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


                                TWENTY-NINTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                           TOPEKA, KAN., Friday, February 21, 1997, 10:00 a.m.

  The House met pursuant to adjournment with Speaker Shallenburger in the
chair.
  The roll was called with 124 members present.
  Prayer by Chaplain Washington:
   Heavenly Father,
     In Psalms 73:26, Asaph said that when his body and mind grew weak or
   failed, that You were his strength and all that he needed. In verse 28, he
   rejoiced and said it was good that he made You his refuge.
     Lord, for our good, help us to make You our refuge. Move us to do as
   David did in Psalms 62:5 . . . to give our hopes and all expectations to
   You. Be our strength today and for the weekend.
        Bless us beyond the things that would distress us.
        Turn us from the things that would burn us.
        Calm us in the midst of things that would alarm us.
        Guide us, lest we stray. Buoy us, lest we drown.
        Discipline us, lest we self destruct.
        Relieve us . . . Revive us . . . Refresh us.
        Convict us of what we need not do.
        Convince us of what we should do.
        Convey to us what we need to see.
        Convert us to what we need to be.
        I come in the Name of Your Son, the Christ. Amen.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following concurrent resolution was introduced and read by title:
HOUSE CONCURRENT RESOLUTION No. 5019--
                   By Committee on Federal and State Affairs
A PROPOSITION to amend article 2 of the constitution of the state of Kansas
by adding a new section thereto, authorizing initiation and enactment of
laws by the registered voters of the state.
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: Article 2 of the constitution of the state
of Kansas is hereby amended by adding a new section thereto to read as
follows:
     ``(section) 1a.  Initiative. (a) Notwithstanding the provisions of
   section 1 of article 2, laws may be proposed by petition of registered
   voters of this state and enacted by the registered voters of the state as
   provided by this section. No law shall be so proposed or enacted which
   dedicates any revenue, makes or repeals any appropriation, relates to
   matters concerning the courts or their jurisdiction or funding

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   or is prohibited by this constitution or the constitution of the United
   States. The enacting clause of any proposed law submitted to the voters
   pursuant to this section shall be: ``Be it enacted by the People of the
   State of Kansas:''.
     ``(b)  Prior to being circulated for signatures, the petition, together
   with the proposed law and proposed ballot summary, shall be submitted to
   the office of the attorney general for determinations as to proper form,
   legality and constitutionality. Such determinations shall be rendered in
   writing within 30 days after submission of the petition. Any person
   aggrieved by the determinations of the attorney general may file, within
   10 days after the rendering of the determinations, a proceeding in quo
   warranto with the supreme court. In determining the constitutionality of
   the proposed law, such law shall be strictly construed so that such
   proposed law may contain no more than one subject.
     ``(c)  At the time the petition is submitted to the attorney general,
   the proposed law shall be submitted as provided by law for an estimate of
   the fiscal effect of the proposed law.
     ``(d)  Each page of a petition initiating a proposed law shall contain
   the ballot summary and each separately circulated portion of the petition
   shall contain or have attached thereto the full text of the proposed law.
   The ballot summary shall be a brief nontechnical statement expressing the
   intent or purpose of the proposed law and shall contain language which
   clearly states that a ``yes'' vote is a vote in favor of the proposition
   and a ``no'' vote is a vote against the proposition. The ballot summary
   shall include the estimate of the fiscal effect of the proposed law. The
   ballot summary shall not reflect partiality in its composition or contain
   any argument for or against the proposed law.
     ``(e)  The petition shall be signed by registered voters equal in number
   to not less than 5% of the total number of registered voters of the state
   on the date of the last statewide general election. Not less than 60% of
   the valid signatures on the petition shall be equally apportioned among
   residents of each of the senatorial districts of the state and the
   petition shall contain valid signatures of not less than 1% of the
   registered voters of each county of the state on the date of the last
   statewide general election. Petitioners shall file the signed petition in
   the office of the secretary of state not more than 180 days after final
   determinations as to proper form, legality and constitutionality of the
   petition. The filing shall be made at one time all in one group. Later or
   successive filings of documents shall be deemed to be separate petitions
   and not a part of any other filing. The secretary of state shall have 60
   days to determine if the petition contains the requisite number of valid
   signatures.
     ``(f)  Within one business day after a petition is filed with the
   secretary of state, the secretary of state shall notify the attorney
   general of the filing of such petition. The attorney general shall
   determine whether the law proposed by the petition conflicts with any law
   proposed by an earlier filed petition for submission to the voters at the
   same election. If the attorney general determines that there is a
   conflict, the petition shall be invalid. Such determination shall be
   rendered in writing within 20 days after the filing of the petition. Any
   person aggrieved by the determination of the attorney general may file,
   within 10 days after the rendering of the determination, a proceeding in
   quo warranto with the supreme court. The supreme court shall render a
   decision in the case not later than 30 days after the proceeding is filed.
     ``(g)  If a petition is not invalid due to a conflict with a law
   proposed by an earlier filed petition and the secretary of state
   determines that the petition contains the requisite number of valid
   signatures, the secretary of state shall cause the ballot summary to be
   submitted to the registered voters of the state at the next general
   election for state representatives held not less than 180 days after the
   petition is filed, except that no more than three proposed laws shall be
   submitted under the authority of this section at any one election. If more
   than three valid petitions are filed within the time prescribed by this
   section, the laws proposed by the first three valid petitions filed in the
   office of the secretary of state shall be submitted at the election and
   the remaining petitions shall be deemed null and void.

                               February 21, 1997                            223

     ``Publication and submission of the proposed law shall be in the manner
   prescribed by law for propositions to amend the constitution and the
   proposed law shall be submitted by the ballot summary. The secretary of
   state shall cause a copy of the full text of the proposed law to be filed
   in the office of the county election officer of each county.
     ``(h)  If a majority of the registered voters voting on a proposed law
   vote for the law, the law shall take effect on the first day of July
   following enactment of the law, after certification by the state board of
   canvassers, unless a later date is prescribed within the law itself. If a
   law approved by the registered voters through initiative is in conflict
   with preexisting law, the preexisting law shall be effectively amended or
   repealed.
     ``If less than a majority of the registered voters voting on a proposed
   law vote for the proposed law, the proposed law shall have no force or
   effect and shall not be again proposed by initiative within four years
   following the date of rejection unless proposed by a petition signed by
   registered voters equal in number to 25% of the total vote cast for the
   office of governor at the last election for such office.
     ``(i)  Laws enacted pursuant to this section shall not require the
   signature of nor be subject to veto by the governor. The legislature shall
   retain the power to amend or repeal any law enacted pursuant to this
   section but any amendment or repeal enacted on or before the 40th day of
   the next regular legislative session following the approval of the law by
   the registered voters shall require the affirmative vote of not less than
   two-thirds of the members then elected (or appointed) and qualified in
   each house.
     ``(j)  The provisions of this section shall be self-executing, but
   legislation may be enacted to facilitate its implementation. The
   legislature shall provide for reporting of expenditures and contributions
   made to support or oppose proposed laws submitted to the registered voters
   pursuant to this section.''
  Sec. 2.  The following statement shall be printed on the ballot with the
amendment as a whole:
     ``Explanatory statement. This amendment would authorize the
   registered voters of the state to propose and enact laws independent of
   the legislature.
     ``A vote for the proposition would favor granting to the registered
   voters the right to propose and enact laws independent of the legislature.
     ``A vote against the proposition would retain the power to propose and
   enact laws in the state legislature without the right of initiative in the
   registered voters.''
  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 a
special election, which is hereby called for that purpose, to be held at the
time of the general election in November, 1998, pursuant to section 1 of
article 14 of the constitution of the state of Kansas.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as indicated:
  Appropriations: SB 43.
  Education: HB 2492, 2493, 2494.
  Federal and State Affairs: HCR 5018.
  Financial Institutions: SB 282.
  Governmental Organization and Elections: HB 2490; SB 116, 133.
  Health and Human Services: SB 122, 130.
  Insurance: HB 2491.
  Judiciary: SB 69, 87, 101.
  Taxation: HB 2489; SB 6, 44.

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CHANGE OF REFERENCE

  Speaker Shallenburger announced the withdrawal of HB 2368 from
Committee on Environment and referral to Committee on Taxation.

MESSAGE FROM THE SENATE

  Announcing passage of SB 9, 60, 73, 93, 95, 106, 111, 117, 121, 169,
184.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS

  The following Senate bills were introduced and read by title:
  SB 9, 60, 73, 93, 95, 106, 111, 117, 121, 169, 184.

CONSENT CALENDAR

  Objection was made to HCR 5015; HB 2219  appearing on the Consent
Calendar; the bill and resolution were placed on the calendar under the heading
of General Orders.
  No objection was made to HB 2026, 2065, 2176; SB 62, 77 appearing on
the Consent Calendar for the second day.
  No objection was made to HB 2288 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 2288, An act concerning controlled substances; relating to treatment
of obesity; amending K.S.A. 65-2837a and repealing the existing section, was
considered on final action.
  On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, 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, Ray, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver,
Shultz, 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: None.
  The bill passed.
  HB 2031, An act enacting the education and tax reform act of 1997;
amending K.S.A. 72-6414, 79-1587, 79-4505, 79-4508 and K.S.A. 1996 Supp.
72-6407, 72-6410, 72-6412, 726431, 72- 6442, 79-1541a, 79-1541b, 79-1542,
79-1564, 79-1569, 79-1570, 79-1571, 79-1572, 79-1574, 79-1575, 79-1576,
79-1579, 79-1580, 79-32,110, 79-3603, 79 -4502 and 79-5015 and repealing the
existing sections; also repealing K.S.A. 79-1538, 79-1548, 79-1554, 791557,
79-1566, 79- 1584, 79-1584a, 79-1584b, 79-1584c, 79-1585, 79-1586 and 79-4520
and K.S.A. 1996 Supp. 72-6412a, 72-6431a, 72-6442a, 72-8191, 72-8192, 79-1537,
79-1537b, 79-1537c, 79-1537e, 79- 1537f, 79-1538a, 79-1539, 79-1540, 79-1541,
79-1542a, 79-1543, 79-1545, 79-1547, 79-1549, 79-1550, 79-1551, 79-1552,
79-1553, 79-1555, 79-1556, 791557a, 79-1559, 79-1560, 79-1561, 79-1562,
79-1563, 79-1563a, 79-1565, 79-1567, 79-1567a, 79-1568, 79-1573, was considered
on final action.
  On roll call, the vote was: Yeas 114; Nays 10; Present but not voting 0;
Absent or not voting 0.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty,
Flora, Flower, Franklin,

