J o u r n a l o f t h e H o u s e FORTY-SEVENTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Thursday, March 20, 1997, 10:30 a.m. The House met pursuant to adjournment with Speaker pro tem Wagle in the chair. The roll was called with 123 members present. Rep. Dean was excused on verified illness. Rep. Mayans was excused on excused absence by the Speaker. Prayer by guest chaplain, the Rev. Lindsey Sullivan, pastor, Calvary Wesleyan Church, Fredonia, and guest of Rep. Compton: Perhaps one of the most fitting prayers for this country's political leaders was made by a seven-year-old girl. Her father would allow her to sit in his lap and drive the car, his hands over hers on the steering wheel. One morning at breakfast the father prayed for the president, asking God to guide him and other leaders. Then the little girl added, `` Dear Jesus, please put your hands over the president's hands.'' Dear Jesus, as I stand here today, I see the men and women you have put in authority over us. Some of them don't know you, or believe in you, Jesus, forgive them and touch them, that they might know the truth of your Word and your wisdom. Jesus, there are others here who know you and who have felt your power, but have turned away for whatever reason. Please soften their hearts that they might come back to your love, your kindness, and your power. And then, Jesus, there are those here who truly walk with you--who we so often forget. Strengthen them as they endeavor to place your truth upon the laws of your great land, Kansas. Jesus, let these leaders never forget that this nation was founded upon your word and your truth, which comes from the Holy Bible and that they are to rule with love and kindness, and never let sin rule over us. In 2 Chronicles 7:14 it says, ``If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land.'' Dear Jesus, I know that these words have been read here and prayed here before, but Jesus, hear us one more time--forgive us one more time. Let us try one more time to do your will and to follow your way. Dear Jesus, we admit to you today that we are sinners and we have fallen short of your perfect moral standard. We acknowledge you as God's son and know that you died for us, and then rose again from the dead. Jesus, I hope we would all ask you to forgive us, and come into our lives and give us true life! We pray for strength to turn away from our sins and strength to be the people you would want us to be. We pray for the strength to govern with honesty and integrity. We thank you for your presence and we praise you for your life! Amen. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Taxation: HB 2538. 474 JOURNAL OF THE HOUSE MESSAGE FROM THE SENATE Announcing passage of SB 280, 302; Sub. SB 321; Sub. SB 332; SB 363, 371, 376. Announcing passage of HB 2021, 2073, 2112, 2180, 2184, 2329. Also, passage of HB 2020, as amended; HB 2108, as amended. The Senate nonconcurs in House amendments to SB 63, requests a conference and has appointed Senators Morris, Umbarger and Karr as conferees on the part of the Senate. INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS The following Senate bills were thereupon introduced and read by title: SB 280, 302; Sub. SB 321; Sub. SB 332; SB 363, 371, 376. CONSENT CALENDAR No objection was made to Sub. SB 185; SB 303 appearing on the Consent Calendar for the first day. No objection was made to SB 49, 55, 57, 229 appearing on the Consent Calendar for the second day. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 166, An act concerning hotels; relating to rights and duties of innkeepers and guests, was considered on final action. On roll call, the vote was: Yeas 123; Nays 0; 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, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, 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: Dean, Mayans. The bill passed, as amended. SB 286, An act concerning patient protection; enacting the patient protection act; relating to health care services enacting the woman's right-to-know act; establishing requirements for informed consent relating to abortions; providing penalties for violations; amending K.S.A. 65- 6701 and K.S.A. 1996 Supp. 65-2836 and repealing the existing sections; also repealing K.S.A. 65-6706, was considered on final action. On roll call, the vote was: Yeas 80; Nays 43; Present but not voting 0; Absent or not voting 2. Yeas: Aurand, Ballou, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Crow, Dahl, Edmonds, Faber, Farmer, Flower, Franklin, Freeborn, Geringer, Gilmore, Grant, Gregory, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phill Kline, Landwehr, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shultz, Swenson, Tanner, Thimesch, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wempe, Wilk, Wilson. Nays: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Correll, Cox, Dillon, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Gilbert, Glasscock, Haley, March 20, 1997 475 Helgerson, Henderson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, McKechnie, Nichols, E. Peterson, Phelps, Samuelson, Sawyer, Shriver, Sloan, Spangler, Stone, Storm, Toelkes, Tomlinson, Wells, Welshimer. Present but not voting: None. Absent or not voting: Dean, Mayans. The bill passed, as amended. EXPLANATIONS OF VOTE Mr. Speaker: I must vote no on SB 286, although I whole-heartedly support the Patient Protection Act, I cannot support the bill with the Woman's-Right-to-Know Act attached. I have voted for the Woman's-Right-to-Know Act last year and this year. It is clear to me this act is not going to be passed by the Senate and is not going to be signed by the Governor. I am sorry I cannot vote for the Patient Protection Act. I am not sorry I cannot vote for the Woman's-Right-to-Know Act again. I've had enough, I'm saying when.--Richard Alldritt Mr. Speaker: I must unfortunately vote no on SB 286. What is this smug din you hear? When different views, on one hand and then another come together, the applause of good government is heard in this Chamber. We need patient protection from false medical alarms. All of us should save our constituents from paying these costs. But one narrow hand is being played today; representing restriction and ideologic ultra-conservatism. What you hear is not democracy but dogma. Not two sides coming together but one, forcing its hand. It is not applause. So, what is the sound of that one hand ``clapping?'' Nothing, Mr. Speaker, nothing at all.