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


                                TWENTY-FIFTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                           TOPEKA, KAN., Monday, February 17, 1997, 11:00 a.m.

  The House met pursuant to adjournment with Speaker Shallenburger in the
chair.
  The roll was called with 121 members present.
  Reps. Ballou, Carmody, Ruff and Shultz were excused on excused absence by the
Speaker.
  Prayer by guest chaplain, the Rev. Harry H. Cunningham, Central Christian
Church, Arkansas City, and guest of Rep. Shriver:
     O Gracious God, God of our State and our Nation, Creator and Mover of
   history, we come this day in great awe because we read in Sacred History
   that in the beginning You moved in the chaos which was there and brought
   order. We come now to ask for Your wisdom since chaos so often seems to
   rule in our affairs.
     We read also that you brought a nation into existence and that You chose
   Moses, the great lawgiver, to whom You gave Your Law. By this Law, order
   came into the chaos which would have engulfed this people and destroyed
   that nation. We meet here today as those who have been chosen in this
   Nation Under God, graciously share with us Your Law for our times.
     As these who are chosen of the people and by You meet as a deliberating
   body we pray You will let them think Your thoughts after You; let them
   remember that their every action affects individuals who are trusting
   them, families who are counting on them, and Your Creation which You have
   given us to use and care for.
     Thank you, our God, for these who have been willing to assume
   responsibilities which are so awesome. There are many who feel they are
   called but few are chosen. Bless each one of these ``chosen ones''
   individually, and bless this great body as a whole. Grant them wisdom in
   their decisions, courage to state their convictions, and strength to carry
   out decisive actions. With their leadership may this great state of Kansas
   and this great nation always be found following Your guiding Spirit into
   paths of righteousness.
     These things we pray, O Great Creator and Guider of our destiny, in the
   Name of our Lord, Jesus Christ, in Whose Spirit we pray. Amen!

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bill was introduced and read by title:
  HB 2474, An act relating to sales taxation; exempting purchases made
by volunteer firefighting organizations; amending K.S.A. 1996 Supp. 79-3606
and repealing the existing section, by Committee on Taxation.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Agriculture: HB 2370, 2425.
  Appropriations: HB 2390, 2395, 2407, 2410, 2429, 2430, 2441, 2459, 2460;
SB 15.
  Business, Commerce and Labor: HB 2382, 2427, 2446, 2447, 2461, 2462; SB
137.
  Economic Development: HB 2448, 2450, 2457; HR 6010.
  Education: HB 2371, 2375, 2378, 2379, 2386, 2387, 2389, 2394, 2398,
2404, 2423, 2424, 2449, 2458, 2466.

                               February 17, 1997                            163

  Environment: HB 2368, 2391, 2393, 2413, 2419, 2433, 2434, 2435, 2455; SB
110.
  Federal and State Affairs: HB 2383, 2400, 2443, 2463; HCR 5017.
  Financial Institutions: SB 132.
  Fiscal Oversight: HB 2403.
  Governmental Organization and Elections: HB 2372, 2373, 2380, 2388,
2396, 2397, 2416, 2428, 2436, 2437, 2438, 2439, 2444, 2453, 2454, 2456, 2472;
Sub. SB 24.
  Health and Human Services: HB 2377, 2408.
  Insurance: HB 2417, 2445, 2464; SB 55, 57.
  Judiciary: HB 2367, 2401, 2402, 2409, 2415, 2421, 2422, 2432, 2451,
2465, 2468, 2469, 2470, 2473.
  Taxation: HB 2369, 2385, 2399, 2405, 2406, 2411, 2412, 2420, 2452, 2467;
HCR 5016; SB 40.
  Tourism: HB 2374.
  Transportation: HB 2384, 2392, 2414, 2426, 2431, 2440, 2442, 2471.
  Utilities: HB 2376, 2381, 2418.

COMMUNICATIONS FROM STATE OFFICERS

  From William B. McGlasson, Director of Personnel Services, Department of
Administration, Fiscal Year 1996 Annual Report to the Division of Personnel
Services.
  From Kathleen Sebelius, Insurance Commissioner, Kansas Insurance Department
Annual Report for year ending December 31, 1995.
  The complete reports are kept on file and open for inspection in the office
of the Chief Clerk.

