April 27, 2000
Journal of the Senate
SIXTY-THIRD DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, April 27, 2000--10:00 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,
We are trying to wrap this session up.
Help us to wrap it up with dignity.
Help us to wrap it up with civility.
Help us to wrap it up completely.
Help us to wrap it up cooperatively.
Help us to wrap it up attractively.
Help us to wrap it up quietly.
Help us to wrap it up speedily.
I pray in Jesus' Name,
AMEN
GUEST OF THE SENATE
Senator Salisbury introduced as a special guest of the Senate, Jeneka Joyce, who has been
named the Kansas Basketball Coaches Association's Miss Kansas Basketball for the 1999-
2000 season and to Parade's All-American Team. A student at Washburn Rural High School
with a 4.3 grade point average, Miss Joyce was also named to her third straight All-State
and All-City teams; was Gatorade's Kansas player of the year; was selected as the Kansas
State High School Hall of Fame's Class 6A player of the year; and will be a member of the
University of Notre Dame Women's Basketball team. Accompanying her to the Senate were
her parents, Patricia and Terry Joyce; her coach, Bill Annan and the principal of Washburn
Rural High School, Bill Edwards.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committee as indicated:
Committee of the Whole: SB 672, 673; SR 1848.
REFERRAL OF APPOINTMENTS
The following appointment made by the Governor and submitted to the senate for
confirmation, was referred to Committee as indicated:
Member, Kansas Performance Review Board, Catherine Logan, effective upon the date of
confirmation by the Senate to serve a four-year term expiring June 30, 2002.
(Commerce)
CHANGE OF REFERRAL OF APPOINTMENT
The President withdrew the appointment of Catherine Logan, member, Kansas
Performance Review Board, from the Committee on Commerce and referred the
appointment to the Committee on Confirmation Oversight.
MESSAGE FROM THE HOUSE
Announcing the House adopts the conference committee report on SB 432.
Announcing passage of HB 3052.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 3052 was thereupon introduced and read by title.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: SB 366,
432; HB 2929.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 366, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 14, in line 24, before ``A'', by inserting ``(a)'';
On page 17, in line 11, by striking ``other than an agricultural lien,'';
On page 60, in line 40, by striking ``local'';
On page 132, in line 10, by striking ``a finding'' and inserting ``findings''; in line 16, by
striking all after ``status''; in line 17, by striking all before the comma; in line 18, after ``priate''
by inserting ``, including an order setting aside the lien and directing the filing officer to
nullify the lien instrument or, if the lien or claim was filed pursuant to the uniform
commercial code, an order acting as a termination statement filed pursuant to such code'';
in line 22, by striking ``(b)'' and inserting ``(2)''; in line 40, by striking ``(2)'' and inserting
``(3)''; in line 42, by striking ``(c)'' and inserting ``(b)''; also in line 42, by striking ``finding''
and inserting ``findings'';
On page 133, in line 3, by striking ``finding'' and inserting ``findings''; in line 5, by striking
``(d)'' and inserting ``(c)''; also in line 5, by striking ``an''; in line 6, by striking ``finding'' and
inserting ``findings''; also in line 6, by striking ``conclusion'' and inserting ``conclusions''; in
line 10, after the period by inserting ``The court's findings of fact and conclusions of law
may include an order setting aside the lien and directing the filing officer to nullify the lien
instrument purporting to create the lien or claim. If the lien or claim was filed pursuant to
the uniform commercial code, such order shall act as a termination statement filed pursuant
to such code.''; in lines 12, 13 and 16, by striking ``finding'' and inserting ``findings''; also in
lines 12, 13 and 16, by striking ``conclusion'' and inserting ``conclusions''; in line 18, by
striking ``(e)'' and inserting ``(d)''; also in line 18, by striking ``conclusion'' and inserting
``conclusions''; in line 25, by striking ``Finding'' and inserting ``Findings''; also in line 25, by
striking ``Conclusion'' and inserting ``Conclusions'';
On page 134, in line 13, before ``the'', by inserting ``of''; also in line 13, by striking ``or''
the second time it appears; in line 16, by striking the period and inserting ``; or''; after line
16, by inserting:
``(5) SHALL BE set aside and the filing officer shall nullify the lien instrument and in
the case of a lien or claim filed pursuant to the uniform commercial code, the court order
shall act as a termination statement pursuant to such code.'';
Also on page 134, in line 17, by striking ``This'' and inserting ``Except as otherwise
provided, this''; also in line 17, by striking ``finding'' and inserting ``findings''; in line 18, by
striking ``finding'' and inserting ``findings''; also in line 18, by striking ``conclusion'' and
inserting ``conclusions''; by striking all in line 22; in line 23, by striking all before the period
and inserting ``file the findings of fact and conclusions of law in the same class of records
as the subject documentation or instrumentation originally filed, and the court directs the
filing officer to index the findings and conclusions using the same names that were used in
indexing the subject documentation or instrument''; in line 28, by striking ``(f)'' and inserting
``(e)''; in line 43, by striking ``(g)'' and inserting ``(f)'';
\ And your committee on conference recommends the adoption of this report.
Michael O'Neal
Tim Carmody
Janice L. Pauls
Conferees on the part of House
Tim Emert
John Vratil
Greta Goodwin
Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee Report on SB 366.
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,
Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger,
Vidricksen, Vratil.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House
amendments to SB 432, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 1, in line 19, before ``Section'', by inserting ``New''; in line 20, by striking ``may''
and inserting ``shall''; in line 32, by striking ``adopt''; in line 33, by striking all before ``the''
and inserting ``pay'';
On page 2, following line 33, by inserting a new paragraph as follows:
``(g) The provisions of this section shall expire on June 30, 2001.'';
Also on page 2, in line 34, before ``Sec.'', by inserting ``New'';
On page 3, by striking all of lines 36 through 43;
On page 4, by striking all of lines 1 through 43;
On page 5, by striking all of lines 1 through 20; following line 20, by inserting 8 new
sections as follows:
``New Sec. 3. As used in sections 3 through 6 and amendments thereto:
(a) ``Mentor teacher program'' means a program established and maintained by the
board of education of a school district for the purpose of providing probationary teachers
with professional support and the continuous assistance of an on-site mentor teacher.
(b) ``Mentor teacher'' means a certificated teacher who has completed at least three
consecutive school years of employment in the school district, has been selected by the
board of education of the school district on the basis of having demonstrated exemplary
teaching ability as indicated by criteria established by the state board of education, and has
participated in and successfully completed a training program for mentor teachers provided
for by the board of education of the school district in accordance with guidelines prescribed
by the state board of education. The primary function of a mentor teacher shall be to provide
probationary teachers with professional support and assistance. A mentor teacher may
provide assistance and guidance to not more than two probationary teachers.
(c) ``Probationary teacher'' means a certificated teacher to whom the provisions of K.S.A.
72-5438 through 72-5443, and amendments thereto, do not apply.
New Sec. 4. (a) The board of education of each school district may establish and
maintain a mentor teacher program and, commencing with the 2001-02 school year, may
apply for a grant of state moneys for the purpose of providing stipends for mentor teachers.
(b) To be eligible to receive a grant of state moneys for maintenance of a mentor teacher
program, a board of education shall submit to the state board of education an application
for a grant and a description of the program. The application and description shall be
prepared in such form and manner as the state board shall require and shall be submitted
at a time to be determined and specified by the state board. Approval by the state board of
the program and the application is prerequisite to the award of a grant.
(c) Each board of education which is awarded a grant for maintenance of a mentor
teacher program shall make such periodic and special reports of statistical and financial
information to the state board of education as it may request.
New Sec. 5. (a) On or before January 1, 2001, the state board of education shall adopt
rules and regulations for the administration of mentor teacher programs and shall:
(1) Establish standards and criteria for evaluating and approving mentor teacher
programs and applications of school districts for grants;
(2) evaluate and approve mentor teacher programs;
(3) establish criteria for determination of exemplary teaching ability of certificated
teachers for qualification as mentor teachers;
(4) prescribe guidelines for the selection by boards of education of mentor teachers and
for the provision by boards of education of training programs for mentor teachers;
(5) be responsible for awarding grants to school districts; and
(6) request of and receive from each school district which is awarded a grant for
maintenance of a mentor teacher program reports containing information with regard to
the effectiveness of the program.