--David Haley, Douglas Johnston PROTEST Mr. Speaker: Pursuant to the Kansas Constitution Article 2, Section 10, I offer the following written protest against the action of the House in considering SB 286. I support the original provisions of SB 286 as amended by the Senate and House Committee. I cannot support the bill as amended by the House Committee of the Whole. During debate the bill was amended to include legislation known as the woman's right-toknow act. Although proponents of the amendment claim to be interested in providing accurate information to pregnant women they failed to provide accurate information to members of the House during debate on the amendment. During the 1996 legislative session the Governor vetoed the woman's right-to-know act which was contained in 1996 SB 352. Because the governor's reasons for vetoing the measure were not fully disclosed by proponents of this year's version of the legislation, I am including the full text of the governor's thoughtful and well-reasoned veto message in this protest. The governor's concerns regarding the causes of actions created in the 1996 legislation are not cured in the 1997 version of the act. I am including the text of the veto message because I believe legislators had a right-to-know. What follows is the veto message of the 1996 woman's right-to-know act: Message to the Senate of the State of Kansas: Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I am vetoing SB 352 for the following reasons: Anyone involved in elected public service at the state or federal level during the past two decades has been required to confront the issue of abortion, whether as a campaign issue or when considering specific legislative proposals. Regardless of one's personal views on the matter, we must recognize abortion is a legal and constitutionally protected medical procedure. Consequently, a public policy debate on the issue of reproductive rights is limited to a determination of which constitutionally permissible restrictions, if any, are appropriate to be enacted into law. Strong emotions, based on religious, cultural and historical experiences, fuel the fervor with which the abortion issue is debated, both within and without the halls of government. It is in this climate that SB 352 has reached my desk. I recognize that regardless of my actions on this bill those on one side of the debate will express outrage 476 JOURNAL OF THE HOUSE and attempt to use my decision as political fodder to advance their agenda. This decision is not made lightly but is a result of somber reflection which did not take into account any political consequences. As a candidate for the office of Governor in 1994, I indicated publicly my position that the current Kansas abortion law (K.S.A. 65-6701, et seq.) adequately articulates appropriate restrictions to protect the rights of patients and the interest of the state. That remains my conviction. Some who advocate changing our current abortion law should review the scope of restrictions now contained in Kansas statutes. Current Kansas law provides that abortions are illegal after viability, except to preserve the life of the pregnant woman or if the fetus is affected by severe or life-threatening deformity or abnormality. Kansas law also requires counseling of a minor seeking an abortion. A parent, guardian, or person at least 21 years of age who is not associated with the abortion provider and who has a personal interest in the minor mustaccompany the minor and be involved in the decision-making process. Counseling must include reference to alternatives to abortion including adoption; the fact that the minor may change her decision to have an abortion at any time prior to the procedure; a referral to agencies that could be helpful and agencies that supply birth control information; discussion about whether a parent or other family member is to be involved in the decision-making process; and information on the judicial bypass if a parent is not to be involved. Counseling is also required following the procedure. Kansas law requires parental notification when a girl under the age of 18 seeks an abortion. Further, Kansas law requires that a woman give her informed consent before an abortion can be performed. The woman must be told, in writing, the risks and alternatives to the procedure, the gestational age of the fetus, the medical risks associated with an abortion or with carrying the pregnancy to term, and the community resources available to support the woman's decision to carry the pregnancy to term should she choose to do so. Absent a medical emergency, such information must be provided to the woman by the physician who is to perform the abortion or another health care provider no less than eight hours before the abortion is performed. The extension of the waiting period to 24 hours creates a significant burden on rural Kansas women who seek access to abortion providers who are located almost entirely in Wichita and Eastern Kansas. A waiting period extension creates significant barriers for women, for example, who cannot leave a job or who cannot find child care, or for women of limited financial means. The United States Supreme Court has determined that any restriction which places an undue burden on a woman's right to access abortion services is unconstitutional. Given the geographical barriers which currently confront many Kansas women, the extension of the waiting period to 24 hours might be determined to be such an undue burden. The bill assumes that women will be better able to make an informed decision after 24 hours of reflection instead of the 8 hours required by current law. I believe such a conclusion represents a paternalistic intrusion by the state into a decision that is best made by a woman, her family, and her physician. Those who believe SB 352 merely extends the waiting period for informed consent from 8 hours to 24 hours are encouraged to read the bill in its entirety. The bill, in my estimation, contains a number of provisions which have received less attention than the waiting period provision. In reviewing the bill, I find most troubling the provision set forth in section 7. The causes of action created by this section contribute to an already overly litigious society. Failure to conform with the many requirements set forth in the bill subjects a doctor to a cause of action for the death of the woman's fetus, whether or not the fetus was viable at the time the abortion was performed. This is a significant change from current law and one which was enacted without full regard to the potential consequences of such a cause of action. I cannot countenance the potential liabilities created by the provision and believe it represents both bad jurisprudence and poor public policy. Taken together, these provisions cause me to conclude the bill was intended to increase significantly the regulation of and the potential liabilities of doctors who legally perform a medical procedure. These provisions of the bill represent a