J o u r n a l   o f   t h e   H o u s e


                                 EIGHTEENTH DAY
                                    --------


                                           HALL OF THE HOUSE OF
     REPRESENTATIVES
                           TOPEKA, KAN., Thursday, February 6, 1997, 11:00 a.m.

  The House met pursuant to adjournment with Speaker Shallenburger in the
chair.
  The roll was called with 122 members present.
  Reps. Glasscock and J. Long were excused on legislative business.
  Rep. Farmer was excused on excused absence by the Speaker.
  Prayer by guest chaplain, the Rev. Phyllis Nungester, pastor, Glasco
Christian Church, Glasco, and guest of Rep. Freeborn:
   Dear God, our Heavenly Father
     We thank You for the opportunity of gathering before You here today. It
   encourages us to know that You are here among us, and that You invite us
   to depend upon You as we go about our day.
     Father, we have a great need in our land for a turning to You. Help us
   to be mindful of Your guidelines for our lives, and for our state and our
   nation. Grant that we may continue to live in an environment that makes it
   possible for all people to live in peace and harmony with each other and
   with you.
     Bless these special people gathered here today who make the laws by
   which our state is governed. Help those of us who elected them to give the
   faithful prayer support upon which they depend.
     Above all else, we thank you for the gift of your Son, our risen Savior,
   Jesus Christ. May all we do honor Him.
     In the name of Jesus we pray. Amen.
   INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS   The following
   bills and concurrent resolution were introduced and read by title:
     HB 2238, An act concerning retirement and pensions; relating to
   the Kansas public employees retirement system and systems thereunder;
   state school retirement system; benefits and contributions; arrearages;
   prior and participating service credit; hearing officers; amending K.S.A.
   20-2610 and 72-5501 and K.S.A. 1996 Supp. 74-4904, 74-4910, 74-4911f,
   74-4914, 74-4920, 74-4957, 74-4957a and 74-4990 and repealing the existing
   sections, by Joint Committee on Pensions, Investments and Benefits.
     HB 2239, An act concerning the Kansas public employees retirement
   system; relating to membership waiting period; amending K.S.A. 1996 Supp.
   74-4911 and repealing the existing section, by Joint Committee on
   Pensions, Investments and Benefits.
     HB 2240, An act concerning the Kansas public employees retirement
   system; relating to long-term disability benefits; workers compensation
   and social security offset; amending K.S.A. 1996 Supp. 74-4927 and
   repealing the existing section, by Joint Committee on Pensions,
   Investments andBenefits.
     HB 2241, An act concerning leases of office and storage space for
   state agencies; prescribing certain competitive bidding and bid award
   procedures therefor; amending K.S.A. 1996 Supp. 75-3739 and repealing the
   existing section, by Representative Garner.
     HB 2242, An act concerning compensating use taxation; concerning
   the collection thereof; amending K.S.A. 12-198 and repealing the existing
   section, by Representative Weiland.
     HB 2243, An act concerning motor vehicles; relating to Kansas 
     national guard license plates; amending K.S.A. 1996 Supp. 8-177a and 
     repealing the existing section, by Committee on Transportation.
     HB 2244, An act concerning the public employer-employee relations
   act; relating to the applicability of the act to local units of
   government; amending K.S.A. 75-4321 and repealing the existing section, by
   Committee on Business, Commerce and Labor.
   HOUSE CONCURRENT RESOLUTION No. 5013--
                           By Representative Alldritt
 PROPOSITION to amend section 3b of article 15 of the constitution of the state
     of
    Kansas, relating to horse and dog racing and parimutuel racing thereon.
   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 members 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: Section 3b of article 15 of the
   constitution of the state of Kansas is hereby amended to read as follows:
     ``(section) 3b.  Regulation, licensing and taxation of horse and dog
   racing and parimutuel wagering thereon. Notwithstanding the provisions
   of section 3 of article 15 of the constitution of the state of Kansas, the
   legislature may permit, regulate, license and tax, at a rate not less than
   3% nor more than 6% of all money wagered, the operation or conduct, by
   bona fide nonprofit organizations, of horse and dog racing and parimutuel
   wagering thereon in any county in which: (a) A majority of the qualified
   electors of the county voting thereon approve this proposed amendment; or
   (b) the qualified electors of the county approve a proposition, by a
   majority vote of those voting thereon at an election held within the
   county, to permit such racing and wagering within the boundaries of the
   county. No off-track betting shall be permitted in connection with
   horse and dog racing permitted pursuant to this section.'' to read as
   follows:
     Sec. 2.  The following statement shall be printed on the ballot with the
   amendment as a whole:
     ``Explanatory statement. The purpose of this amendment is to
   remove the prohibition against off-track betting.