                               February 21, 1997                            225

Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, 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, 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, J.
Peterson, Pottorff, Powell, Powers, Presta, Ray, Reardon, Ruff, Samuelson,
Schwartz, Shallenburger, Sharp, Shore, Shriver, Shultz, Sloan, Spangler, Stone,
Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson.
  Nays: Correll, Dillon, Grant, Larkin, E. Peterson, Phelps, Reinhardt, Sawyer,
Showalter, Welshimer.
  Present but not voting: None.
  Absent or not voting: None.
  The bill passed, as amended.
                              EXPLANATIONS OF VOTE
  Mr. Speaker: I vote NO on HB 2031. There are parts of this legislation
I believe are good for the district and people I represent. It doesn't
accomplish what I promised when I campaigned for this job. I promised to work
for responsible tax relief. This is not responsible. It puts at risk any
opportunity we had to add additional money to education, to fund education, as
education should be funded.
  Those that remember Sam Roper, his comment would be, ``For those of you that
think this is responsible to the children and citizens of Kansas, I'm a jet
pilot and allow me to fly you to your destination.''--Bob Grant
  Mr Speaker: I support the tax cuts which are defined in this legislation. But
I am concerned about the price tag. Clearly the State of Kansas can afford to
reduce taxes this year but this bill goes too far. I'm fearful that public
education will be the real loser.
  I reluctantly vote YES to send this bill to the Senate in order to keep the
process moving.   Hopefully, a reasoned, balanced tax cut will evolve during
the second half of this session.-Annie Kuether, Ruby Gilbert, Bill Reardon, Sue
Storm, Dixie Toelkes, George Dean
  Mr Speaker: I vote NO on HB 2031. While I support many of the tax cuts
in this bill, I have concerns this bill accomplishes the goal many in this body
seek, to blow a hole in the budget to force deep cuts in education and other
important programs.
  While this bill may be expedient it's not responsible. It is not responsible
to our kids in our schools and universities. It is not responsible to our state
employees, our seniors, our disabled or the many other Kansans who will
ultimately pay for this irresponsibility with the services they need and
deserve.
  Yes, we've cut taxes, but at what cost?--Richard K. Reinhardt, Ethel M.
Peterson, Eber Phelps, Judy Showalter
  Mr Speaker: I vote NO on HB 2031. While I support many of the tax cuts
in this bill, such as the homestead exemption, the earned income tax credit,
the tax credit for businesses and the tax cuts for single taxpayers, I have
concerns this bill accomplishes the goal many in this body seek, blow a hole in
the budget to force deep cuts in education and other important programs.
  Let's be honest. While this bill may be expedient it's not responsible. Is it
responsible to write checks our children will be forced to pay for with their
education? Yes, we've cut taxes, but at what cost?--Herman Dillon, Vernon
Correll, Tom Sawyer
  Mr Speaker: I vote Yes on HB 2031. I support the tax cuts which are
defined in this legislation. But I am concerned about the price tag which goes
along with these cuts.
  My district covers a wide range of socio-economic citizens. I do not disagree
with the need for tax cuts, but I will not turn my efforts away from the
education of our young people and promoting fairness for all my constituents.
  WE must find common ground between tax cuts and doing those cuts fairly and
responsibly.--Marti Crow, L. Candy Ruff, Bonnie Sharp, Doug Spangler, Tom
Burroughs

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  Mr. Speaker: I vote ``yes'' on HB 2031. It is time to send a tax bill
to the senate and thereby facilitate a continuation of the legislative process.
I support many of the tax cuts and school finance provisions contained in this
bill.
  However, in considering this bill the House has failed to act responsibly.
This bill reflects the House's continuing failure to exercise self-discipline
in the consideration of tax cuts.
  It is my hope that the Senate's consideration of tax policy will be governed
more by fiscal realities than a desire to irresponsibly pander for pure
political gain.--David Adkins, Kent Glasscock, Robert Tomlinson, Lisa Benlon,
David Huff
  On motion of Rep. Jennison, the House went into Committee of the Whole, with
Rep.Dillon in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Dillon, Committee of the Whole report, as follows, was
adopted:
  Recommended that HB 2279, 2182 be passed.
  Committee report to HB 2108 be adopted and the bill be passed as
amended.
  Committee report to HB 2167 be adopted and the bill be passed as
amended.
  Committee report to HB 2245 be adopted and the bill be passed as
amended.

REPORTS OF STANDING COMMITTEES

  The Committee on Agriculture recommends HB 2289 be amended on
page 1, in line 25, by striking ``picris'' and inserting
``repens''; in line 26, by striking ``Lepidium'' and inserting
``Cardaria''; in line 27, by striking ``burragweed (Franseria''; in
line 28, by striking ``tomentosa and discolor)'' and inserting
``burragweed (Ambrosia grayii)'';
  On page 3, in line 18, after ``seed'' by inserting ``, other than sericea
lespedeza seed (Lespedeza cuneata),''; in line 27, after ``lespedeza'' by
inserting ``, other than sericea lespedeza (Lespedeza cuneata),''; and
the bill be passed as amended.
  The Committee on Appropriations recommends HB 2127, 2150, 2273 be
passed.
  The Committee on Business, Commerce and Labor recommends HB 2121
be amended on page 1, in line 18, by striking all after ``return''; in line 19,
by striking all before ``shall'' and inserting ``by the last day of the month
following the close of each calendar quarter to which they are related''; in
line 22, by striking all after the period; in line 23, by striking all before
``The''; in line 26, after the period, by inserting ``Payments in lieu of
contributions shall be filed by the last day of the month following the close
of each calendar quarter to which they are related.''; also in line 26, by
striking all after ``Contributions''; in line 27, by striking all before
``and''; also in line 27, by striking all after ``payments''; by striking line
28; in line 29, by striking all before the second comma and inserting ``not
filed by the last day of the month following the last calendar quarter to which
they are related'';
  On page 2, after line 6, by inserting ``A wage report, a contribution return,
a contribution, a payment in lieu of contribution or a benefit cost payment is
deemed filed as of the date it is placed in the United States mail.'';
  On page 9, after line 35, by inserting an additional section as follows:
  Sec.  2.  K.S.A. 1996 Supp. 44-710 is hereby amended to read as follows:
44-710. (a) Payment. Contributions shall accrue and become payable by
each contributing employer for each calendar year in which the contributing
employer is subject to the employment security law with respect to wages paid
for employment. Such contributions shall become due and be paid by each
contributing employer to the secretary for the employment security fund in
accordance with such rules and regulations as the secretary may adopt and shall
not be deducted, in whole or in part, from the wages of individuals in such
employer's employ. In the payment of any contributions, a fractional part of
$.01 shall be disregarded unless it amounts to $.005 or more, in which case it
shall be increased to $.01. Should contributions for any calendar quarter be
less than $1, no payment shall be required.
  (b)  Rates and base of contributions. (1) Except as provided in
paragraph (2) of this subsection, each contributing employer shall pay
contributions on wages paid by the contributing employer during each calendar
year with respect to employment as provided in K.S.A. 44-710a and amendments
thereto.
  (2) (A)  If the congress of the United States either amends or repeals the
Wagner-Peyser act, the federal unemployment tax act, the federal social
security act, or subtitle C of chapter

                               February 21, 1997                            227

23 of the federal internal revenue code of 1986, or any act or acts
supplemental to or in lieu thereof, or any part or parts of any such law, or if
any such law, or any part or parts thereof, are held invalid with the effect
that appropriations of funds by congress and grants thereof to the state of
Kansas for the payment of costs of administration of the employment security
law are no longer available for such purposes, or (B) if employers in Kansas
subject to the payment of tax under the federal unemployment tax act are
granted full credit against such tax for contributions or taxes paid to the
secretary of human resources, then, and in either such case, beginning with the
year in which the unavailability of federal appropriations and grants for such
purpose occurs or in which such change in liability for payment of such federal
tax occurs and for each year thereafter, the rate of contributions of each
contributing employer shall be equal to the total of .5% and the rate of
contributions as determined for such contributing employer under K.S.A. 44-710a
and amendments thereto. The amount of contributions which each contributing
employer becomes liable to pay under this paragraph (2) over the amount of
contributions which such contributing employer would be otherwise liable to pay
shall be credited to the employment security administration fund to be
disbursed and paid out under the same conditions and for the same purposes as
other moneys are authorized to be paid from the employment security
administration fund, except that, if the secretary determines that as of the
first day of January of any year there is an excess in the employment security
administration fund over the amount required to be disbursed during such year,
an amount equal to such excess as determined by the secretary shall be
transferred to the employment security fund.
  (c)  Charging of benefit payments. (1) The secretary shall maintain a
separate account for each contributing employer, and shall credit the
contributing employer's account with all the contributions paid on the
contributing employer's own behalf. Nothing in the employment security law
shall be construed to grant any employer or individuals in such employer's
service prior claims or rights to the amounts paid by such employer into the
employment security fund either on such employer's own behalf or on behalf of
such individuals. Benefits paid shall be charged against the accounts of each
base period employer in the proportion that the base period wages paid to an
eligible individual by each such employer bears to the total wages in the base
period. Benefits shall be charged to contributing employers' accounts and rated
governmental employers' accounts upon the basis of benefits paid during each
twelve-month period ending on the computation date.
  (2) (A)  Benefits paid in benefit years established by valid new claims shall
not be charged to the account of a contributing employer or rated governmental
employer who is a base period employer if the examiner finds that claimant was
separated from the claimant's most recent employment with such employer under
any of the following conditions: (i) Discharged for misconduct or gross
misconduct connected with the individual's work; or (ii) leaving work
voluntarily without good cause attributable to the claimant's work or the
employer.
  (B)  Where base period wage credits of a contributing employer or rated
governmental employer represent part-time employment and the claimant continues
in that part-time employment with that employer during the period for which
benefits are paid, then that employer's account shall not be charged with any
part of the benefits paid if the employer provides the secretary with
information as required by rules and regulations. For the purposes of this
subsection (c)(2)(B), ``part-time employment'' means any employment when an
individual works concurrently for two or more employers and also works less
than fulltime for at least one of those employers because the individual's
services are not required for the customary, scheduled full-time hours
prevailing at the work place or the individual does not customarily work the
regularly scheduled full-time hours due to personal choice or circumstances.
  (C)  No contributing employer or rated governmental employer's account shall
be charged with any extended benefits paid in accordance with the employment
security law, except for weeks of unemployment beginning after December 31,
1978, all contributing governmental employers and governmental rated employers
shall be charged an amount equal to all extended benefits paid.