powerful intimidation factor against doctors who perform abortions and an unnecessary government intrusion into the relationship between patient and doctor. March 20, 1997 477 While it is clear that public officials will continue to have differing opinions on the issue of abortion as a matter of public policy, I would hope that all Kansans would seek to avoid the polarization that often characterizes the abortion debate. I believe that there is great potential for policy makers on both sides of this issue to come together in search of common ground. The United States Constitution protects a woman's right to access abortion, and we should therefore recognize that the Kansas Legislature does not have the authority to ban abortions. Consequently, we should seek instead to collaborate on the enactment of policies which reduce the number of unwanted pregnancies and thereby reduce the demand for abortions. We should also join forces to make certain that we provide the greatest opportunities possible for those children born as Kansans. We should seek to work together to continue to streamline our adoption laws and thereby provide an alternative to abortion. SB 352 is flawed as a matter of statutory construction and as a matter of public policy. I remain confident that the current Kansas abortion law is an appropriate articulation of public policy. Because of the potential liabilities created and the adverse consequences which would result from enactment of SB 352, I hereby veto it. Bill Graves Governor Dated: May 15, 1996 There being no action on SB 352, the veto was sustained. Respectfully submitted, David Adkins SB 333, An act concerning the state corporation commission; relating to assessment of expenses by the state corporation commission; concerning time to issue certain orders; amending K.S.A. 66-1502 and 66-1503 and K.S.A. 1996 Supp. 66-118b and 77-529 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 123; Nays 0; 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, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, 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: Dean, Mayans. The bill passed, as amended. INTRODUCTION OF ORIGINAL MOTIONS On motion of Rep. Jennison, the House acceded to the request of the Senate for a conference on SB 63. Speaker pro tem Wagle thereupon appointed Reps. Flower, Ballou and Weiland as conferees on the part of the House. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Presta in the chair. 478 JOURNAL OF THE HOUSE COMMITTEE OF THE WHOLE On motion of Rep. Presta, Committee of the Whole report, as follows, was adopted: Recommended that on motion of Rep. Howell to amend SB 175, the motion was withdrawn. Also, roll call was required on motion of Rep. Howell to strike the enacting clause. On roll call, the vote was: Yeas 62; Nays 61; Present but not voting 0; Absent or not voting 2. Yeas: Alldritt, Ballard, Ballou, Burroughs, Correll, Crow, Dillon, Dreher, Edmonds, Faber, Feuerborn, Findley, Flaharty, Garner, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Johnston, Kejr, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Larkin, J. Long, P. Long, Mays, McClure, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Neufeld, Nichols, O'Connor, O'Neal, Pauls, E. Peterson, Phelps, Reardon, Ruff, Sawyer, Sharp, Showalter, Shriver, Spangler, Thimesch, Toelkes, Toplikar, Vickrey, Weiland, Wells, Welshimer, Wempe. Nays: Adkins, Allen, Aurand, Beggs, Benlon, Boston, Bradley, Campbell, Carmody, Compton, Cox, Dahl, Empson, Farmer, Flora, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Phil Kline, Landwehr, Lane, Lloyd, Mason, McCreary, Myers, Osborne, Packer, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Reinhardt, Samuelson, Schwartz, Shallenburger, Shore, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tomlinson, Vining, Wagle, Weber, Wilk, Wilson. Present but not voting: None. Absent or not voting: Dean, Mayans. The motion prevailed and the enacting clause to SB 175 be stricken (see further action, Committee of the Whole). Committee report to SB 33 be adopted and the bill be passed as amended. Committee report to SB 10 be adopted; also, on motion of Rep. Neufeld be amended on page 2, in line 21, by striking ``1998'' and inserting ``1999''; and SB 10 be passed as amended. Committee report to SB 60 be adopted; also, on motion of Rep. Morrison be amended on page 1, in line 35, by striking ``the Kansas youth authority shall appoint one member'' and inserting in lieu thereof ``the commissioner of juvenile justice''; and SB 60 be passed as amended. Committee report to SB 99 be adopted and the bill be passed as amended. HB 2278 be passed over and retain a place on the calendar. Committee report to SB 133 be adopted and the bill be passed as amended. Having voted on the prevailing side, Rep. Edmonds moved that the Committee of the Whole reconsider its adverse action in striking the enacting clause to SB 175 (see previous action, Committee of the Whole). The motion did not prevail. REPORTS OF STANDING COMMITTEES The Committee on Appropriations recommends HB 2518 be passed. The Committee on Business, Commerce and Labor recommends SB 227 be amended on page 1, after line 13, by inserting an additional section as follows: ``New Section 1. There is hereby created in the state treasury the franchise tax fee fund. One dollar from each franchise tax payment made to the secretary of state pursuant to chapter 17 and 56 shall be deposited in the state treasury to the credit of the franchise tax fee fund.''; Also on page 1, in line 14, by striking ``Section 1.''; and inserting ``Sec. 2.''; Renumbering the remaining sections accordingly; On page 2, in line 7, after the period, by inserting ``One dollar of the annual franchise tax shall be deposited to the franchise tax fee fund.''; On page 3, in line 30, after the period, by inserting ``One dollar of the annual franchise tax shall be deposited to the franchise tax fee fund.''; On page 4, in line 43, after the period, by inserting ``One dollar of the annual franchise tax shall be deposited to the franchise tax fee fund.''; March 20, 1997 479 On page 6, in line 35, after the period, by inserting ``One dollar of annual franchise tax shall be deposited to the credit of the franchise tax fee fund.''; On page 7, in line 29, after the period, by inserting ``One dollar of the annual franchise tax shall be deposited to the credit of the franchise tax fee fund.''; On page 8, in line 38, after the period, by inserting ``One dollar of the annual franchise tax shall be deposited to the credit of the franchise tax fee fund.''; On page 10, in line 19, after the period, by inserting ``One dollar of the annual franchise tax shall be deposited to the credit of the franchise tax fee