J o u r n a l o f t h e H o u s e THIRTY-SECOND DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Wednesday, February 26, 1997, 9:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 122 members present. Reps. Haley and Powell were excused on excused absence by the Speaker. Present later: Reps. Haley and Powell. Prayer by Chaplain Washington: Heavenly Father, Sometimes we have a real problem with forgetting things. There are names and faces that we struggle to remember. Phone numbers tend to quickly slip away. Sometimes there's a problem remembering where we put something . . . or remembering if we did something . . . or remembering what we said. There are times when our memory seems awfully feeble. Lord, while we struggle to remember all the tasks before us, help us not to forget You. In Deuteronomy 8:10-14, You said to Your people, ``When you have all you want to eat, then praise the Lord for giving you a good land. Be careful not to forget the Lord your God so that you FAIL to obey His commands, laws, and rules. . . . When you eat all you want and build nice houses and live in them, when your herds and flocks grow large and your silver and gold increase, when you have more of everything, then your heart will become proud. You will forget the Lord your God. . . .'' Thank you, Lord, for this brief moment of prayer, that in our prosperity, we might remember not to forget. I come to You today, in the Name of Jesus, the Christ. Amen. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: HB 2505, An act regulating traffic; concerning certain equipment; amending K.S.A. 1996 Supp. 8-2118 and repealing the existing section, by Committee on Federal and State Affairs. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2502; SB 173. Business, Commerce and Labor: HB 2501; SB 136, 175, 227. Education: SB 131. Environment: HB 2499; SB 123, 237, 275. Federal and State Affairs: HB 2504. Health and Human Services: SB 240. Insurance: SB 3, 144, 229, 303. Judiciary: SB 259. Taxation: HB 2503. Transportation: SB 29, 174. Utilities: HB 2500; SB 147, 177. 286 JOURNAL OF THE HOUSE CONSENT CALENDAR No objection was made to HB 2308 appearing on the Consent Calendar for the second day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2064, An act concerning state governmental ethics; relating to reports filed by lobbyists; amending K.S.A. 46-269 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 121; Nays 0; Present but not voting 0; Absent or not voting 3. 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, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, 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, 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: Haley, Johnston, Powell. The bill passed. HB 2073, An act relating to the division of vehicles; concerning the expiration date of driver's licenses and nondriver identification cards; amending K.S.A. 8-1325 and K.S.A. 1996 Supp. 8-240, 8-246 and 8-247 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 113; Nays 9; Present but not voting 0; Absent or not voting 2. 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, Findley, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mayans, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Feuerborn, Flaharty, Flora, Phill Kline, Mason, Mays, Packer, Tanner, Wempe. Present but not voting: None. Absent or not voting: Haley, Powell. The bill passed, as amended. HB 2143, An act concerning civil procedure; relating to wrongful death; amending K.S.A. 60-1903 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 68; Nays 55; Present but not voting 1; Absent or not voting 0. Yeas: Adkins, Alldritt, Ballard, Ballou, Benlon, Bradley, Burroughs, Carmody, Correll, Cox, Crow, Dean, Dillon, Farmer, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Horst, Howell, Huff, Humerickhouse, February 26, 1997 287 Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, J. Long, Mays, McClure, McKechnie, Minor, Nichols, O'Connor, Packer, Pauls, E. Peterson, Phelps, Powers, Reardon, Reinhardt, Ruff, Sawyer, Shallenburger, Sharp, Showalter, Shriver, Sloan, Spangler, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Wells, Welshimer, Wempe. Nays: Allen, Aurand, Beggs, Boston, Campbell, Compton, Dahl, Donovan, Dreher, Edmonds, Empson, Faber, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Hayzlett, Holmes, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Landwehr, Lane, Lloyd, P. Long, Mason, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, O'Neal, Palmer, J. Peterson, Pottorff, Powell, Presta, Ray, Samuelson, Schwartz, Shore, Shultz, Stone, Toplikar, Vining, Wagle, Weber, Wilk, Wilson. Present but not voting: Mayans. Absent or not voting: None. The bill passed. EXPLANATIONS OF VOTE Mr. Speaker: I vote no on HB 2143. It does nothing to ease the pain of the loss of a loved one. What it does, is add financial pain to the rate payer for auto liability insurance, homeowners liability insurance, hospital and medical insurance and adds significantly to medical costs. This simply is a Draconian transfer of funds from the insured, already financial strapped tax payer, to the aggrieved survivor of an unfortunate accident and into the pocket of the fortunate trial attorney who represents the survivor. It is indeed a sad day when we legislators do not consider who really pays the bills for our uninformed decisions.--Don Myers Mr. Speaker: I vote ``no'' on HB 2143 which increases by 400% the litigation tax on business, homeowners and automobile owners in the state. The bill's sponsor admitted that only 3% of all cases are tort cases and only a tiny fraction of those are for wrongful death. Yet, this body would increase by 400% the risk and cost of that risk for everyone in the state. It's hypocritical to cut property taxes one day in the name of relief and stick it to the tax payer with higher litigation taxes the next, just to help a group of trial lawyers.--Mike O'Neal HB 2255, An act relating to cost reimbursement for necessary food treatment products; purchasing food treatment products authorized; amending K.S.A. 1996 Supp. 65-180 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, as amended. HB 2289, An act concerning agriculture; relating to sericea lespedeza; bull thistle; noxious weeds and noxious weed seed; amending K.S.A. 2-1314, 2-1314b and 2-1415 and repealing the existing sections, was considered on final action. 288 JOURNAL OF THE HOUSE On roll call, the vote was: Yeas 120; Nays 4; Present but not voting 0; Absent or not voting 0. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Donovan, Dreher, Edmonds, Empson, 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, 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, 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: Aurand, Faber, Lloyd, Reinhardt. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2303, An act concerning hunting or fishing by persons with disabilities; amending K.S.A. 32-932 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 122; Nays 2; 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, 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, 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: Edmonds, Powers. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2305, An act concerning hunting by certain nonresidents; amending K.S.A. 32-980 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 111; Nays 12; Present but not voting 1; 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, Empson, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, 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, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilson. February 26, 1997 289 Nays: Edmonds, Faber, Feuerborn, Howell, Phill Kline, Larkin, Packer, Powers, Shallenburger, Swenson, Toplikar, Wilk. Present but not voting: Phil Kline. Absent or not voting: None. The bill passed. HB 2307, An act concerning big game permits; relating to nonresident permits; amending K.S.A. 1996 Supp. 32-937 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 80; Nays 43; Present but not voting 1; Absent or not voting 0. Yeas: Alldritt, Allen, Aurand, Ballard, Beggs, Boston, Bradley, Burroughs, Carmody, Cox, Crow, Donovan, Empson, Farmer, Findley, Flaharty, Flora, Flower, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Krehbiel, Lane, Lloyd, P. Long, Mason, McClure, McCreary, McKinney, Minor, Myers, Neufeld, Nichols, O'Connor, O'Neal, Palmer, Pauls, J. Peterson, Powell, Ray, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Showalter, Shriver, Shultz, Sloan, Spangler, Storm, Tanner, Thimesch, Tomlinson, Toplikar, Vining, Wagle, Weber, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Adkins, Ballou, Benlon, Campbell, Compton, Correll, Dahl, Dean, Dillon, Dreher, Edmonds, Faber, Feuerborn, Franklin, Garner, Grant, Haley, Howell, Phill Kline, Kuether, Landwehr, Larkin, J. Long, Mayans, Mays, McKechnie, Mollenkamp, Morrison, Packer, E. Peterson, Phelps, Pottorff, Powers, Presta, Reardon, Shallenburger, Sharp, Shore, Stone, Swenson, Toelkes, Vickrey, Weiland. Present but not voting: Phil Kline. Absent or not voting: None. The bill passed, as amended. HB 2315, An act concerning campaign finance; relating to certain reports; relating to contributions; amending K.S.A. 25-4148 and 25-4172 and K.S.A. 1996 Supp. 25-4157a and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 112; Nays 12; Present but not voting 0; Absent or not voting 0. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dean, Dillon, Donovan, Dreher, Edmonds, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Garner, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Packer, Palmer, Pauls, E. 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, Vining, Wagle, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Aurand, Boston, Feuerborn, Freeborn, Geringer, Jennison, Kejr, Minor, J. Peterson, Vickrey, Weber, Wempe. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2361, An act concerning nongame, threatened and endangered species; relating to listing of and recovery plans for such species; allowing tax credits for certain taxes and assessments; amending K.S.A. 32-957, 32-960 and 32-962 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 32-963a, was considered on final action. On roll call, the vote was: Yeas 109; Nays 15; 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, Dillon, Donovan, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, 290 JOURNAL OF THE HOUSE Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk, Klein, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, McClure, McCreary, McKechnie, McKinney, Minor, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk. Nays: Dean, Edmonds, Howell, Jennison, Phil Kline, Phill Kline, Mays, Mollenkamp, Packer, Pottorff, Powers, Shallenburger, Swenson, Vickrey, Wilson. Present but not voting: None. Absent or not voting: None. The bill passed, as amended. HB 2403, An act concerning fiscal notes for legislative bills; amending K.S.A. 1996 Supp. 75-3715a and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 121; Nays 3; 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, Mollenkamp, Morrison, Myers, Neufeld, 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, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Minor, Nichols, Spangler. Present but not voting: None. Absent or not voting: None. The bill passed. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. McKechnie in the chair. COMMITTEE OF THE WHOLE On motion of Rep. McKechnie, Committee of the Whole report, as follows, was adopted: Recommended that HB 2219, 2329, 2203, 2444, 2011, 2150 be passed. HCR 5015 be adopted. Sub. HB 2140; HB 2082, 2294, 2127, 2273 be passed over and each retains its place on the calendar (see Committee of the Whole, Afternoon Session). HB 2120 be passed over and retain a place on the calendar. Committee report to HB 2250 be adopted and the bill be passed as amended. Committee report to HB 2280 be adopted and the bill be passed as amended. On motion of Rep. Vickrey HB 2313 be amended on page 1, after line 12, by inserting the following; ``Section 1. 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 February 26, 1997 291 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. (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. 292 JOURNAL OF THE HOUSE (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) 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 February 26, 1997 293 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) (1) The Kansas parole board shall hold a parole hearing during the month prior to the month an inmate will be eligible for parole under subsections (a), (b) and (c). (2) 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. (3) In the case of any inmate convicted of a class A felony or an attempt, as defined in K.S.A. 21-3301, and amendments thereto, to commit capital murder, as defined in K.S.A. 21-3439, and amendments thereto; murder in the first degree, as defined in K.S.A. 21-3401, and amendments thereto; murder in the second degree, as defined in subsection (a) of K.S.A. 21-3402, and amendments thereto; any crime committed prior to July 1, 1993, which if committed after such date would constitute a severity level 1, 2, 3 or 4 felony on the sentencing guidelines grid for nondrug crimes; or any crime committed prior to July 1, 1993, which if committed after such date would constitute a severity level 5 felony on the sentencing guidelines grid for nondrug crimes if the department of corrections has reviewed such crime and determined the sentence is not eligible for conversion, 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 convicted of ~~a class A felony~~ an offense listed in this paragraph, 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. (4) 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. (5) 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). (6) 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)~~ (i) 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)~~ (ii) 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 294 JOURNAL OF THE HOUSE 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 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 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) 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) 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) Whenever the Kansas parole board orders the parole of an inmate or establishes conditions for an inmate placed on postrelease supervision, the board: February 26, 1997 295 (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) 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) 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) 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) 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) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725 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 to a person, preventing the destruction of property or taking actions which result in a financial savings to the state.''; And by renumbering remaining sections accordingly; On page 3, in line 24, following ``Supp.'' by inserting ``22-3717 and''; also in line 24, by striking ``is'' and inserting ``are''; In the title, in line 9, after ``Supp.'' by inserting ``22-3717 and''; in line 10, by striking ``section'' and inserting ``sections''; and HB 2313 be passed as amended. Committee report to HB 2093 be adopted and the bill be passed as amended. Committee report to HB 2223 be adopted and the bill be passed as amended. Committee report to HB 2188 be adopted and the bill be passed as amended. On motion of Rep. Neufeld HB 2185 be amended on page 1, in line 33, by inserting before the period the following: ``, except that an administrator may be directly responsible for planning, organizing, directing and controlling the operation of two adult care homes so long as the total licensed beds of such homes do not exceed 100 and the homes are within a 60 mile radius of each other''; 296 JOURNAL OF THE HOUSE Also, on further motion of Rep. Neufeld HB 2185 be amended on page 1, in line 19, by striking ``, as-''; in line 20, by striking all before ``and''; On page 3, after line 1, by inserting the following: ``Sec. 3. K.S.A. 1996 Supp. 39-923 is hereby amended to read as follows: 39-923. (a) As used in this act: (1) ``Adult care home'' means any nursing facility, nursing facility for mental health, intermediate care facility for the mentally retarded, assisted living facility, residential health care facility, home plus, boarding care home and adult day care facility, all of which classifications of adult care homes are required to be licensed by the secretary of health and environment. (2) ``Nursing facility'' means any place or facility operating 24 hours a day, seven days a week, caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care to compensate for activities of daily living limitations. (3) ``Nursing facility for mental health'' means any place or facility operating 24 hours a day, seven days a week caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care and special mental health services to compensate for activities of daily living limitations. (4) ``Intermediate care facility for the mentally retarded'' means any place or facility operating 24 hours a day, seven days a week caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments caused by mental retardation or related conditions need services to compensate for activities of daily living limitations. (5) ``Assisted living facility'' means any place or facility caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours a day, seven days a week for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited by this act. Generally, the skilled services provided in an assisted living facility shall be provided on an intermittent or limited term basis, or if limited in scope, a regular basis. (6) ``Residential health care facility'' means any place or facility caring for six or more individuals not related within the third degree or relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes individual living units and provides or coordinates personal care or supervised nursing care available on a 24-hour, seven-day-a-week basis for the support of resident independence. The provision of skilled nursing procedures to a resident in a residential health care facility is not prohibited by this act. Generally, the skilled services provided in a residential health care facility shall be provided on an intermittent or limited term basis, or if limited in scope, a regular basis. (7) ``Home plus'' means any residence or facility caring for not more than five individuals not related within the third degree of relationship to the operator or owner by blood or marriage unless the resident in need of care is approved for placement by the secretary of the department of social and rehabilitation services, and who, due to functional impairment, needs personal care and may need supervised nursing care to compensate for activities of daily living limitations. The level of care provided residents shall be determined by preparation of the operator and rules and regulations developed by the department of health and environment. (8) ``Boarding care home'' means any place or facility operating 24 hours a day, seven days a week, caring for not more than 10 individuals not related within the third degree of relationship to the operator or owner by blood or marriage and who, due to functional February 26, 1997 297 impairment, need supervision of activities of daily living but who are ambulatory and essentially capable of managing their own care and affairs. (9) ``Adult day care'' means any place or facility operating less than 24 hours a day caring for individuals not related within the third degree of relationship to the operator or owner by blood or marriage and who, due to functional impairment need supervision of or assistance with activities of daily living. (10) ``Place or facility'' means a building or any one or more complete floors of a building, or any one or more complete wings of a building, or any one or more complete wings and one or more complete floors of a building, and the term ``place or facility'' may include multiple buildings. (11) ``Skilled nursing care'' means services performed by or under the immediate supervision of a registered professional nurse and additional licensed nursing personnel. Skilled nursing includes administration of medications and treatments as prescribed by a licensed physician or dentist; and other nursing functions which require substantial nursing judgment and skill based on the knowledge and application of scientific principles. (12) ``Supervised nursing care'' means services provided by or under the guidance of a licensed nurse with initial direction for nursing procedures and periodic inspection of the actual act of accomplishing the procedures; administration of medications and treatments as prescribed by a licensed physician or dentist and assistance of residents with the performance of activities of daily living. (13) ``Resident'' means all individuals kept, cared for, treated, boarded or otherwise accommodated in any adult care home. (14) ``Person'' means any individual, firm, partnership, corporation, company, association or joint-stock association, and the legal successor thereof. (15) ``Operate an adult care home'' means to own, lease, establish, maintain, conduct the affairs of or manage an adult care home, except that for the purposes of this definition the word ``own'' and the word ``lease'' shall not include hospital districts, cities and counties which hold title to an adult care home purchased or constructed through the sale of bonds. (16) ``Licensing agency'' means the secretary of health and environment. (17) ``Skilled nursing home'' means a nursing facility. (18) ``Intermediate nursing care home'' means a nursing facility. (19) ``Apartment'' means a private unit which includes, but is not limited to, a toilet room with bathing facilities, a kitchen, sleeping, living and storage area and a lockable door. (20) ``Individual living unit'' means a private unit which includes, but is not limited to, a toilet room with bathing facilities, sleeping, living and storage area and a lockable door. (21) ``Operator'' means an individual who operates an assisted living facility or, a residential health care facility with fewer than 61 residents, a home plus or adult day care facility and has completed a course approved by the secretary of health and environment on principles of assisted living and has successfully passed an examination approved by the licensing agency on principles of assisted living and such other requirements as may be established by the licensing agency by rules and regulations. (22) ``Activities of daily living'' means those personal, functional activities required by an individual for continued well-being, including but not limited to eating, nutrition, dressing, personal hygiene, mobility, toileting. (23) ``Personal care'' means care provided by staff to assist an individual with, or to perform activities of daily living. (24) ``Functional impairment'' means an individual has experienced a decline in physical, mental and psychosocial well-being and as a result, is unable to compensate for the effects of the decline. (25) ``Kitchen'' means a food preparation area that includes a sink, refrigerator and a microwave oven or stove. (26) The term ``intermediate personal care home'' for purposes of those individuals applying for or receiving veterans' benefits means residential health care facility. (b) The term ``adult care home'' shall not include institutions operated by federal or state governments, except institutions operated by the Kansas commission on veterans affairs, hospitals or institutions for the treatment and care of psychiatric patients, child care facilities, maternity centers, hotels, offices of physicians or hospices which are certified to 298 JOURNAL OF THE HOUSE participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq. and amendments thereto and which provide services only to hospice patients. (c) Facilities licensed under K.S.A. 39-1501 et seq. and amendments thereto or K.S.A. 75-3307b and amendments thereto or K.S.A. 39-923 as an intermediate personal care home or with license applications on file with the licensing agency as intermediate personal care homes on or before January 1, 1995, shall have the option of becoming licensed as either an assisted living facility or a residential health care facility without being required to add kitchens or private baths. (d) Nursing facilities in existence on the effective date of this act changing licensure categories to become residential health care facilities shall be required to provide private bathing facilities in a minimum of 20% of the individual living units. (e) Nursing facilities with less than 60 beds converting a portion of the facility to residential health care shall have the option of licensing to care for less than six individuals within a contiguous portion of the facility. ~~(e)~~ (f) Facilities licensed under the adult care home licensure act on the day immediately preceding the effective date of this act shall continue to be licensed facilities until the annual renewal date of such license and may renew such license in the appropriate licensure category under the adult care home licensure act subject to the payment of fees and other conditions and limitations of such act. ~~(f)~~ (g) The licensing agency may by rule and regulation change the name of the different classes of homes when necessary to avoid confusion in terminology and the agency may further amend, substitute, change and in a manner consistent with the definitions established in this section, further define and identify the specific acts and services which shall fall within the respective categories of facilities so long as the above categories for adult care homes are used as guidelines to define and identify the specific acts.''; And by renumbering sections accordingly; Also on page 3, in line 2, after ``Supp.'' by inserting ``39-923,''; On page 1, in the title, in line 10, by striking ``continuing education sponsors''; also in line 10, by inserting before ``amending'' the following: ``nursing facilities;''; in line 11, after ``Supp.'' by inserting ``39-923,''; and HB 2185 be passed as amended. Committee report to HB 2230 be adopted and the bill be passed as amended. On motion of Rep. P. Long HB 2217 be amended on page 2, after line 24, by inserting the following: ``Sec. 2. K.S.A. 1996 Supp. 65-1904 is hereby amended to read as follows: 65-1904. (a) Unless revoked for cause, all licenses of cosmetologists, cosmetology technicians, electrologists and manicurists issued or renewed by the board shall expire on the expiration dates established by rules and regulations adopted by the board under this section. Subject to the other provisions of this subsection, each such license, other than the three-year senior cosmetologist license, shall be renewable on a biennial basis upon the filing of a renewal application prior to the expiration of the license, payment of the renewal fee established under this section and, except for an apprentice license and the senior cosmetologist license, for licenses renewed on and after July 1, 1996, furnishing evidence satisfactory to the board of the completion of a minimum of 20 five clock hours ~~biennially~~ annually of continuing education approved by the board in the license category in which the licensee holds a license or if the licensee holds a license in more than one category, in the category specified by rules and regulations of the board for licensees holding more than one license. In order to provide for the establishment of a system of biennial renewal of licenses issued by the board, the board may provide by rules and regulations that licenses issued or renewed may expire less than two years from the date of issuance or renewal. In each case in which a license is issued or renewed for a period of time of less than two years, the board shall prorate to the nearest whole month the license or renewal fee established under this section. (b) Any cosmetologist's, cosmetology technician's, esthetician's, electrologist's or manicurist's license may be renewed by the applicant within 90 days after the date of expiration of the applicant's last license upon submission of proof, satisfactory to the board, of the applicant's qualifications to renew practice as a cosmetologist, cosmetology technician, electrologist or manicurist, including the completion of any applicable continuing education requirements and payment of the applicable renewal fee and delinquent fee prescribed February 26, 1997 299 pursuant to this section. Any applicant whose license as a cosmetologist, cosmetology technician, electrologist or manicurist has expired for more than one year prior to application for renewal may obtain a license in the same manner and on payment of the same fees as provided for an applicant for an original license on and after July 1, 1996, and upon proof that such applicant has satisfactorily completed a program of continuing education required by the board for applicants whose licenses have expired. (c) At the time of application for license renewal, a cosmetologist licensed in this state may apply to the board and qualify for a three-year senior cosmetologist license by: (1) Paying the fee required by this section; (2) showing evidence satisfactory to the board of having been actually employed in a licensed salon or licensed school for not less than 120 days during the preceding three years; (3) on and after July 1, 1996, furnishing evidence satisfactory to the board of the completion of a minimum of 30 15 clock hours triennially of continuing education approved by the board; and (4) furnishing evidence satisfactory to the board of attendance of 40 clock hours of courses of instruction in cosmetology approved by the board. (d) Any applicant for a license other than a renewal license shall make a verified application to the board on such forms as the board may require and, upon payment of the examination fee shall be examined by the board or their appointees and shall be issued a license, if found to be duly qualified to practice the profession of cosmetologist, esthetician, electrologist or manicurist. (e) (1) Except as otherwise provided in this section, the board shall require every licensee in the active practice of cosmetology within the state to submit evidence of satisfactory completion of a program of continuing education required under this section. Such evidence shall be made in writing in a form required by the board. The board shall require every licensee in the active practice of cosmetology within the state to remit a continuing education fee to the board ~~or its designee~~ in an amount fixed by the board. The board shall adopt rules and regulations establishing the program of continuing education in accordance with this section as soon as possible after the effective date of this act. In establishing such requirements the board shall consider any existing programs of continuing education currently being offered to licensees of the board. (2) To qualify as an approved provider of continuing education offerings, persons, organizations or institutions proposing to provide such continuing education offerings shall apply to the board for approval and submit evidence that the applicant is prepared to meet the standards and requirements established by the rules and regulations of the board for such continuing education offerings. Initial applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board. Qualification as an approved provider of continuing education offerings shall expire five years after the granting of such approval by the board. An approved provider of continuing education offerings shall submit annually to the board the continuing education program approval fee established by rules and regulations, along with an annual report of its educational programs for the previous fiscal year. Applications for renewal as an approved provider of continuing education offerings and annual reports shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board. (3) The board shall establish an inactive license category and may waive the continuing education requirements for the renewal of a license and place a licensee on inactive status if a licensee is not engaged in or has retired from practice or has become temporarily or permanently disabled and the licensee files with the board a certificate stating either of the following: (A) A retiring licensee certifies to the board that the licensee: (i) Has retired from the active practice of cosmetology service; or (ii) is not engaged in the provision of any cosmetology service as defined by the statutes of the state of Kansas; or (B) a disabled licensee certifies to the board that such licensee is no longer engaged in the provision of any cosmetology service as defined by the statutes of the state of Kansas by reason of any physical disability, whether permanent or temporary, and shall describe 300 JOURNAL OF THE HOUSE the nature of such disability. The waiver of continuing education under this subsection shall continue so long as the retirement or physical disability exists. Prior to returning to active practice for which a person holds an inactive license, such person shall complete 20 clock hours of continuing education approved by the board in the license category in which the licensee holds a license or if the licensee holds a license in more than one category, in the category specified by rules and regulations of the board for licensees holding more than one license. The board shall establish by rules and regulations a procedure to activate an inactive license. (f) The board is hereby authorized to adopt rules and regulations fixing the amount of fees for the following items and to charge and collect the amounts so fixed, subject to the following limitations:

Active cosmetologist license or renewal, for two years--not more than $60

Inactive cosmetologist license or renewal, for two years--not more than 30

Delinquent cosmetologist license 4

Cosmetology technician renewal, for two years--not more than 30

Electrologist license or renewal, for two years--not more than 30

Delinquent electrologist license4 Senior cosmetologist license or renewal, for three years--not more than 45

Manicurist license renewal or renewal, for two years--not more than 24

Delinquent manicurist license 4

Esthetician license or renewal, for two years--not more than 30

Delinquent esthetician license 4

Any apprentice license--not more than 12

Additional training license--not more than 12

New school license 100

School license renewal--not more than 50

Delinquent school license--not more than 10

New salon or electrology clinic license--not more than 30

Salon or electrology clinic license renewal--not more than 20

Delinquent salon or electrology clinic license 6

Transfer of salon or electrology clinic license--not more than 15

Cosmetologist's examination--not more than 25

Cosmetology technician's examination--not more than 25

Electrologist's examination--not more than 25

Manicurist's examination--not more than 25

Esthetician examination--not more than 25

Instructor's examination--not more than 50

Out-of-state examinations--not more than 35

Out-of-state affidavits 2

Any duplicate license 2

Instructor's license or renewal, for two years--not more than 50

Delinquent instructor's license--not more than 50

Cosmetologist continuing education registration fee 40

Continuing education program application fee 100

Continuing education program approval fee 100

(g) Whenever the board determines that the total amount of revenue derived from the fees collected pursuant to this section is insufficient to carry out the purposes for which the fees are collected, the board may amend its rules and regulations to increase the amount of the fee, except that the amount of the fee for any item shall not exceed the maximum amount authorized by this subsection. Whenever the amount of fees collected pursuant to this section provides revenue in excess of the amount necessary to carry out the purposes for which such fees are collected, it shall be the duty of the board to decrease the amount of the fee for one or more of the items listed in this subsection by amending the rules and regulations which fix the fees. February 26, 1997 301 (h) Any person who failed to obtain a renewal license while in the armed forces of the United States shall be entitled to a renewal license upon filing application and paying the renewal fee for the current year during which the person has been discharged on and after July 1, 1996, and upon proof that such applicant has satisfactorily completed a program of continuing education required by the board for applicants under this subsection.''; And by renumbering sections accordingly; Also on page 2, in line 25, by striking ``is'' and inserting ``and 65-1904 are''; On page 1, in the title, in line 9, by striking all after ``concerning''; in line 10, by striking ``practice'' and inserting: ``renewal requirements for certain persons holding permits and licenses; peer review; continuing education requirements; certified public accountants; cosmetology board licensees''; also in line 10, after ``1-310'' by inserting ``and 65-1904''; in line 11, by striking ``section'' and inserting ``sections''; and HB 2217 be passed as amended. Committee report to HB 2121 be adopted and the bill be passed as amended. Committee report to HB 2211 be adopted and the bill be passed as amended. Committee report to HB 2110 be adopted and the bill be passed as amended. Committee report to HB 2205 be adopted; also, on motion of Rep. Spangler to amend the bill, Rep. Mays requested a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment not germane. Rep. Spangler challenged the ruling, the question being ``Shall the Rules Chair be sustained?'' The Rules Chair was sustained. Also, on motion of Rep. Spangler to refer HB 2205 to Committee on Judiciary, the motion did not prevail. Also, on motion to recommend the bill favorably for passage, the motion did not prevail. Roll call was demanded on motion of Rep. Ruff to amend HB 2169 on page 1, in line 21, by striking ``repeal'' and inserting ``amendment by this act''; in line 22, by striking all after ``reflect''; in line 23, by striking all before the period and inserting ``such amendment''; in line 27, by striking ``K.S.A. 21-4638'' and inserting ``section 9''; in line 30, by striking ``repeal'' and inserting ``amendment by this act''; in line 32, by striking ``K.S.A. 21-4638'' and inserting ``section 9''; On page 2, in line 5, before ``21-4630'' by inserting ``21-4622 through 21-4627, 21-4629 and''; also in line 5, after ``21-4630'' by inserting ``and section 9''; after line 13, by inserting: ``(c) The provisions of K.S.A. 21-4622 through 21-4627, 21-4629 and 21-4630 as amended by this act, shall be applicable to all persons charged or convicted of aggravated murder in the first degree.''; Also on page 2, in line 17, before ``murder'' by inserting ``aggravated murder in the first degree and a sentence is not imposed pursuant to section 9, or if a defendant is convicted of the crime of''; On page 3, in line 8, after the stricken period, by inserting ``Unless otherwise ordered by the court for good cause shown, the provisions of this section shall not apply if it has been determined, pursuant to K.S.A. 21-4623, and amendments thereto, that the defendant is not mentally retarded.''; in line 9, before ``As'' by inserting ``(f)''; in line 17, before ``murder'' by inserting ``aggravated murder in the first degree and sentence is not imposed pursuant to section 9, or if a defendant is convicted of the crime of''; On page 4, in line 7, after the stricken period, by inserting: ``The court may make the findings required by this subsection for the purpose of determining whether to sentence a defendant pursuant to K.S.A. 21-4638 and amendments thereto notwithstanding contrary findings made by the jury or court pursuant to subsection (e) of K.S.A. 21-4624 and amendments thereto for the purpose of determining whether to sentence such defendant pursuant to section 9.''; in line 15, before the first ``and'' by inserting ``21-3439''; in line 37, after ``21-4638'' by inserting ``and section 9,''; in line 39, before ``murder'' by inserting ``aggravated murder in the first degree, or an inmate sentenced for the crime of''; On page 12, after line 12, by inserting: ``New Sec. 9. When it is provided by law that a person shall be sentenced pursuant to this section, such person shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. In addition, a person sentenced pursuant to this section shall not be eligible for parole and the term of imprisonment shall not be reduced by the application of good time credits. Upon sentencing a defendant pursuant to this section, the court shall commit the defendant to the custody 302 JOURNAL OF THE HOUSE of the secretary of corrections and the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced pursuant to section 9. Sec. 10. K.S.A. 21-3439 is hereby amended to read as follows: 21-3439. (a) ~~Capital murder~~ Aggravated murder in the first degree is the: (1) Intentional and premeditated killing of any person in the commission of kidnapping, as defined in K.S.A. 21-3420 and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto, when the kidnapping or aggravated kidnapping was committed with the intent to hold such person for ransom; (2) intentional and premeditated killing of any person pursuant to a contract or agreement to kill such person or being a party to the contract or agreement pursuant to which such person is killed; (3) intentional and premeditated killing of any person by an inmate or prisoner confined in a state correctional institution, community correctional institution or jail or while in the custody of an officer or employee of a state correctional institution, community correctional institution or jail; (4) intentional and premeditated killing of the victim of one of the following crimes in the commission of, or subsequent to, such crime: Rape, as defined in K.S.A. 21-3502 and amendments thereto, criminal sodomy, as defined in subsections (a)(2) or (a)(3) of K.S.A. 21-3505 and amendments thereto or aggravated criminal sodomy, as defined in K.S.A. 213506 and amendments thereto, or any attempt thereof, as defined in K.S.A. 21-3301 and amendments thereto; (5) intentional and premeditated killing of a law enforcement officer, as defined in K.S.A. 21-3110 and amendments thereto; (6) intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct; or (7) intentional and premeditated killing of a child under the age of 14 in the commission of kidnapping, as defined in K.S.A. 21-3420 and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto, when the kidnapping or aggravated kidnapping was committed with intent to commit a sex offense upon or with the child or with intent that the child commit or submit to a sex offense. (b) For purposes of this section, ``sex offense'' means rape, as defined in K.S.A. 21-3502 and amendments thereto, aggravated indecent liberties with a child, as defined in K.S.A. 21-3504 and amendments thereto, aggravated criminal sodomy, as defined in K.S.A. 213506 and amendments thereto, prostitution, as defined in K.S.A. 21-3512 and amendments thereto, promoting prostitution, as defined in K.S.A. 21-3513 and amendments thereto or sexual exploitation of a child, as defined in K.S.A. 21-3516 and amendments thereto. (c) ~~Capital murder~~ Aggravated murder in the first degree is an off-grid person felony. (d) This section shall be part of and supplemental to the Kansas criminal code. Sec. 11. K.S.A. 21-4622 is hereby amended to read as follows: 21-4622. Upon conviction of a defendant of ~~capital murder~~ aggravated murder in the first degree and a finding that the defendant was less than 18 years of age at the time of the commission thereof, the court shall sentence the defendant as otherwise provided by law, and no sentence ~~of death~~ shall be imposed ~~hereunder~~ pursuant to section 9. Sec. 12. K.S.A. 21-4623 is hereby amended to read as follows: 21-4623. (a) If, under K.S.A. 21-4624 and amendments thereto, the county or district attorney has filed a notice of intent to request a separate sentencing proceeding to determine whether the defendant should be sentenced ~~to death~~ pursuant to section 9 and the defendant is convicted of the crime of ~~capital murder~~ aggravated murder in the first degree, the defendant's counsel or the warden of the correctional institution or sheriff having custody of the defendant may request a determination by the court of whether the defendant is mentally retarded. If the court determines that there is not sufficient reason to believe that the defendant is mentally retarded, the court shall so find and the defendant shall be sentenced in accordance with K.S.A. 21-4624 through 21-4627, 21-4629 and 21-4631 and amendments thereto. If the court determines that there is sufficient reason to believe that the defendant is mentally February 26, 1997 303 retarded, the court shall conduct a hearing to determine whether the defendant is mentally retarded. (b) At the hearing, the court shall determine whether the defendant is mentally retarded. The court shall order a psychiatric or psychological examination of the defendant. For that purpose, the court shall appoint two licensed physicians or licensed psychologists, or one of each, qualified by training and practice to make such examination, to examine the defendant and report their findings in writing to the judge within 10 days after the order of examination is issued. The defendant shall have the right to present evidence and crossexamine any witnesses at the hearing. No statement made by the defendant in the course of any examination provided for by this section, whether or not the defendant consents to the examination, shall be admitted in evidence against the defendant in any criminal proceeding. (c) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is not mentally retarded, the defendant shall be sentenced in accordance with K.S.A. 21-4624 through 21-4627, 21-4629 and 21-4631 and amendments thereto. (d) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is mentally retarded, the court shall sentence the defendant as otherwise provided by law, and no sentence ~~of death~~ shall be imposed ~~hereunder~~ pursuant to section 9. (e) As used in this section, ``mentally retarded'' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law. Sec. 13. K.S.A. 21-4624 is hereby amended to read as follows: 21-4624. (a) If a defendant is charged with ~~capital murder~~ aggravated murder in the first degree, the county or district attorney shall file written notice if such attorney intends, upon conviction of the defendant, to request a separate sentencing proceeding to determine whether the defendant should be sentenced ~~to death~~ pursuant to section 9. Such notice shall be filed with the court and served on the defendant or the defendant's attorney not later than five days after the time of arraignment. If such notice is not filed and served as required by this subsection, the county or district attorney may not request such a sentencing proceeding and the defendant, if convicted of ~~capital murder~~ aggravated murder in the first degree, shall be sentenced as otherwise provided by law, and no sentence ~~of death~~ shall be imposed ~~hereunder~~ pursuant to section 9. (b) Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto, upon conviction of a defendant of ~~capital murder~~ aggravated murder in the first degree, the court, upon motion of the county or district attorney, shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced ~~to death~~ pursuant to section 9. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If any person who served on the trial jury is unable to serve on the jury for the sentencing proceeding, the court shall substitute an alternate juror who has been impaneled for the trial jury. If there are insufficient alternate jurors to replace trial jurors who are unable to serve at the sentencing proceeding, the trial judge may summon a special jury of 12 persons which shall determine the question of whether a sentence ~~of death~~ shall be imposed pursuant to section 9. Jury selection procedures, qualifications of jurors and grounds for exemption or challenge of prospective jurors in criminal trials shall be applicable to the selection of such special jury. The jury at the sentencing proceeding may be waived in the manner provided by K.S.A. 22-3403 and amendments thereto for waiver of a trial jury. If the jury at the sentencing proceeding has been waived or the trial jury has been waived, the sentencing proceeding shall be conducted by the court. (c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto and any mitigating circumstances. Any such evidence which the court deems to have probative value may be received regardless of its admissibility under the rules of evidence, provided that the defendant is accorded a fair opportunity to rebut any hearsay statements. Only such evidence of aggravating circumstances as the state has made known to the 304 JOURNAL OF THE HOUSE defendant prior to the sentencing proceeding shall be admissible, and no evidence secured in violation of the constitution of the United States or of the state of Kansas shall be admissible. No testimony by the defendant at the sentencing proceeding shall be admissible against the defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary presentation, the court shall allow the parties a reasonable period of time in which to present oral argument. (d) At the conclusion of the evidentiary portion of the sentencing proceeding, the court shall provide oral and written instructions to the jury to guide its deliberations. (e) If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced ~~to death~~ pursuant to section 9; otherwise, the defendant shall be sentenced as provided by law. The jury, if its verdict is a unanimous recommendation of a sentence ~~of death~~ pursuant to section 9, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstances which it found beyond a reasonable doubt. If, after a reasonable time for deliberation, the jury is unable to reach a verdict, the judge shall dismiss the jury and impose a sentence of imprisonment as otherwise provided by law and shall commit the defendant to the custody of the secretary of corrections. In nonjury cases, the court shall follow the requirements of this subsection in determining the sentence to be imposed. (f) Notwithstanding the verdict of the jury, the trial court shall review any jury verdict imposing a sentence ~~of death hereunder~~ pursuant to section 9 to ascertain whether the imposition of such sentence is supported by the evidence. If the court determines that the imposition of such a sentence is not supported by the evidence, the court shall modify the sentence and sentence the defendant as otherwise provided by law, and no sentence ~~of death~~ shall be imposed ~~hereunder~~ pursuant to section 9. Whenever the court enters a judgment modifying the sentencing verdict of the jury, the court shall set forth its reasons for so doing in a written memorandum which shall become part of the record. Sec. 14. K.S.A. 21-4627 is hereby amended to read as follows: 21-4627. (a) A judgment of conviction resulting in a sentence ~~of death~~ pursuant to section 9 shall be subject to automatic review by and appeal to the supreme court of Kansas in the manner provided by the applicable statutes and rules of the supreme court governing appellate procedure. The review and appeal shall be expedited in every manner consistent with the proper presentation thereof and given priority pursuant to the statutes and rules of the supreme court governing appellate procedure. (b) The supreme court of Kansas shall consider the question of sentence as well as any errors asserted in the review and appeal and shall be authorized to notice unassigned errors appearing of record if the ends of justice would be served thereby. (c) With regard to the sentence, the court shall determine: (1) Whether the sentence ~~of death~~ was imposed under the influence of passion, prejudice or any other arbitrary factor; and (2) whether the evidence supports the findings that an aggravating circumstance or circumstances existed and that any mitigating circumstances were insufficient to outweigh the aggravating circumstances. (d) The court shall be authorized to enter such orders as are necessary to effect a proper and complete disposition of the review and appeal. Sec. 15. K.S.A. 21-4629 is hereby amended to read as follows: 21-4629. In the event a sentence ~~of death~~ pursuant to section 9 or any provision of this act authorizing such sentence is held to be unconstitutional by the supreme court of Kansas or the United States supreme court, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall modify the sentence and resentence the defendant as otherwise provided by law. New Sec. 16. At the time of sentencing a person convicted of the crime of aggravated murder in the first degree, the court may order the person to pay restitution to the estate of any victim.``; Also on page 12, in lines 13 and 14, by striking ``21-4625, 21-4626,''; By renumbering the remaining sections accordingly; February 26, 1997 305 In the title, before ``amending'' by inserting ``providing in lieu thereof a sentence of life imprisonment without parole;''; also in line 12, after ``K.S.A.'' by inserting ``21-3439, 214622, 21-4623, 21-4624, 21-4627, 21-4629,''; in line 14, by striking all after ``K.S.A.''; in line 15, by striking all before ``22-3704''; On roll call, the vote was: Yeas 45; Nays 77; Present but not voting 0; Absent or not voting 2. Yeas: Alldritt, Ballard, Carmody, Correll, Crow, Dillon, Farmer, Flaharty, Flora, Franklin, Garner, Gilbert, Haley, Helgerson, Henderson, Henry, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, J. Long, McClure, McKechnie, McKinney, Nichols, E. Peterson, Phelps, Presta, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Thimesch, Weiland, Wells, Welshimer, Wempe. Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Burroughs, Compton, Cox, Dahl, Dean, Donovan, Dreher, Edmonds, Empson, Faber, Feuerborn, Findley, Flower, Freeborn, Geringer, Gilmore, Glasscock, Grant, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Landwehr, Lane, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Packer, Palmer, Pauls, J. Peterson, Pottorff, Powell, Powers, Ray, Schwartz, Shallenburger, Shore, Shultz, Sloan, Stone, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk, Wilson. Present but not voting: None. Absent or not voting: Bradley, Campbell. The motion of Rep. Ruff did not prevail. Also, on motion of Rep. Dean to amend HB 2169, the motion was withdrawn. Also, roll call was demanded on further motion of Rep. Dean to amend on page 1, in line 20, by striking ``(a)''; by striking all in lines 24 through 43; By striking all of pages 2 through 11; On page 12, by striking all in lines 1 through 12 and inserting in lieu thereof the following: ``Sec. 2. K.S.A. 21-4622 is hereby amended to read as follows: 21-4622. Upon conviction of a defendant of ~~capital~~ murder in the first degree, pursuant to subsection (a) of K.S.A. 213401, and amendments thereto, and a finding that the defendant was less than 18 years of age at the time of the commission thereof, the court shall sentence the defendant as otherwise provided by law, and no sentence of death shall be imposed hereunder. Sec. 3. K.S.A. 21-4623 is hereby amended to read as follows: 21-4623. (a) If, under K.S.A. 21-4624 and amendments thereto, the county or district attorney has filed a notice of intent to request a separate sentencing proceeding to determine whether the defendant should be sentenced to death and the defendant is convicted of the crime of ~~capital~~ murder in the first degree, pursuant to subsection (a) of K.S.A. 21-3401, and amendments thereto, the defendant's counsel or the warden of the correctional institution or sheriff having custody of the defendant may request a determination by the court of whether the defendant is mentally retarded. If the court determines that there is not sufficient reason to believe that the defendant is mentally retarded, the court shall so find and the defendant shall be sentenced in accordance with K.S.A. 21-4624 through 21-4627, 21-4629 and 21-4631 and amendments thereto. If the court determines that there is sufficient reason to believe that the defendant is mentally retarded, the court shall conduct a hearing to determine whether the defendant is mentally retarded. (b) At the hearing, the court shall determine whether the defendant is mentally retarded. The court shall order a psychiatric or psychological examination of the defendant. For that purpose, the court shall appoint two licensed physicians or licensed psychologists, or one of each, qualified by training and practice to make such examination, to examine the defendant and report their findings in writing to the judge within 10 days after the order of examination is issued. The defendant shall have the right to present evidence and crossexamine any witnesses at the hearing. No statement made by the defendant in the course of any examination provided for by this section, whether or not the defendant consents to the examination, shall be admitted in evidence against the defendant in any criminal proceeding. 306 JOURNAL OF THE HOUSE (c) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is not mentally retarded, the defendant shall be sentenced in accordance with K.S.A. 21-4624 through 21-4627, 21-4629 and 21-4631 and amendments thereto. (d) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is mentally retarded, the court shall sentence the defendant as otherwise provided by law, and no sentence of death shall be imposed hereunder. (e) As used in this section, ``mentally retarded'' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law. Sec. 4. K.S.A. 21-4624 is hereby amended to read as follows: 21-4624. (a) If a defendant is charged with ~~capital~~ murder in the first degree, pursuant to subsection (a) of K.S.A. 213401, and amendments thereto, the county or district attorney shall file written notice if such attorney intends, upon conviction of the defendant, to request a separate sentencing proceeding to determine whether the defendant should be sentenced to death. Such notice shall be filed with the court and served on the defendant or the defendant's attorney not later than five days after the time of arraignment. If such notice is not filed and served as required by this subsection, the county or district attorney may not request such a sentencing proceeding and the defendant, if convicted of ~~capital~~ murder in the first degree, pursuant to subsection (a) of K.S.A. 21-3401, and amendments thereto, shall be sentenced as otherwise provided by law, and no sentence of death shall be imposed hereunder. (b) Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto, upon conviction of a defendant of ~~capital~~ murder in the first degree, pursuant to subsection (a) of K.S.A. 21-3401, and amendments thereto, the court, upon motion of the county or district attorney, shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to death. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If any person who served on the trial jury is unable to serve on the jury for the sentencing proceeding, the court shall substitute an alternate juror who has been impaneled for the trial jury. If there are insufficient alternate jurors to replace trial jurors who are unable to serve at the sentencing proceeding, the trial judge may summon a special jury of 12 persons which shall determine the question of whether a sentence of death shall be imposed. Jury selection procedures, qualifications of jurors and grounds for exemption or challenge of prospective jurors in criminal trials shall be applicable to the selection of such special jury. The jury at the sentencing proceeding may be waived in the manner provided by K.S.A. 22-3403 and amendments thereto for waiver of a trial jury. If the jury at the sentencing proceeding has been waived or the trial jury has been waived, the sentencing proceeding shall be conducted by the court. (c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto and any mitigating circumstances. Any such evidence which the court deems to have probative value may be received regardless of its admissibility under the rules of evidence, provided that the defendant is accorded a fair opportunity to rebut any hearsay statements. Only such evidence of aggravating circumstances as the state has made known to the defendant prior to the sentencing proceeding shall be admissible, and no evidence secured in violation of the constitution of the United States or of the state of Kansas shall be admissible. No testimony by the defendant at the sentencing proceeding shall be admissible against the defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary presentation, the court shall allow the parties a reasonable period of time in which to present oral argument. (d) At the conclusion of the evidentiary portion of the sentencing proceeding, the court shall provide oral and written instructions to the jury to guide its deliberations. (e) If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced to death; otherwise, the defendant shall be sentenced as provided by law. The jury, if its February 26, 1997 307 verdict is a unanimous recommendation of a sentence of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstances which it found beyond a reasonable doubt. If, after a reasonable time for deliberation, the jury is unable to reach a verdict, the judge shall dismiss the jury and impose a sentence of imprisonment as provided by law and shall commit the defendant to the custody of the secretary of corrections. In nonjury cases, the court shall follow the requirements of this subsection in determining the sentence to be imposed. (f) Notwithstanding the verdict of the jury, the trial court shall review any jury verdict imposing a sentence of death hereunder to ascertain whether the imposition of such sentence is supported by the evidence. If the court determines that the imposition of such a sentence is not supported by the evidence, the court shall modify the sentence and sentence the defendant as otherwise provided by law, and no sentence of death shall be imposed hereunder. Whenever the court enters a judgment modifying the sentencing verdict of the jury, the court shall set forth its reasons for so doing in a written memorandum which shall become part of the record. Sec. 5. K.S.A. 21-4634 is hereby amended to read as follows: 21-4634. (a) If a defendant is convicted of the crime of ~~capital~~ murder in the first degree, pursuant to subsection (a) of K.S.A. 21-3401, and amendments thereto, and a sentence of death is not imposed, ~~or if a defendant is convicted of the crime of murder in the first degree based upon the finding of premeditated murder,~~ the defendant's counsel or the director of the correctional institution or sheriff having custody of the defendant may request a determination by the court of whether the defendant is mentally retarded. If the court determines that there is not sufficient reason to believe that the defendant is mentally retarded, the court shall so find and the defendant shall be sentenced in accordance with K.S.A. 21-4635 through 21-4638. If the court determines that there is sufficient reason to believe that the defendant is mentally retarded, the court shall conduct a hearing to determine whether the defendant is mentally retarded. (b) At the hearing, the court shall determine whether the defendant is mentally retarded. The court shall order a psychiatric or psychological examination of the defendant. For that purpose, the court shall appoint two licensed physicians or licensed psychologists, or one of each, qualified by training and practice to make such examination, to examine the defendant and report their findings in writing to the judge within 10 days after the order of examination is issued. The defendant shall have the right to present evidence and crossexamine any witnesses at the hearing. No statement made by the defendant in the course of any examination provided for by this section, whether or not the defendant consents to the examination, shall be admitted in evidence against the defendant in any criminal proceeding. (c) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is not mentally retarded, the defendant shall be sentenced in accordance with K.S.A. 21-4635 through 21-4638. (d) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is mentally retarded, the court shall sentence the defendant as otherwise provided by law, and no mandatory term of imprisonment shall be imposed hereunder. (e) Unless otherwise ordered by the court for good cause shown, the provisions of this section shall not apply if it has been determined, pursuant to K.S.A. 21-4623 and amendments thereto, that the defendant is not mentally retarded. (f) As used in this section, ``mentally retarded'' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law. Sec. 6. K.S.A. 21-4635 is hereby amended to read as follows: 21-4635. (a) Except as provided in K.S.A. 21-4634, if a defendant is convicted of the crime of ~~capital murder and a sentence of death is not imposed, or if a defendant is convicted of~~ murder in the first degree ~~based upon the finding of premeditated murder~~ pursuant to subsection (a) of K.S.A. 21-3401, and amendments thereto, the court shall determine whether the defendant shall be required to serve a mandatory term of imprisonment of 40 years or sentenced as otherwise provided by law. 308 JOURNAL OF THE HOUSE (b) In order to make such determination, the court may be presented evidence concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 214636 and any mitigating circumstances. Any such evidence which the court deems to have probative value may be received regardless of its admissibility under the rules of evidence, provided that the defendant is accorded a fair opportunity to rebut any hearsay statements. Only such evidence of aggravating circumstances as the state has made known to the defendant prior to the sentencing shall be admissible and no evidence secured in violation of the constitution of the United States or of the state of Kansas shall be admissible. No testimony by the defendant at the time of sentencing shall be admissible against the defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary presentation, the court shall allow the parties a reasonable period of time in which to present oral argument. (c) If the court finds that one or more of the aggravating circumstances enumerated in K.S.A. 21-4636 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced pursuant to K.S.A. 21-4638 and amendments thereto; otherwise, the defendant shall be sentenced as provided by law. The court shall designate, in writing, the statutory aggravating circumstances which it found. The court may make the findings required by this subsection for the purpose of determining whether to sentence a defendant pursuant to K.S.A. 21-4638 notwithstanding contrary findings made by the jury or court pursuant to subsection (e) of K.S.A. 21-4624 and amendments thereto for the purpose of determining whether to sentence such defendant to death. Sec. 7. 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) (A) 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, prior to its repeal, 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 and before June 30, 1997, shall be eligible for parole after serving 25 years of confinement, without deduction of any good time credits. (B) Except as provided by K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate sentenced to imprisonment for the crime of murder in the first degree pursuant to subsection (a) of K.S.A. 21-3401, and amendments thereto, committed on or after July 1, 1997, 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: February 26, 1997 309 (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. (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; 310 JOURNAL OF THE HOUSE (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) 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. February 26, 1997 311 (h) The Kansas parole board shall hold a parole hearing during 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 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 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 312 JOURNAL OF THE HOUSE 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 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) 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) 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) 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) 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. February 26, 1997 313 (p) 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) 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) 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) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725 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 to a person, preventing the destruction of property or taking actions which result in a financial savings to the state.''; And by renumbering sections accordingly; Also on page 12, in line 13, by striking all after ``21-3439,''; by striking all in lines 14 through 16; in line 17, by striking all before ``22-3717'' and inserting ``21-4622, 21-4623, 214624, 21-4634 and 21-4635 and K.S.A. 1996 Supp.''; On page 1, in the title, in line 12, by striking all after ``K.S.A.''; by striking all in lines 13 through 16; in line 17, by striking all before the period and inserting in lieu thereof ``214622, 21-4623, 21-4624, 21-4634 and 21-4635 and K.S.A. 1996 Supp. 21-3717 and repealing the existing sections; also repealing K.S.A. 21-3439''; On roll call, the vote was: Yeas 60; Nays 63; Present but not voting 0; Absent or not voting 1. Yeas: Aurand, Ballou, Beggs, Benlon, Boston, Compton, Cox, Dahl, Dean, Donovan, Dreher, Edmonds, Empson, Faber, Flower, Gilmore, Glasscock, Grant, Hayzlett, Holmes, Howell, Huff, Humerickhouse, Hutchins, Jennison, Kejr, Phill Kline, Landwehr, Lloyd, P. Long, Mason, Mayans, Mays, McCreary, McKechnie, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Schwartz, Shallenburger, Shultz, Sloan, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilson. Nays: Adkins, Alldritt, Allen, Ballard, Burroughs, Campbell, Carmody, Correll, Crow, Dillon, Farmer, Feuerborn, Findley, Flaharty, Flora, Franklin, Freeborn, Garner, Geringer, Gilbert, Haley, Helgerson, Henderson, Henry, Horst, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, McClure, McKinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Shore, Showalter, Shriver, Spangler, Stone, Storm, Thimesch, Toelkes, Weiland, Wells, Welshimer, Wempe, Wilk. Present but not voting: None. Absent or not voting: Bradley. The motion of Rep. Dean did not prevail. Also, on motion to recommend HB 2169 favorably for passage, the motion did not prevail. MESSAGE FROM THE SENATE Announcing passage of SB 38; Sub. SB 185; SB 190, 205, 216, 222, 225, 256, 261, 262, 263, 264, 304. Also, adoption of Sub. SCR 1601; SCR 1604, 1608. INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS The following Senate bills and concurrent resolutions were thereupon introduced and read by title: SB 38; Sub. SB 185; SB 190, 205, 216, 222, 225, 256, 261, 262, 263, 264, 304; Sub. SCR 1601; SCR 1604, 1608. 314 JOURNAL OF THE HOUSE CHANGE OF REFERENCE Speaker Shallenburger announced the withdrawal of SB 131 from Committee on Education and referral to Committee on Transportation. Also, the withdrawal of HB 2400 from Committee on Federal and State Affairs and referral to Committee on Governmental Organization and Elections. On motion of Rep. Jennison, the House recessed until 3:30 p.m. ______________________ Afternoon Session The House met pursuant to recess with Speaker Shallenburger in the chair. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Phill Kline in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Phill Kline, Committee of the Whole report, as follows, was adopted: Recommended that HB 2127 be passed. Committee report to HB 2082 be adopted; also, roll call was demanded on motion of Rep. Kirk to amend on page 13, by striking all in lines 27 through 42; By striking all of pages 14 through 22; On page 23, by striking all in lines 1 and 2 and inserting in lieu thereof the following section: ``Sec. 1. K.S.A. 40-252 is hereby amended to read as follows: 40-252. Every insurance company or fraternal benefit society organized under the laws of this state or doing business in this state shall pay to the commissioner of insurance fees and taxes specified in the following schedule: A Insurance companies organized under the laws of this state: 1. Capital stock insurance companies and mutual legal reserve life insurance companies: Filing application for sale of stock or certificates of indebtedness $25 Admission fees: Examination of charter and other documents................... 