228                           JOURNAL OF THE HOUSE

  (D)  No contributing employer or rated governmental employer's account will
be charged for benefits paid a claimant while pursuing an approved training
course as defined in subsection (s) of K.S.A. 44-703 and amendments thereto.
  (E)  No contributing employer or rated governmental employer's account shall
be charged with respect to the benefits paid to any individual whose base
period wages include wages for services not covered by the employment security
law prior to January 1, 1978, to the extent that the employment security fund
is reimbursed for such benefits pursuant to section 121 of public law 94-566
(90 Stat. 2673).
  (F)  With respect to weeks of unemployment beginning after December 31, 1977,
wages for insured work shall include wages paid for previously uncovered
services. For the purposes of this subsection (c)(2)(F), the term ``previously
uncovered services'' means services which were not covered employment, at any
time during the one-year period ending December 31, 1975, except to the extent
that assistance under title II of the federal emergency jobs and unemployment
assistance act of 1974 was paid on the basis of such services, and which:
  (i)  Are agricultural labor as defined in subsection (w) of K.S.A. 44-703 and
amendments thereto or domestic service as defined in subsection (aa) of K.S.A.
44-703 and amendments thereto, or
  (ii)  are services performed by an employee of this state or a political
subdivision thereof, as provided in subsection (i)(3)(E) of K.S.A. 44-703 and
amendments thereto, or
  (iii)  are services performed by an employee of a nonprofit educational
institution which is not an institution of higher education.
  (3)  The examiner shall notify any base period employer whose account will be
charged with benefits paid following the filing of a valid new claim and a
determination by the examiner based on all information relating to the claim
contained in the records of the division of employment. Such notice shall
become final and benefits charged to the base period employer's account in
accordance with the claim unless within 10 calendar days from the date the
notice was mailed, the base period employer requests in writing that the
examiner reconsider the determination and furnishes any required information in
accordance with the secretary's rules and regulations. In a similar manner, a
notice of an additional claim followed by the first payment of benefits with
respect to the benefit year, filed by an individual during a benefit year after
a period in such year during which such individual was employed, shall be given
to any base period employer of the individual who has requested such a notice
within 10 calendar days from the date the notice of the valid new claim was
mailed to such base period employer. For purposes of this subsection (c)(3), if
the required information is not submitted or postmarked within a response time
limit of 10 days after the mailing date of the base period employer notice, the
base period employer shall be deemed to have waived its standing as a party to
the proceedings arising from the claim and shall be barred from protesting any
subsequent decisions about the claim by the secretary, a referee, the board of
review or any court, except that the base period employer's response time limit
may be waived or extended by the examiner or upon appeal, if timely response
was impossible due to excusable neglect. The examiner shall notify the employer
of the reconsidered determination which shall be subject to appeal, or further
reconsideration, in accordance with the provisions of K.S.A. 44-709 and
amendments thereto.
  (4)  Time, computation and extension. In computing the period of time
for a base period employer response or appeals under this section from the
examiner's or the special examiner's determination or from the referee's
decision, the day of the act, event or default from which the designated period
of time begins to run shall not be included. The last day of the period shall
be included unless it is a Saturday, Sunday or legal holiday, in which event
the period runs until the end of the next day which is not a Saturday, Sunday
or legal holiday.
  (d)  Pooled fund. All contributions and payments in lieu of
contributions and benefit cost payments to the employment security fund shall
be pooled and available to pay benefits to any individual entitled thereto
under the employment security law, regardless of the source of such
contributions or payments in lieu of contributions or benefit cost payments.

                               February 21, 1997                            229

  (e)  Election to become reimbursing employer; payment in lieu of
contributions. (1) Any governmental entity for which services are performed
as described in subsection (i)(3)(E) of K.S.A. 44-703 and amendments thereto or
any nonprofit organization or group of nonprofit organizations described in
section 501(c)(3) of the federal internal revenue code of 1986 which is exempt
from income tax under section 501(a) of such code, that becomes subject to the
employment security law may elect to become a reimbursing employer under this
subsection (e)(1) and agree to pay the secretary for the employment security
fund an amount equal to the amount of regular benefits and 1/2 of the extended
benefits paid that are attributable to service in the employ of such
reimbursing employer, except that each reimbursing governmental employer shall
pay an amount equal to the amount of regular benefits and extended benefits
paid for weeks of unemployment beginning after December 31, 1978, to
individuals for weeks of unemployment which begin during the effective period
of such election.
  (A)  Any employer identified in this subsection (e)(1) may elect to become a
reimbursing employer for a period encompassing not less than four complete
calendar years if such employer files with the secretary a written notice of
such election within the thirty-day period immediately following January 1 of
any calendar year or within the thirty-day period immediately following the
date on which a determination of subjectivity to the employment security law is
issued, whichever occurs later.
  (B)  Any employer which makes an election to become a reimbursing employer in
accordance with subparagraph (A) of this subsection (e)(1) will continue to be
liable for payments in lieu of contributions until such employer files with the
secretary a written notice terminating its election not later than 30 days
prior to the beginning of the calendar year for which such termination shall
first be effective.
  (C)  Any employer identified in this subsection (e)(1) which has remained a
contributing employer and has been paying contributions under the employment
security law for a period subsequent to January 1, 1972, may change to a
reimbursing employer by filing with the secretary not later than 30 days prior
to the beginning of any calendar year a written notice of election to become a
reimbursing employer. Such election shall not be terminable by the employer for
four complete calendar years.
  (D)  The secretary may for good cause extend the period within which a notice
of election, or a notice of termination, must be filed and may permit an
election to be retroactive but not any earlier than with respect to benefits
paid after January 1 of the year such election is received.
  (E)  The secretary, in accordance with such rules and regulations as the
secretary may adopt, shall notify each employer identified in subsection (e)(1)
of any determination which the secretary may make of its status as an employer
and of the effective date of any election which it makes to become a
reimbursing employer and of any termination of such election. Such
determinations shall be subject to reconsideration, appeal and review in
accordance with the provisions of K.S.A. 44-710b and amendments thereto.
  (2)  Reimbursement reports and payments. Payments in lieu of
contributions shall be made in accordance with the provisions of paragraph (A)
of this subsection (e)(2) by all reimbursing employers except the state of
Kansas. Each reimbursing employer shall report total wages paid during each
calendar quarter by filing quarterly wage reports with the secretary which
shall become due on or before the 25th day of the first month following the
last month of the calendar quarter or in accordance with such rules and
regulations as the secretary may adopt. be filed by the last day of the
month following the close of each calendar quarter. Wage reports are deemed
filed as of the date they are placed in the United States mail.
  (A)  At the end of each calendar quarter, or at the end of any other period
as determined by the secretary, the secretary shall bill each reimbursing
employer, except the state of Kansas, (i) an amount to be paid which is equal
to the full amount of regular benefits plus  1/2 of the amount of extended
benefits paid during such quarter or other prescribed period that is
attributable to service in the employ of such reimbursing employer; and (ii)
for weeks of unemployment beginning after December 31, 1978, each reimbursing
governmental employer shall be certified an amount to be paid which is equal to
the full amount of regular

230                           JOURNAL OF THE HOUSE

benefits and extended benefits paid during such quarter or other prescribed
period that is attributable to service in the employ of such reimbursing
governmental employer.
  (B)  Payment of any bill rendered under paragraph (A) of this subsection
(e)(2) shall be made not later than 30 days after such bill was mailed to the
last known address of the reimbursing employer, or otherwise was delivered to
such reimbursing employer, unless there has been an application for review and
redetermination in accordance with paragraph (D) of this subsection (e)(2).
  (C)  Payments made by any reimbursing employer under the provisions of this
subsection (e)(2) shall not be deducted or deductible, in whole or in part,
from the remuneration of individuals in the employ of such employer.
  (D)  The amount due specified in any bill from the secretary shall be
conclusive on the reimbursing employer, unless, not later than 15 days after
the bill was mailed to the last known address of such employer, or was
otherwise delivered to such employer, the reimbursing employer files an
application for redetermination in accordance with K.S.A. 44-710b and
amendments thereto.
  (E)  Past due payments of amounts certified by the secretary under this
section shall be subject to the same interest, penalties and actions required
by K.S.A. 44-717 and amendments thereto. If any reimbursing employer is
delinquent in making payments of amounts certified by the secretary under this
section, the secretary may terminate such employer's election to make payments
in lieu of contributions as of the beginning of the next calendar year and such
termination shall be effective for such next calendar year and the calendar
year thereafter so that the termination is effective for two complete calendar
years.
  (F)  In the discretion of the secretary, any employer who elects to become
liable for payments in lieu of contributions and any reimbursing employer who
is delinquent in filing reports or in making payments of amounts certified by
the secretary under this section shall be required within 60 days after the
effective date of such election, in the case of an eligible employer so
electing, or after the date of notification to the delinquent employer under
this subsection (e)(2)(F), in the case of a delinquent employer, to execute and
file with the secretary a surety bond, except that the employer may elect, in
lieu of a surety bond, to deposit with the secretary money or securities as
approved by the secretary. The amount of the bond or deposit required by this
subsection (e)(2)(F) shall not exceed 5.4% of the organization's taxable wages
paid for employment by the eligible employer during the four calendar quarters
immediately preceding the effective date of the election or the date of
notification, in the case of a delinquent employer. If the employer did not pay
wages in each of such four calendar quarters, the amount of the bond or deposit
shall be as determined by the secretary. Upon the failure of an employer to
comply with this subsection   (e)(2)(F) within the time limits imposed or to
maintain the required bond or deposit, the secretary may terminate the election
of such eligible employer or delinquent employer, as the case may be, to make
payments in lieu of contributions, and such termination shall be effective for
the current and next calendar year.
  (G)  The state of Kansas shall make reimbursement payments quarterly at a
fiscal year rate which shall be based upon: (i) The available balance in the
state's reimbursing account as of December 31 of each calendar year; (ii) the
historical unemployment experience of all covered state agencies during prior
years; (iii) the estimate of total covered wages to be paid during the ensuing
calendar year; (iv) the applicable fiscal year rate of the claims processing
and auditing fee under K.S.A. 75-3798 and amendments thereto; and (v) actuarial
and other information furnished to the secretary by the secretary of
administration. In accordance with K.S.A. 75-3798 and amendments thereto, the
claims processing and auditing fees charged to state agencies shall be deducted
from the amounts collected for the reimbursement payments under this paragraph
(G) prior to making the quarterly reimbursement payments for the state of
Kansas. The fiscal year rate shall be expressed as a percentage of covered
total wages and shall be the same for all covered state agencies. The fiscal
year rate for each fiscal year will be certified in writing by the secretary to
the secretary of administration on July 15 of each year and such certified rate
shall become effective on the July 1 immediately following the date of
certification. A detailed listing of benefit charges applicable to the state's
reimbursing account shall be furnished quarterly