fund.''; On page 11, in line 41, after the period, by inserting ``One dollar of the franchise tax shall be deposited to the credit of the franchise tax fee fund.''; and the bill be passed as amended. The Committee on Calendar and Printing recommends HB 2516 be amended on page 1, after line 15, by inserting the following: ``New Section 1. As used in this section and in sections 2, 3, 6 and 7, and amendments thereto: (a) ``Information or telecommunications technology improvement project'' means a project for a major computer or telecommunications technology improvement with an estimated cumulative cost of $250,000 or more and includes any such project which has proposed expenditures for new or replacement equipment, for upgrade improvements to existing equipment and any computer systems, programs, or software upgrades therefor, data or consulting or other professional services for such project; (b) ``project'' means a planned series of events or activities intended to accomplish a specified outcome in a specified time period, under consistent management direction within a state agency or shared among two or more state agencies, and which has an identifiable budget for anticipated expenses; (c) ``cumulative cost'' means the total expenditures for an information or telecommunications technology improvement project from any source or by any state agency to meet project objectives from project start to project completion or the date and time the project is terminated if it is not completed; (d) ``project start'' means the date and time at which a state agency begins a formal study of a business process or technology concept to assess the needs of the state agency, determines project feasibility or prepares an information or telecommunications technology improvement budget estimate under section 2, and amendments thereto; and (e) ``project completion'' means the date and time at which the head of the state agency which has primary responsibility for the information or telecommunications technology improvement project certifies that the information or telecommunications technology improvement which is being produced or altered under the project is ready for operational use.''; And by renumbering sections accordingly; Also on page 1, in line 20, by striking all after ``project''; in line 21, by striking ``budget'' where it appears for the first time and inserting in lieu thereof the following: ``and shall submit a copy of each information or telecommunications technology improvement budget estimate, and each amendment or revision thereof, to the division of the budget, the chief information architect, and the joint committee on computers and telecommunications in accordance with this section. Each information or telecommunications technology improvement budget estimate shall be''; in line 27, after ``including'' by inserting ``(A)''; in line 29, by striking ``and'' and inserting in lieu thereof the following: ``, (B) a statement of project scope including identification of the organizations and individuals to be affected by the project and a definition of the functionality to result from the project, and (C)''; in line 32, by striking ``in detail'' and inserting in lieu thereof ``the tasks and schedule for the project and for''; in line 34, after ``include'' by inserting ``a financial plan showing the proposed source of funding and categorized expenditures for each phase of the project, and showing''; in line 39, by striking ``July'' and inserting in lieu thereof ``August''; in line 40, after ``budget'' by inserting ``, the chief information architect and the joint committee on computers and telecommunications''; in line 42, by striking all after the comma; in line 43, by striking all before ``such''; On page 2, in line 1, after ``each'' by inserting ``amendment or revision of''; in line 2, by striking all after ``estimate''; by striking all in line 3 and inserting in lieu thereof ``to the 480 JOURNAL OF THE HOUSE division of the budget,''; in line 6, by striking ``November'' and inserting in lieu thereof ``October''; in line 7, by striking ``council''; also in line 7, after ``recommendations'' by inserting ``to the division of the budget''; in line 12, by striking all after ``architect''; by striking all in line 13; in line 14, by striking ``partment''; in line 22, by striking ``secretary of administration'' and inserting in lieu thereof ``chief information architect''; by striking all in lines 23 through 30 and inserting in lieu thereof the following: ``(e) On or before the date that the governor's budget report is submitted to the legislature, the director of the budget shall provide to the joint committee on computers and telecommunications and to the legislative research department a copy of each information or telecommunications technology improvement budget estimate, posted to reflect the governor's budget recommendations, and a copy of the recommendations of the chief information architect regarding such information or telecommunications technology improvement budget estimate.''; Also on page 2, in line 31, after ``architect'' by inserting the following: ``shall monitor state agency execution of information or telecommunications technology improvement projects and, upon the completion of each phase of such projects, but not less often than once each calendar quarter,''; also in line 31, by striking ``monthly''; in line 35, before ``advise'' by inserting ``shall''; in line 37, after the period, by inserting the following: ``Each state agency shall submit status information on project execution for each information or telecommunications technology improvement project in the form and according to a schedule prescribed by the chief information architect as may be required in accordance with this section.''; in line 38, by striking ``Change orders or other changes'' and inserting in lieu thereof ``Any change''; in line 39, by striking all after ``project''; in line 40, by striking all before ``change'' where it appears for the last time and inserting in lieu thereof the following: ``, which would result in the total cost of the information or telecommunications technology improvement project being increased above the currently authorized cost of such project, but which increases the total cost of such project by less than the lower of either $1,000,000 or 10% of the currently authorized cost, and any''; On page 3, in line 2, by striking ``secretary of administration'' and inserting in lieu thereof the following: ``head of the state agency with primary responsibility for the project''; in line 4, by striking ``secretary of administration'' and inserting in lieu thereof the following: ``head of the state agency with primary responsibility for the project''; in