     ``A vote for this proposition would remove the prohibition against
   off-track betting.
     ``A vote against this proposition favors retaining the current
   prohibition against off-track betting.''
  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 in the year 1998 unless a special election is called at a
sooner date by concurrent resolution of the legislature, in which case it shall
be submitted to the electors of the state at the special election.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS   The following bills and
resolutions were referred to committees as indicated:
  Business, Commerce and Labor: HB 2230.
  Education: HB 2221, 2234, 2237.
  Environment: HB 2222, 2226.
  Federal and State Affairs: HCR 5012.
  Governmental Organization and Elections: HB 2227.
  Health and Human Services: HB 2224, 2225.
  Judiciary: HB 2228, 2229, 2231, 2232, 2233, 2235, 2236.
  Transportation: HB 2223.
  Utilities: HR 6009.
CHANGE OF REFERENCE   Speaker Shallenburger announced the withdrawal of 
HB 2188 from Committee on Tourism and Committee on Environment, 
jointly, and referral to Committee on Tourism and Committee on Environment, 
separately.
  Also, the withdrawal of HB 2090 from Committee on Appropriations and
Committee on Education, jointly, and referral to Committee on Appropriations
and Committee on Education, separately.
MESSAGE FROM THE SENATE   Announcing passage of SB 17, 33, 37, 53, 58,
62, 63, 77, 83 .
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS   The following
Senate bills were thereupon introduced and read by title:
  SB 17, 33, 37, 53, 58, 62, 63, 77, 83.
CONSENT CALENDAR   Objection was made to HB 2123, 2042, 2080
appearing on the Consent Calendar; the bills were placed on the calendar under
the heading of General Orders.
REPORTS OF STANDING COMMITTEES   The Committee on Business, Commerce
and Labor recommends HB 2022 be amended on page 12, in line 17, by
striking ``and''; in line 21, before the period by inserting ``; and
  (iv)  for purposes of this act, a sale or a sale resulting exclusively from a
solicitation made by telephone, mail, or other telecommunications method, or
other nonpersonal method does not satisfy the requirements of this section'';
and the bill be passed as amended.
  The Committee on Financial Institutions recommends HB 2070 be
amended on page 1, following line 13, by inserting the following section:
  ``Section 1.  K.S.A. 9-1114 is hereby amended to read as follows: 9-1114. The
business of any bank or trust company shall be managed and controlled by its
board of directors and this shall include the authority to provide for bonus
payments, in addition to ordinary compensation for any or all of its officers
and employees. The board shall consist of not less than five nor more than 25
members, all of whom shall be stockholders of the bank or trust company or
of the parent corporation of the bank or trust company, and who shall be
elected by the stockholders at any regular annual meeting which shall be held
during the first 120 days of each calendar year. If the number of directors
elected is less than 25, the number of directors may be increased so long as
the total number does not exceed 25 and when the number is increased the first
additional directors may be elected at a special meeting of the stockholders.
The directors shall be elected in the manner provided in the general
corporation code. Vacancies in the board of directors may be filled in the
manner provided in the general corporation code. A majority of the directors
shall be residents of this state. Any director of any bank or trust company who
shall become indebted to such bank or trust company on any judgment or charged
off indebtedness shall forfeit such person's position as director and such
vacancy shall be filled as provided by law.'';
  Also on page 1, in line 14, by striking ``Section 1.'' and inserting ``Sec.
2.'';
  And by renumbering sections accordingly;
  Also on page 1, in line 26, by striking ``9-1118 is'' and inserting ``9-1114
and 9-1118 and K.S.A. 1996 Supp. 9-1117 are'';
  Also on page 1, in the title, in line 10, preceding ``9-1118'' by inserting
``9-1114 and''; in line 11, by striking ``section'' and inserting ``sections;
also repealing K.S.A. 1996 Supp. 91117''; and the bill be passed as amended.