                               February 21, 1997                            231

by the secretary to the secretary of administration and the total amount of
charges deducted from previous reimbursing payments made by the state. On
January 1 of each year, if it is determined that benefit charges exceed the
amount of prior reimbursing payments, an upward adjustment shall be made
therefor in the fiscal year rate which will be certified on the ensuing July
15. If total payments exceed benefit charges, all or part of the excess may be
refunded, at the discretion of the secretary, from the fund or retained in the
fund as part of the payments which may be required for the next fiscal year.
  (3)  Allocation of benefit costs. The reimbursing account of each
reimbursing employer shall be charged the full amount of regular benefits and
1/2 of the amount of extended benefits paid except that each reimbursing
governmental employer's account shall be charged the full amount of regular
benefits and extended benefits paid for weeks of unemployment beginning after
December 31, 1978, to individuals whose entire base period wage credits are
from such employer. When benefits received by an individual are based upon base
period wage credits from more than one employer then the reimbursing employer's
or reimbursing governmental employer's account shall be charged in the same
ratio as base period wage credits from such employer bear to the individual's
total base period wage credits. Notwithstanding any other provision of the
employment security law, no reimbursing employer's or reimbursing governmental
employer's account shall be charged for payments of extended benefits which are
wholly reimbursed to the state by the federal government.
  (A)  Proportionate allocation (when fewer than all reimbursing base period
employers are liable). If benefits paid to an individual are based on wages
paid by one or more reimbursing employers and on wages paid by one or more
contributing employers or rated governmental employers, the amount of benefits
payable by each reimbursing employer shall be an amount which bears the same
ratio to the total benefits paid to the individual as the total base period
wages paid to the individual by such employer bears to the total base period
wages paid to the individual by all of such individual's base period employers.
  (B)  Proportionate allocation (when all base period employers are
reimbursing employers). If benefits paid to an individual are based on wages
paid by two or more reimbursing employers, the amount of benefits payable by
each such employer shall be an amount which bears the same ratio to the total
benefits paid to the individual as the total base period wages paid to the
individual by such employer bear to the total base period wages paid to the
individual by all of such individual's base period employers.
  (4)  Group accounts. Two or more reimbursing employers may file a joint
application to the secretary for the establishment of a group account for the
purpose of sharing the cost of benefits paid that are attributable to service
in the employment of such reimbursing employers. Each such application shall
identify and authorize a group representative to act as the group's agent for
the purposes of this subsection (e)(4). Upon approval of the application, the
secretary shall establish a group account for such employers effective as of
the beginning of the calendar quarter in which the secretary receives the
application and shall notify the group's representative of the effective date
of the account. Such account shall remain in effect for not less than four
years and thereafter such account shall remain in effect until terminated at
the discretion of the secretary or upon application by the group. Upon
establishment of the account, each member of the group shall be liable for
payments in lieu of contributions with respect to each calendar quarter in the
amount that bears the same ratio to the total benefits paid in such quarter
that are attributable to service performed in the employ of all members of the
group as the total wages paid for service in employment by such member in such
quarter bear to the total wages paid during such quarter for service performed
in the employ of all members of the group. The secretary shall adopt such rules
and regulations as the secretary deems necessary with respect to applications
for establishment, maintenance and termination of group accounts that are
authorized by this subsection (e)(4), for addition of new members to, and
withdrawal of active members from such accounts, and for the determination of
the amounts that are payable under this subsection (e)(4) by members of the
group and the time and manner of such payments.
  And by renumbering sections accordingly;
  In line 36, after ``Supp.'' by inserting ``44-710 and''; also in line 36, by
striking ``is'' and inserting ``are'';

232                           JOURNAL OF THE HOUSE

  And in the title, in line 10, after ``Supp.'' by inserting ``44-710 and''; in
line 11 by striking ``section'' and inserting ``sections''; and the bill be
passed as amended.
  The Committee on Calendar and Printing recommends HB 2110 be
amended on page 1, after line 13, by inserting the following:
  ``Section 1.  K.S.A. 46-1604 is hereby amended to read as follows: 46-1604.
(a) There is hereby created the joint committee on economic development which
shall be composed of five senators and eight members of the house of
representatives. The five senate members shall be the chairperson of the
standing committee on commerce of the senate, or a member of such committee
appointed by the chairperson, two members of such committee appointed by the
president and two members of such committee appointed by the minority leader.
The eight representative members shall be the chairperson of the standing
committee on economic development of the house of representatives, or a member
of such committee appointed by the chairperson, four members of such committee
appointed by the speaker and three members of such committee appointed by the
minority leader.
  (b)  All members of the joint committee on economic development shall serve
for terms ending on the first day of the regular legislative session in
odd-numbered years. After June 30 in odd-numbered years The
chairperson and vice-chairperson serving on the effective date of this act will
continue to serve in such capacities through January 12, 1998. Thereafter, on
and after the first day of the regular legislative session in even-numbered
years, the chairperson shall be one of the representative members of the
joint committee selected by the speaker and the vice-chairperson shall be one
of the senate members selected by the president. After June 30 in
even-numbered and on and after the first day of the regular legislative
session in odd-numbered years, the chairperson shall be one of the senate
members of the joint committee selected by the president and the
vice-chairperson shall be one of the representative members of the joint
committee selected by the speaker. The chairperson and vice-chairperson of the
joint committee shall serve in such capacities until July 1 of the
first day of the regular legislative session in the ensuing year. The
vicechairperson shall exercise all of the powers of the chairperson in the
absence of the chairperson.
  (c)  The joint committee on economic development may meet at any time and at
any place within the state on the call of the chairperson.
  (d)  The provisions of the acts contained in article 12 of chapter 46 of the
Kansas Statutes Annotated, and amendments thereto, applicable to special
committees shall apply to the joint committee on economic development to the
extent that the same do not conflict with the specific provisions of this act
applicable to the joint committee.
  (e)  In accordance with K.S.A. 46-1204 and amendments thereto, the
legislative coordinating council may provide for such professional services as
may be requested by the joint committee on economic development.
  (f)  The joint committee on economic development may introduce such
legislation as it deems necessary in performing its functions.
  Sec. 2.  K.S.A. 46-1701 is hereby amended to read as follows: 46-1701. (a)
There is hereby created the joint committee on state building construction
which shall be within the legislative branch of state government and which
shall be composed of three senators and three members of the house of
representatives. The three senate members shall be the chairperson of the
committee on ways and means of the senate, or a member of the committee on ways
and means of the senate appointed by the chairperson, a senator appointed by
the president and a senator appointed by the minority leader. The three
representative members shall be the chairperson of the committee on
appropriations of the house of representatives, or a member of the committee on
appropriations of the house of representatives appointed by the chairperson, a
representative appointed by the speaker and a representative appointed by the
minority leader.
  (b)  All members of the joint committee on state building construction shall
serve for terms ending on the first day of the regular legislative session in
odd-numbered years. The joint committee shall organize annually and elect a
chairperson and vice-chairperson in accordance with this subsection. After
June 30 in odd-numbered years The chairperson and vice-chairperson
serving on the effective date of this act will continue to serve in such
capacities through January 12, 1998. Thereafter, on and after the first day of
the regular

                               February 21, 1997                            233

legislative session in even-numbered years, the chairperson shall be one of
the representative members of the joint committee elected by the members of the
joint committee and the vice-chairperson shall be one of the senate members
elected by the members of the joint committee. After June 30 in
even-numbered and on and after the first day of the regular legislative
session in odd-numbered years, the chairperson shall be one of the senate
members of the joint committee elected by the members of the joint committee
and the vice-chairperson shall be one of the representative members of the
joint committee elected by the members of the joint committee. The chairperson
and vice-chairperson of the joint committee shall serve in such capacities
until July 1 of the first day of the regular legislative session in
the ensuing year. The vice-chairperson shall exercise all of the powers of the
chairperson in the absence of the chairperson. If a vacancy occurs in the
office of chairperson or vice-chairperson, a member of the joint committee, who
is a member of the same house as the member who vacated the office, shall be
elected by the members of the joint committee to fill such vacancy. Within
30 days after the effective date of this act, the joint committee shall
reorganize and elect a chairperson and a vice-chairperson in accordance with
the provisions of this act.
  (c)  A quorum of the joint committee on state building construction shall be
four. All actions of the joint committee shall be taken by a majority of all of
the members of the joint committee.
  (d)  The joint committee on state building construction may meet at any time
and at any place within the state on the call of the chairperson.
  (e)  The provisions of the acts contained in article 12 of chapter 46 of the
Kansas Statutes Annotated, and amendments thereto, applicable to special
committees shall apply to the joint committee on state building construction to
the extent that the same do not conflict with the specific provisions of this
act applicable to the joint committee.
  (f)  In accordance with K.S.A. 46-1204 and amendments thereto, the
legislative coordinating council may provide for such professional services as
may be requested by the joint committee on state building construction.
  (g)  The joint committee on state building construction may introduce such
legislation as it deems necessary in performing its functions.'';
  And by renumbering sections accordingly;
  On page 2, after line 27, by inserting the following:
  ``Sec. 4.  K.S.A. 1996 Supp. 46-2201 is hereby amended to read as follows:
46-2201. (a) On January 1, 1993, There is hereby created the joint
committee on pensions, investments and benefits which shall be composed of five
senators and eight members of the house of representatives. The five senate
members shall be the chairperson of the standing committee on ways and means of
the senate, or a member of such committee appointed by the chairperson, two
members appointed by the president and two members appointed by the minority
leader. The eight representative members shall be the chairperson of the
standing committee on appropriations of the house of representatives, or a
member of such committee appointed by the chairperson, four members appointed
by the speaker and three members appointed by the minority leader.
  (b)  All members of the joint committee on pensions, investments and benefits
shall serve for terms ending on the first day of the regular legislative
session in odd-numbered years. After June 30 in odd-numbered The
chairperson and vice-chairperson serving on the effective date of this act will
continue to serve in such capacities through January 12, 1998. Thereafter, on
and after the first day of the regular legislative session in even-numbered
years, the chairperson shall be one of the representative members of the joint
committee selected by the speaker and the vice-chairperson shall be one of the
senate members selected by the president. After June 30 in even-numbered
and on and after the first day of the regular legislative session in
odd-numbered years, the chairperson shall be one of the senate members of
the joint committee selected by the president and the vice-chairperson shall be
one of the representative members of the joint committee selected by the
speaker. The chairperson and vice-chairperson of the joint committee shall
serve in such capacities until July 1 of the first day of the regular
legislative session in the ensuing year. The vicechairperson shall exercise
all of the powers of the chairperson in the absence of the chairperson.