line 6, by striking ``change orders or''; in line 7, before the period, by inserting the following: ``and shall report on all such actions in the status information on project execution reported to the chief information architect pursuant to this section''; in line 8, by striking ``order or change''; in line 9, by striking all after ``project''; in line 10, by striking all before ``and'' and inserting in lieu thereof the following: ``, which would result in the total authorized cost of an information or telecommunications technology improvement project being increased above the currently authorized cost of such project by more than either $1,000,000 or 10% of such currently authorized cost of such project, whichever is lower, no change in the scope of any information or telecommunications technology improvement project, as such scope was presented to and reviewed by the joint committee on computers and telecommunications,''; in line 13, by striking ``secretary of administration'' and inserting in lieu thereof the following: ``head of the state agency with primary responsibility for the project''; in line 39, by striking ``After June 30 in odd-numbered'' and inserting in lieu thereof the following: ``The chairperson and vice-chairperson serving on the effective date of this act shall continue to serve in such capacities through January 12, 1998. Thereafter, on and after the first day of the regular legislative session in even-numbered''; in line 43, by striking ``. After June 30 in even-numbered'' and inserting in lieu thereof the following: ``and on and after the first day of the regular legislative session in odd-numbered''; On page 4, in line 5, by striking ``July 1 of'' and inserting in lieu thereof ``the first day of the regular legislative session in''; On page 5, in line 9, by striking ``After June 30 in odd-numbered'' and inserting in lieu thereof the following: ``The chairperson and vice-chairperson serving on the effective date of this act shall continue to serve in such capacities through January 12, 1998. Thereafter, on and after the first day of the regular legislative session in even-numbered''; in line 13, by striking ``. After June 30 in even-numbered'' and inserting in lieu thereof the following: March 20, 1997 481 ``and on and after the first day of the regular legislative session in odd-numbered''; in line 18, by striking ``July 1 of'' and inserting in lieu thereof the following: ``the first day of the regular legislative session in''; On page 6, in line 13, by striking ``1'' and inserting in lieu thereof ``2''; and the bill be passed as amended. The Committee on Economic Development recommends SB 152, as amended by Senate Committee of the Whole, be amended on page 1, in line 42, after the period, by inserting ``Such aggregation shall be determined by the department of commerce and housing.''; and the bill be passed as amended. The Committee on Environment recommends SB 123, 365 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Environment recommends SB 110, as amended by Senate Committee of the Whole, be amended on page 1, in line 43, by striking all after ``shall''; On page 2, by striking all of line 1; by striking all of lines 3 through 8; in line 9, before the period, by inserting ``apply to any person conducting surveillance, actively caring for agricultural equipment or livestock or conducting activities described in subsection (c)(2) of K.S.A. 32-1002 and amendments thereto, while on land under the person's control, if the person owns such land, is in lawful possession of such land or is regularly employed for purposes of livestock or agricultural production or management on such land''; and the bill be passed as amended. The Committee on Financial Institutions recommends Substitute for SB 86 be passed. The Committee on Financial Institutions recommends SB 281, as amended by Senate Committee, be passed. The Committee on Financial Institutions recommends SB 282, as amended by Senate Committee, be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Governmental Organization and Elections recommends Substitute for SB 24 be passed. The Committee on Governmental Organization and Elections recommends HB 2490 be amended on page 4, in line 37, by striking ``January 1, 1998'' and inserting ``July 1, 2000''; On page 5, in line 36, by striking all before ``is'' and inserting ``It''; by striking all in lines 41, 42 and 43; On page 6, by striking all in line 1; in line 18, by striking ``1998'' and inserting ``2000''; in line 21, by striking ``have a substantial impact upon'' and inserting ``affect''; in line 22, by striking all after ``determined''; by striking all in lines 23 and 24 and inserting ``by the board.''; in line 31, by striking ``1998'' and inserting ``2001''; On page 7, in line 3, by striking ``1997'' and inserting ``2000''; in line 4, by striking ``1997'' and inserting ``2000''; in line 9, by striking ``1997'' and inserting ``2000''; also in line 9, by striking ``1998'' and inserting ``2001''; following line 13, by inserting: ``New Sec. 8. (a) On or before September 30, 1997, the chairperson of the board shall appoint a geologist registration committee. The committee shall be composed of: (1) Two members of the board, one of which shall be designated as the chairperson of the committee; and (2) three geologists recognized by the state geological society, the Kansas chapter of the American association of petroleum geologists or the American institute of professional geologists. (b) The committee shall develop policies and procedures, review continuing education requirements, establish recommendations relative to NAFTA, establish and review recommended examinations, recommend fees, establish experience criteria and any other recommendations concerning the licensure of geologists. Such report shall include recommendations for legislation, if necessary, and proposed rules and regulations. (c) On or before July 1, 1998, the committee shall prepare and present to the executive committee of the board a preliminary draft of recommendations developed pursuant to subsection (b). The executive committee shall review and comment on the preliminary draft of recommendations. 