January 26, 2000
Journal of the House
|Hall of the House of Represenatitives|
The House met pursuant to adjournment with Speaker pro tem Mays in the chair.
|Topeka, KS, Wednesday, January 26, 2000, 11:00 a.m.|
The roll was called with 125 members present.
Prayer by guest chaplain, Rabbi Lawrence P. Karol, Temple Beth Sholom, Topeka:
Eternal One, Creator and Sustainer of the Universe,
Gracious Sovereign of Existence,
we thank You for this new day.
It is You, Compassionate One, to whom we turn
when we consider laws that will govern the lives
of children and those less fortunate among us.
It is You, Guide and Teacher, who grants us
knowledge to discern the meanings and
implications of bills and budgets.
It is You, the True Judge, who sharpens
our sense of justice in dealing with laws
and their enforcement.
It is You, Merciful and Patient One,
who gives us the ability to speak
to one another with respect and consideration.
It is You, our Guardian, who will grant us safety
in all of our journeys.
And we pray that You, the Caring Presence in our lives,
will be with us each day
to give us hope that the work done here makes
a positive impact on the lives of Kansans,
to grant us courage to stand up for personal convictions,
to bestow upon us blessing
when we are a blessing to each other,
and always, to share with us Your greatest gift of peace.
In Your many names, we pray, each in our own way,
and let us say Amen.
The Pledge of Allegiance was led by Rep. Barnes.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2718, An act concerning retirement; relating to defined contribution plan for em-
ployees who are members of the Kansas public employees retirement system or who become
employed after the effective date of the act, by Representatives Carmody, Aurand, Phill
Kline, Myers, Powell, Sloan and Wilk.
HB 2719, An act concerning state educational institutions; relating to tuition and fee
waivers for certain national fellowship recipients; amending K.S.A. 76-719c and repealing
the existing section, by Representative Sloan.
HB 2720, An act concerning compensation of members of the legislature; providing for
such compensation to be determined; prescribing certain procedures; amending K.S.A. 74-
4995, 75-3212 and 75-3223 and K.S.A. 1999 Supp. 46-137a, 46-137b and 46-3101 and
repealing the existing sections, by Committee on Federal and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: HB 2712.
Appropriations: HB 2706, 2707.
Governmental Organization and Elections: HB 2714; SB 375.
Insurance: HB 2708, 2709.
Judiciary: HB 2713.
Taxation: HB 2702, 2703, 2711, 2715, 2716.
Transportation: HB 2705, 2717.
Utilities: 2704, 2710.
COMMUNICATIONS FROM STATE OFFICERS
From Shirley A. Moses, Director, Division of Accounts and Reports, State of Kansas
Monthly Financial Perspective for December,1999.
From Charles E. Simmons, Secretary, Kansas Department of Corrections, Briefing Re-
The complete reports are kept on file and open for inspection in the office of the Chief
No objection was made to HB 2622 appearing on the Consent Calendar for the first day.
The House stood at ease until the sound of the gavel.
Speaker pro tem Mays called the House to order.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends SB 244 be amended by substituting a
new bill to be designated as ``House Substitute for SENATE BILL No. 244,'' as follows:
``House Substitute for SENATE BILL No. 244
By Committee on Appropriations
``AN ACT relating to elections; concerning the presidential preference primary election;
amending K.S.A. 1999 Supp. 25-4501 and repealing the existing section; also repealing
sections 2 and 3 of chapter 3 of the 1996 Session Laws of Kansas.'';
and the substitute bill be passed.
(H. Sub. for SB 244 was thereupon introduced and read by title.)
The Committee on Federal and State Affairs recommends HB 2637 be amended on
page 1, by striking all in lines 35, 36 and 37 and inserting:
``(d) The provisions of this subsection (d) shall not apply to premises located on property
on which a licensed premise is or has been located prior to the effective date of this act.'';
On page 2, by striking all in line 6 and inserting:
``Sec. 2. K.S.A. 41-2608 is hereby amended to read as follows: 41-2608. (a) Any club
or drinking establishment license issued pursuant to this act shall be for one particular
premises which shall be stated in the application and in the license. No license shall be
issued for a club or drinking establishment unless the city, township or county zoning code
allows a club or drinking establishment at that location.
(b) The provisions of this subsection (b) shall not apply to premises located on property
on which a licensed premise is or has been located prior to the effective date of this act.
In addition to the limitations and requirements imposed by subsection (a), no license for
a club or drinking establishment shall be issued for premises:
(1) Unless the property line of the property on which such premises are located is at
least 200 yards from the property line of property on which is located any public or parochial
school or college or church. If any such school, college or church is established on property
located within the area described in this paragraph after the premises have been licensed,
the premises shall be an eligible location for licensing as a club or drinking establishment;
(2) not conforming to the building ordinance or laws of the state or city or, in the absence
of such ordinances or laws, are not structurally in good condition or are in a dilapidated
Sec. 3. K.S.A. 41-710 and 41-2608 are hereby repealed.'';
By renumbering section 3 as section 4;
In the title, by striking all in lines 9, 10 and 11 and inserting:
``AN ACT concerning the location of retail liquor stores, microbreweries and farm wineries;
concerning the location of clubs and drinking establishments; amending K.S.A. 41-710
and 41-2608 and repealing the existing sections.''; and the bill be passed as amended.
The Committee on Local Government recommends HB 2241, 2598 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
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 resolutions were thereupon introduced and read by
HB 2721, An act relating to oil and gas severance taxation; concerning the exemption
for incremental production resulting from production enhancement projects; amending
K.S.A. 1999 Supp. 79-4217 and repealing the existing section, by Committee on Taxation.
HB 2722, An act concerning open records; access to such records; establishing a freedom
of information officer and providing for the powers and duties thereof; amending K.S.A.