(b) Subject to the availability of appropriations for mentor teacher programs maintained
by school districts, and within the limits of any such appropriations, the state board of
education shall determine the amount of grants to be awarded school districts by multiplying
an amount not to exceed $1,000 by the number of mentor teachers participating in the
program maintained by a school district. The product is the amount of the grant to be
awarded to the district. Upon receipt of a grant of state moneys for maintenance of a mentor
teacher program, the amount of the grant shall be deposited in the general fund of the
school district. Moneys deposited in the general fund of a school district under this
subsection shall be considered reimbursements for the purpose of the school district finance
and quality performance act. The full amount of the grant shall be allocated among the
mentor teachers employed by the school district so as to provide a mentor teacher with an
annual stipend in an amount not to exceed $1,000. Such annual stipend shall be over and
above the regular salary to which the mentor teacher is entitled for the school year.
New Sec. 6. The state board of education shall provide any board, upon request, with
technical advice and assistance regarding the establishment and maintenance of a mentor
teacher program or an application for a grant of state moneys.
Sec. 7. K.S.A. 1999 Supp. 72-8902 is hereby amended to read as follows: 72-8902. (a)
(1) Except as authorized in provision (2), A suspension may be for a short term not exceeding
five 10 school days, or for an extended term not exceeding 90 school days. An expulsion
may be for a term not exceeding 186 school days. If a suspension or expulsion is for a term
exceeding the number of school days remaining in the school year, any remaining part of
the term of the suspension or expulsion may be applied to the succeeding school year.
(2) A short-term suspension may be imposed for not more than 10 school days if a pupil:
(A) Carries a weapon to school, onto school property, or to a school supervised activity; (B)
knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance
while at school, on school property or at a school supervised activity; or (C) has engaged in
behavior which resulted in, or was substantially likely to have resulted in, injury to the pupil
or to others.
(3) For the purposes of this provision, the following definitions apply: (A) ``Controlled
substance'' means a drug or other substance identified under schedules I, II, III, IV, or V
in 21 U.S.C. 812(c); (B) ``illegal drug'' means a controlled substance but does not include
such a substance that is legally possessed or used under the supervision of a licensed health-
care professional or that is legally possessed or used under any other authority under any
federal or state law; and (C) ``weapon'' means a weapon, device, instrument, material, or
substance, animate or inanimate, that is used for, or is readily capable of, causing death or
serious bodily injury, except that such term does not include a pocket knife with a blade of
less than 21/2 inches in length.
(b) (1) Except as authorized in provision (2), no suspension for a short term shall be
imposed upon a pupil without giving the pupil notice of the charges and affording the pupil
an opportunity for a hearing thereon. The notice may be oral or written and the hearing
may be held immediately after the notice is given. The hearing may be conducted informally
but shall include the following procedural due process requirements: (A) The right of the
pupil to be present at the hearing; (B) the right of the pupil to be informed of the charges;
(C) the right of the pupil to be informed of the basis for the accusation; and (D) the right
of the pupil to make statements in defense or mitigation of the charges or accusations.
Refusal of a pupil to be present at the hearing will constitute a waiver of the pupil's
opportunity for a hearing.
(2) A short-term suspension may be imposed upon a pupil forthwith, and without
affording the pupil a hearing if the presence of the pupil endangers other persons or property
or substantially disrupts, impedes or interferes with the operation of the school.
(c) A written notice of any short-term suspension and the reason therefor shall be given
to the pupil involved and to the pupil's parent or guardian within 24 hours after the
suspension has been imposed and, in the event the pupil has not been afforded a hearing
prior to any short-term suspension, an opportunity for an informal hearing shall be afforded
the pupil as soon thereafter as practicable but in no event later than 72 hours after such
short-term suspension has been imposed. Any notice of the imposition of a short-term
suspension that provides an opportunity for an informal hearing after such suspension has
been imposed shall state that failure of the pupil to attend the hearing will result in a waiver
of the pupil's opportunity for the hearing.
(d) No suspension for an extended term and no expulsion shall be imposed upon a pupil
until an opportunity for a formal hearing thereon is afforded the pupil. A written notice of
any proposal to suspend for an extended term or to expel from school, and the charges upon
which the proposal is based shall be given to the pupil proposed to be suspended or expelled
from school, and to the pupil's parent or guardian. Any notice of a proposal to suspend for
an extended term or to expel from school shall state the time, date and place that the pupil
will be afforded an opportunity for a formal hearing, and that failure of the pupil and the
pupil's parent or guardian to attend the hearing will result in a waiver of the pupil's
opportunity for the hearing. The hearing shall be held not later than 10 days after the date
of the notice. The notice shall be accompanied by a copy of this act and the regulations of
the board of education adopted under K.S.A. 72-8903, and amendments thereto.
(e) Whenever any written notice is required under this act to be given to a pupil or to
a pupil's parent or guardian, it shall be sufficient if the notice is mailed to the address on
file in the school records of the pupil. In lieu of mailing the written notice, the notice may
be personally delivered.
(f) A formal hearing on a suspension or expulsion may be conducted by any certificated
employee person or committee of certificated employees persons authorized by the board
of education to conduct the hearing.
Sec. 8. K.S.A. 1999 Supp. 72-8904 is hereby amended to read as follows: 72-8904. (a)
Written notice of the result of any hearing imposing an extended-term suspension or an
expulsion from school shall be given to the pupil suspended or expelled from school, and
to the parents or guardians of the pupil within 24 hours after determination of such result.
(b) Any pupil, age 18 or older, who has been suspended for an extended term or
expelled, or one of the pupil's parents or guardians of a pupil under age 18, may appeal
such suspension or expulsion to the board of education of the school district by filing a
written notice of appeal with the clerk of the board of education not later than 10 calendar
days after receiving the written notice. Any such appeal shall be heard by the board of
education, or by a hearing officer appointed by such board, not later than 20 calendar days
after such notice of appeal is filed. The pupil and the pupil's parents or guardians shall be
notified in writing of the time and place of the appeal hearing at least five days prior thereto.
Such appeal shall be conducted under rules which are consonant with K.S.A. 72-8903, and
amendments thereto. The decision on any such appeal shall be rendered not later than five
days after the conclusion of the appeal hearing.
(c) For the purpose of hearing an appeal of an extended-term suspension or an
expulsion, the board of education may appoint one or more hearing officers. Any such
hearing officer shall be a member of the board of education, a certificated employee of the
school district, or an attorney admitted to the practice of law in this state. Any such
appointment shall apply to a particular hearing or to a set or class of hearings as specified
by the board of education in making the appointment. Whenever a hearing officer appointed
under authority of this section hears any appeal, the hearing officer shall prepare a written
report thereon to the board of education. After receiving any such report, the board of
education shall determine the matter with or without additional hearing. Any matter
determined by the board of education in accordance with this subsection shall be valid to
the same extent as if the matter were fully heard by the board of education without a hearing
officer.
New Sec. 9. (a) The state board of education shall prepare a strategy for identifying,
developing, and implementing a mastery of basic reading skills program in kindergarten and
each of grades one through three of school districts based upon the goal of mastery of basic
reading skills by pupils upon completion of the third grade. In carrying out this directive,
the state board shall:
(1) Identify state standards and outcomes of mastery of basic reading skills in
kindergarten and each of grades one through three;
(2) prepare a plan for monitoring the progress of pupils in kindergarten and at each
applicable grade level in achieving mastery of basic reading skills; and
(3) specify the means to be used for determining mastery of basic reading skills by each
pupil upon completion of grade three.
(b) The state board's strategy shall include a component for requiring school districts
to provide interventions for pupils who are not making satisfactory progress toward
mastering basic reading skills such as, but not limited to, a restructured school day, additional
school days, summer school, or individualized instruction.
(c) The state board of education shall report to the 2001 legislature a strategy and
proposed plan for implementing the mastery of basic reading skills program with
development of standards during the 2001-02 school year and commencement of the plan
in the 2002-03 school year. The state board report to the 2001 legislature shall include
estimates of the cost to the state of implementing the program.
Sec. 10. K.S.A. 1999 Supp. 72-8902 and 72-8904 are hereby repealed.'';
By renumbering section 7 as section 11;
In the title, in line 15, by striking all after the semicolon; in line 16, by striking all before
the period and inserting ``establishing the national board for professional teaching standards
certification incentive program and the Kansas mentor teacher program; relating to
suspension or expulsion of pupils from school; providing for preparation of a strategy for
development and implementation of a mastery of basic reading skills program; amending
K.S.A. 1999 Supp. 72-8902 and 72-8904 and repealing the existing sections'';
\ And your committee on conference recommends the adoption of this report.
Ralph M. Tanner
Cindy Empson
Henry Helgerson
Conferees on the part of House
Barbara Lawrence
Dwayne Umbarger
Christine Downey
Conferees on part of Senate
Senator Lawrence moved the Senate adopt the Conference Committee Report on
SB 432.