  The Committee on Financial Institutions recommends HB 2094 be
amended on page 1, in line 16, by striking ``rule'' and inserting ``rules and
regulations''; in line 34, by striking ``rule'' and inserting ``rules and
regulations''; in line 38, by striking ``rule'' and inserting ``rules and
regulations''; in line 42, by striking ``rule'' and inserting ``rules and
regulations'';
  On page 2, in line 11, by striking ``rule'' and inserting ``rules and
regulations'';
  On page 6, in line 7, by striking ``due'';
  On page 7, in line 7, by striking ``rule'' and inserting ``rules and 
regulations''; in line 24, following ``adviser'' where it appears for the 
first time by inserting ``or federal covered adviser''; also in line 24, 
following ``adviser'' where it appears for the second time by
inserting ``or federal covered adviser''; in line 32, by striking ``rule'' and
inserting ``rules and regulations''; in line 33, following ``shall'' by
inserting ``be effective from its original filing date and''; in line 35, by
striking ``(e)'' and inserting ``(d)'';
  On page 8, in line 39, by striking ``rule'' and inserting ``rules and
regulations'';
  On page 9, in line 4, by striking ``rule'' and inserting ``rules and
regulations''; in line 14, by striking ``rule'' and inserting ``rules and
regulations''; in line 17, by striking ``rule'' and inserting ``rules and
regulations''; in line 23, by striking ``rule'' and inserting ``rules and
regulations''; in line 28, by striking ``rule'' and inserting ``rules and
regulations''; in line 42, following ``advisers'' by inserting ``, federal
covered advisers'';
  On page 12, in line 21, following ``sales'' by inserting ``or investment
adviser'';
  On page 14, in line 18, by striking ``insurer'' and inserting ``issuer''; in
line 20, by striking ``rule'' and inserting ``rules and regulations'';
  On page 15, in line 19, by striking all following ``shall''; in line 20, by
striking all preceding the period and inserting ``maintain records of
securities registrations, exemption filings, notice filings and orders issued
as required or authorized by this act'';
  On page 19, in line 42, by striking ``he'' and inserting ``the
commissioner''; also in line 42, by striking ``rule'' and inserting ``rules and
regulations'';
  On page 20, in line 4, following ``rule'' by inserting ``and regulation'';
  On page 21, in line 37, following ``rules'' by inserting ``and regulations'';
  On page 22, in line 3, by striking ``or'' and inserting ``, agent,''; also in
line 3, following ``adviser'' by inserting ``or investment adviser
representative''; by striking all of lines 13 through 21; in line 22, by
striking ``(f)'' and inserting ``(e)''; in line 39, by striking ``(g)'' and
inserting ``(f)''; by striking all of line 43;
  On page 23, by striking all of lines 1 and 2; in line 3, by striking all
preceding ``shall'' and inserting ``Records maintained by the commissioner, as
required by this act, and copies of such records shall be made available to the
public in accordance with the open records act. Copies''; following line 23, by
inserting the following:
  ``Sec. 13.  K.S.A. 1996 Supp. 17-1261 is hereby amended to read as follows:
17-1261. K.S.A. 17-1255 through 17-1260, and amendments thereto, shall not
apply to any of the following securities:
  (a)  Any security issued or guaranteed by the United States or by any state,
territory or insular possession thereof, or by any political subdivision of any
such state, territory or insular possession, or by the District of Columbia, or
by any public agency or instrumentality of one or more of any of the foregoing.
  (b)  Any security issued or guaranteed by Canada, any Canadian province, any
political subdivision of any such province, any agency or corporate or other
instrumentality of one or more of the foregoing or any other foreign government
or governmental combination or entity with which the United States maintains
diplomatic relations, if the security is recognized as a valid obligation by
the issuer, insurer or guarantor.
  (c)  Any security issued by and representing an interest in or a debt of, or
guaranteed by, any bank organized under the laws of the United States, or any
bank, savings institution, credit union or trust company organized and
supervised under the laws of this state except that the issuer of such security
is subject to the supervision of the banking department, savings and loan
department or credit union administrator of this state.
  (d)  Any security issued by and representing an interest in or a debt of, or
guaranteed by, any federal savings and loan association, or any savings and
loan association organized under the laws of this state and authorized to do
business in this state.
  (e)  Any security issued by and representing an interest in or a debt of, or
guaranteed by, any insurance company organized under the laws of any state and
authorized to do business in this state when such securities are sold by the
issuer.
  (f)  Any security issued or guaranteed by any railroad, or public utility
which is:
  (1)  Subject to the jurisdiction of the interstate commerce commission;
  (2) (1)  a registered holding company under the public utility
holding company act of 1935 or a subsidiary of such a company within the
meaning of that act; or (3) (2)  regulated by a 
governmental authority of the United States or any state in respect to the 
issuance or guarantee of the security.
