repealing the existing section, was considered on final
action.
On roll call, the vote was: Yeas 101; Nays 22; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: There are many reasons to manipulate the tax code, ranging from transfer
of wealth, to economic development, to economic relief, to tax reduction. But by what ever
standards you judge the responsibility of legislators, extending $6,400,000 in tax benefits to
two groups of taxpayers in an operating year when we are not certain we will be able to
adequately fund social services for those in need, or live up to a previous funding
commitment to public education, HB 2588 is the height of political gamesmanship, and
folly. I vote no.--Ward Loyd, Gerry Ray, Ray Cox
HB 2715, An act relating to property taxation; concerning the valuation of land devoted
to agricultural use; limiting certain valuation increases; amending K.S.A. 75-5105 and K.S.A.
1999 Supp. 79-1476 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 77; Nays 46; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: HB 2715 is a no vote. Just as was done by the amendment to SB 226 last
year, out of frustration this body corrupts a good bill by punishing local government for the
problems of the state system of property valuation, a system over which the locals have no
control; a system this body acknowledges is flawed, but refuses to fix. Capping valuation
addresses neither the concern nor the problem of property taxation, it only punishes those
we elect to serve us at home. Don't let a flawed message flaw the messenger.--Ward Loyd,
Gerry Ray, Bill Light, Ray Cox
Mr. Speaker: I vote no on HB 2715. This is a quote from the 1999 Interim Tax
Committee Report. ``The Committee finds that assessed valuation caps have the potential
to cause dramatic unintended shifts of the property tax burden. One such shift could cause
the property tax to become more regressive by shifting more of the burden away from
propoerties with rapidly increasing values toward properties with stagnant or even declining
values. A second shift could move more of the property tax burden away from real estate
and increase the burden on commercial and industrial machinery and equipment and oil
and gas properties.--Vaughn Flora
HB 2732, An act relating to transfers of specified funds; concerning funding for the
Kansas sports hall of fame; relating to special education funding, was considered on final
action.
Call of the House was demanded.
On roll call, the vote was: Yeas 60; Nays 63; Present but not voting: 0; Absent or not
voting: 2.
Mr. Speaker: I vote no on HB 2732 because I do not believe we should fund a federal government promise on the backs of Kansas taxpayers.--Garry Boston
Mr. Speaker: Last year when it was suggested we promise 3 years of educational funding,
at $50 BSAPP, it sounded great, so we did. One year later we may not be able to find the
money. So now we want to bind ourselves and future legislators to a $30 to $50 million
demand transfer in the name of special education? Again, sounds great because it's for the
kids. But we will choke to death along with every other state program trying to fund it. In
keeping with my commitment to my constituents to exercise responsibility, I vote no on HB 2732.--Ward Loyd, Gerry Ray, Ray Cox, Don Myers, Carl Krehbiel
Mr. Speaker: I vote no on HB 2732. While I support the bill's intention to better fund
special education, the measure places an impossible burden on the state's budget. During
a time when revenues lag behind predictions, the state's 2001 budget is strapped. Some
believe the 2002 budget may be worse. The fiscal estimates for this bill range between $30
and $50 million. I cannot commit to a promise of funding that may not be able to be kept-
even for something as fundamental as special education. The legislature must know Kansas'
2002 financial standing before making this important decision.--Kent Glasscock
HB 3009, An act concerning the judicial council; relating to the publications fee fund;
authorizing certain fees and donations, was considered on final action.
On roll call, the vote was: Yeas 117; Nays 6; Present but not voting: 0; Absent or not
voting: 2.
On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Wells in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Wells, Committee of the Whole report, as follows, was adopted:
Recommended that committee report to HB 2838 be adopted; also, on motion of Rep.
Gatewood to amend, Rep. Powell requested a ruling on the amendment being germane to
the bill. The Rules Chair ruled the amendment not germane. Rep. Klein challenged the
ruling, the question being ``Shall the Rules Chair be sustained?'' Roll call was demanded.
On roll call, the vote was: Yeas 72; Nays 49; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Adkins, Holmes, Howell, Mayans.