On roll call, the vote was: Yeas 37, Nays 3, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp,
Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Gooch, Jones, Lee.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate
amendments to HB 2929, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on
conference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, in line 39, by striking ``two of the directors shall be senior'' and inserting ``four
shall be persons from the public sector. The four appointees from the public sector shall
consist of one or more of the following: Senior''; in line 40, by striking the comma and
inserting ``governed by the board of regents or''; in line 42, by striking ``One director shall
be a''; by striking all of line 43;
On page 2, by striking all in line 1;
On page 4, following line 18, by inserting the following sections:
``Sec. 2. K.S.A. 1999 Supp. 74-50,103 is hereby amended to read as follows: 74-50,103.
As used in the IMPACT act unless the context clearly requires otherwise:
(a) ``Act'' means the Kansas investments in major projects and comprehensive training
act.
(b) ``Agreement'' means the agreement among an employer, an educational institution
and the secretary of commerce and housing concerning a SKILL project or a combined
SKILL project and major project investment and the agreement between an employer and
the secretary of commerce and housing concerning a major project investment.
(c) ``Bond'' means a public purpose bond issued for IMPACT projects by the Kansas
development finance authority.
(d) ``Date of commencement of the project'' means the date of the agreement.
(e) ``Educational institution'' means a community college, as defined by K.S.A. 71-701,
and amendments thereto, an area vocational school or area vocational-technical school, as
defined by K.S.A. 72-4412, and amendments thereto, a university, as defined by K.S.A. 72-
6501, and amendments thereto, or a state educational institution, as defined by K.S.A. 76-
711, and amendments thereto.
(f) ``Employee'' means a person employed in a new or retained job.
(g) ``Employer'' means a Kansas basic enterprise providing new jobs or retaining existing
jobs in conjunction with a project.
(h) ``IMPACT program'' or ``program'' means the major project investments and SKILL
projects undertaken by the department of commerce and housing in accordance with the
provisions of this act for a new or expanding Kansas basic enterprise.
(h) (i) ``IMPACT project'' or ``project'' means a SKILL project, major project investment
or a combination of the two.
(i) (j) ``Kansas basic enterprise'' means any enterprise:
(1) Which is located or principally based in Kansas; and
(2) which can provide demonstrable evidence that:
(A) It is primarily engaged in any one or more of the Kansas basic industries; or
(B) it is primarily engaged in the development or production of goods or the provision
of services for out-of-state sale; or
(C) it is primarily engaged in the production of goods or the provision of services which
will attract out-of-state buyers or consumers into the state; or
(D) it is primarily engaged in the production of raw materials, ingredients, or
components for other enterprises which export the majority of their products from the state;
or
(E) it is a national or regional enterprise which is primarily engaged in interstate
commerce or an affiliated management company of such an enterprise; or
(F) it is primarily engaged in the production of goods or the provision of services which
will supplant goods or services which would be imported into the state; or
(G) it is the corporate or regional headquarters of a multistate enterprise which is
primarily engaged in out-of-state industrial activities.
(j) (k) ``Kansas basic industry'' means:
(1) Agriculture;
(2) mining;
(3) manufacturing;
(4) interstate transportation;
(5) wholesale trade which is primarily multistate in activity or which has a major import
supplanting effect within the state;
(6) financial services which are provided primarily for interstate or international
transactions;
(7) business services which are provided primarily in out-of-state markets;
(8) research and development of new products, processes, or technologies; or
(9) tourism activities which are primarily engaged in for the purpose of attracting out-
of-state tourists.
(k) (l) ``Major project investment'' or ``investment'' means financial assistance to an
employer to defray business costs including, but not limited to, relocation expenses, building
and equipment purchases, labor recruitment and job retention.
(m) ``New job'' means a job in a new or expanding Kansas basic enterprise not including
jobs of recalled workers, or existing jobs that are vacant or other jobs that formerly existed
in the Kansas basic enterprise in Kansas.
(l) (n) ``Primarily engaged'' means engagement in an activity by an enterprise to the
extent that not less than 51% of the gross income of the enterprise is derived from such
engagement.
(m) ``New job'' means a job in a new or expanding Kansas basic enterprise not including
jobs of recalled workers, or existing jobs that are vacant or other jobs that formerly existed
in the Kansas basic enterprise in Kansas.
(n) ``IMPACT program'' or ``program'' means the major project investments and SKILL
projects undertaken by the department of commerce and housing in accordance with the
provisions of this act for a new or expanding Kansas basic enterprise.
(o) ``Program costs'' means all necessary and incidental costs of providing program
services, except that program costs shall not include: (1) Any wages paid to persons receiving
education or training under a project, (2) any costs for purchase or lease of training
equipment that exceed 50% of total program costs for the project, and (3) any costs for
administrative expenses of educational institutions that exceed 10% of total program costs
for the project.
(p) ``Program services'' means:
(1) New jobs training, including training development costs, except that the actual
training period for any new job shall not exceed 36 months from the date the job is first
filled by an employee;
(2) adult basic education and job-related instruction;
(3) vocational and skill-assessment services and testing;
(4) training equipment for education institutions;
(5) material and supplies;
(6) administrative expenses of educational institutions for new jobs training programs;
(7) subcontracted services with other educational institutions, private colleges or
universities or other federal, state or local agencies; and
(8) contracted or professional service;
(9) major project investments.
(q) ``Retained job'' means an existing job which will be lost without participation by the
employer under the provisions of the IMPACT program.
(q) (r) ``SKILL project'' means a training arrangement which is the subject of an
agreement entered into between the educational institution and an employer to provide
program services.
Sec. 3. K.S.A. 1999 Supp. 74-50,104 is hereby amended to read as follows: 74-50,104.
(a) The secretary of commerce and housing shall administer the provisions of this act and
the IMPACT program established thereunder. The secretary of commerce and housing shall
encourage Kansas basic enterprises with similar training needs to cooperate in establishing
SKILL projects. The secretary of commerce and housing shall coordinate the SKILL
program with other job training programs administered by the department of commerce
and housing. The secretary of commerce and housing shall provide opportunities for
coordination and cooperation of SKILL projects with other job training activities in Kansas.
(b) The secretary of commerce and housing shall adopt rules and regulations as follows:
(1) Prescribing review standards and priorities for approval of proposed agreements under
this act, including appropriate incentives for cooperation among projects, in order to
maximize the number of new jobs created with respect to individual Kansas basic
enterprises, which will remain in Kansas, and (2) prescribing limits on program costs and
on project and program size in relation to the number of new jobs created or the wages of
new jobs created. No agreement shall be approved which provides for program costs of a
project under the agreement of more than 90% of the amount equal to the estimated rate
of withholding tax applied to the estimated amount of gross wages of all the new jobs under
the project over a ten-year period.
(c) Notice of the approval of a project or program under the IMPACT act shall be
provided to the chairpersons of the senate committee on commerce and the committee on
economic development of the house of representatives.
(c) (d) The secretary of commerce and housing may adopt such other rules and
regulations as may be required for the implementation and administration of this act.
Sec. 4. K.S.A. 1999 Supp. 74-50,106 is hereby amended to read as follows: 74-50,106.
(a) The secretary of commerce and housing shall review applications for proposed
agreements submitted by employers in accordance with the standards and guidelines
prescribed by this act and by rules and regulations adopted under K.S.A. 74-50,104, and
amendments thereto. Each application for approval of a proposed agreement shall be
accompanied by information about the number and wages of the new or retained jobs
created by the employer, documentation of existing training activities of the employer and
such other information as may be required by the secretary of commerce and housing.
(b) The secretary of commerce and housing may pool the funding requirements of
projects which are the subject of proposed agreements to determine the funding
requirements of the SKILL projects under consideration to facilitate the issuance of bonds
by the Kansas development finance authority.
(c) The secretary of commerce and housing is hereby authorized to expend funds raised
pursuant to this act on major project investments. The secretary shall adopt guidelines
consistent with this act concerning firm eligibility for major project investments and shall
otherwise administer the major project investment portion of the IMPACT act.
(d) In order for an employer to be eligible for a major project investment, the employer
must:
(1) Annually make an investment in training and education of the employer's employees
that exceeds 2% of the employer's total annual payroll costs; or
(2) agree that a portion of any funds available under the agreement be spent directly
on employee education and training.
(e) An employer not creating new jobs shall not be eligible for participation in an
IMPACT program unless the employer meets the following criteria: (1) Maintains a minimum
of 1,000 retained jobs; (2) makes a capital investment of at least $250,000,000; and (3) the
secretary of commerce and housing finds that the program or project will be a major factor
in the Kansas basic enterprise remaining in Kansas.