  (g)  Any security as to which the commissioner by rule and regulation finds
that registration is not necessary or appropriate for the protection of
investors.
  (h)  Any security issued by any person organized and operated not for private
profit but exclusively for religious, educational, benevolent, charitable,
fraternal, social, athletic, fire protection, fire fighting or reformatory
purposes, or as a chamber of commerce or trade or professional association if
no part of the net earnings of such person inures to the benefit of any private
stockholder and provided that the issuer has filed with the commissioner at
least 10 days prior to any sale a notice setting forth the material terms of
the proposed sale, copies of any sales and advertising literature to be used,
and such other information required by the commissioner, and the commissioner
does not by order disallow the exemption within 10 days after filing.
  (i)  Any commercial paper which arises out of a current transaction or the
proceeds of which have been or are to be used for current transactions, and
which evidences an obligation to pay cash within nine months of the date of
issuance, exclusive of days of grace, or any renewal of such paper which is
likewise limited, or any guarantee of such paper or of any such renewal.
  (j)  Any securities issued in connection with an employee's stock purchase,
savings, pension, profit-sharing or similar benefit plan, or a self-employed
person's retirement plan.
  (k)  Any security evidencing membership in, or issued as a patronage dividend
by, a cooperative association organized under the laws of this state
exclusively for the purpose of conducting an agricultural, dairy, livestock or
produce business, or selling, processing, storing, marketing or otherwise
handling any agricultural, dairy, livestock or produce, and any activities
incidental to these purposes.
  (l)  Any security issued by and representing an interest in or debt of, or
evidencing membership in, or issued as a patronage dividend to residents or
landowners of not to exceed five contiguous counties in Kansas by a cooperative
association organized under the laws of this state exclusively for the purpose
of conducting an agricultural, dairy, livestock or produce business, or
selling, processing, storing, marketing, retailing, or otherwise handling any
agricultural, dairy, livestock or produce, or farm supplies, and any activities
incidental to these purposes.
  (m)  Securities constituting part of an issue, which, in whole or in part has
been lawfully sold and distributed to the public in this or any other state,
when offered for resale in good faith and not directly or indirectly for the
benefit of the issuer or for the direct or indirect purpose of promoting any
scheme or enterprise having the effect of violating or evading any provisions
of this act, except that this exemption shall not apply (1) where the authority
to sell such securities has been prohibited or denied under the provisions of
this act, or (2) where the sale of such securities in this state has been
enjoined as provided in this act or   (3) until there shall have been filed
with the securities commissioner of Kansas by any registered broker-dealer a
prospectus in such form as may be prescribed by the commissioner containing:
(A) Latest available financial statement of the issuer; (B) management
personnel; and (C) such other available information as the commissioner may
require. The filing of the prospectus and its approval by the commissioner
shall constitute the exemption herein provided. Any prospectus may be
disapproved at any time, if after a reasonable notice and a hearing, the
commissioner shall find that the further exemption of the securities would be
fraudulent or tend to work imposition or fraud upon the purchaser thereof.
  (n)  Any annuity, gift annuity, charitable remainder unitrust, charitable
remainder annuity trust, endowment contract, life income contract, or
investment contract issued by the governing body of any four-year liberal arts
college situated in the state of Kansas, and the provisions of K.S.A. 17-1254,
and amendments thereto, shall not apply to any person in the issuance of such
securities governed by this subsection.
  (o)  Any annuity, gift annuity, charitable remainder unitrust, charitable
remainder annuity trust, endowment contract, life income contract or investment
contract issued by the governing body of any nonprofit corporation or
foundation organized under the laws of this state, for religious, charitable or
educational purposes, or for the treatment and rehabilitation of children and 
adolescents, and which corporation or foundation is licensed by the secretary 
of social and rehabilitation services or secretary of health and environment, 
if such corporation or foundation has been in existence for more than five 
years and has fund balances in its endowment fund and unrestricted funds 
totaling together $1,000,000 or more, and the provisions of K.S.A. 17-1254, 
and amendments thereto, shall not apply to any person in the issuance of 
securities governed by this subsection.