CONSENT CALENDAR

  No objection was made to HB 2095, 2180 appearing on the Consent
Calendar for the first day.
  No objection was made to HB 2182, 2185 appearing on the Consent
Calendar for the second day.
  No objection was made to HB 2199 appearing on the Consent Calendar
for the third day. The bill was advanced to Final Action on Bills and
Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  HB 2199, An act concerning dentistry; relating to the dental
practices act; concerning the practice of dental hygienists; definitions;
amending K.S.A. 1996 Supp. 65-1423, 65-1444 and 65-1456 and repealing the
existing sections, was considered on final action.
  On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean,
Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon,
Reinhardt, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The bill passed.

164                           JOURNAL OF THE HOUSE

  HB 2055, An act concerning nonprobate transfers; relating to real
estate, was considered on final action.
  On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean,
Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon,
Reinhardt, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The bill passed, as amended.
  HB 2056, An act concerning nonprobate transfers; relating to motor
vehicles; amending K.S.A. 1996 Supp. 8-135 and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 120; Nays 1; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean,
Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnston,
Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon, Reinhardt,
Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver,
Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe,
Wilk, Wilson.
  Nays: Johnson.
  Present but not voting: None.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The bill passed, as amended.
  HB 2058, An act concerning crimes, punishment and criminal procedure;
relating to certain crimes involving information and computers; amending
K.S.A. 21-3755 and K.S.A. 1996 Supp. 21-3711 and repealing the existing
sections, was considered on final action.
  On roll call, the vote was: Yeas 66; Nays 55; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Allen, Aurand, Beggs, Benlon, Boston, Bradley, Compton, Cox,
Dahl, Dean, Donovan, Dreher, Empson, Faber, Farmer, Flower, Freeborn,
Gilmore, Glasscock, Hayzlett, Henry, Holmes, Horst, Huff, Jennison, Johnson,
Kejr, Phil Kline, Krehbiel, Landwehr, Lane, Lloyd, P. Long, Mason, Mayans,
McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal,
Palmer, J. Peterson, Pottorff, Powell, Presta, Pugh, Ray, Reinhardt,
Samuelson, Schwartz, Shore, Sloan, Stone, Storm, Tanner, Toplikar, Vining,
Wagle, Weber, Weiland, Welshimer, Wilk.
  Nays: Alldritt, Ballard, Burroughs, Campbell, Correll, Crow, Dillon,
Edmonds, Feuerborn, Findley, Flaharty, Flora, Franklin, Garner, Geringer,
Gilbert, Grant, Haley, Helgerson, Henderson, Howell, Humerickhouse, Hutchins,
Johnston, Kirk, Klein, Phill