234                           JOURNAL OF THE HOUSE

  (c)  The joint committee on pensions, investments and benefits shall meet at
any time and at any place within the state on call of the chairperson. Members
of the joint committee shall receive compensation and travel expenses and
subsistence expenses or allowances as provided in K.S.A. 75-3212 and amendments
thereto when attending meetings of such committee authorized by the legislative
coordinating council.
  (d)  In accordance with K.S.A. 46-1204 and amendments thereto, the
legislative coordinating council may provide for such professional services as
may be requested by the joint committee on pensions, investments and benefits.
  (e)  The joint committee on pensions, investments and benefits may introduce
such legislation as deemed necessary in performing such committee's functions.
  (f)  The joint committee on pensions, investments and benefits shall:
  (1)  Monitor, review and make recommendations regarding investment policies
and objectives formulated by the board of trustees of the Kansas public
employees retirement system;
  (2)  review and make recommendations relating to benefits for members under
the Kansas public employees retirement system; and
  (3)  consider and make recommendations to the standing committee of the
senate specified by the president of the senate relating to the confirmation of
members of the board of trustees of the Kansas public employees retirement
system appointed pursuant to K.S.A. 74-4905 and amendments thereto. On and
after July 1, 1993, The information provided by the Kansas bureau of
investigation or other criminal justice agency pursuant to subsection (h) of
K.S.A. 74-4905 and amendments thereto relating to the confirmation of members
of the board to the standing committee of the senate specified by the president
shall be forwarded by the Kansas bureau of investigation or such other criminal
justice agency to such joint committee for such joint committee's consideration
and other than conviction data, shall be confidential and shall not be
disclosed except to members and employees of the joint committee as necessary
to determine qualifications of such member. The committee, in accordance with
K.S.A. 75-4319 and amendments thereto shall recess for a closed or executive
meeting to receive and discuss information received by the committee pursuant
to this subsection; and.
  (4)  review and make recommendations to the legislature by the first day
of legislative session commencing in 1997 relating to the implementation of a
permanent policy regarding adjustments in retirement benefit payments to
retirants and disabled members. Such recommendations should include a review of
cost-of-living adjustments, the shared earnings proposal presented to the 1996
legislature and other mechanisms for prefunding adjustments in retirement
benefit payments to retirants and disabled members as an alternative to annual
cost-of-living adjustments. In conducting such review the committee may utilize
legislative staff, Kansas public employees retirement system staff, the Kansas
public employees retirement system actuary and other consultants. Any
recommendations shall include actuarially based cost estimates, including an
assessment of the impact on the Kansas public employees retirement system
fund's unfunded actuarial liability.
  Sec. 5.  K.S.A. 1996 Supp. 65-34,154 is hereby amended to read as follows:
65-34,154. On or before the first day of the regular legislative session each
year, the secretary shall submit to the members of the standing committees
committee on energy and natural resources of the house of
representatives and the senate and to the members of the standing
committee on environment of the house of representatives a report regarding:
  (a)  Receipts of the fund during the preceding calendar year and the sources
of the receipts;
  (b)  disbursements from the fund during the preceding calendar year and the
purposes of the disbursements;
  (c)  the extent of corrective action taken under this act during the
preceding calendar year; and
  (d)  the prioritization of sites for expenditures from the fund.
  Sec. 6.  K.S.A. 68-2003 is hereby amended to read as follows: 68-2003. There
is hereby created a body politic and corporate to be known as the Kansas
turnpike authority. The authority is hereby constituted a public
instrumentality and the exercise by the authority of the powers conferred by
this act in the construction, operation and maintenance of turnpike

                               February 21, 1997                            235

projects shall be deemed and held to be the performance of an essential
governmental function.
  The Kansas turnpike authority shall consist of five members. Two members
shall be appointed by the governor for terms of four years. The members
appointed by the governor shall be residents of the state and shall each year
be owners of revenue bonds issued by the Kansas turnpike authority. One member
of the authority shall be the secretary of transportation. One member shall be
the chairperson of the committee on transportation and utilities
tourism of the senate, and one member shall be a member of the
committee on transportation of the house of representatives and shall be
appointed by the speaker of the house of representatives. Any person appointed
by the governor to fill a vacancy on the authority shall be appointed to serve
only for the unexpired term, and a member of the authority shall be eligible
for reappointment. A member of the authority may be removed by the governor for
misfeasance, malfeasance or willful neglect of duty, but only after reasonable
notice and a public hearing conducted in accordance with the provisions of the
Kansas administrative procedure act. Each member of the authority, before
entering upon the member's duties, shall take and subscribe an oath or
affirmation as required by law.
  The authority shall elect one member as chairperson of the authority and
another as vicechairperson. The authority shall also elect a
secretary-treasurer who need not be a member of the authority. The chairperson,
vice-chairperson and secretary-treasurer shall serve as officers at the
pleasure of the authority. Three members of the authority shall constitute a
quorum and the affirmative vote of three members shall be necessary for any
action taken by the authority. No vacancy in the membership of the authority
shall impair the right of a quorum to exercise all the rights and perform all
the duties of the authority.
  Members of the Kansas turnpike authority attending meetings of such
authority, or attending a subcommittee meeting thereof authorized by such
authority, shall be paid compensation, subsistence allowances, mileage and
other expenses as provided in K.S.A. 75-3223 and amendments thereto.'';
  And by renumbering sections accordingly;
  Also on page 2, in line 28, after ``K.S.A.'' by inserting ``46-1604,
46-1701,''; also in line 28, by striking ``is'' and inserting ``and 68-2003 and
K.S.A. 1996 Supp. 46-2201 and 6534,154 are'';
  On page 1, in the title, in line 9, by striking all after ``concerning''; in
line 10, by striking ``munications'' and inserting ``committees of the
legislature''; also in line 10, after ``K.S.A.'' by inserting ``46-1604,
46-1701,''; also in line 10, after ``46-2101'' by inserting ``and 68-2003 and
K.S.A. 1996 Supp. 46-2201 and 65-34,154''; in line 11, by striking ``section''
and inserting ``sections''; and the bill be passed as amended.
  The Committee on Environment recommends HB 2305 be passed.
  The Committee on Environment recommends HB 2307 be amended on
page 2, in line 36, by striking ``or nonresident''; in line 41, after
``lineal'' by inserting ``or collateral''; and the bill be passed as amended.
  The Committee on Governmental Organization and Elections recommends
HB 2211 be amended on page 1, by striking all in lines 13 through 43;
  On page 2, by striking all in lines 1 through 23 and inserting:
  ``Section 1.  K.S.A. 22-3701 is hereby amended to read as follows: 22-3701.
(1) The governor may pardon, or commute the sentence of, any person convicted
of a crime in any court of this state upon such terms and conditions as
prescribed in the order granting the pardon or commutation.
  (2)  The Kansas parole board, hereafter referred to as the board, shall adopt
rules and regulations governing the procedure for initiating, processing, and
hearing reviewing applications for pardon, or commutation of
sentence filed by and on behalf of persons convicted of crime.
  (3)  Except as otherwise provided, no pardon or commutation of sentence shall
be granted until more than 30 days after written notice of the application
therefor has been given to: (a) The prosecuting attorney and the judge of the
court in which the defendant was convicted; and (b) any victim of the person's
crime or the victims' victim's family, if the person was convicted
of a crime specified in article 34, 35 or 36 of chapter 21 of the Kansas
statutes annotated. Notice of such application for pardon or commutation of
sentence and

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of the hearing thereon shall be given by the secretary of corrections to the
victim who is alive and whose address is known to the secretary of corrections,
or if the victim is deceased, to the victims' victim's family if
the family's address is known to the secretary of corrections. Notice of the
hearing on receipt of such application shall be given by
publication in the official county paper of the county of conviction not
more than 30 days nor less than 15 days prior to such hearing. The form of
notice shall be prescribed by the board. If the applicant executes a poverty
affidavit, the cost of one publication of the notice during a twelve-month
period shall be paid by the state. If more than one notice of application is
published during any twelve-month period the additional cost of publication
shall be paid by the applicant. Subject to the provisions of subsection (4), if
written notification is not given to such victim who is alive and whose address
is known to the secretary of corrections or, if the victim is deceased, to the
victim's family if the family's address is known to the secretary of
corrections, the governor shall not grant or deny such application until a time
at least 30 days after notification is given by publication as provided
in this section.
  (4)  All applications for pardon or commutation of sentence shall be referred
to the board. The board shall examine each case and submit a report, together
with such information as the board may have concerning the applicant, to the
governor within 120 days after referral to the board. The governor shall not
grant or deny any such application until the governor has received the
report of the board or until 120 days after the referral to the board,
whichever time is the shorter and the provisions of subsection (3) have been
satisfied.
  Sec. 2.  K.S.A. 22-3707 is hereby amended to read as follows: 22-3707. (a)
On and after July 1, 1997, the Kansas parole board shall consist of
five four members appointed by the governor, subject to
confirmation by the senate as provided in K.S.A. 75-4315b and amendments
thereto. Except as provided by K.S.A. 1995 1996 Supp. 46-2601,
and amendments thereto, no person shall exercise any power, duty or
function as a member of the board until confirmed by the senate. No
successor shall be appointed as provided in this section for any member of
the Kansas parole board whose term expires on June 30, 1997. On and after July
1, 1997, no appointment shall be made that would result in more than
three two members of the board shall be being members
of the same political party. Except as provided by subsection (b), the term of
office of the members of the board shall be four years and until their
successors are appointed and confirmed. If a vacancy occurs in the membership
of the board before the expiration of the term of office, a successor shall be
appointed for the remainder of the unexpired term in the same manner that
original appointments are made. Each member of the board shall devote the
member's full time to the duties of membership on the board.
  (b)  The terms of members who are serving on the board on the effective date
of this act shall expire on January 15, of the year in which such member's term
would have expired under the provisions of this section prior to amendment by
this act. Thereafter, members shall be appointed for terms of four years and
until their successors are appointed and confirmed.
  (c)  The governor may not remove any member of the Kansas parole board except
for disability, inefficiency, neglect of duty or malfeasance in office. Before
removal, the governor shall give the member a written copy of the charges
against the member and shall fix the time when the member can be heard at a
public hearing, which shall not be less than 10 days thereafter. Upon removal,
the governor shall file in the office of the secretary of state a complete
statement of all charges made against the member and the findings thereupon,
with a complete record of the proceedings.
  Sec. 3.  K.S.A. 22-3709 is hereby amended to read as follows: 22-3709. (a)
The chairperson and vice-chairperson of the Kansas parole board shall be
designated by the governor. The chairperson of the board shall have the
authority to organize and administer the activities of the board. The
chairperson of the board may designate panels, consisting of three members of
the board, which shall have the full authority and power of the board to order
the denial, grant or revocation of an inmate's parole or conditional release,
or for crimes committed on or after July 1, 1993, grant parole for off-grid
crimes or revocation of postrelease supervision or to order the revocation of
an inmate's conditional release, upon