The Rules Chair was sustained; and HB 2838 be passed as amended.
Committee report to SB 487 be adopted; also, on motion of Rep. McKinney to amend,
Rep. Loyd requested a ruling on the amendment being germane to the bill. The Rules Chair
ruled the amendment germane. The question then reverted back and roll call was demanded
on the motion of Rep. McKinney to amend on page 1, preceding line 31, by inserting the
following:
``New Sec. 3. (a) In any year in which the sum of the amount by which the actual general
fund receipts for the fiscal year ending in such year exceeds the original joint estimate of
revenue to the state general fund for that fiscal year prepared pursuant to K.S.A. 75-6701,
and amendments thereto, as adjusted for legislative changes during May of such calendar
year, by more than $50,000,000, 50% of such amount shall be transferred from the state
general fund to the state debt reduction fund.
(b) There is hereby established in the state treasury the state debt reduction fund which
shall be administered by the state treasurer. All expenditures from the state debt reduction
fund shall be for the purpose of providing funding for retirement or defeasement of bonds
issued for programs and capital improvement projects for state agencies. The Kansas
development finance authority shall determine whether optional, early redemption of bonds
which become callable during the fiscal year for which the state debt reduction fund is
appropriated should be called for redemption or defeasance, or whether it is more fiscally
prudent to make expenditures from the state debt reduction fund to retire bonds maturing
in the fiscal year for which the state debt reduction fund is appropriated, which bonds would
otherwise be retired from payments from the state general fund. Such expenditures shall
be made in accordance with this section upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the state treasurer or the treasurer's
designee.
(c) On or before the 10th day of each month, the director of accounts and reports shall
transfer from the state general fund to the state debt reduction fund interest earnings based
on: (1) The average daily balance of moneys in the state debt reduction fund for the
preceding month; and (2) the net earnings rate of the pooled money investment portfolio
for the preceding month.'';
And by renumbering sections accordingly;
In the title, in line 10, after the semicolon, by inserting ``powers, duties and functions
relating to certain bonded public debt;'';
On roll call, the vote was: Yeas 79; Nays 42; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Adkins, Hermes, Holmes, Howell.
The motion of Rep. McKinney prevailed; and SB 487 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Agriculture recommends HB 3026 be passed.
The Committee on Agriculture recommends HCR 5070 be adopted.
The Committee on Environment recommends SB 568 be amended by substituting a
new bill to be designated as ``HOUSE Substitute for SENATE BILL No. 568,'' as follows:
``HOUSE Substitute for SENATE BILL No. 568
By Committee on Environment
AN ACT concerning big game; relating to deer permits; concerning reduction of certain
deer and big game populations; relating to reduction of deer-related motor vehicle
accidents; relating to penalties for certain crimes; amending K.S.A. 32-1032 and K.S.A.
1999 Supp. 32-937 and 32-965 and repealing the existing sections.'';
and the substitute bill be passed.
(H. Sub. for SB 568 was thereupon introduced and read by title.)
The Committee on Health and Human Services recommends SB 510, as amended by
Senate Committee, be amended on page 4, in line 30, by striking the comma and inserting
``who is either''; in line 31, after ``Kansas'' by inserting ``or who is eligible to be licensed in
Kansas and has an application to be licensed in Kansas pending'';
On page 6, in line 19, by striking ``of a certificate and of a type'';
On page 16, in line 1, after ``(a)'' by inserting ``(1)''; in line 7, by striking ``a federally
qualified health center,''; after line 10, by inserting the following:
``(2) Notwithstanding any other provision of the dental practices act, a federally qualified
health center or national health service corps site may employ or otherwise contract with a
person licensed under the dental practices act to provide services to any person except that
a federally qualified health center and a clinic employing a national health service corps
dentist shall report annually to the health care reform legislative oversight committee
indicating the income level of their patients and the percentage of patients covered by dental
insurance in the preceding year.'';
Also on page 16, in line 16, by striking ``medical and hospital care or''; in line 18, after
``(3)'' by inserting: ``eligible for the Kansas federal children's health insurance program; or
(4) eligible for other publicly funded health care programs as defined by the Kansas dental
board; or (5)''; in line 42, before the period, by inserting: ``, except that no such rule and
regulation shall alter or affect the intent of paragraph (2) of subsection (a)''; and the bill be
passed as amended.