482 JOURNAL OF THE HOUSE (d) On or before October 1, 1998, the geologist registration committee shall present to the board a final report of its recommendations developed pursuant to subsection (b). New Sec. 9. (a) On or before July 1, 1999, the board shall begin to accept applications for licensure as a geologist. (b) On or before July 1, 2000, the board shall begin to issue licenses to engage in the practice of geology to applicants therefor if such applicants comply with the requirements of the provisions of this act and any rules and regulations adopted pursuant thereto by the board.''; And by renumbering sections accordingly; and the bill be passed as amended. The Committee on Governmental Organization and Elections recommends SB 113, as amended by Senate Committee of the Whole, be amended on page 1, in line 34, preceding the semicolon, by inserting ``and the city and state of residence of such individual or the city and state in which the primary office of such organization is located''; in line 40, preceding the semicolon, by inserting ``and the city and state of residence of such individual or the city and state in which the primary office of such organization is located''; On page 2, in line 5, preceding the period, by inserting ``and the city and state of residence of such individual or the city and state in which the primary office of such organization is located''; following line 11, by inserting: ``(c) (1) Unfair political advertising involving a state office is the use of a candidate's voting record, on any legislative measure which involved more than one material issue in such legislative measure, in any paid political advertising without including in such political advertising, a statement that other issues were included in the legislative measure which are not addressed in the advertisement. (2) Unfair political advertising involving a state officer is a class C misdemeanor. (d) It shall be a defense to a prosecution or imposition of a civil fine under this section if the defendant has secured a written certification from the person responsible for the advertising that such person has included the information required by this section in such advertisement.''; On page 3, by striking all in lines 6 through 8 and inserting the following: ``(F) costs associated with internal organizational communications of business, labor, professional or other associations;''; On page 5, in line 2, by striking ``a resident'' and inserting ``on the ballot''; and the bill be passed as amended. The Committee on Governmental Organization and Elections recommends SB 145, as amended by Senate Committee of the Whole, be amended On page 5, in line 21, before ``When'' by inserting ``(a)''; in line 24, by striking ``The'' and inserting ``Except as provided by subsection (b), the''; in line 27, by striking ``(a)'' and inserting ``(1)''; in line 28, by striking ``(b)'' and inserting ``(2)''; in line 29, by striking ``(c)'' and inserting ``(3)''; On page 6, following line 9, by inserting: ``(b) The restrictions in subsection (a) relating to where a county election officer may transmit an advance voting ballot shall not apply to an advance voting ballot requested pursuant to an application for an advance voting ballot filed by a sick, physically disabled or illiterate voter.'' On page 13, by striking all in lines 9, 10 and 11 and inserting: ``Sec. 8. K.S.A. 22a-102 is hereby amended to read as follows: 22a-102. No person shall be eligible for nomination to the office of district attorney unless such person shall have been regularly admitted to practice law in the state of Kansas for five
(5)years next preceding his nomination for such office:Provided,That. An attorney who shall have been a county attorney, assistant county attorney or assistant district attorney for the three(3)years immediately precedinghisnomination as district attorney shall be eligible for nomination. A person so qualified may become a candidate for election to the office of district attorney by either one of the following methods: (a) Any person who is a qualified elector of any judicial district in which a district attorney is to be elected and who is otherwise qualified under this act may petition to be a candidate for district attorney of such judicial district by filing in the office of the secretary of state a petition forhiscandidacy, signed by not less thanfive percent (5%)5% of the March 20, 1997 483 qualified electors of such judicial district who voted for the office of secretary of state at the last preceding general election; or (b) Any person who is a qualified elector of any judicial district in which a district attorney is to be elected and who is otherwise qualified under this act may become a candidate for district attorney of such judicial district by filing in the office of the secretary of state a declaration of intent to be such a candidate and payment therewith of a filing fee in an amount equal toone percent (1%)1% of the annual salary for such office. (c) Any such petition or declaration of intentmust be filed at the time and in the manner and form provided in K.S.A. 25-205, to the extent the provisions thereof are not in conflict with this act, andfiled by a candidate to run in the primary election held in accordance with K.S.A. 25-203, and amendments thereto, shall be filed no later than 12:00 noon, June 10, prior to such primary election, or if such date falls on Saturday, Sunday or a holiday, then before 12:00 noon of the next following day that is not a Saturday, Sunday or a holiday. Any such petition or declaration of intent filed by an independent candidate for the office of district attorney shall be filed no later than 12:00 noon on the Monday preceding the date fixed for the holding of primary elections in accordance with K.S.A. 25-203, and amendments thereto. All laws applicable to the election of other state officers shall apply to elections of district attorneys to the extent the same are not in conflict with this act. Sec. 9. K.S.A. 1996 Supp. 25-105 is hereby amended to read as follows: 25-105. Except as otherwise provided by law, the county election officer shall cause notice of the time of the holding of any general election to be published once at least 15 days before such election, except in the case of special elections, when 10 days' notice shall be given. Such notice shall be published in a paper or papers having circulation in such county. Such notice shall state the date and times of such election, the name of each person nominated for any public office to be voted upon and any propositions to be voted upon. If such election is not held in conjunction with another election for which notice of voting areas and polling places has been published, the notice required by this section shall also include such information. When the names to appear on general election ballots are definitely known and no later than 25 days prior to any general election, the county election officer shall mail a copy of such notice to each person nominated for any public office, except candidates for president and vice president of the United States, and to judicial retention candidates. Sec. 10. K.S.A. 1996 Supp. 25-306b is hereby amended to read as follows: 25-306b.