                               February 21, 1997                            237

hearing by one or more members of the panel. The director of the board shall
act as secretary to the board.
  (b)  Any decision of the Kansas parole board granting original parole to an
inmate sentenced for a class A or class B felony or for off-grid crimes
committed on or after July 1, 1993, shall be by unanimous vote of all members
of the three-member panel acting on such parole except that, if two members of
such panel vote to parole the inmate, the full membership of the board shall
review the decision of the panel and may parole such inmate upon the vote of
four three members of the board.
  Sec. 4.  K.S.A. 22-3712 is hereby amended to read as follows: 22-3712. The
Kansas parole board may establish and maintain residence facilities for the
housing of probationers, parolees or persons on postrelease supervision, or may
contract for such housing in facilities approved by it; it may establish and
maintain diagnostic and treatment facilities for persons referred during
presentence investigation or on probation, parole or postrelease supervision,
or may contract for such facilities. As a condition of probation, parole or
postrelease supervision, a probationer, parolee or person on postrelease
supervision may be placed in such residence, a diagnostic, or
treatment facility by order of the court or parole board. Placement in a
diagnostic or treatment facility shall not exceed 90 days or the maximum period
of the prison sentence that could be imposed, but may be renewed for further
ninetyday periods on certificates presented to the court by the director of
such facility.
  Sec. 5.  K.S.A. 1996 Supp. 22-3717 is hereby amended to read as follows:
22-3717. (a) Except as otherwise provided by this section, K.S.A. 1993 Supp.
21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638 and amendments
thereto, an inmate, including an inmate sentenced pursuant to K.S.A. 21-4618
and amendments thereto, shall be eligible for parole after serving the entire
minimum sentence imposed by the court, less good time credits.
  (b) (1)  Except as provided by K.S.A. 21-4635 through 21-4638 and amendments
thereto, an inmate sentenced to imprisonment for the crime of capital murder,
or an inmate sentenced for the crime of murder in the first degree based upon a
finding of premeditated murder, committed on or after July 1, 1994, shall be
eligible for parole after serving 25 years of confinement, without deduction of
any good time credits.
  (2)  Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp.
21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638, and amendments
thereto, an inmate sentenced to imprisonment for an off-grid offense committed
on or after July 1, 1993, shall be eligible for parole after serving 15 years
of confinement, without deduction of any good time credits.
  (3)  Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an
inmate sentenced for a class A felony committed before July 1, 1993, including
an inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be
eligible for parole after serving 15 years of confinement, without deduction of
any good time credits.
  (4)  An inmate sentenced to imprisonment for a violation of subsection (a) of
K.S.A. 213402 and amendments thereto committed on or after July 1, 1996, shall
be eligible for parole after serving 10 years of confinement without deduction
of any good time credits.
  (c)  Except as provided in subsection (e), if an inmate is sentenced to
imprisonment for more than one crime and the sentences run consecutively, the
inmate shall be eligible for parole after serving the total of:
  (1)  The aggregate minimum sentences, as determined pursuant to K.S.A.
21-4608 and amendments thereto, less good time credits for those crimes which
are not class A felonies; and
  (2)  an additional 15 years, without deduction of good time credits, for each
crime which is a class A felony.
  (d) (1)  Persons sentenced for crimes, other than off-grid crimes, committed
on or after July 1, 1993, will not be eligible for parole, but will be released
to a mandatory period of postrelease supervision upon completion of the prison
portion of their sentence as follows:
  (A)  Except as provided in subparagraphs (C) and (D), persons sentenced for
nondrug severity level 1 through 6 crimes and drug severity levels 1 through 3
crimes must serve 36 months, plus the amount of good time earned and retained
pursuant to K.S.A. 21-4722 and amendments thereto, on postrelease supervision.

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  (B)  Except as provided in subparagraphs (C) and (D), persons sentenced for
nondrug severity level 7 through 10 crimes and drug severity level 4 crimes
must serve 24 months, plus the amount of good time earned and retained pursuant
to K.S.A. 21-4722 and amendments thereto, on postrelease supervision.
  (C) (i)  The sentencing judge shall impose the postrelease supervision period
provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge finds
substantial and compelling reasons to impose a departure based upon a finding
that the current crime of conviction was sexually violent or sexually
motivated. In that event, departure may be imposed to extend the postrelease
supervision to a period of up to 60 months.
  (ii)  If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure. Departures
in this section are subject to appeal pursuant to K.S.A. 21-4721 and amendments
thereto.
  (iii)  In determining whether substantial and compelling reasons exist, the
court shall consider:
  (a)  Written briefs or oral arguments submitted by either the defendant or
the state;
  (b)  any evidence received during the proceeding;
  (c)  the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to subsection (e) of
K.S.A. 21-4714 and amendments thereto; and
  (d)  any other evidence the court finds trustworthy and reliable.
  (iv)  The sentencing judge may order that a psychological evaluation be
prepared and the recommended programming be completed by the offender. The
department of corrections or the parole board shall ensure that court ordered
sex offender treatment be carried out.
  (v)  In carrying out the provisions of subparagraph (d)(1)(C), the court
shall refer to K.S.A. 21-4718 and amendments thereto.
  (vi)  Upon petition, the parole board may provide for early discharge from
the postrelease supervision period upon completion of court ordered programs
and completion of the presumptive postrelease supervision period, as determined
by the crime of conviction, pursuant to subparagraph (d)(1)(A) or (B). Early
discharge from postrelease supervision is at the discretion of the parole
board.
  (vii)  Persons convicted of crimes deemed sexually violent or sexually
motivated, shall be registered according to the habitual sex offender
registration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
  (D)  The period of postrelease supervision provided in subparagraphs (A) and
(B) may be reduced by up to 12 months based on the offender's compliance with
conditions of supervision and overall performance while on postrelease
supervision. The reduction in the supervision period shall be on an earned
basis pursuant to rules and regulations adopted by the secretary of
corrections.
  (E)  In cases where sentences for crimes from more than one severity level
have been imposed, the highest severity level offense will dictate the period
of postrelease supervision. Supervision periods will not aggregate.
  (2)  As used in this section, ``sexually violent crime'' means:
  (A)  Rape, K.S.A. 21-3502, and amendments thereto;
  (B)  indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
  (C)  aggravated indecent liberties with a child, K.S.A. 21-3504, and
amendments thereto;
  (D)  criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and
amendments thereto;
  (E)  aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
  (F)  indecent solicitation of a child, K.S.A. 21-3510, and amendments
thereto;
  (G)  aggravated indecent solicitation of a child, K.S.A. 21-3511, and
amendments thereto;
  (H)  sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
  (I)  aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
  (J)  any conviction for a felony offense in effect at any time prior to the
effective date of this act, that is comparable to a sexually violent crime as
defined in subparagraphs (A)

                               February 21, 1997                            239

through (I), or any federal or other state conviction for a felony offense that
under the laws of this state would be a sexually violent crime as defined in
this section;
  (K)  an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
21-3301, 213302, 21-3303, and amendments thereto, of a sexually violent crime
as defined in this section; or
  (L)  any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated. As used
in this subparagraph, ``sexually motivated'' means that one of the purposes for
which the defendant committed the crime was for the purpose of the defendant's
sexual gratification.
  (e)  If an inmate is sentenced to imprisonment for a crime committed while on
parole or conditional release, the inmate shall be eligible for parole as
provided by subsection (c), except that the Kansas parole board may postpone
the inmate's parole eligibility date by assessing a penalty not exceeding the
period of time which could have been assessed if the inmate's parole or
conditional release had been violated for reasons other than conviction of a
crime.
  (f)  If a person is sentenced to prison for a crime committed on or after
July 1, 1993, while on probation, parole, conditional release or in a community
corrections program, for a crime committed prior to July 1, 1993, and the
person is not eligible for retroactive application of the sentencing guidelines
and amendments thereto pursuant to K.S.A. 214724 and amendments thereto, the
new sentence shall not be aggregated with the old sentence, but shall begin
when the person is paroled or reaches the conditional release date on the old
sentence. If the offender was past the offender's conditional release date at
the time the new offense was committed, the new sentence shall not be
aggregated with the old sentence but shall begin when the person is ordered
released by the Kansas parole board or reaches the maximum sentence expiration
date on the old sentence, whichever is earlier. The new sentence shall then be
served as otherwise provided by law. The period of postrelease supervision
shall be based on the new sentence, except that those offenders whose old
sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993
Supp. 21-4628 prior to its repeal, or an indeterminate sentence with a maximum
term of life imprisonment, for which there is no conditional release or maximum
sentence expiration date, shall remain on postrelease supervision for life or
until discharged from supervision by the Kansas parole board.
  (g)  Subject to the provisions of this section, the Kansas parole board may
release on parole those persons confined in institutions who are eligible for
parole when: (1) The board believes that the inmate should be released for
hospitalization, for deportation or to answer the warrant or other process of a
court and is of the opinion that there is reasonable probability that the
inmate can be released without detriment to the community or to the inmate; or
(2) the secretary of corrections has reported to the board in writing that the
inmate has satisfactorily completed the programs required by any agreement
entered under K.S.A. 75-5210a and amendments thereto, or any revision of such
agreement, and the board believes that the inmate is able and willing to
fulfill the obligations of a law abiding citizen and is of the opinion that
there is reasonable probability that the inmate can be released without
detriment to the community or to the inmate. Parole shall not be granted as an
award of clemency and shall not be considered a reduction of sentence or a
pardon.
  (h)  The Kansas parole board shall hold a parole hearing during at
least the month prior to the month an inmate will be eligible for parole
under subsections (a), (b) and (c). At least the month preceding the parole
hearing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public comment
sessions for the inmate to any victim of the inmate's crime who is alive and
whose address is known to the county or district attorney or, if the victim is
deceased, to the victim's family if the family's address is known to the county
or district attorney. Except as otherwise provided, failure to notify pursuant
to this section shall not be a reason to postpone a parole hearing. In the case
of any inmate convicted of a class A felony the secretary of corrections shall
give written notice of the time and place of the public comment session for
such inmate at least one month preceding the public comment session to any
victim of such inmate's crime or the victim's family pursuant to K.S.A. 74-7338
and amendments thereto. If notification is not given to such victim or such
victim's family in the case of any inmate