  (p)  Any security issued by a bank holding company wholly or partially in
exchange for the capital stock of a bank that is, or will become upon
consummation of such exchange, a subsidiary of such bank holding company; or
any security issued by a savings and loan holding company wholly or partially
in exchange for the capital stock of an insured institution that is, or will
become upon consummation of such exchange, a subsidiary of such savings and
loan holding company. As used in this subsection, ``bank,'' ``bank holding
company'' and ``subsidiary'' shall have the same meanings as are set forth in
the federal bank holding company act of 1956, as amended and ``savings and loan
holding company'' and ``insured institution'' shall have the same meanings as
are set forth in section 408 of the national housing act, as amended.'';
  And by renumbering sections accordingly;
  Also on page 23, in line 25, following ``17-1259,'' by inserting
``17-1261,'';
  On page 1, in the title, in line 11, following ``17-1259'' by inserting ``,
17-1261''; and the bill be passed as amended.
  The Committee on Insurance recommends HB 2071 be amended as
follows:  on page 3, after line 38, by inserting the following:
  ``(4)  An applicant for an individual agent's license who previously held a
license which expired on or before April 30, 1989, for failure to meet the
minimum educational requirements contained in K.S.A. 40-240b, and amendments
thereto, as it existed prior to the passage of this act and who seeks to be
relicensed shall pass the examination required for issuance of the new
license.'';
  And by renumbering the subsections accordingly; and the bill be passed as
amended.
  The Committee on Judiciary recommends HB 2007 be amended on page
3, in line 10, by striking ``or, when the''; by striking all in lines 11 and
12; in line 13, by striking ``inaccessible,''; in line 14, by striking ``one of
the foremen-''; in line 15, by striking ``tioned days'' and inserting: ``a
Saturday, a Sunday or a legal holiday'';
  On page 4, following line 13, by inserting the following:
  ``Sec. 4.  K.S.A. 60-208 is hereby amended to read as follows: 60-208. (a)
Claims for relief. A pleading which sets forth a claim for relief,
whether an original claim, counterclaim, cross-claim, or third-party claim,
shall contain: (1) A short and plain statement of the claim showing that the
pleader is entitled to relief; and (2) a demand for judgment for the relief to
which the pleader deems such pleader's self entitled. Every pleading demanding
relief for damages in money in excess of $50,000 $75,000, without
demanding any specific amount of money, shall set forth only that the amount
sought as damages is in excess of $50,000 $75,000, except in
actions sounding in contract. Every pleading demanding relief for damages in
money in an amount of $50,000 $75,000 or less shall specify the
amount of such damages sought to be recovered. Relief in the alternative or of
several different types may be demanded.
  (b)  Defenses; form of denials. A party shall state in short and plain
terms such party's defenses to each claim asserted and shall admit or deny the
averments upon which the adverse party relies. If the party is without
knowledge or information sufficient to form a belief as to the truth of an
averment, the party shall so state and this has the effect of a denial. Denials
shall fairly meet the substance of the averments denied. When a pleader intends
in good faith to deny only a part or a qualification of an averment, the
pleader shall specify so much of it as is true and material and shall deny only
the remainder. Unless the pleader intends in good faith to controvert all the
averments of the preceding pleading, the pleader may make denials as specific
denials of designated averments or paragraphs, or the pleader may generally
deny all the averments except such designated averments or paragraphs as the
pleader expressly admits; but, when the pleader does so intend to controvert
all averments, the pleader may do so by general denial, subject to the
obligations set forth in K.S.A. 60-211, and amendments thereto.
  (c)  Affirmative defenses. In pleading to a
preceding pleading a party shall set forth affirmatively accord and
satisfaction, arbitration and award, assumption of risk, contributory
negligence, discharge in bankruptcy, duress, estoppel, failure of
consideration, fraud, illegality, injury by fellow servant, laches, license,
payment, release, res judicata, statute of frauds, statute of
limitations, waiver, and any other matter constituting an avoidance or
affirmative defense. When a party has mistakenly designated a defense as a
counterclaim or a counterclaim as a defense, the court on terms, if justice so
requires, shall treat the pleading as if there had been a proper designation.
  (d)  Effect of failure to deny. Averments in a pleading to which a
responsive pleading is required or permitted, other than those as to the amount
of damage, are admitted when not denied in the responsive pleading. Averments
in a pleading to which no responsive pleading is required or permitted shall be
taken as denied or avoided.
  (e)  Pleading to be concise and direct; consistency. (1) Each averment
of a pleading shall be simple, concise, and direct. No technical forms of
pleading or motions are required.