45-218, 45-222 and 45-223 and K.S.A. 1999 Supp. 45-219 and repealing the existing sections,
by Committee on Local Government.
HB 2723, An act concerning crimes, criminal procedure and punishment; relating to
field services; prescribing certain duties on the supreme court, by Joint Committee on
Corrections and Juvenile Justice Oversight.
HB 2724, An act concerning corrections; relating to placement of inmates; amending
K.S.A. 75-52,129 and repealing the existing section, by Joint Committee on Corrections and
Juvenile Justice Oversight.
HOUSE CONCURRENT RESOLUTION No. 5055--
By Committee on Taxation
A PROPOSITION to amend article 11 of the constitution of the state of Kansas by adding
a new section thereto relating to the imposition of certain retailers' sales and compen-
sating use taxes for the use and benefit of soil and water conservation; for the develop-
ment, maintenance and operation of state parks and lakes; and for wildlife restoration
Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected
(or appointed) and qualified to the House of Representatives and two-thirds of the mem-
bers elected (or appointed) and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the state of Kansas
shall be submitted to the qualified electors of the state for their approval or rejection: Article
11 of the constitution of the state of Kansas is hereby amended by adding a new section
thereto to read as follows:
``§ 14. (a) (1) On and after January 1, 2001, for the privilege of engaging in the business
of selling tangible personal property at retail in this state or rendering or furnishing any of
the services taxable under the Kansas retailers' sales tax act, there is hereby imposed and
there shall be collected and paid a tax at the rate of .25% upon the gross receipts paid
``(2) On and after January 1, 2001, for the privilege of using, storing or consuming within
this state any article of tangible personal property, there is hereby imposed and there shall
be collected and paid a tax at the rate of .25% upon the gross receipts paid therefor.
``(b) Such taxes shall be in addition to all other taxes authorized by law, and shall be
identical in their application, exemptions, administration, enforcement and collection as
taxes imposed and collected pursuant to the Kansas retailers' sales tax and Kansas compen-
sating tax acts and rules and regulations authorized thereby.
``(c) Of all moneys received by the state treasurer pursuant to this section, except that
required for the payment of refunds, 50% shall be credited to the soil and water sales tax
fund, which is hereby created; 25% shall be credited to the state park and lakes sales tax
fund, which is hereby created; and 25% shall be credited to the wildlife restoration sales tax
fund, which is hereby created. Moneys credited to the soil and water sales tax fund shall be
used only for the saving of the soil and water of Kansas and for the conservation of the
productive power of Kansas agricultural land. Moneys credited to the state park and lakes
sales tax fund shall be used only for the development, maintenance and operation of state
parks and lakes. Moneys credited to the wildlife restoration sales tax fund shall be used only
for wildlife restoration habitat programs which are privately maintained. Moneys credited
to such funds shall be invested in the manner prescribed by law and all income derived
therefrom shall be credited to such funds.''
Sec. 2. The following statement shall be printed on the ballot with the amendment as
``Explanatory statement. The purpose of this proposition is to allow the voters to decide
if the retailers' sales and compensating use tax should be increased by a quarter of
a cent and the proceeds be placed in special funds and used only for the purpose of
providing additional moneys for the use and benefit of soil and water conservation;
for the development, maintenance and operation of state parks and lakes; and for
wildlife restoration habitat programs.
``A vote for this proposition would provide for the imposition of such additional retailers'
sales and compensating use taxes and require that the proceeds be used only for the
use and benefit of soil and water conservation; for the development, maintenance
and operation of state parks and lakes; and for wildlife restoration habitat programs.
``A vote against this proposition would provide no constitutional requirement for the
imposition of additional retailers' sales and compensating use taxes for the use and
benefit of soil and water conservation; for the development, maintenance and op-
eration of state parks and lakes; and for wildlife restoration habitat programs.''
Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed)
and qualified to the House of Representatives, and two-thirds of the members elected (or
appointed) and qualified to the Senate shall be entered on the journals, together with the
yeas and nays. The secretary of state shall cause this resolution to be published as provided
by law and shall cause the proposed amendment to be submitted to the electors of the state
at the general election to be held on November 7, 2000.
HOUSE CONCURRENT RESOLUTION No. 5056--
By Committee on Taxation
A CONCURRENT RESOLUTION memorializing Congress to eliminate or
significantly reduce taxation of Social Security benefits.
WHEREAS, Social Security is a national, mandatory program requiring nearly all Amer-
icans to contribute a portion of their wages during their working years into a system which
provides a benefit to such workers upon retirement; and
WHEREAS, Many Americans pay Social Security taxes for over 40 years before becom-
ing eligible to receive any benefits from the system; and
WHEREAS, For many Americans, the receipt of Social Security benefits is but a return
of taxes paid during their working years. Present law, however, requires recipients to pay
income taxes on a portion of Social Security benefits received--resulting in a tax on the
return of earlier taxes paid into the system; and
WHEREAS, Current law provides that up to 85% of Social Security benefits are subject
to income taxes, a bitter pill to swallow by retirees living on a fixed income: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring
therein: That the Congress of the United States be memorialized to eliminate or substan-
tially reduce the taxation of Social Security benefits; and
Be it further resolved: That if this onerous tax cannot be eliminated, such tax should be
limited to taxation of the lesser of 20% of annual benefits received or 20% of the excess of
adjusted gross income over a base of $64,000 for married taxpayers filing jointly and $50,000
for all other taxpayers; and
Be it further resolved: That the Secretary of State be directed to send an enrolled copy
of this resolution to each member of the Kansas Congressional delegation.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2400 from Committee on Cal-
endar and Printing and rereferral to Committee on Utilities.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Thursday, January
CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.