(e) (f) Prior to obtaining financing from the Kansas development finance authority for
any project, group of projects or major project investment for one or more employers, the
secretary of commerce and housing shall present each such project to the governor's council
on work force training and investment for review and approval. No agreement shall be
approved by the secretary of commerce and housing unless each project under the
agreement has been reviewed and finally approved by the governor's council on work force
training and investment.
Sec. 5. K.S.A. 1999 Supp. 74-50,111 is hereby amended to read as follows: 74-50,111.
The secretary of commerce and housing shall annually report on activities under the
IMPACT act, pursuant to K.S.A. 1999 Supp. 74-5049, and amendments thereto. Each report
shall contain information regarding the number and characteristics of the new jobs created
or jobs retained in Kansas for which SKILL projects or major project investments have been
financed under this act, including a report on any such new or retained jobs which do not
continue to exist and the circumstances and effect of any such discontinuances.
Sec. 6. K.S.A. 1999 Supp. 74-50,115 is hereby amended to read as follows: 74-50,115.
(a) A manufacturing business may be eligible for a sales tax exemption under the provisions
of subsection (cc) of K.S.A. 79-3606, and amendments thereto, if the manufacturing business
complies with the following requirements:
(1) A manufacturing business shall provide documented evidence of job expansion
involving the employment of at least two additional full-time employees; and
(2) a manufacturing business located within the state of Kansas that has documented
evidence of job expansion as provided in paragraph (1), which relocates in another city or
county within the state of Kansas must receive approval from the secretary prior to qualifying
for the sales tax exemption in subsection (cc) of K.S.A. 79-3606, and amendments thereto,
except that approval by the secretary shall not be required if the manufacturing business
relocates within the same city.
(b) A nonmanufacturing business may be eligible for a sales tax exemption under the
provisions of subsection (cc) of K.S.A. 79-3606, and amendments thereto, if the
nonmanufacturing business complies with the following requirements:
(1) A nonmanufacturing business shall provide documented evidence of job expansion
involving the employment of at least five additional full-time employees; and
(2) a nonmanufacturing business located within the state of Kansas that has documented
evidence of job expansion as provided in paragraph (1), which relocates in another city or
county within the state of Kansas must receive approval from the secretary prior to qualifying
for the sales tax exemption in subsection (cc) of K.S.A. 79-3606, and amendments thereto,
except that approval by the secretary shall not be required if the nonmanufacturing business
relocates within the same city.
(c) A retail business may qualify for the sales tax exemption under subsection (cc) of
K.S.A. 79-3606, and amendments thereto, if the retail business complies with the following
requirements:
(1) A retail business shall provide documented evidence of job expansion involving the
employment of at least two additional full-time employees; and
(2) such retail business locates or expands to a city having a population of 2,500 or less,
as determined by the latest United States federal census.
(d) Any person constructing, reconstructing, remodeling or enlarging a facility which
will be leased in whole or in part for a period of five years or more to a business that would
be eligible for a sales tax exemption hereunder if such business had constructed,
reconstructed, enlarged or remodeled such facility or portion thereof itself shall be entitled
to the sales tax exemption under the provisions of subsection (cc) of K.S.A. 79-3606, and
amendments thereto. When such person leases less than the total facility to an eligible
business, a project exemption certificate may be granted on: (1) The total cost of constructing,
reconstructing, remodeling or enlarging, the facility multiplied by a fraction given by
dividing the number of leased square feet eligible for the sales tax exemption by the total
square feet being constructed, reconstructed, remodeled or enlarged; or (2) the actual cost
of constructing, reconstructing, remodeling or enlarging that portion of the facility to be
occupied by the eligible business, as the person may elect.
(e) A business may qualify for a sales tax exemption under subsection (cc) of K.S.A. 79-
3606, and amendments thereto, without regard to any of the foregoing requirements of this
section if it is certified as a qualified firm by the secretary of commerce and housing pursuant
to K.S.A. 1999 Supp. 74-50,131, and amendments thereto, and is entitled to the corporate
tax credit established in K.S.A. 1999 Supp. 74-50,132, and amendments thereto, or has
received written approval for participation and has participated, during the tax year in which
the exemption is claimed, in training assistance by the department of commerce and housing
under the Kansas industrial training, Kansas industrial retraining or state of Kansas
investments in lifelong learning program.
(f) The secretary may adopt rules and regulations to implement and administer the
provisions of this section.
Sec. 7. K.S.A. 1999 Supp. 74-50,151 is hereby amended to read as follows: 74-50,151.
(a) There is hereby created in the state treasury the Kansas economic opportunity initiatives
fund. Subject to acts of the legislature applicable thereto, the moneys in the Kansas
economic opportunity initiatives fund shall be used only for the purposes prescribed by this
section.
(b) All expenditures made pursuant to this act shall be made in accordance with
appropriations acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the governor or the governor's designee. The governor may approve
a warrant upon certification, by the secretary of commerce and housing, that an economic
emergency or unique opportunity exists which warrant funding for a strategic economic
intervention by such state agency or agencies to address expenses involved in securing
economic benefits or avoiding or remedying economic losses related to:
(1) A major expansion of an existing Kansas commercial enterprise;
(2) the potential location in Kansas of the operations of a major employer;
(3) the award of a significant federal or private sector grant which has a financial
matching requirement;
(4) the departure from Kansas or the substantial reduction of the operations of a major
employer; and
(5) the closure or the substantial reduction of a major federal or state institution or
facility.
(c) An intervention strategy may include financial assistance in the form of grants, loans
or both. The department of commerce and housing shall adopt written guidelines concerning
the terms and conditions of any such loans. However, all repaid funds shall be credited to
the Kansas economic opportunity initiatives fund. No intervention strategy approved
pursuant to this act shall facilitate the moving of an existing Kansas firm to another location
within the state unless such restriction is waived by the secretary of commerce and housing.
Every intervention strategy approved pursuant to this act shall identify the intended
outcomes to be realized by the strategy for which funding is sought.
(d) The department of commerce and housing and Kansas, Inc. shall make joint findings
concerning the costs and benefits, on both a local and statewide basis, of projects proposed
pursuant to this act. Prior to allocation of any funds pursuant to this act, the governor shall
review the cost-benefit findings performed on each project.
(e) The director of the budget and the director of the legislative research department
shall consult periodically and review the balance credited to and the estimated receipts to
be credited to the state economic development initiatives fund during the fiscal year. During
any period when the legislature is not in session, upon a finding by the director of the budget
in consultation with the director of the legislative research department that the total of the
unencumbered balance and estimated receipts to be credited to the state economic
development initiatives fund during a fiscal year are insufficient to fund the budgeted
expenditures and transfers from the state economic development initiatives fund for the
fiscal year in accordance with the provisions of appropriation acts, the director of the budget
shall make a certification of such finding to the governor. Upon approval by the governor,
the director of accounts and reports shall transfer the amount of moneys from the Kansas
economic opportunity initiatives fund to the state economic development initiatives fund
that is required, in accordance with a certification by the director of the budget under this
subsection, to fund the budgeted expenditures and transfers from the state economic
development initiatives fund for the fiscal year in accordance with the provisions of
appropriation acts, as specified by the director of the budget pursuant to such certification.
(f) 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 economic development initiatives fund
interest earnings based on:
(1) The average daily balance of moneys in the Kansas economic opportunity initiatives
fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding
month.
(g) A five member panel consisting of the secretary of commerce and housing, the
president of Kansas, Inc., the president of the Kansas technology enterprise corporation,
the private sector chairperson of the board of Kansas, Inc. and the private sector chairperson
of the Kansas technology enterprise corporation shall review annually the propriety of
projects funded under this section. The panel shall report its findings in writing to the
governor, the economic development committee of the house of representatives, the senate
commerce committee and the joint committee on economic development.
Sec. 8. K.S.A. 1999 Supp. 74-50,131 is hereby amended to read as follows: 74-50,131.
Commencing after December 31, 1999: (a) As used in this act: ``Qualified firm'' means a for-
profit business establishment, subject to state income, sales or property taxes, identified
under the manufacturing standard industrial classification (SIC) codes as in effect July 1,
1993, major groups 20 through 39, major groups 40 through 51, and major groups 60 through
89,; identified under the North American industry classification system (NAICS) as in effect
on October 1, 2000, or is identified as a corporate or regional headquarters or back-office
operation of a national or multi-nation multi-national corporation regardless of SIC code or
NAICS designation. The secretary of commerce and housing shall determine eligibility when
a difference exists between a firm's SIC code and NAICS designation. A business
establishment may be assigned a standard industrial classification code or NAICS
designation according to the primary business activity at a single physical location in the
state.