  (2)  A party may set forth two or more statements of a claim or defense
alternately or hypothetically, either in one count or defense or in separate
counts or defenses. When two or more statements are made in the alternative and
one of them if made independently would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of the alternative statements.
A party may also state as many separate claims or defenses as the party has
regardless of consistency and whether based on legal or on equitable grounds or
on both. All statements shall be made subject to the obligations set forth in
K.S.A. 60211, and amendments thereto.
  (f)  Construction of pleadings. All pleadings shall be so construed as
to do substantial justice. and the bill be passed as amended.'';
  And by renumbering sections accordingly;
  On page 5, in line 4, by striking ``$50,000'' and inserting ``$75,000''; in
line 28, before ``of'' by inserting: ``provided for by this article''; in line
31, before ``of'' by inserting: ``provided for by this article'';
  On page 6, in line 13, before ``is'' where it appears for the first time, by
inserting: ``provided for by this article''; in line 15, before ``is'' by
inserting: ``provided for by this article'';
  On page 9, in line 31, by striking ``Except'' and inserting: ``If a case
management conference is held, except'';
  On page 15, in line 21, by striking ``report'' and inserting ``disclosure'';
in line 22, by striking ``(b)(6)(B)'' and inserting ``(b)(6)''; in line 23, by
striking ``report'' and inserting ``disclosure'';
  On page 17, in line 28, by striking ``from whom a report is required''; in
line 29, by striking ``(b)(6)(B)'' and inserting ``(b)(6)''; in line 30, by
striking ``report'' and inserting ``disclosure'';
  On page 29, in line 36, by striking ``period upon a''; by striking all in
line 37; in line 38, by striking all before the period;
  On page 31, in line 11, by striking ``period upon''; by striking all in line
12; in line 13, by striking ``piration of the stated time period'';
  On page 32, in line 39, by inserting before ``the party'' the following: ``or
within such shorter or longer time as the court may allow,''; in line 42,
before ``a'' by inserting: ``, unless the court shortens the time,'';
  On page 33, in line 1, by striking ``The court''; by striking all in lines 2
and 3; in line 4, by striking all before ``If''; in line 31, by striking
``Except for matters admitted by failure''; in line 32, by striking ``to
respond,'' and inserting ``Any'';
  On page 48, in line 16, before ``Upon'' by inserting: ``Notice of the
issuance of a subpoena pursuant to this section where the attendance of the
custodian of the business records is not required shall be given to all parties
to the action at least 10 days prior to the issuance thereof. A copy of the
proposed subpoena shall also be served upon all parties along with such notice.
In the event any party objects to the production of the documents sought by
such subpoena prior to its issuance, the subpoena shall not be issued until
further order of the court in which the action is pending.
  (f)``;
  On page 50, following line 23, by inserting the following:
``Sec. 2.  K.S.A. 60-254 is hereby amended to read as follows: 60-254. 
  (a) Definition. A judgment is the final determination of the rights 
of the parties in an action.
  (b)  Judgment upon multiple claims. When more than one claim for relief
is presented in an action, whether as a claim, counterclaim, cross-claim or
third-party claim or, when multiple parties are involved, the court may direct
the entry of a final judgment as to one or more but fewer than all of the
claims or parties only upon an express determination that there is no just
reason for delay and upon an express direction for the entry of judgment. In
the absence of such determination and direction, any order or other form of
decision, however designated, which adjudicates fewer than all the claims or
the rights and liabilities of fewer than all the parties shall not terminate
the action as to any of the claims or parties, and the order or other form of
decision is subject to revision at any time before the entry of judgment
adjudicating all the claims and the rights and liabilities of all the parties.
  (c)  Demand for judgment. A judgment by default shall not be different
in kind from or exceed in amount that prayed for in the demand for judgment.