500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 2. Mutual life, accident and health associations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Fling annual statement....................................... 100 Continuation of certificate of authority..................... 10 3. Mutual fire, hail, casualty and multiple line insurers and reciprocal or interinsurance exchanges: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 In addition to the above fees and as a condition precedent to the continuation of the certificate of authority provided in this code, all such companies shall pay a fee of $2 for each agent certified by the company and shall also pay a tax annually upon all premiums received on risk located in this state at the rate of 1% 2% per annum less (1) for tax years prior to 1984, any taxes paid on business in this state pursuant to the provisions of K.S.A. 40-1701 to 40-1707, inclusive, and 75-1508 and amendments thereto and (2) for tax years 1984 and thereafter, any taxes paid on business in this state pursuant to the provisions of February 26, 1997 315 K.S.A. 75-1508 and amendments thereto and the amount of the firefighters relief tax credit determined by the commissioner of insurance. The amount of the firefighters relief tax credit for a company for the current tax year shall be determined by the commissioner of insurance by dividing (A) the total amount of credits against the 1% 2% tax imposed by this section for taxes paid by all such companies on business in this state under K.S.A. 40-1701 to 40-1707, inclusive, and amendments thereto for tax year 1983, by (B) the total amount of taxes paid by all such companies on business in this state under K.S.A. 40-1703 and amendments thereto for the tax year immediately preceding the current tax year, and by multiplying the result so obtained by (C) the amount of taxes paid by the company on business in this state under K.S.A. 40-1703 and amendments thereto for the current tax year. Funds accepted prior to January 1, 1997, by a life insurer under an agreement which provides for an accumulation of funds to purchase taxable annuities at later dates shall be taxable premiums either when received or when actually applied to the purchase of annuities, at the option of the insurer. If the funds are declared upon receipt, any interest or other gain that accrues thereon shall not be taxable as premium income, but if the funds are declared when applied to the purchase of annuities, the premium tax shall be paid on the entire amount so applied. Any such funds declared upon receipt which are thereafter withdrawn before application to the purchase of annuities may be deducted from tax base as ``premiums'' returned on account of cancellations. In the computation of the gross premiums all such companies shall be entitled to deduct any premiums returned on account of cancellations, all premiums received for reinsurance from any other company authorized to do business in this state, dividends returned to policyholders and premiums received in connection with the funding of a pension, deferred compensation, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404, 408, 457 or 501 of the United States internal revenue code of 1986. Should any such company remove or maintain, or both, either their home, principal or executive office or offices from this state, every such company shall be subject to the provisions of subsection D of this section. B Fraternal benefit societies organized under the laws of this state: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 C Mutual nonprofit hospital service corporations, nonprofit medical service corporations, nonprofit dental service corporations, nonprofit optometric service corporations and nonprofit pharmacy service corporations organized under the laws of this state: 1. Mutual nonprofit hospital service corporations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 316 JOURNAL OF THE HOUSE 2. Nonprofit medical service corporations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 3. Nonprofit dental service corporations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 4. Nonprofit optometric service corporations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 5. Nonprofit pharmacy service corporations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 In addition to the above fees and as a condition precedent to the continuation of the certificate of authority, provided in this code, every corporation or association shall pay annually to the commissioner of insurance a privilege fee in an amount equal to 1% 2% per annum of the total of all premiums, subscription charges, or any other term which may be used to describe the charges made by such corporation or association to subscribers for hospital, medical or other health services or indemnity received during the preceding year. In such computations all such corporations or associations shall be entitled to deduct any premiums or subscription charges returned on account of cancellations and dividends returned to members or subscribers. D Insurance companies organized under the laws of any other state, territory or country: 1. Capital stock insurance companies and mutual legal reserve life insurance companies: Filing application for sale of stock or certificates of indebtedness $25 Admission fees: Examination of charter and other documents................... 500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 In addition to the above fees all such companies shall pay $5 for each agent certified by the company, except as otherwise provided by law. February 26, 1997 317 As a condition precedent to the continuation of the certificate of authority, provided in this code, every company organized under the laws of any other state of the United States or of any foreign country shall pay a tax upon all premiums received during the preceding year at the rate of 2% per annum. Funds accepted prior to January 1, 1997, by a life insurer under an agreement which provides for an accumulation of funds to purchase taxable annuities at later dates shall be taxable premiums either when received or when actually applied to the purchase of annuities, at the option of the insurer. If the funds are declared upon receipt, any interest or other gain that accrues thereon shall not be taxable as premium income, but if the funds are declared when applied to the purchase of annuities, the premium tax shall be paid on the entire amount so applied. Any such funds declared upon receipt which are thereafter withdrawn before application to the purchase of annuities may be deducted from tax base as ``premiums'' returned on account of cancellations. In the computation of the gross premiums all such companies shall be entitled to deduct any premiums returned on account of cancellations, dividends returned to policyholders and all premiums received for reinsurance from any other company authorized to do business in this state and premiums received in connection with the funding of a pension, deferred compensation, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404, 408, 457 or 501 of the United States internal revenue code of 1986. 2. Mutual life, accident and health associations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 In addition to the above fees, every such company organized under the laws of any other state of the United States shall pay $5 for each agent certified by the company, and shall pay a tax annually upon all premiums received at the rate of 2% per annum. Funds accepted prior to January 1, 1997, by a life insurer under an agreement which provides for an accumulation of funds to purchase taxable annuities at later dates shall be taxable premiums either when received or when actually applied to the purchase of annuities, at the option of the insurer. If the funds are declared upon receipt, any interest or other gain that accrues thereon shall not be taxable as premium income, but if the funds are declared when applied to the purchase of annuities, the premium tax shall be paid on the entire amount so applied. Any such funds declared upon receipt which are thereafter withdrawn before application to the purchase of annuities may be deducted from tax base as ``premiums'' returned on account of cancellations. In the computation of the gross premiums all such companies shall be entitled to deduct any premiums returned on account of cancellations, dividends returned to policyholders and all premiums received for reinsurance from any other company authorized to do business in this state and premiums received in connection with the funding of a pension, deferred compensation, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404, 408, 457 or 501 of the United States internal revenue code of 1986. 3. Mutual fire, casualty and multiple line insurers and reciprocal or interinsurance exchanges: Admission fees: Examination of charter and other documents and issuance of certificate of authority. $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 318 JOURNAL OF THE HOUSE Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 In addition to the above fees, every such company or association organized under the laws of any other state of the United States shall pay a fee of $5 for each agent certified by the company and shall also pay a tax annually upon all premiums received at the rate of 2% per annum. In the computation of the gross premiums all such companies shall be entitled to deduct any premiums returned on account of cancellations, all premiums received for reinsurance from any other company authorized to do business in this state, and dividends returned to policyholders. E Fraternal benefit societies organized under the laws of any other state, territory or country: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 F Mutual nonprofit hospital service corporations, nonprofit medical service corporations, nonprofit dental service corporations, nonprofit optometric service corporations and nonprofit pharmacy service corporations organized under the laws of any other state, territory or country: 1. Mutual nonprofit hospital service corporations: Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 2. Nonprofit medical service corporations, nonprofit dental service corporations, nonprofit optometric service corporations and nonprofit pharmacy service corporations:.... Admission fees: Examination of charter and other documents................... $500 Filing annual statement...................................... 100 Certificate of authority..................................... 10 Annual fees: Filing annual statement...................................... 100 Continuation of certificate of authority..................... 10 In addition to the above fees and as a condition precedent to the continuation of the certificate of authority, provided in this code, every corporation or association shall pay annually to the commissioner of insurance a privilege fee in an amount equal to 2% per annum of the total of all premiums, subscription charges, or any other term which may be used to describe the charges made by such corporation or association to subscribers in this state for hospital, medical or other health services or indemnity received during the preceding year. In such computations all such corporations or associations shall be entitled to deduct any premiums or subscription charges returned on account of cancellations and dividends returned to members or subscribers. February 26, 1997 319 G All insurers shall pay a fee of $10 for issuance of an amended certificate of authority. For the purpose of insuring the collection of the tax upon premiums, assessments and charges as set out in subsection A, C, D or F, every insurance company, corporation or association shall at the time it files its annual statement, as required by the provisions of K.S.A. 40-225, and amendments thereto, make a return, verified by affidavits of its president and secretary or other chief officers, to the commissioner of insurance, stating the amount of all premiums, assessments and charges received by the companies or corporations in this state, whether in cash or notes, during the year ending on the December 31 next preceding. Commencing in 1985 and annually thereafter the estimated taxes shall be paid as follows: On or before June 15 and December 15 of such year an amount equal to 50% of the full amount of the prior year's taxes as reported by the company shall be remitted to the commissioner of insurance. As used in this paragraph, ``prior year's taxes'' includes (1) taxes assessed pursuant to this section for the prior calendar year, (2) fees and taxes assessed pursuant to K.S.A. 40-253, and amendments thereto, for the prior calendar year, and (3) taxes paid for maintenance of the department of the state fire marshal pursuant to K.S.A. 75-1508, and amendments thereto, for the prior calendar year. Upon the receipt of such returns the commissioner of insurance shall verify the same and assess the taxes upon such companies, corporations or associations on the