(b) In the case of firms in major groups 40 through 51, and major groups 60 through
89, or the appropriate NAICS designation the business establishment must also demonstrate
the following:
(1) More than one-half 1/2 of its gross revenues are a result of sales to commercial or
governmental customers outside the state of Kansas; or
(2) more than one-half 1/2 of its gross revenues are a result of sales to Kansas
manufacturing firms within major groups 20 through 39 or the appropriate NAICS
designation; or
(3) more than one-half 1/2 of its gross revenues are a result of a combination of sales
described in (1) and (2).
(c) For purposes of determining whether one of the average wage options described in
subsection (d) below is satisfied, business establishments located within a metropolitan
county, as defined in K.S.A. 1999 Supp. 74-50,114, and amendments thereto, will be
compared only to other businesses within that metropolitan county, and business
establishments located outside of a metropolitan county will be compared to businesses
within an aggregation of counties representing the business establishment's region of the
state, which regional aggregation will exclude metropolitan counties. Such aggregation shall
be determined by the department of commerce and housing.
(d) Additionally, a business establishment having met the criteria as established in
subsection (a) or (b), and using the comparison method described in subsection (c), must
meet one of the following criteria:
(1) The establishment with 500 or fewer full-time equivalent employees will provide an
average wage that is above the average wage paid by all firms with 500 or fewer full-time
equivalent employees which share the same two-digit standard industrial classification code
or appropriate NAICS designation.
(2) The establishment with 500 or fewer full-time equivalent employees is the sole firm
within its two-digit standard industrial classification code or appropriate NAICS designation
which has 500 or fewer full-time equivalent employees.
(3) The establishment with more than 500 full-time equivalent employees will provide
an average wage that is above the average wage paid by firms with more than 500 full-time
equivalent employees which share the same two-digit standard industrial classification code
or appropriate NAICS designation.
(4) The establishment with more than 500 full-time equivalent employees is the sole
firm within its two-digit standard industrial classification code or appropriate NAICS
designation which has 500 or more full-time equivalent employees, in which event it shall
either provide an average wage that is above the average wage paid by all firms with 500 or
fewer full-time equivalent employees which share the same two-digit standard industrial
classification code or appropriate NAICS designation, or be the sole firm within its two-
digit standard industrial classification code or appropriate NAICS designation.
(e) As an alternative to the requirements of subsections (c) and (d), a firm having met
the requirements of subsections (a) or (b), may qualify, if excluding taxable disbursements
to company owners, the business establishment's annual average wage must be greater than
or equal to 1.5 times the aggregate average wage paid by industries covered by the
employment security law based on data maintained by the secretary of human resources.
(f) For the purposes of this section, the number of full-time equivalent employees shall
be determined by adding dividing the number of hours worked by part-time employees
during the pertinent measurement interval by an amount equal to the corresponding multiple
of a 40-hour work week and adding the quotient to the number of full-time employees to
the number of hours worked by part-time employees divided by 40.
(g) The secretary of commerce and housing shall certify annually to the secretary of
revenue that a firm meets the criteria for a qualified firm and that the firm is eligible for
the benefits and assistance provided under this act. The secretary of commerce and housing
is hereby authorized to obtain any and all information necessary to determine such eligibility.
Information obtained under this section shall not be subject to disclosure pursuant to K.S.A.
45-215 et seq., and amendments thereto, but shall upon request be made available to the
legislative post audit division. The secretary of commerce and housing shall publish rules
and regulations for the implementation of this act. Such rules and regulations shall include,
but not be limited to:
(1) A definition of ``training and education'' for purposes of K.S.A. 1999 Supp. 74-
50,132, and amendments thereto.
(2) Establishment of eligibility requirements and application procedures for
expenditures from the high performance incentive fund created in K.S.A. 1999 Supp. 74-
50,133, and amendments thereto.
(3) Establishment of approval guidelines for private consultants authorized pursuant to
K.S.A. 1999 Supp. 74-50,133, and amendments thereto.
(4) Establishment of guidelines for prioritizing business assistance programs pursuant
to K.S.A. 1999 Supp. 74-50,133, and amendments thereto.
(5) A definition of ``commercial customer'' for the purpose of K.S.A. 1999 Supp. 74-
50,133, and amendments thereto.
(6) A definition of ``headquarters'' for the purpose of K.S.A. 1999 Supp. 74-50,133, and
amendments thereto.
(7) Establishment of guidelines concerning the use and disclosure of any information
obtained to determine the eligibility of a firm for the assistance and benefits provided for by
this act.
Sec. 9. K.S.A. 1999 Supp. 79-32,160a is hereby amended to read as follows: 79-32,160a.
(a) For taxable years commencing after December 31, 1997 1999, any taxpayer who shall
invest in a qualified business facility, as defined in subsection (b) of K.S.A. 79-32,154, and
amendments thereto, and also meets the definition of a business in subsection (b) of K.S.A.
74-50,114, and amendments thereto, shall be allowed a credit for such investment, in an
amount determined under subsection (b) or (c), as the case requires, against the tax imposed
by the Kansas income tax act or where the qualified business facility is the principal place
from which the trade or business of the taxpayer is directed or managed and the facility has
facilitated the creation of at least 20 new full-time positions, against the premium tax or
privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or as measured
by the net income of financial institutions imposed pursuant to chapter 79, article 11 of the
Kansas Statutes Annotated, for the taxable year during which commencement of commercial
operations, as defined in subsection (f) of K.S.A. 79-32,154, and amendments thereto, occurs
at such qualified business facility. In the case of a taxpayer who meets the definition of a
manufacturing business in subsection (d) of K.S.A. 74-50,114, and amendments thereto, no
credit shall be allowed under this section unless the number of qualified business facility
employees, as determined under subsection (d) of K.S.A. 79-32,154, and amendments
thereto, engaged or maintained in employment at the qualified business facility as a direct
result of the investment by the taxpayer for the taxable year for which the credit is claimed
equals or exceeds two. In the case of a taxpayer who meets the definition of a
nonmanufacturing business in subsection (f) of K.S.A. 74-50,114, and amendments thereto,
no credit shall be allowed under this section unless the number of qualified business facility
employees, as determined under subsection (d) of K.S.A. 79-32,154, and amendments
thereto, engaged or maintained in employment at the qualified business facility as a direct
result of the investment by the taxpayer for the taxable year for which the credit is claimed
equals or exceeds five. Where an employee performs services for the taxpayer outside the
qualified business facility, the employee shall be considered engaged or maintained in
employment at the qualified business facility if (1) the employee's service performed outside
the qualified business facility is incidental to the employee's service inside the qualified
business facility, or (2) the base of operations or, the place from which the service is directed
or controlled, is at the qualified business facility.
(b) The credit allowed by subsection (a) for any taxpayer who invests in a qualified
business facility which is located in a designated nonmetropolitan region established under
K.S.A. 74-50,116, and amendments thereto, on or after the effective date of this act, shall
be a portion of the income tax imposed by the Kansas income tax act on the taxpayer's
Kansas taxable income, the premium tax or privilege fees imposed pursuant to K.S.A. 40-
252, and amendments thereto, or the privilege tax as measured by the net income of financial
institutions imposed pursuant to chapter 79, article 11 of the Kansas Statutes Annotated,
for the taxable year for which such credit is allowed, but in the case where the qualified
business facility investment was made prior to January 1, 1996, not in excess of 50% of such
tax. Such portion shall be an amount equal to the sum of the following:
(1) Two thousand five hundred dollars for each qualified business facility employee
determined under K.S.A. 79-32,154, and amendments thereto; plus
(2) one thousand dollars for each $100,000, or major fraction thereof, which shall be
deemed to be 51% or more, in qualified business facility investment, as determined under
K.S.A. 79-32,154, and amendments thereto.
(c) The credit allowed by subsection (a) for any taxpayer who invests in a qualified
business facility, which is not located in a nonmetropolitan region established under K.S.A.
74-50,116, and amendments thereto, and which also meets the definition of business in
subsection (b) of K.S.A. 74-50,114, and amendments thereto, on or after the effective date
of this act, shall be a portion of the income tax imposed by the Kansas income tax act on
the taxpayer's Kansas taxable income, the premium tax or privilege fees imposed pursuant
to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by the net
income of financial institutions imposed pursuant to chapter 79, article 11 of the Kansas
Statutes Annotated, for the taxable year for which such credit is allowed, but in the case
where the qualified business facility investment was made prior to January 1, 1996, not in
excess of 50% of such tax. Such portion shall be an amount equal to the sum of the following:
(1) One thousand five hundred dollars for each qualified business facility employee as
determined under K.S.A. 79-32,154, and amendments thereto; and
(2) one thousand dollars for each $100,000, or major fraction thereof, which shall be
deemed to be 51% or more, in qualified business facility investment as determined under
K.S.A. 79-32,154, and amendments thereto.