                               February 17, 1997                            165

Kline, Kuether, Larkin, J. Long, Mays, McClure, McKechnie, Minor, Nichols,
Packer, Pauls, E. Peterson, Phelps, Powers, Reardon, Sawyer, Shallenburger,
Sharp, Showalter, Shriver, Spangler, Swenson, Thimesch, Toelkes, Tomlinson,
Vickrey, Wells, Wempe, Wilson.
  Present but not voting: None.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The bill passed, as amended.
  Sub. HB 2081, An act relating to insurance; rate making and rating
organizations; advisory organizations; rate administration and statistical
plans; rebating of premium; repealing K.S.A. 40-925, 40-926, 40-927, 40-928,
40-928a, 40-929, 40-930, 40-931, 40-932, 40-933, 40-934, 40-935, 40-936,
40-937, 40-938, 40-939, 40-940, 40-941, 40-942, 40-943, 40-944, 40-945,
40-1111, 40-1111a, 40-1112, 40-1113, 40-1113a, 40-1113c, 40-1114, 401114a,
40-1115, 40-1116, 40-1117, 40-1118, 40-1119, 40-1120, 40-1121, 40-1122,
40-1123, 40-1124 and 40-1125, was considered on final action.
  On roll call, the vote was: Yeas 119; Nays 2; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean,
Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilbert, Gilmore,
Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston,
Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr,
Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary,
McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon, Reinhardt, Samuelson,
Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe,
Wilk, Wilson.
  Nays: Freeborn, Mayans.
  Present but not voting: None.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The substitute bill passed.
  HB 2104, An act relating to nonprofit hospital service corporations,
nonprofit medical service corporations, nonprofit optometric service
corporations, and nonprofit pharmacy service corporations; amending K.S.A.
19-212a, 40-112, 40-222c, 40-2,125, 40-2217, 402227, 40-2402, 40-3606,
65-28,108 and 65-6002 and K.S.A. 1996 Supp. 40-225, 40-2,116, 40-2,153 and
40-3302 and repealing the existing sections; also repealing K.S.A. 40-1801,
401802, 40-1803, 40-1804, 40-1805, 40-1806, 40-1807, 40-1808, 40-1809,
40-1811, 40-1813, 40-1816, 40-1901, 40-1902, 40-1903, 40-1904, 40-1905,
40-1906, 40-1907, 40-1908, 401911, 40-1912, 40-1914, 40-1915, 40-19b01,
40-19b02, 40-19b03, 40-19b04, 40-19b05, 4019b06, 40-19b08, 40-19b09,
40-19b11, 40-19b12, 40-19b13, 40-19b14, 40-19d01, 40-19d02, 40-19d03,
40-19d04, 40-19d05, 40-19d06, 40-19d08, 40-19d09, 40-19d11, 40-19d12,
40-19d13 and 40-19d14 and K.S.A. 1996 Supp. 40-1909, 40-19b10 and 40-19d10,
was considered on final action.
  On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean,
Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon,
Reinhardt, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson,

166                           JOURNAL OF THE HOUSE

Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The bill passed.
  HB 2137, An act concerning health benefits coverage; policies and
contracts therefor; coverage for certain children; coverage for
immunizations; amending K.S.A. 1996 Supp. 402,102 and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean,
Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pottorff, Powell, Powers, Presta, Pugh, Ray, Reardon,
Reinhardt, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore,
Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: None.
  Present but not voting: None.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The bill passed, as amended.
  HB 2216, An act concerning townships; relating to compensation of
township officers; amending K.S.A. 1996 Supp. 80-207 and repealing the
existing section, was considered on final action.
  On roll call, the vote was: Yeas 116; Nays 4; Present but not voting 1;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Compton, Correll, Cox, Crow, Dahl, Dean,
Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols,
O'Connor, O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Presta, Pugh, Ray, Reardon, Reinhardt, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Sloan, Stone,
Storm, Swenson, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: McKinney, Powers, Spangler, Tomlinson.
  Present but not voting: McKechnie.
  Absent or not voting: Ballou, Carmody, Ruff, Shultz.
  The bill passed.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Correll in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Correll, Committee of the Whole report, as follows, was
adopted:
  Recommended that committee report to HB 2129 be adopted and the bill
be passed as amended.

                               February 17, 1997                            167

  Committee report to HB 2183 be adopted and the bill be passed as
amended.
  Committee report to HB 2184 be adopted and the bill be passed as
amended.
  Committee report to HB 2218 be adopted and the bill be passed as
amended.
  Committee report to HB 2200 be adopted and the bill be passed as
amended.