The Committee on Health and Human Services recommends SB 512, as amended
by Senate Committee, be amended on page 1, in line 28, by striking ``class A person''; in
line 29, by striking ``misdemeanor'' and inserting ``severity level 7, person felony''; and the
bill be passed as amended.
The Committee on Insurance recommends SB 441, 458 be passed and, because the
committee is of the opinion that the bills are of a noncontroversial nature, be placed on the
consent calendar.
The Committee on Insurance recommends SB 574 be amended on page 1, in line 24,
after the comma where it appears for the first time, by inserting ``a pharmacy registered
with the state board of pharmacy,'';
On page 2, in line 27, by striking all after ``sold''; in line 28, by striking ``moted, advertised'';
also in line 28, by striking ``otherwise''; and the bill be passed as amended.
The Committee on Taxation recommends HB 2721 be amended on page 4, in line 41,
after ``production'' by inserting ``decline'' and the bill be passed as amended.
The Committee on Taxation recommends SB 502, as amended by Senate Committee,
be amended on page 2, in line 7, by striking ``statute book'' and inserting ``Kansas register''
and the bill be passed as amended.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and concurrent resolution were thereupon introduced and read by
title:
HB 3039, An act relating to consumer protection; prohibiting certain acts, by Committee
on Appropriations.
HB 3040, An act concerning mental health centers; amending K.S.A. 39-1604 and 75-
3307b and repealing the existing sections, by Committee on Appropriations.
HB 3041, An act relating to income taxation; concerning the credit for research and
development activities; amending K.S.A. 79-32,182 and repealing the existing section, by
Committee on Taxation.
HOUSE CONCURRENT RESOLUTION No. 5075--
By Representatives Lightner and Landwehr
A CONCURRENT RESOLUTION establishing a task force on fetal tissue
research and transplantation.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That a task force on fetal tissue research and transplantation be established to
study the Kansas laws and rules and regulations, as well as other states and any federal laws
and rules and regulations, relating to fetal tissue research and transplantation; to review
specifically the medical, legal and ethical opinions regarding fetal tissue research and organ
donation; seek input from individuals with expertise in the area of organ donation and fetal
tissue research and people having a medical condition that could be affected by fetal tissue
research; practices and handling procedures for fetal tissue and organs occurring in Kansas;
and such other matters relating thereto as the task force deems appropriate; and
Be it further resolved: That the task force shall consist of 14 members appointed as
follows: Three members of the Senate appointed by the President of the Senate, three
members of the House of Representatives appointed by the Speaker of the House of
Representatives, two members of the Senate appointed by the minority leader of the Senate,
two members of the House of Representatives appointed by the minority leader of the
House of Representatives, and four members appointed by the Governor; and
Be it further resolved: That of the four members appointed by the Governor, one such
member shall be a person authorized to practice medicine and surgery and one such member
shall be an organ donor specialist; and
Be it further resolved: That the first meeting of the task force shall be called by the first
person appointed by the Governor; and
Be it further resolved: That the task force shall elect the chairperson and vice-
chairperson at the first meeting from among the legislator members of the task force; and
Be it further resolved: That staffing shall be available from the revisor of statutes office
and the legislative research department if authorized by the legislative coordinating council;
and
Be it further resolved: That members of the task force shall receive reimbursement for
attending meetings of the task force as authorized by the legislative coordinating council
consistent with the provisions of K.S.A. 46-1209, and amendments thereto; and
Be it further resolved: That the task force shall submit a final report, recommendations
and any draft legislation to the 2001 legislature and to the governor.
MESSAGES FROM THE GOVERNOR HB 2598, 2652, 2661, 2662, 2756 approved on March 15, 2000.
REPORT ON ENGROSSED BILLS Sub. HB 2322; HB 2588, 2655, 2715, 2732, 3009 reported correctly engrossed March
14, 2000.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, March
16, 2000.