basis and at the rate provided herein and the balance of such taxes shall thereupon become due and payable giving credit for amounts paid pursuant to the preceding paragraph, or the commissioner shall make a refund if the taxes paid in the prior June and December are in excess of the taxes assessed. H The fee prescribed for the examination of charters and other documents shall apply to each company's initial application for admission and shall not be refundable for any reason. I (a) Each company required to pay a tax on premiums under subsections A, C, D and F shall be allowed, as a credit against that tax, an amount equal to 25% of the salaries paid to Kansas employees. Before taking into account any other credit or offset against the premium tax imposed under this section, the credit allowed under this subsection may not reduce such premium tax by more than 1/2 thereof. (b) As used in this section: (1) ``Employees'' means persons who reside in Kansas and who are common law employees of an insurance company or its affiliate. ``Employees'' does not include independent contractors or any person to this extent such employee's compensation is based on commissions. (2) ``Insurance company'' or ``company'' means any entity subject to a tax on premiums under K.S.A. 40-252. (3) ``Salaries'' means the gross compensation paid to Kansas employees, as reported on federal or state income tax returns for the calendar year for which a tax on premiums is imposed under K.S.A. 40-252 and amendments thereto, but only to the extent compensation is paid for insurance company operations performed in Kansas. ``Salaries'' does not include compensation based on commissions. (c) For an insurance company having affiliates, the gross amount of all premiums of an insurance company subject to premium tax under K.S.A. 40-252 and amendments thereto and those of its insurance company affiliates subject to premium tax under K.S.A. 40-252 and amendments thereto may be aggregated. In addition, all salaries paid to employees may be aggregated. Subject to the limitation on the salary credit set forth in this subsection, the total allowable salary credit may be determined as if all the aggregated premiums were received and all the aggregated salaries were paid by one insurance company. Once the total allowable salary credit is determined for all insurance company affiliates, the total credit may be allocated among the insurance company and its insurance company affiliates at the 320 JOURNAL OF THE HOUSE discretion of the insurance company on a per insurance company basis, subject to the limitation on the salary credit as set forth in this subsection. (d) The computation of salaries, the allowable salary credit and the allocation of the credit among insurance company affiliates shall be made on forms supplied by the commissioner of insurance. (e) For the purposes of calculating any tax due under K.S.A. 40-253 and amendments thereto from a taxpayer not organized under the laws of this state, the credit allowed by this subsection shall be treated as a tax paid under K.S.A. 40-252 and amendments thereto. (f) Premiums received by a life insurer for the purchase of any annuity contract shall no longer be deemed taxable premiums and shall no longer be subject to the tax imposed by this section. The provisions of this section shall be applicable to all taxable years commencing after December 31, 1997.''; By striking all in lines 31 through 43; By striking all of pages 24 and 25; On page 26, by striking all in lines 1 and 2 and inserting in lieu thereof the following section: ``Sec. 5. K.S.A. 40-252c is hereby amended to read as follows: 40-252c. (a) Every insurance company organized under the laws of this state or doing business in this state and required by this act to pay a premium tax or privilege fee pursuant to K.S.A. 40-252 and amendments thereto shall be entitled to a credit, on the premium taxes or privilege fees imposed by K.S.A. 40-252 and amendments thereto, of ~~twenty-five percent (25%)~~ 25% of such taxes or fees if at least ~~thirty percent (30%)~~ 30% of such insurance company's admitted assets is invested in Kansas securities. (b) For the purpose of this section: (1) The term ``insurance company'' shall mean any insurance company, mutual nonprofit hospital corporation, nonprofit medical service corporation or any corporation, society or association to which K.S.A. 40-252 and amendments thereto applies; (2) The term ``admitted assets'' shall mean the assets treated as admitted assets in the annual statement required to be filed with the commissioner of insurance pursuant to this act and K.S.A. 40-225 and amendments thereto; and (3) The term ``Kansas securities'' shall mean real estate in this state, bonds of the state of Kansas, bonds or interest bearing warrants of any county, city, town, school district or municipality or subdivision of the state of Kansas, notes or bonds secured by mortgages or other liens on real estate located in the state of Kansas, cash deposits in regularly established national or state banks in this state on the basis of the average monthly deposits throughout the calendar year, policy loans secured by the legal reserve on policies insuring residents of the state of Kansas, and any other Kansas property or securities in which, by the laws of the state of Kansas, such insurance companies may invest their funds.''; And by renumbering sections accordingly; In the title, in line 16, after ``40-252b,'' by inserting ``40-252c,''; in line 18, by striking ``40252c,''; On roll call, the vote was: Yeas 48; Nays 73; Present but not voting 1; Absent or not voting 2. Yeas: Alldritt, Ballard, Burroughs, Correll, Crow, Dean, Dillon, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, J. Long, McClure, McKechnie, McKinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Reardon, Reinhardt, Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Thimesch, Toelkes, Weiland, Wells, Welshimer, Wempe. Nays: Adkins, Allen, Aurand, Ballou, Beggs, Benlon, Boston, Bradley, Campbell, Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Phill Kline, Lane, Lloyd, P. Long, Mason, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Samuelson, Schwartz, Shallenburger, Shore, Shultz, Sloan, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk, Wilson. February 26, 1997 321 Present but not voting: Landwehr. Absent or not voting: Donovan, Mayans. The motion of Rep. Kirk did not prevail, and HB 2082 be passed as amended. Committee report recommending a substitute bill to Sub. HB 2140 be adopted; also, on motion of Rep. Flora to amend, the motion did not prevail and the substitute bill be passed. Committee report to HB 2294 be adopted; also, on motion of Rep. Tomlinson be amended on page 1, in line 31, after ``due'' by inserting ``, not total amount of debt but amount currently due''; in line 33, by striking ``Total amount of garnishment due $_________ .''; and HB 2294 be passed as amended. On motion of Rep. Packer to amend HB 2273, Rep. Nichols requested a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment not germane. Rep. Packer challenged the ruling, the question being ``Shall the Rules Chair be sustained?'' The Rules Chair was sustained, and the bill be passed. 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 2506, An act concerning juveniles; amending K.S.A. 20-1204a, as amended by section 18 of chapter 229 of the 1996 Session Laws of Kansas, 22-4701, as amended by section 27 of chapter 229 of the 1996 Session Laws of Kansas, 38-1618, as amended by section 59 of chapter 229 of the 1996 Session Laws of Kansas, 38-1622, as amended by section 60 of chapter 229 of the 1996 Session Laws of Kansas, 38-1624, as amended by section 62 of chapter 229 of the 1996 Session Laws of Kansas, 38-1632, as amended by section 64 of chapter 229 of the 1996 Session Laws of Kansas, 38-1639, as amended by section 70 of chapter 229 of the 1996 Session Laws of Kansas, 38-1662, as amended by section 80 of chapter 229 of the 1996 Session Laws of Kansas, 38-1665, as amended by section 83 of chapter 229 of the 1996 Session Laws of Kansas, 38-1672, as amended by section 87 of chapter 229 of the 1996 Session Laws of Kansas, 38-1691, as amended by section 95 of chapter 229 of the 1996 Session Laws of Kansas, 38-16,111, as amended by section 97 of chapter 229 of the 1996 Session Laws of Kansas, 38-16,119, as amended by section 101 of chapter 229 of the 1996 Session Laws of Kansas, 39-713c, as amended by section 105 of chapter 229 of the 1996 Session Laws of Kansas, 39-1301, as amended by section 106 of chapter 229 of the 1996 Session Laws of Kansas, 39-1302, as amended by section 107 of chapter 229 of the 1996 Session Laws of Kansas, 39-1303, as amended by section 108 of chapter 229 of the 1996 Session Laws of Kansas, 39-1307, as amended by section 109 of chapter 229 of the 1996 Session Laws of Kansas, 76-2101, as amended by section 140 of chapter 229 of the 1996 Session Laws of Kansas, 76-2101b, as amended by section 142 of chapter 229 of the 1996 Session Laws of Kansas, 76-2112, as amended by section 144 of chapter 229 of the 1996 Session Laws of Kansas, 76-2125, as amended by section 145 of chapter 229 of the 1996 Session Laws of Kansas, 76-2201, as amended by section 147 of chapter 229 of the 1996 Session Laws of Kansas, 76-2219, as amended by section 149 of chapter 229 of the 1996 Session Laws of Kansas, and 76-2220, as amended by section 150 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A. 1995 Supp. 38-1602, as amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas, 38-1607, as amended by section 46 of chapter 229 of the 1996 Session Laws of Kansas, 38-1608, as amended by section 48 of chapter 229 of the 1996 Session Laws of Kansas, 38-1616, as amended by section 55 of chapter 229 of the 1996 Session Laws of Kansas, 38-1663, as amended by section 81 of chapter 229 of the 1996 Session Laws of Kansas, 38-1664, as amended by section 82 of chapter 229 of the 1996Session Laws of Kansas, 38-1671, as amended by section 86 of chapter 229 of the 1996 Session Laws of Kansas, 38-1673, as amended by section 88 of chapter 229 of the 1996 Session Laws of Kansas, 38-1675, as amended by section 90 of chapter 229 of the 1996 Session Laws of Kansas, 38-1676, as amended by section 91 of chapter 229 of the 1996 Session Laws of Kansas, 38-1677, as amended by section 92 of chapter 229 of the 1996 Session Laws of Kansas, 39-708c, as amended by section 104 of chapter 229 of the 1996 Session Laws of Kansas, 74-9501, as amended by 322 JOURNAL OF THE HOUSE section 127 of chapter 229 of the 1996 Session Laws of Kansas, 76-375, as amended by section 136 of chapter 229 of the 1996 Session Laws of Kansas, and 76-381, as amended by section 137 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 212511, 21-3413, 28-170, 38-1502, 38-1507, 38-1613, 38-1614, 38-1640, 38-1692, 40-2,161, 40-1909, 40-19c09, 74-8810, 75-7007, 75-7008 and 75-7021, and repealing the existing sections; reviving K.S.A. 75-3335, 75-3336 and 75-3336a and K.S.A. 1996 Supp. 76-12a20 and 76-12a21; reviving and amending K.S.A. 75-3335a, 76-12a18 and 76-12a19 and repealing the existing sections; also repealing K.S.A. 21-2511, as amended by section 22 of chapter 229 of the 1996 Session Laws of Kansas, 21-3413, as amended by section 23 of chapter 229 of the 1996 Session Laws of Kansas, 21-3611, as amended by section 24 of chapter 229 of the 1996 Session Laws of Kansas, 28-170, as amended by section 28 of chapter 229 of the 1996 Session Laws of Kansas, 38-1613, as amended by section 52 of chapter 229 of the 1996 Session Laws of Kansas, 38-1614, as amended by section 53 of chapter 229 of the 1996 Session Laws of Kansas, 38-1640, as amended by section 71 of chapter 229 of the 1996 Session Laws of Kansas, 40-1909, as amended by section 110 of chapter 229 of the 1996 Session Laws of Kansas, and 74-5363, as amended by section 124 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A. 1995 Supp. 38-1692, as amended by section 96 of chapter 229 of the 1996 Session Laws of Kansas, 40-19c09, as amended by section 113 of chapter 229 of the 1996 Session Laws of Kansas, and 74-8810, as amended by section 126 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 38-1502b, 3816,127, 38-16,128, 75-7001, 75-7002, 75-7003, 75-7004, 75-7005, 75-7006, 75-7010, 757023, 75-7024, 75-7025, 75-7026, 75-7027, 75-7028, 75-7032, 76-3201, 76-3202 and 763203, by Committee on Appropriations. HB 2507, An act concerning townships; relating to the acquisition of cemetery property; amending K.S.A. 1996 Supp. 80-915 and repealing the existing section, by Committee on Federal and State Affairs. HB 2508, An act concerning the secretary of the Kansas department of health and environment; concerning conservation districts; relating to the powers and duties thereof, by Committee on Federal and State Affairs. REPORT ON ENGROSSED BILLS HB 2093, 2110, 2121, 2185, 2188, 2211, 2217, 2223, 2230, 2250, 2280, 2313, 2315 reported correctly engrossed February 26, 1997. On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Thursday, February 27, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+