REPORTS OF STANDING COMMITTEES

  The Committee on Judiciary recommends HB 2269 be amended on
page 2, by striking all in lines 20 to 43, inclusive;
  On page 3, by striking all in lines 1 through 8, inclusive, and inserting
the following:
  ``Sec. 1.  K.S.A. 65-6701 is hereby amended to read as follows: 65-6701. As
used in this act:
  (a)  ``Abortion'' means the use of any means to intentionally terminate
a pregnancy except for the purpose of causing a live birth. Abortion does not
include: (1) The use of any drug or device that inhibits or prevents
ovulation, fertilization or the implantation of an embryo; or (2) disposition
of the product of in vitro fertilization prior to
implantation.
  (b) or prescription of any instrument, medicine, drug or any other
substance or device with the intent to terminate the pregnancy of a woman.
Such use or prescription is not an abortion if done with the intent to: (1)
Save the life or preserve the health of an unborn child; (2) remove a dead
unborn child; or (3) deliver an unborn child prematurely in order to preserve
the health of both the mother and her unborn child.
  (b)  ``Conception'' means the fusion of a human spermatozoon with a human
ovum.
  (c)  ``Counselor'' means a person who is: (1) Licensed to practice
medicine and surgery;   (2) licensed to practice psychology; (3) licensed to
practice professional or practical nursing;   (4) registered to practice
professional counseling; (5) licensed as a social worker; (6) the holder of a
master's or doctor's degree from an accredited graduate school of social
work;   (7) registered to practice marriage and family therapy; (8) a
registered physician's assistant; or (9) a currently ordained member of the
clergy or religious authority of any religious denomination or society.
Counselor does not include the physician who performs or induces the abortion
or a physician or other person who assists in performing or inducing the
abortion.
  (c) (d)  ``Department'' means the department of health and
environment.
  (e)  ``Gestational age'' means the time that has elapsed since the first
day of the woman's last menstrual period.
  (f)  ``Medical emergency'' means that condition which, on the basis of the
physician's good faith clinical judgment, so complicates the medical
condition of a pregnant woman as to necessitate the immediate abortion of her
pregnancy to overt her death or for which a delay will create serious risk of
substantial and irreversible impairment of a major bodily function.
  (g)  ``Minor'' means a person less than 18 years of age.
  (d) (h)  ``Physician'' means a person licensed to practice
medicine and surgery in this state.
  (e) (i)  ``Pregnant'' or ``pregnancy'' means that female
reproductive condition of having an unborn child in the mother's body.
  (j)  ``Qualified person'' means an agent of the physician who is a
psychologist, licensed social worker, registered professional counselor,
registered nurse or physician.
  (k)  ``Unborn child'' means the offspring of human beings from conception
until birth.
  (l)  ``Unemancipated minor'' means any minor who has never been: (1)
Married; or (2) freed, by court order or otherwise, from the care, custody
and control of the minor's parents.
  (f) (m)  ``Viable'' means that stage of gestation when, in the
best medical judgment of the attending physician, the fetus is capable of
sustained survival outside the uterus without the application of
extraordinary medical means.
  (n)  ``Aggrieved party'' means any woman who obtains, seeks to obtain,
or believes she has obtained, an abortion, and includes her personal
representative.'';
  On page 10, in line 32, after ``K.S.A.'' where it appears for the first
time, by inserting ``656701 and'';
  On page 1, in the title, in line 18, after ``K.S.A.'', by inserting
``65-6701 and K.S.A.''; and the bill be passed as amended.