(d) The credit allowed by subsection (a) for each qualified business facility employee
and for qualified business facility investment shall be a one-time credit. If the amount of
the credit allowed under subsection (a) exceeds the tax imposed by the Kansas income tax
act on the taxpayer's Kansas taxable income, the premium tax and privilege fees imposed
pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by
the net income of financial institutions imposed pursuant to chapter 79, article 11 of the
Kansas Statutes Annotated for the taxable year, or in the case where the qualified business
facility investment was made prior to January 1, 1996, 50% of such tax imposed upon the
amount which exceeds such tax liability or such portion thereof may be carried over for
credit in the same manner in the succeeding taxable years until the total amount of such
credit is used. Except that, before the credit is allowed, a taxpayer, who meets the definition
of a manufacturing business in subsection (d) of K.S.A. 74-50,114, and amendments thereto,
shall recertify annually that the net increase of a minimum of two qualified business facility
employees has continued to be maintained and a taxpayer, who meets the definition of a
nonmanufacturing business in subsection (f) of K.S.A. 74-50,114, and amendments thereto,
shall recertify annually that the net increase of a minimum of five qualified business
employees has continued to be maintained.
(e) Notwithstanding the foregoing provisions of this section, any taxpayer qualified and
certified under the provisions of K.S.A. 1999 Supp. 74-50,131, and amendments thereto,;
which, prior to making a commitment to invest in a qualified Kansas business, has filed a
certificate of intent to invest in a qualified business facility in a form satisfactory to the
secretary of commerce and housing; and that has received written approval from the
secretary of commerce and housing for participation and has participated, during the tax
year for which the exemption is claimed, in the Kansas industrial training, Kansas industrial
retraining or the state of Kansas investments in lifelong learning program or is eligible for
the tax credit established in K.S.A. 1999 Supp. 74-50,132, and amendments thereto, shall
be entitled to a credit in an amount equal to 10% of that portion of the qualified business
facility investment which exceeds $50,000 in lieu of the credit provided in subsection (b)(2)
or (c)(2) without regard to the number of qualified business facility employees engaged or
maintained in employment at the qualified business facility. The credit allowed by this
subsection shall be a one-time credit. If the amount thereof exceeds the tax imposed by the
Kansas income tax act on the taxpayer's Kansas taxable income or the premium tax or
privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege
tax as measured by net income of financial institutions imposed pursuant to chapter 79,
article 11 of the Kansas Statutes Annotated for the taxable year, the amount thereof which
exceeds such tax liability may be carried forward for credit in the succeeding taxable year
or years until the total amount of the tax credit is used, except that no such tax credit shall
be carried forward for deduction after the 10th taxable year succeeding the taxable year in
which such credit initially was claimed and no carry forward shall be allowed for deduction
in any succeeding taxable year unless the taxpayer continued to be qualified and was
recertified for such succeeding taxable year pursuant to K.S.A. 1999 Supp. 74-50,131, and
amendments thereto.
(f) This section and K.S.A. 79-32,160b, and amendments thereto, shall be part of and
supplemental to the job expansion and investment credit act of 1976 and acts amendatory
thereof and supplemental thereto.''
By renumbering sections accordinly;
Also on page 4, in line 19, following ``Supp.'', by inserting ``74-50,103, 74-50,104, 74-
50,106, 74-50,111, 74-50,115, 74-50,131, 74-50,151,''; also in line 19, by striking ``is'' and
inserting ``and 79-32,160a are'';
On page 1, in the title, in line 12, after ``Kansas'', by inserting ``economic development;
concerning Kansas''; also in line 12, by striking ``concern-'', in line 13, by striking ``ing senior
administrators;'' and inserting ``participation in Kansas enterprise zones and activities;
expenditures from Kansas economic initiatives fund; concerning Kansas investments in
major projects and comprehensive training;''; also in line 13, after ``Supp.'', by inserting ``74-
50,103, 74-50,104, 74-50,106, 74-50,111, 74-50,115, 74-50,131, 74-50,151,''; also in line 13,
after ``and'', by inserting ``79-32,160a and''; in line 14, by striking ``section'' and inserting
``sections'';
And your committee on conference recommends the adoption of this report.
Alicia L. Salisbury
Pat Ranson
Jim Barone
Conferees on the part of Senate
William G. Mason
Jene Vickrey
Annie Kuether
Conferees on part of House
Senator Salisbury moved the Senate adopt the Conference Committee Report on HB
2929.
On roll call, the vote was: Yeas 33, Nays 7, Present and Passing 0, Absent or Not Voting
0.
Yeas: Barone, Becker, Biggs, Bond, Clark, Corbin, Donovan, Downey, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Kerr,
Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Steffes,
Steineger, Stephens, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Emert, Huelskamp, Lee, Pugh, Tyson.
The Conference Committee report was adopted.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Morris introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1849--
A RESOLUTION concerning a task force on the Kansas mental health system.
Be it resolved by the Senate of the State of Kansas: That a task force on the Kansas
mental health system of not more than 15 members be formed. The task force to be
composed of not more than nine members appointed by the Legislative Coordinating
Council which shall include a public mental health system provider, a private mental health
system provider, a consumer of mental health services, a family member of a consumer of
mental health services, a representative of the department of social and rehabilitation
services, a representative of the department on aging, a representative of the university of
Kansas medical center, representatives of advocacy organizations for persons with mental
illness and six members of the legislature, two of whom shall be appointed by the president
of the senate, two of whom shall be appointed by the speaker of the house of representatives,
one of whom shall be appointed by the minority leader of the senate and one of whom shall
be appointed by the minority leader of the house of representatives. The chairperson and
vice-chairperson of the task force shall be legislator members of the task force designated
as chairperson and vice-chairperson by the president of the senate and the speaker of the
house of representatives; and
Be it further resolved: That the task force shall study and make recommendations to
both houses of the legislature concerning an evaluation of the current Kansas mental health
delivery system, an examination of the most effective ways to deliver mental health services
to people with mental illness, including the varied services required for children, adults and
people of all ages, an investigation into the maximization of federal and other funding sources
for mental health services, a review of the statewide absence of crisis stabilization centers
to provide short-term mental health crisis care of 48 hours or less and a review of such other
matters relating to mental health services as the task force deems appropriate; and
Be it further resolved: That the task force shall meet upon the call of the chairperson
of the task force as 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 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 staff of the legislative research department, the office
of the revisor of statutes and the division of legislative administrative services shall provide
such assistance as may be requested by the task force; and
Be it further resolved: That the task force shall make its findings and recommendations
and report to the senate committee on ways and means, the senate committee on public
health and welfare, the house committee on appropriations and the house committee on
health and human services not later than January 8, 2001.
REPORT ON ENGROSSED BILLS
SB 555 reported correctly engrossed April 27, 2000.
REPORT ON ENROLLED BILLS
SR 1846, 1847 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on April 27, 2000.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 672 was advanced to Final Action, subject to amendment, debate and roll call.
SB 672, An Act making and concerning appropriations for the fiscal years ending June
30, 2000, and June 30, 2001; authorizing certain transfers and fees, imposing certain
restrictions and limitations and directing or authorizing certain receipts, disbursements,
capital improvements and acts incidental to the foregoing; amending K.S.A. 1999 Supp. 79-
34,147, as amended by section 106 of 2000 House Substitute for Senate Bill No. 326, and
repealing the existing section, was considered on final action.
SB 672 be amended by motion of Senator Umbarger on page 45, following line 7, by
inserting the following material to read as follows:
| ``Children's initiatives fund--mentor teacher program grants | $1,100,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--mentor teacher program grants account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001.''
Senator Salmans moved to amend the bill on page 43, in line 2, by striking ``$13,841,896``
and inserting ``$11,841,896''; in line 4, by striking all after the period; by striking all in lines
5 through 14;
On page 44, in line 31, by striking ``75%'' and inserting ``65%'';
On page 45, following line 7, by inserting the following material to read as follows:
| ``Children's initiatives fund--inservice education aid | $2,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--inservice education aid account shall
be in addition to any expenditure limitation imposed on the children's initiatives fund for
fiscal year 2001.'';
On page 46, following line 38, by inserting the following material to read as follows:
``(k) On July 1, 2000, the provisions of the proviso to the appropriation in the inservice
education aid account of the state general fund in House Substitute for Senate Bill No. 326
are hereby declared and are null and void and shall have no force and effect.''
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 26, Nays 13, Present and Passing 0, Absent or Not Voting
1.
Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.
Absent or Not Voting: Emert.
The motion carried and the amendment was adopted.
EXPLANATION OF VOTE
Mr. Chairman: I vote NO on this amendment. If there is an extra $2 million to provide
additional education funding, it should not be spent on inservice for teachers. A greater
priority is funding for special education with ``hard'' dollars.