(a) AnyNo person who has been nominated by any means whatsoever for any national, state, county or township office may cause such person's name to be withdrawn from nominationby a request in writing, signed by the person and acknowledged before an officer qualified to take acknowledgments of deeds. Any such request shall be filed with the secretary of state in the case of national and state offices and with the county election officer in the case of county and township offices. Except as provided in subsection (b) of this section, in the case of national and state offices, any such request shall be filed within seven days, including Saturdays, Sundays and holidays, after the meeting of the state board of canvassers for the final canvass of primary election provided for in K.S.A. 25-3205 and amendments thereto. Except as provided in subsection (b) of this section, in the case of county and township offices, any such request shall be filed within 10 days after the meeting of the county board of canvassers to canvass the primary election as provided in K.S.A. 25-3104 and amendments thereto. No name withdrawn as provided in this section shall be printed on the ballots for such office for the general election. (b) Whenever there has been a vacancy which occurred from a withdrawal under this section, and such vacancy was filled according to law, the person filling the vacancy may cause such person's name to be withdrawn from nomination in the manner provided in subsection (a) of this section at any time prior to the 40th day before the general electionafter the day of the primary election. Sec. 11. K.S.A. 25-308 is hereby amended to read as follows: 25-308. (a) Any certificate of nomination, nomination petitions or declaration of intention to become a candidate, filed or issued in apparent conformity with law, shall be deemed to be valid unless: (1) Objection thereto is made in writing within three days from the date the certificate, petitions or declaration is filed with or issued by the proper officers; or 484 JOURNAL OF THE HOUSE (2) in the case of certificates of nomination, nomination petitions and declarations of intention to become a candidate, the secretary of state or the county election officer finds them to be invalid pursuant to K.S.A. 25-208a, and amendments thereto. (b) If the secretary of state or the county election officer finds any certificates of nomination, nomination petitions or declaration of intention to become a candidate to be invalid pursuant to K.S.A. 25-208a, and amendments thereto, the candidate on whose behalf the certificates, petitions or declaration was filed may make objection to such finding in writing within three days of receipt by the candidate of notice of such finding. (c) In the case of nominations of national and state officers, objections shall be filed with the secretary of state and shall be considered by the lieutenant governor, secretary of state, and attorney general, and a decision of a majority of these officers shall be final. In the case of nominations for county, township, city and school officers, objections shall be filed with the county election officer and shall be considered by the county election officer, clerk of the district court and county attorney or district attorney, and a decision of a majority of these officers shall be final. (d) In any case where objection is made, notice shall forthwith be given, by the officer with whom the objections are filed, to the other officers required to determine the matter and to the candidates affected thereby, addressed in the case of candidates to their places of residence as given in the nomination petitions, declaration of intention to become a candidate or certificate of nomination. The notice shall state the time when the objection will be considered, which shall be not more than five days following the giving of such notice in the case of nomination of a national or state officer and not more than three days following the giving of such notice in the case of nomination of a county, township, city or school officer, and the place where such objections will be considered. (e) The causes for objection under this section as to any office may be any of those causes listed in K.S.A. 25-1436, and amendments thereto. The officers determining any objections under this section may assess any costs arising therefrom to either the objector or objectee in accordance with the determination made. Such costs shall be paid to the secretary of state or the county election officer, as the case may be, and deposited thereby in the treasury of the state or county to the credit of its general fund. If such costs are not paid within 10 days after the same are fixed, the secretary of state or county election officer shall make a certificate of the facts and file it with the clerk of the district court in the county where the person owing the same resides, and such clerk of the district court shall cause the same to be collected as in cases of collection of court costs, and when so collected the same shall be disposed of as are court costs in such district court. (f) All mandamus proceedings to compel an officer to certify and place upon the ballot any name or names, and all injunction proceedings to restrain an officer from certifying and placing upon the ballot any name or names, must be commenced not less than3045 days before the election. Sec. 12. K.S.A. 25-1903 is hereby amended to read as follows: 25-1903. (a) A person may become a candidate for election to the office of state board member by either one of the methods provided in this section. (1) Any person who is an elector of any board member district may petition to be a candidate for member of the state board from the board member district in which such person resides. Any such person shall file with the secretary of state a petition for the candidacy of such person signed by not less thantwo hundred (200)200 electors residing in such board member district. (2) Any person who is an elector of any board member district may become a candidate for member of the state board from the board member district in which such candidate resides by filing in the office of the secretary of state a declaration of intent to be such a candidate and paymenttherewithof a filing fee in the amount oftwenty-five dollars ($25)$25. (b) Any such petition or declaration of intentmust be filed in the form, and at the time and in the manner provided in K.S.A. 25-205, as amended, to the extent the provisions thereof are not in conflict with this actfiled by a candidate to run in the primary election held in accordance with K.S.A. 25-203, and amendments thereto, shall be filed no later than 12:00 noon, June 10, prior to such primary election, or if such date falls on Saturday, Sunday or a holiday, then before 