168                           JOURNAL OF THE HOUSE

  The Committee on Taxation recommends HB 2032 be amended on page
2, after line 14, by inserting three new sections to read as follows:
  ``Sec. 2.  On and after October 16, 1997, K.S.A. 79-3634 is hereby amended
to read as follows: 79-3634. The right to file a claim for a refund under
K.S.A. 79-3620 and 79-3632 to 79-3639 shall be personal to the
claimant and shall not survive his or her death, but such right et
seq. may be exercised on behalf of a claimant by his or her legal
guardian, conservator or attorney-in-fact. When a claimant dies after having
filed a timely claim the amount thereof shall be disbursed to another member
of the household as determined by the director of taxation. If the claimant
was the only member of his or her household, the claim may be paid to his or
her executor or administrator, but if neither is appointed and qualified, the
amount of the claim may be paid upon a claim duly made to any heir at law. In
the absence of any such claim within two (2) years of the filing of the
claim, the amount of the claim shall escheat to the state. When a person
who would otherwise be entitled to file a claim under the provisions of this
act dies prior to filing such claim, another member of such person's
household may file such claim in the name of such decedent, subject to the
deadline prescribed by K.S.A. 79-4505, and amendments thereto, and the
director shall pay the amount to which the decedent would have been entitled
to such person filing the claim. If the decedent was the only member of his
or her household, the decedent's executor or administrator may file such
claim in the name of the decedent, and the claim shall be paid to said
executor or administrator. In the event that neither an executor or
administrator is appointed and qualified, such claim may be made by any heir
at law and the claim shall be payable to such heir at law. Any of the
foregoing provisions shall be applicable in any case where the decedent dies
in the calendar year preceding the year in which a claim may be made under
the provisions of this act, if such decedent was a resident of or domiciled
in this state during the entire part of such year that such decedent was
living. Where decedent's death occurs during the calendar year preceding the
year in which a claim may be made hereunder, the amount of the claim that
would have been allowable if the decedent had been a resident of or domiciled
in this state the entire calendar year of his or her death shall be reduced
in a proportionate amount equal to a fraction of the claim otherwise
allowable, the numerator of which fraction is the number of months in such
calendar year following the month of decedent's death and the denominator of
which is 12.
  Sec. 3.  On and after October 16, 1997, K.S.A. 79-3635 is hereby amended to
read as follows: 79-3635. (a) A claimant shall be entitled to a refund of
retailers' sales taxes paid upon food during the calendar year 1986
1997 and each year thereafter in the amount hereinafter provided.
For households having a household income of less than $5,000, a refund in the
amount of $40 $80 shall be allowed for the head of household and
a refund of $30 $60 shall be allowed for each additional member
of the household. For households having a household income of at least $5,000
but less than $10,000, a refund in the amount of $30 $60 shall be
allowed for the head of household and a refund of $25 $50 shall
be allowed for each additional member of the household. For households having
a household income of at least $10,000 but not more than $13,000
$15,000, a refund in the amount of $20 $40 shall be
allowed for the head of household and a refund of $15 $30 shall
be allowed for each additional member of the household. For households
having a household income of at least $15,000 but not more than $20,000, a
refund in the amount of $30 shall be allowed for the head of the household
and a refund of $20 shall be allowed for each additional member of the
household. For households having a household income of at least $20,000 but
not more than $25,000, a refund in the amount of $20 shall be allowed for the
head of household and a refund of $10 shall be allowed for each additional
member of the household. All such claims shall be paid from the sales tax
refund fund upon warrants of the director of accounts and reports pursuant to
vouchers approved by the director of taxation or by a person or persons
designated by the director, except that no warrant shall be drawn in an
amount less than $5.
  (b)  A head of household shall make application for refunds for all members
of the same household upon a common form provided for the making of joint
claims. All claims paid to members of the same household shall be paid as a
joint claim by means of a single warrant.
  (c)  No claim for a refund of taxes under the provisions of K.S.A.
79-3620 and 79-3632 to 79-3639 et seq. shall be paid or
allowed unless such claim is actually filed with and in the

                               February 17, 1997                            169

possession of the department of revenue on or before October
April 15 of the year next succeeding the year in which said
such taxes were paid. The director of taxation may: (1) Extend the
time for filing any claim under the provisions of this act when good cause
exists therefor; or (2) accept a claim filed after the deadline for filing in
the case of sickness, absence or disability of the claimant if said claim has
been filed within four (4) years of said deadline.
  Sec. 4.  On and after October 16, 1997, K.S.A. 79-3634 and 79-3635 are
hereby repealed.'';
  By renumbering existing sections accordingly;
  In the title, in line 9, by striking all after ``ACT''; by striking all in
lines 10 and 11 and inserting ``relating to taxation; enacting the tax relief
act of 1997; amending K.S.A. 79-3634 and 79-3635 and K.S.A. 1996 Supp.
79-32,110 and repealing the existing sections.''; 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 introduced and read by title:
  HB 2475, An act concerning workers compensation; relating to employee
choice of medical treatment; amending K.S.A. 1996 Supp. 44-510 and repealing
the existing section, by Committee on Appropriations.
  HB 2476, An act concerning state officers and employees; relating to
salaries and compensation of certain state officers and employees; amending
K.S.A. 40-110 and 75-3111 and repealing the existing sections, by Committee
on Appropriations.
  HB 2477, An act concerning social welfare; duties of the secretary of
social and rehabilitation services; rate schedules for health care providers;
amending K.S.A. 1995 Supp. 39-708c, as amended by section 104 of chapter 229
of the 1996 Session Laws of Kansas, and repealing the existing section, by
Committee on Appropriations.
  HB 2478, An act relating to certain funds; relating to the interest
credit to such funds; amending K.S.A. 1996 Supp. 55-192, 65-34,146, 74-7325,
75-2256, 75-7008, 75-7021, 82a1369 and 82a-1370 and repealing the existing
sections, by Committee on Appropriations.
  On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Tuesday,
February 18,  1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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