Active cosmetologist license or renewal, for two years--not more than	$60
Inactive cosmetologist license or renewal, for two years--not more than	30
Delinquent cosmetologist license	4
Cosmetology technician renewal, for two years--not more than	30
Electrologist license or renewal, for two years--not more than	30
Delinquent electrologist license4 Senior cosmetologist license or renewal, for three years--not more than	45
Manicurist license renewal or renewal, for two years--not more than	24
Delinquent manicurist license	4
Esthetician license or renewal, for two years--not more than	30
Delinquent esthetician license	4
Any apprentice license--not more than	12
Additional training license--not more than	12
New school license	100
School license renewal--not more than	50
Delinquent school license--not more than	10
New salon or electrology clinic license--not more than	30
Salon or electrology clinic license renewal--not more than	20
Delinquent salon or electrology clinic license	6
Transfer of salon or electrology clinic license--not more than	15
Cosmetologist's examination--not more than	25
Cosmetology technician's examination--not more than	25
Electrologist's examination--not more than	25
Manicurist's examination--not more than	25
Esthetician examination--not more than	25
Instructor's examination--not more than	50
Out-of-state examinations--not more than	35
Out-of-state affidavits	2
Any duplicate license	2
Instructor's license or renewal, for two years--not more than	50
Delinquent instructor's license--not more than	50
Cosmetologist continuing education registration fee	40
Continuing education program application fee	100
Continuing education program approval fee	100