Before any default judgment is taken in any action in which a pleading contains
a demand for money damages in excess of $50,000 $75,000 as provided
in subsection (a) of K.S.A. 60-208 and amendments thereto, the party seeking
relief must notify the party against whom relief is sought of the amount of
money for which judgment will be taken. Notice shall be given by certified
mail, return receipt requested, or as the court may order, at least 10 days
prior to the date judgment is sought. Proof of service shall be filed and
submitted to the court. Except as to a party against whom a judgment is entered
by default, every final judgment shall grant the relief to which the party in
whose favor it is rendered is entitled, even if the party has not demanded such
relief in such party's pleadings.'';
  And by renumbering sections accordingly;
  On page 53, by striking all in lines 17 through 20 and inserting the
following:
  ``(2)  generally accepted as reliable within the expert's particular
scientific field; and'';
  Also on page 53, in line 21, by striking ``(4)'' and inserting ``(3)'';
  On page 58, in line 21, after ``60-206,'' by inserting ``60-208,''; in line
24, after ``60-252,'' by inserting ``60-254,'';
  On page 1, in the title, in line 10, after ``60-206,'' by inserting
``60-208,''; in line 12, after ``60-252,'' by inserting ``60-254,'';
  The Committee on Utilities recommends HB 2074 be amended on page
2, in line 25, by striking the last comma and inserting ``or'';
  On page 3, in line 12, by striking ``66-1404'' and inserting ``66-1401''; and
the bill be passed as amended.
  Upon unanimous consent, the House referred back to the regular order of
business, Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS   The following bills
were read by title:
  HB 2245, An act concerning agricultural seeds; relating to the
registration of seed cleaners; concerning seed varieties; amending K.S.A.
2-1415, 2-1421 and 2-1421a and repealing the existing sections, by Committee on
Agriculture.
  HB 2246, An act relating to income taxation; excluding certain interest
income amounts therefrom; amending K.S.A. 1996 Supp. 79-32,117 and repealing
the existing section, by Representatives Presta, Bradley, Dahl, Freeborn,
Hayzlett, Horst, Jennison, Lloyd, Mays, Mollenkamp, Packer, Powell, Tanner,
Vickrey and Wagle.
  HB 2247, An act concerning members and employees of the state
corporation commission; prohibiting certain conflicts of interest and providing
penalties for violations, by Committee on Utilities.
  HB 2248, An act concerning motor vehicles; relating to the registration
thereof; amending K.S.A. 1996 Supp. 8-145d and repealing the existing section,
by Representatives Garner, Empson and Compton.
  HB 2249, An act creating a contribution assistance program for the
homeless and hungry; relating to income taxation; providing a credit therefrom
for certain contributions; amending K.S.A. 1996 Supp. 79-32,117 and 79-32,195
and repealing the existing sections, by Representative Mayans.
  HB 2250, An act concerning criminal
procedure; relating to the admissibility of report of forensic examiner;
amending K.S.A. 1996 Supp. 22-2902a and repealing the existing section, by
Representative Howell.
  HB 2251, An act relating to sales taxation; exempting purchases
necessary to make accessible certain facilities to persons with a disability;
amending K.S.A. 1996 Supp. 793606 and repealing the existing section, by
Representatives Freeborn, Compton, Farmer, Geringer, Gilmore, Horst, Jennison,
Kejr, Lloyd, P. Long, McCreary, Morrison, Myers, Neufeld, J. Peterson, Phelps,
Ray, Samuelson, Schwartz, Shultz, Tanner, Toplikar, Wagle and Wilson.
  HB 2252, An act concerning insurance; relating to insurance fraud;
prohibiting certain acts and prescribing penalties therefor; repealing K.S.A.
40-417 and K.S.A. 1996 Supp. 402,118, by Committee on Judiciary.
  HB 2253, An act concerning crimes and punishment; relating to
mistreatment of a dependent adult; amending K.S.A. 21-3437 and repealing the
existing section, by Committee on Judiciary.
  HB 2254, An act concerning the administrative procedure act; creating
an office of administrative hearings within the department of administration;
amending K.S.A. 65-163a, 65-164, 65-165, 65-3483, 65-3488, 65-3490, 75-3306,
77-518 and 79-3313 and K.S.A. 1996 Supp. 44-1005, 65-163, 65-526, 77-514 and
77-527 and repealing the existing sections, by Committee on Judiciary.
  HB 2255, An act concerning insurance; relating to cost reimbursement
for necessary food treatment products; amending K.S.A. 1996 Supp. 65-180 and
repealing the existing section, by Representatives Presta, Alldritt, Empson,
Faber, Horst, Krehbiel, Mollenkamp, Pauls, Reardon, Sawyer, Shultz and Swenson.
  HB 2256, An act concerning the Kansas state high school athletics
association's regulation of schoolactivities and interschool extracurricular
activities; defining non-school activities; amending K.S.A. 72-133 and K.S.A.
1996 Supp. 72-130 and repealing the existing sections, by Representatives
Helgerson and Vickrey.
  On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday,
February 7, 1997.
                                             CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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