This budget proposes to keep special education funding at its current level with
contingency money we do not have now and may not have in the future.
Why would we believe that inservice for teachers is more important than providing direct
services for children with special needs?
The majority party is throwing money at inservice education at the expense of special
education.--Anthony Hensley
Senator Oleen amended the bill on page 37, after line 40, by inserting the following:
``(f) In addition to the other purposes for which expenditures may be made by the
department of human resources from the workforce investment act state operations fund
for the fiscal year ending June 30, 2001, as authorized by this or other appropriation act of
the 2000 regular session of the legislature, expenditures shall be made by the above agency
from the workforce investment act state operations fund for fiscal year 2001 for state
operations for the older Kansans employment program: Provided, That for such purpose
from the workforce investment act state operations fund for fiscal year 2001 shall not exceed
$200,000.''
Senator Oleen further amended the bill on page 42, after line 6, by inserting the following:
``Grant to the Kansas cultural heritage and arts center, Dodge City, Kansas
| For the fiscal year ending June 30, 2001 | $30,000 |
Provided, That, as a condition of such grant, the Kansas cultural heritage and arts center
shall develop a plan to affiliate with a state agency that has as its mission historical
preservation and research and shall present such plan to the legislature at the beginning of
the 2001 regular session.
Environmental education program
| For the fiscal year ending June 30, 2001 | $30,000'' |
Senator Salisbury amended the bill on page 3, in line 27, after ``KCPT'' by inserting: ``:
And provided further, That all expenditures from this fund shall be used to match federal
funding for capital improvement projects and equipment acquisition for the conversion of
public television stations to digital broadcasting''
Senator Oleen amended the bill on page 10, after line 25, by inserting the following:
``(f) That notwithstanding the provisions of K.S.A. 74-8826 and amendments thereto, or
any other provision of law to the contrary, no expenditures shall be made for a period of
more than 90 days after the date of the start of simulcasting at the Camptown race track
from the state racing fund for the fiscal years ending June 30, 2000, and June 30, 2001, for
the purpose of regulating simulcasting at the Camptown race track located in Frontenac,
Kansas, unless revenues derived from live racing at the Camptown race track are deposited
in the state racing fund within 100 days of the start of simulcasting.''
Senator Praeger amended the bill on page 21, following line 14, by inserting the following:
``(ff) In the event that the department of social and rehabilitation services issues a request
for proposal for the title XXI program childrens health insurance program, the secretary
shall consider the following factors in developing the request for proposal: (1) The
combination of title XIX and title XXI programs as such programs relate to children, and
(2) the inclusion of all marketing and outreach efforts relating to the childrens health
insurance program: Provided, That the department of social and rehabilitation services shall
consider all options to initiate a medicaid managed care program in Sedgwick county:
Provided further, That the department of social and rehabilitation services shall work in
support with the Kansas business health partnership.''
Senator Corbin amended the bill on page 35, after line 34, by inserting the following:
``(d)(1) Subject to the limitations of this section, whenever it appears that the resources
in the fiscal year ending June 30, 2001, are insufficient to meet in full the estimated
expenditures as they become due to meet duties imposed by law on the water marketing
fund of the Kansas water office as a result of increases in water rates, fees or charges imposed
by the federal government, the pooled money investment board is authorized and directed
to loan to the director of the Kansas water office sufficient funds to reimburse the water
marketing fund for increases in water rates, fees or charges imposed by the federal
government, and to allow the Kansas water office to spread such increases to consumers
over a longer period, except that no such loan shall be made unless the terms thereof have
been approved by the director of the budget. The pooled money investment board is
authorized and directed to use any moneys in the operating accounts, investment accounts
or other investments of the state of Kansas to provide the funds for such loan. Each such
loan shall bear interest at a rate equal to the interest rate being paid on state inactive account
moneys at the time of the making of such loan. Such loan shall not be deemed to be an
indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of
the constitution of the state of Kansas.
(2) Upon certification by the pooled money investment board by the director of the Kansas
water office of the amount of each loan authorized pursuant to subsection (d)(1), the pooled
money investment board shall transfer each such amount certified by the director of the
Kansas water office from the state bank account or accounts prescribed in subsection (d)(1)
to the water marketing fund of the Kansas water office.
(3) The principal and interest of each loan authorized pursuant to subsection (d)(1) shall
be repaid in payments payable at least annually for a period of not more than five years.
(4) The aggregate outstanding balance of all loans pursuant to this subsection (d) shall
not exceed $1,000,000 at any one time.''
Senator Praeger amended the bill on page 5, in line29, by subtracting $21,035 from the
dollar amount and by adjusting the dollar amount in line 29 accordingly
Senator Kerr amended the bill on page 47, by striking all in lines 33 through 43;
On page 48, by striking all in lines 1 through 6 and inserting new material to read as
follows:
``(b) In addition to the other purposes for which expenditures may be made by the attorney
general from the moneys received pursuant to K.S.A. 23-128a, and amendments thereto,
and credited to the crime victims assistance fund and appropriated in the crime victims
assistance fund for fiscal year 2001, as authorized by this or other appropriation act of the
2000 regular session of the legislature, expenditures shall be made by the attorney general
from such moneys appropriated in the crime victims assistance fund for fiscal year 2001 and
which are not needed for use as matching funds for meeting any federal requirement for
the purposes of establishing child exchange and visitation centers pursuant to K.S.A. 1999
Supp. 75-720 and amendments thereto, for salary and wages and other operating
expenditures for the statewide DARE (Drug Resistance Education) coordinator and staff
provided for in K.S.A. 1999 Supp. 75-721 and amendments thereto: Provided, That such
expenditures for salary and wages and other operating expenditures for the statewide DARE
(Drug Resistance Education) coordinator and staff provided for in K.S.A. 1999 Supp. 75-
721 and amendments thereto shall not exceed $159,956: Provided further, That such
expenditures may include expenditures for official hospitality for training session.'';
Also on page 48, in line 11, by striking all following ``the''; by striking all in line 12; in line
13, by striking all preceding ``children's''; in line 14, by striking ``, which is hereby
established''; in line 19, by striking all following ``the''; by striking all in line 20; in line 21,
by striking ``count in the'';
On page 50, in line 21, by striking ``fund''; in line 36, by striking ``Kansas health
foundation'' and inserting ``community partnership''; in line 39, by striking ``Kansas health
foundations grants fund'' and inserting ``community partnership grants account''; in line 43,
by striking ``Kansas health foundation''
Senator Bleeker amended the bill on page 9, following line 42, by inserting the following:
``(d) In addition to the other purposes for which expenditures may be made by the
department of transportation from the state highway fund for the fiscal year 2001, as
authorized by this or other appropriation act of the 2000 regular session of the legislature,
expenditures shall be made by the department of transportation from the state highway fund
for fiscal year 2001 for loans or grants to qualified entities pursuant to the provisions of
K.S.A. 75-5048, and amendments thereto, in addition to such other terms and conditions,
the secretary of transportation shall require any qualified entity receiving such loans or grants
to maintain or to improve services on such railroad line: Provided, That such qualified entity
shall provide to the secretary of transportation demonstrable evidence of improvements of
services on such railroad line: Provided further, That improvements in services shall include
but shall not be limited to, the rehabilitation of the track including rail, ties and roadbed,
the use of heavier weight rail, increased service to shippers, and any other maintenance that
improves services on such railroad line.''
Senator Kerr amended the bill on page 31, in line 13, preceding the period by inserting
``And provided further, That expenditures shall be made for the capital improvement project
to construct a medium security juvenile facility of 154 beds, which shall include an additional
32-bed pod at Larned juvenile correctional facility or the capital improvement to utilize
Meyer building on the Larned state hospital grounds that accommodates an additional 32-
beds: Provided, however, the aggregate amount of costs for capital improvement projects
authorized by this act shall not to exceed $60,000,000.''
On roll call for final action on SB 672, 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,
Huelskamp, 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.
The following amendments to SB 672 were rejected.