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convicted of a class A felony, the board shall postpone a decision on parole of
the inmate to a time at least 30 days after notification is given as provided
in this section. Nothing in this section shall create a cause of action against
the state or an employee of the state acting within the scope of the employee's
employment as a result of the failure to notify pursuant to this section. If
granted parole, the inmate may be released on parole on the date specified by
the board, but not earlier than the date the inmate is eligible for parole
under subsections   (a), (b) and (c). At each parole hearing and, if parole is
not granted, at such intervals thereafter as it determines appropriate, the
Kansas parole board shall consider: (1) Whether the inmate has satisfactorily
completed the programs required by any agreement entered under K.S.A. 75-5210a
and amendments thereto, or any revision of such agreement; and   (2) all
pertinent information regarding such inmate, including, but not limited to, the
circumstances of the offense of the inmate; the presentence report; the
previous social history and criminal record of the inmate; the conduct,
employment, and attitude of the inmate in prison; the reports of such physical
and mental examinations as have been made; comments of the victim and the
victim's family; comments of the public; official comments; and capacity of
state correctional institutions.
  (i)  In those cases involving inmates sentenced for a crime committed after
July 1, 1993, the parole board will review the inmates proposed release plan.
The board may schedule a hearing if they desire. The board may impose any
condition they deem necessary to insure public safety, aid in the reintegration
of the inmate into the community, or items not completed under the agreement
entered into under K.S.A. 75-5210a and amendments thereto. The board may not
advance or delay an inmate's release date. Every inmate while on postrelease
supervision shall remain in the legal custody of the secretary of corrections
and is subject to the orders of the secretary.
  (j)  Within a reasonable time after an inmate is committed to the custody
of the secretary of corrections, a member of the Kansas parole board, or a
designee of the board, shall hold an initial informational hearing with such
inmate and other inmates.
  (k)  Before ordering the parole of any inmate, the Kansas parole board
shall have the inmate appear before it either in person or via a video
conferencing format and shall interview the inmate unless impractical
because of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody of
the secretary of corrections and is subject to the orders of the secretary.
Whenever the Kansas parole board formally considers placing an inmate on parole
and no agreement has been entered into with the inmate under K.S.A. 75-5210a
and amendments thereto, the board shall notify the inmate in writing of the
reasons for not granting parole. If an agreement has been entered under K.S.A.
75-5210a and amendments thereto and the inmate has not satisfactorily completed
the programs specified in the agreement, or any revision of such agreement, the
board shall notify the inmate in writing of the specific programs the inmate
must satisfactorily complete before parole will be granted. If parole is not
granted only because of a failure to satisfactorily complete such programs, the
board shall grant parole upon the secretary's certification that the inmate has
successfully completed such programs. If an agreement has been entered under
K.S.A. 75-5210a and amendments thereto and the secretary of corrections has
reported to the board in writing that the inmate has satisfactorily completed
the programs required by such agreement, or any revision thereof, the board
shall not require further program participation. However, if the board
determines that other pertinent information regarding the inmate warrants the
inmate's not being released on parole, the board shall state in writing the
reasons for not granting the parole. If parole is denied for an inmate
sentenced for a crime other than a class A or class B felony or an off-grid
felony, the board shall hold another parole hearing for the inmate not later
than one year after the denial unless the parole board finds that it is not
reasonable to expect that parole would be granted at a hearing if held in the
next three years or during the interim period of a deferral. In such case, the
parole board may defer subsequent parole hearings for up to three years but any
such deferral by the board shall require the board to state the basis for its
findings.  If parole is denied for an inmate sentenced for a class A or class B
felony or an off-grid felony, the board shall hold another parole hearing for
the inmate not later than three years after the denial unless the parole board
finds that it is not reasonable to expect that parole would be granted at a
hearing if

                               February 21, 1997                            241

held in the next 10 years or during the interim period of a deferral. In such
case, the parole board may defer subsequent parole hearings for up to 10 years
but any such deferral shall require the board to state the basis for its
findings.
  (l) (k)  Parolees and persons on postrelease supervision shall be
assigned, upon release, to the appropriate level of supervision pursuant to the
criteria established by the secretary of corrections.
  (m) (l)  The Kansas parole board shall adopt rules and
regulations in accordance with K.S.A. 77-415 et seq., and amendments
thereto, not inconsistent with the law and as it may deem proper or necessary,
with respect to the conduct of parole hearings, postrelease supervision
reviews, revocation hearings, orders of restitution and other conditions to be
imposed upon parolees or releasees. Whenever an order for parole or postrelease
supervision is issued it shall recite the conditions thereof.
  (n) (m)  Whenever the Kansas parole board orders the parole of an
inmate or establishes conditions for an inmate placed on postrelease
supervision, the board:
  (1)  Unless it finds compelling circumstances which would render a plan of
payment unworkable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision pay any
transportation expenses resulting from returning the parolee or the person on
postrelease supervision to this state to answer criminal charges or a warrant
for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease
supervision;
  (2)  to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease
supervision make progress towards or successfully complete the equivalent of a
secondary education if the inmate has not previously completed such educational
equivalent and is capable of doing so; and
  (3)  may order that the parolee or person on postrelease supervision perform
community or public service work for local governmental agencies, private
corporations organized notfor-profit or charitable or social service
organizations performing services for the community.
  (o) (n)  If the court which sentenced an inmate specified at the
time of sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the Kansas parole board shall
order as a condition of parole or postrelease supervision that the inmate pay
restitution in the amount and manner provided in the journal entry unless the
board finds compelling circumstances which would render a plan of restitution
unworkable. If the parolee was sentenced before July 1, 1986, and the court
did not specify at the time of sentencing the amount and the recipient of any
restitution ordered as a condition of parole, the parole board shall order as a
condition of parole that the parolee make restitution for the damage or loss
caused by the parolee's crime in an amount and manner determined by the board
unless the board finds compelling circumstances which would render a plan of
restitution unworkable. If the parolee was sentenced on or after July 1, 1986,
and the court did not specify at the time of sentencing the amount and the
recipient of any restitution ordered as a condition of parole or postrelease
supervision, the parole board shall not order restitution as a condition of
parole or postrelease supervision unless the board finds compelling
circumstances which justify such an order.
  (p) (o)  Whenever the Kansas parole board grants the parole of an
inmate, the board, within 10 days of the date of the decision to grant parole,
shall give written notice of the decision to the county or district attorney of
the county where the inmate was sentenced.
  (q) (p)  When an inmate is to be released on postrelease
supervision, the secretary, within 30 days prior to release, shall provide the
county or district attorney of the county where the inmate was sentenced
written notice of the release date.
  (r) (q)  Inmates shall be released on postrelease supervision
upon the termination of the prison portion of their sentence. Time served while
on postrelease supervision will vest.
  (s) (r)  An inmate who is allocated regular good time credits as
provided in K.S.A. 223725 and amendments thereto may receive meritorious good
time credits in increments of not more than 90 days per meritorious act. These
credits may be awarded by the secretary of corrections when an inmate has acted
in a heroic or outstanding manner in coming to the assistance of another person
in a life threatening situation, preventing injury or death

242                           JOURNAL OF THE HOUSE

to a person, preventing the destruction of property or taking actions which
result in a financial savings to the state.
  Sec. 6.  K.S.A. 22-3718 is hereby amended to read as follows: 22-3718.
Upon release, an inmate who has served the inmate's maximum term or
terms, less such work and good behavior credits as have been earned, shall,
upon release, shall be subject to such written rules and conditions as
the Kansas parole board may impose, until the expiration of the maximum term or
terms for which the inmate was sentenced or until the inmate is otherwise
discharged. If the court which sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of release pursuant to this section, the parole board may set aside
restitution as a condition of release payment of restitution, if the board
finds compelling circumstances which would render a plan of restitution
unworkable. If the inmate was sentenced before July 1, 1986, and the court
did not specify at the time of sentencing the amount and the recipient of any
restitution ordered as a condition of release, the parole board shall order as
a condition of release that the inmate make restitution for the damage or loss
caused by the inmate's crime in an amount and manner determined by the board
unless the board finds compelling circumstances which would render a plan of
restitution unworkable. If the inmate was sentenced on or after July 1, 1986,
and the court did not specify at the time of sentencing the amount and the
recipient of any restitution ordered as a condition of release pursuant to this
section, the parole board shall not order restitution as a condition of release
unless the board finds compelling circumstances which justify such an order.
Prior to the release of any inmate on parole, conditional release or expiration
of sentence, if an inmate is released into the community under a program under
the supervision of the secretary of corrections, the secretary shall give
written notice of such release to any victim or victim's family as provided in
K.S.A. 22-3727, and amendments thereto.
  Sec. 7.  K.S.A. 22-3701, 22-3707, 22-3709, 22-3712 and 22-3718 and K.S.A.
1996 Supp. 22-3717 are hereby repealed.'';
  And by renumbering section 4 as section 8;
  In the title, by striking all in lines 9 and 10, and inserting: ``AN ACT
concerning criminal procedure; relating to parole and the Kansas parole board;
amending K.S.A. 22-3701, 223707, 22-3709, 22-3712 and 22-3718 and K.S.A. 1996
Supp. 22-3717 and repealing the existing sections.''; and the bill be passed as
amended.
  The Committee on Health and Human Services recommends HB 2249 be
amended on page 1, in line 25, by striking ``which meet a''; in line 26, by
striking all before the period and inserting ``as defined in K.S.A. 1996 Supp.
79-32,195 and amendments thereto''; and the bill be passed as amended.
  The Committee on Health and Human Services recommends HB 2255 be
amended on page 2, in line 5, after the period, by inserting ``In addition to
diagnosed cases under this section, diagnosed cases of maple syrup urine
disease shall be included as a diagnosed case under this subsection.''; in line
6, by striking ``Where'' and inserting ``Except for treatment products provided
under subsection (e), if''; in line 11, after the period, by inserting ``In
addition to diagnosed cases under this section, diagnosed cases of maple syrup
urine disease shall be included as a diagnosed case under this subsection.'';
  In the title, in line 10, by striking ``concerning insurance;''; and the bill
be passed as amended.
  The Committee on Judiciary recommends HB 2143, 2313 be passed.
  The Committee on Judiciary recommends HB 2250 be amended on page
1, in line 21, before ``Topeka'' by inserting ``Overland Park,''; and the bill
be passed as amended.
  The Committee on Transportation recommends HB 2093 be amended on
page 1, in line 23, preceding the semicolon by inserting ``in effect on July 1,
1997'';
  On page 2, preceding line 15, by inserting the following:
  ``Sec. 3.  K.S.A. 1996 Supp. 8-1560 is hereby amended to read as follows:
8-1560. (a) Whenever local authorities in their respective jurisdictions
determine on the basis of an engineering and traffic investigation that the
maximum speed permitted is greater or less than is reasonable and safe under
the conditions found to exist upon a highway or part of a highway, the local
authority may determine and declare a reasonable and safe maximum limit thereon
which:

                               February 21, 1997                            243

  (1)  Decreases the limit at intersections;
  (2)  increases the limit within an urban district but not to exceed the
maximum speed of 65 miles per hour;
  (3)  decreases the limit outside an urban district, but not to less than 20
miles per hour, except as authorized by K.S.A. 1996 Supp. 8-1560a, and
amendments thereto;
  (4)  decreases the limit within an urban district in a school zone to not
less than 20 miles per hour, except that any such decreased limit shall apply
only during the hours in which students are normally en route to or from
school, such zones and hours to be determined by ordinance or resolution of
such local authority; or
  (5)  decreases the limit within any residence district, but not to less than
20 miles per hour.
  (b)  Local authorities in their respective jurisdictions may determine by
based on an engineering and traffic investigation or without an
engineering and traffic investigation the proper maximum speed for all
arterial streets and shall declare a reasonable and safe maximum limit thereon
which may be greater or less than the maximum speed permitted under this act
for an urban district or other location in which the arterial street is
situated, except that in no event shall any local authority establish any such
maximum limit in excess of 65 miles per hour.
  (c)  Except as otherwise provided in paragraph (4) of subsection (a), any
altered limit established as authorized shall be effective at all times or
during hours of darkness or at other times as may be determined when
appropriate signs giving notice thereof are erected upon such street or
highway.
  (d)  Any alteration of maximum limits on city connecting links shall not be
effective until such alteration has been approved by the secretary of
transportation.
  (e)  If local authorities in their respective jurisdictions have established
a speed limit within any residence district which is less than 30 miles per
hour, prior to the effective date of this act, such speed limit shall be deemed
valid and shall not require an engineering and traffic investigation.
  (f)  Local authorities in their respective jurisdictions may establish the
speed limit within a road construction zone, as defined in K.S.A. 1996 Supp.
8-1458a, and amendments thereto, upon any highway under the jurisdiction of
such local authorities.
  (g)  The provisions of K.S.A. 1996 Supp. 8-1560b, and amendments
thereto, shall apply to the limitations on speed limits provided by
subsection (a) of this section.'';
  And by renumbering sections accordingly;
  Also on page 2, in line 15, following ``8-1344'' by inserting ``and 8-1560'';
  Also on page 1, in the title, in line 9, preceding ``amend-'' by inserting
``concerning alteration of maximum speed limits by local authorities;''; in
line 10, following ``8-1344'' by inserting ``and 8-1560''; and the bill be
passed as amended.
  The Committee on Transportation recommends HB 2223 be amended on
page 1, by striking all of lines 13 through 29 and inserting:
  ``Section 1.  K.S.A. 12-6a04 is hereby amended to read as follows: 12-6a04.
(1) (a) Before any contract is let or any work is ordered or
authorized for an improvement, the governing body shall by resolution direct
and order a public hearing on the advisability of the improvement. Except as
provided in subsection (d), notice of the hearing shall be given by not less
than two (2) publications in a newspaper. The two publications shall be a
week apart and at least three (3) days shall elapse between the last
publication and the hearing. Notice shall be given as to:
  (a) (1)  Time and place of hearing;
  (b) (2)  general nature of the proposed improvements;
  (c) (3)  the estimated or probable cost;
  (d) (4)  extent of the proposed improvement district to be
assessed;
  (e) (5)  the proposed method of assessment; and
  (f) (6)  proposed apportionment of cost (if any), if
any, between the improvement district and the city at large. The hearing may
be adjourned from time to time and until the governing body shall have made
findings by resolution as to the advisability of the improvement, the nature of
the improvement, the estimated cost, the boundaries of the improvement
district, the method of assessment and the apportionment of cost (if
any), if

244                           JOURNAL OF THE HOUSE

any, between the district and the city at large, all as finally determined
by the governing body: Provided, except that the area
of the improvement district to be assessed may be less than, but shall not
exceed, the area proposed to be assessed as stated in the notice of hearing
without giving notice and holding a new hearing on the improvement:
Provided further, That. The governing body may proceed
without such notice and hearing, to make findings by resolution as to the
advisability of improvements as provided in this section whenever adjoining
parallel streets have been improved, and the proceedings are to improve the
intervening connecting street to the same extent as the streets to be
connected, or when two portions of any street have been improved and an
intervening portion not exceeding two (2) blocks has not been improved, and the
proceedings are to improve such intervening portion to the same extent as the
improved portions, or when the proceedings are to improve sanitary and storm
water sewers.
  (2) (b)  Petitions for any improvement authorized to be made
under the provisions of this act which set forth:
  (a) (1)  The general nature of the proposed improvement;
  (b) (2)  the estimated or probable cost;
  (c) (3)  the extent of the proposed improvement district to be
assessed;
  (d) (4)  the proposed method of assessment;
  (e) (5)  the proposed apportionment of cost, if any, between the
improvement district and the city at large; and
  (f) (6)  a request that such improvement be made without notice
and hearing as required in subsection (1) (a) of this section, may
be filed with the city clerk. Names may not be withdrawn from the petitions by
the signers thereof after the governing body commences consideration of the
petitions or later than seven (7) days after such filing, whichever
occurs first: Provided, however, except that the
petitions shall contain a notice that the names of the signers may not be
withdrawn after such a period of time. Such petitions may be found sufficient
if signed by either (i):
  (A)  A majority of the resident owners of record of property liable for
assessment under the proposal, or (ii); (B) the resident owners of
record of more than one-half of the area liable for assessment under the
proposal, or (iii) ; or (C) the owners of record
(,whether resident or not), of more than one-half of
the area liable to be assessed under the proposal.
  (c)  Upon filing of such petitions, the governing body may make
findings by resolution as to the advisability of the improvement, the nature of
the improvement, the estimated cost, the boundaries of the improvement
district, the method of assessment and apportionment of cost, if any, between
the improvement district and the city at large, all as determined by the
governing body. Thereupon the governing body may proceed without notice and
hearing to order the improvement as provided in K.S.A. 12-6a06, and
amendments thereto, except that no protest shall be received as provided in
said such section: Provided,. The area of
the improvement district finally determined by the governing body to be
assessed may not exceed the district proposed in the petition unless notice is
given and a hearing held as provided in subsection (1) (a) of this
section, in which instance the proceedings shall be subject to protest as in
other cases.
  (d)  Whenever adjoining parallel streets have been improved, and the city
proposes to improve the intervening connecting street to the same extent as the
streets to be connected, or when two portions of any street have been improved
and an intervening portion not exceeding two blocks has not been improved, and
the city proposes to improve such intervening portion to the same extent as the
improved portions, in addition to the notice required under subsection (a),
notice of public hearing on the advisability of such improvements shall be
given by certified mail to the owners of record of such property. Such notice
shall include the information required under subsection (a).
  Sec. 2.  K.S.A. 12-6a06 is hereby amended to read as follows: 12-6a06. The
governing body may, by a majority vote of the entire members-elect
thereof, at any time within six (6) months after the final
adjournment of the hearing on the advisability of making the improvements,
adopt a resolution authorizing the improvement in accordance with the finding
of the governing body upon the advisability of the improvement, as provided in
K.S.A. 12-6a04, and amendments thereto, which shall be effective upon
publication once in the newspaper: Provided, except
that the improvement shall not be commenced if, within

                               February 21, 1997                            245

twenty (20) 20 days after publication of the resolution ordering
the improvement, written protests signed by both fifty-one percent (51%)
51% or more of the resident owners of record of property within the
improvement district and the owners of record of more than half of the total
area of such district are filed with the city clerk: Provided,
however,. Whenever adjoining parallel streets have been improved,
and the proceedings are to improve the intervening connecting street to the
same extent as the streets to be connected, or when two portions of any street
have been improved and an intervening portion not exceeding two blocks has not
been improved, and the proceedings are to improve such intervening portion to
the same extent as the improved portions, or the improvement shall not
be commenced if, within 30 days after publication of the resolution ordering
the improvement, written protests are signed by both 75% of the resident owners
of record of such property and the owners of record of 75% of the total area of
such property are filed with the city clerk. When the proceedings are to
improve sanitary and storm water sewers, no protest shall be accepted by the
city clerk and such improvements may be made regardless of protests. The
genuineness of the signature and addresses of all signers of each protest shall
be verified by some signer of such protest. The governing body shall be judge
of the sufficiency of any protest and its decision shall be final and
conclusive: Provided, except that names may be
withdrawn from any protests by the signers thereof at any time before the
governing body shall convene its meeting to determine the sufficiency
thereof.'';
  And by renumbering sections accordingly;
  Also on page 1, in line 30, by striking ``12-6a07 is'' and inserting
``12-6a04 and 12-6a06 are'';
  Also on page 1, in the title, in line 10, by striking ``12-6a07'' and
inserting ``12-6a04 and 12-6a06''; also in line 10, by striking ``section'' and
inserting ``sections''; and the bill be passed as amended.

REPORT OF STANDING COMMITTEE

  Your Committee on Calendar and Printing recommends on requests for
resolutions and certificates that
  Request No. 55, by Representative Sloan, in support of the Kansas
County Highway Association for their proposal to host the 2000 annual meeting
of the National Association of County Engineers;
be approved and the Chief Clerk of the House be directed to order the printing
of said certificates and order drafting of said resolutions.
  On motion of Rep. Jennison, the committee report was adopted.
  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 2495, An act concerning retirement; relating to state officers and
employees; concerning exempting the department of transportation from making
certain position reductions based on state employee retirements; amending
K.S.A. 1996 Supp. 75-6801 and repealing the existing section, by Committee on
Appropriations.
  HB 2496, An act concerning improvements to existing structures;
relating to tax increment rebates; amending K.S.A. 1996 Supp. 12-17,118 and
repealing the existing section, by Committee on Appropriations.
  HB 2497, An act concerning the Kansas commission on veterans affairs;
establishing the Kansas veterans' home on the grounds of Winfield state
hospital and training center; providing for lease and operation of a long-term
care annex in Wichita; amending K.S.A. 73-1207, 73-1208b, 73-1210a and 75-3036a
and K.S.A. 1996 Supp. 40-3414, 76-375 and 76381 and repealing the existing
sections, by Committee on Appropriations.
  On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday,
February 24, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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