Senator Hensley moved to amend the bill on page 23, following line 1, by inserting the
following material to read as follows:
``Nutrition program grants fund
| For the fiscal year ending June 30, 2000 | $0 |
| For the fiscal year ending June 30, 2001 | No limit |
On page 48, following line 31, by inserting the following material to read as follows:
``(d) In addition to the other purposes for which expenditures may be made by the attorney
general from the moneys appropriated from the state general fund or from any special
revenue fund for fiscal year 2000 or fiscal year 2001 as authorized by any appropriation act
of the 1999 regular session of the legislature or by this or other appropriation act of the
2000 regular session of the legislature, expenditures shall be made by the attorney general
from the moneys appropriated from the state general fund or from any special revenue fund
for fiscal year 2000 and for fiscal year 2001 to initiate and prosecute a civil action and
proceeding to recover the amount of $45,000, plus all allowed amounts for expenses,
attorney fees and interest thereon, from the former assistant secretary of aging who received
and retained $45,000 pursuant to a grant arrangement entered into with the department on
aging and who was determined by the governmental ethics commission to have participated
in negotiating or otherwise preparing such grant arrangement with the former secretary of
aging and was fined by the governmental ethics commission for improperly participating in
the negotiation or preparation of such grant arrangement: Provided, That the attorney
general is hereby required to initiate and prosecute such civil and proceeding in accordance
with K.S.A. 75-702 and amendments thereto: Provided further, That all moneys recovered
in such civil action and proceeding shall be deposited in the state treasury to the credit of
the nutrition program grants fund of the department on aging.''
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 10, Nays 26, Present and Passing 1, Absent or Not Voting
3.
Yeas: Barone, Biggs, Gilstrap, Goodwin, Hensley, Jones, Lee, Petty, Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh,
Ranson, Salisbury, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Present and Passing: Oleen.
Absent or Not Voting: Downey, Feleciano, Gooch.
The motion failed and the amendment was rejected.
Senator Kerr moved to amend the bill on page 53, after line 22, by inserting the following:
``Correctional officer pay grade increase
| For the fiscal year ending June 30, 2001 | $2,776,000 |
Provided, That expenditures shall be made from the correctional officer pay grade increase
account for fiscal year 2001 to provide a one pay grade increase to each employee in the
corrections officer I, corrections officer II and corrections specialist I job classes of the
department of corrections: Provided further, That expenditures from this account for such
additional compensation for each such employee shall be at the same time and in the same
manner that compensation is payable to each such employee for each payroll period
chargeable to fiscal year 2001: Provided, however, That the aggregate amount of
expenditures from this account for such additional compensation for all such employees in
the corrections officer I, corrections officer II and corrections specialist I job classes for
fiscal year 2001 shall not exceed $2,776,000.''
Senator Pugh moved to amend the bill on page 16, line 31 through 43, by striking all of
those lines and on page 17 by striking lines 1 through 3 and renumbering the paragraphs;
and on page 20 by striking all of lines 14 through 29 and renumbering accordingly.
Senator Petty moved to amend the bill as amended by Senate on Final Action, on page
17, after line 32, by inserting the following:
| ``Children's initiatives fund--child care | $1,300,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--child care account shall be in addition
to any expenditure limitation imposed on the children's initiatives fund for fiscal year 2001.
| Children's initiatives fund--children's cabinet | $212,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--children's cabinet account shall be in
addition to any expenditure limitation imposed on the children's initiatives fund for fiscal
year 2001.
| Children's initiatives fund--HCBS/SED waiver | $800,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--HCBS/SED waiver account shall be
in addition to any expenditure limitation imposed on the children's initiatives fund for fiscal
year 2001.
| Children's initiatives fund--health wave services | $564,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--health wave services account shall be
in addition to any expenditure limitation imposed on the children's initiatives fund for fiscal
year 2001.'';
On page 21, after line 14, by inserting the following:
``(ff) On July 1, 2000, of the $91,704,036 appropriated for the above agency for the fiscal
year ending June 30, 2001 by section 33(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the state operations account, the sum of $212,000 is
hereby lapsed.
(gg) On July 1, 2000, of the $51,312,197 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 33(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the cash assistance account, the sum of $1,300,000 is
hereby lapsed.
(hh) On July 1, 2000, of the $10,100,000 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 33(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the children's health insurance account, the sum of
$564,000 is hereby lapsed.
(ii) On July 1, 2000, of the $1,800,000 appropriated for the above agency for the fiscal
year ending June 30, 2001, by section 33(a) of 2000 House Substitute for Senate Bill No.
326 from the state general fund in the children's mental health initiatives account, the sum
of $800,000 is hereby lapsed.'';
On page 43, as amended by Senate on Final Action, in line 2, by striking ``$11,841,896``
and inserting ``$13,841,896''; in line 4, by reinserting all language after the period; by
reinserting all of lines 5 through 14;
On page 44, as amended by Senate on Final Action, by striking ``65%'' and inserting
``75%'';
On page 45, as amended by Senate on Final Action, following line 7, by striking the
following:
| ``Children's initiatives fund--inservice education aid | $2,000,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--inservice education aid account shall
be in addition to any expenditure limitation imposed on the children's initiatives fund for
fiscal year 2001.'';
Also on page 45, as amended by Senate on Final Action, following line 7, by striking the
following:
| ``Children's initiatives fund--mentor teacher program grants | $1,100,000 |
Provided, That all expenditures by the above agency from the children's initiatives fund for
fiscal year 2001 from the children's initiatives fund--mentor teacher program grants account
shall be in addition to any expenditure limitation imposed on the children's initiatives fund
for fiscal year 2001.''
On page 46, as amended by Senate on Final Action, following line 38, by striking the
following:
``(k) On July 1, 2000, the provisions of the proviso to the appropriation in the inservice
education aid account of the state general fund in House Substitute for Senate Bill No. 326
are hereby declared and are null and void and shall have no force and effect.'';
On page 53, as amended by Senate on Final Action, after line 22, by inserting the
following:
``Correctional officer pay grade increase
| For the fiscal year ending June 30, 2001 | $2,776,000 |
Provided, That expenditures shall be made from the correctional officer pay grade increase
account for fiscal year 2001 to provide a one pay grade increase to each employee in the
corrections officer I, corrections officer II and corrections specialist I job classes of the
department of corrections: Provided further, That expenditures from this account for such
additional compensation for each such employee shall be at the same time and in the same
manner that compensation is payable to each such employee for each payroll period
chargeable to fiscal year 2001: Provided, however, That the aggregate amount of
expenditures from this account for such additional compensation for all such employees in
the corrections officer I, corrections officer II and corrections specialist I job classes for
fiscal year 2001 shall not exceed $2,776,000.''
On roll call, the vote was: Yeas 17, Nays 21, Present and Passing 2, Absent or Not Voting
0.
Yeas: Becker, Biggs, Clark, Corbin, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Kerr,
Lee, Oleen, Petty, Pugh, Ranson, Salmans, Stephens.
Nays: Bond, Brownlee, Donovan, Downey, Emert, Hardenburger, Harrington,
Huelskamp, Jones, Jordan, Langworthy, Lawrence, Morris, Praeger, Salisbury, Steffes,
Steineger, Tyson, Umbarger, Vidricksen, Vratil.
Present and Passing: Barone, Bleeker.
The motion failed and the amendment was rejected.
Senator Petty moved to further amend the bill on page 17, in line 28, by adding $1,500,000
to the dollar amount and by adjusting the dollar amount in line 28 accordingly
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 13, Nays 26, Present and Passing 1, Absent or Not Voting
0.
Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Lee,
Petty, Steineger, Stephens.
Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger,
Pugh, Ranson, Salmans, Steffes, Tyson, Umbarger, Vidricksen, Vratil.
Present and Passing: Salisbury.
The motion failed and the amendment was rejected.
MESSAGE FROM THE HOUSE
Announcing passage of SB 219, as amended by House Substitute for SB 219.
The House concurs in Senate amendments to HB 2570 and requests the Senate to return
the bill.
The House nonconcurs in Senate amendments to HB 2814, requests a conference and
has appointed Reps. Boston, Geringer and Henry as conferees on the part of the House.
The House nonconcurs in Senate amendments to HB 3019, requests a conference and
has appointed Reps. Mason, Vickrey and Kuether as conferees on the part of the House.
The House not adopts the conference committee report on Substitute HB 2144,
requests a conference and appoints Representatives Freeborn, Ray and Minor as second
conferees on the part of the House.
The House adopts the conference committee report on SB 190.
The House adopts the conference committee report on SB 366.
The House adopts the conference committee report on Substitute HB 2683.
The House adopts the conference committee report on HB 2855.
The House not adopts the conference committee report on Substitute HB 2605.
ORIGINAL MOTION
On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on Sub HB 2144.
The President appointed Senators Corbin, Morris and Biggs as second conferees on the
part of the Senate.
On motion of Senator Kerr, the Senate acceded to the request of the House for a
conference on HB 2814.
The President appointed Senators Salisbury, Morris and Downey as conferees on the part
of the Senate.
On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on HB 3019.
The President appointed Senators Oleen, Harrington and Jones as conferees on the part
of the Senate.
On motion of Senator Emert the Senate adjourned until 10:00 a.m., Friday, April 28,
2000.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.