12:00 noon of the next following day that is not a Saturday, Sunday or a holiday. Any such petition or declaration of intent filed by an independent candidate March 20, 1997 485 for the office of state board member shall be filed no later than 12:00 noon on the Monday preceding the date fixed for the holding of primary elections in accordance with K.S.A. 25203, and amendments thereto. Sec. 13. K.S.A. 1996 Supp. 25-2309 is hereby amended to read as follows: 25-2309. (a) Any person may apply in person, by mail, through a voter registration agency, or by other delivery to a county election officer to be registered. Such application shall be made on: (1) A form approved by the secretary of state, which shall be provided by a county election officer or chief state election official upon request in person, by telephone or in writing; or (2) the mail voter registration application prescribed by the federal election commission. Such application shall be signed by the applicant under penalty of perjury and shall contain the original signature of the applicant or the computerized, electronic or digitized transmitted signature of the applicant. (b) Applications made under this section shall give voter eligibility requirements and such information as is necessary to identify the applicant and to determine the qualifications of the applicant as an elector and the facts authorizing such person to be registered, including, but not limited to, the following data: (1) Name; (2) place of residence, including specific address or location, and mailing address if the residence address is not a permissible postal address; (3) date of birth; (4) sex; (5) telephone number, if available; (6) naturalization data (if applicable); (7) if applicant has previously registered or voted elsewhere, residence at time of last registration or voting; (8) when present residence established; (9) name under which applicant last registered or voted, if different from present name; (10) an attestation that the applicant meets each eligibility requirement; (11) a statement that the penalty for submission of a false voter registration application is a maximum presumptive sentence of 17 months in prison; (12) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; (13) a statement that if an applicant does register to vote, the office to which a voter registration application is submitted will remain confidential and will be used only for voter registration purposes; and (14) political party affiliation declaration, if any. An applicant's failure to make a declaration will result in the applicant being registered as an unaffiliated voter. If the application discloses any previous registration in any other county or state, as indicated byitem (7) or item (9)paragraph (7) or (9), or otherwise, the county election officer shall upon the registration of the applicant, give notice to the election official of the place of former registration, notifying such official of applicant's present residence and registration, and authorizing cancellation of such former registration. (c) Any person who applies for registration through a voter registration agency shall be provided with, in addition to the application under subsection (b), a form which includes: (1) The question ``If you are not registered to vote where you live now, would you like to apply to register to vote here today?''; (2) a statement that if the applicant declines to register to vote, this decision will remain confidential and be used only for voter registration purposes; (3) a statement that if the applicant does register to vote, information regarding the office to which the application was submitted will remain confidential and be used only for voter registration purposes; and (4) if the agency provides public assistance, (i) the statement ``Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.''; (ii) boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote, together with the statement ``IF YOU DO NOT 486 JOURNAL OF THE HOUSE CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.''; (iii) the statement ``If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.''; and (iv) the statement ``If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Kansas Secretary of State, 300 SW 10th St., Topeka, KS 66612-1594.'' (d) If any person, in writing, declines to register to vote, the voter registration agency shall maintain the form prescribed by subsection (c). (e) A voter registration agency shall transmit the completed registration application to the county election officer not later than five days after the date of acceptance. Upon receipt of an application for registration, the county election officer shall send, by nonforwardable first-class mail, a notice of disposition of the application to the applicant at the postal delivery address shown on the application. If a notice of disposition is returned as undeliverable, a confirmation mailing prescribed by K.S.A. 25-2316c, and amendments thereto, shall occur. (f) If an application is received while registration is closed, such application shall be considered to have been received on the next following day during which registration is open. (g) A person who completes an application for voter registration shall be considered a registered voter when the county election officer adds the applicant's name to the county voter registration list.(g)(h) Any registered voter whose residence address is not a permissible postal delivery address shall designate a postal address for registration records. When a county election officer has reason to believe that a voter's registration residence is not a permissible postal delivery address, the county election officer shall attempt to determine a proper mailing address for the voter. Sec. 14. K.S.A. 1996 Supp. 25-2311 is hereby amended to read as follows: 25-2311. (a) County election officers shall provide for the registration of voters at one or more places on all days except the following: (1) Days when the main offices of the county government are closed for business, except as is otherwise provided by any county election officer under the provisions of K.S.A. 252312 and amendments thereto; (2) days when the main offices of the city government are closed for business, in the case of deputy county election officers who are city clerks except as is otherwise provided by any county election officer under the provisions of K.S.A. 25-2312 and amendments thereto; (3) the 14 days preceding the day of primary and general state elections; (4) the 14 days preceding the day of primary city and school elections, if either has a primary; (5) the 14 days preceding each first Tuesday in April of odd-numbered years, being the day of city and school general elections; (6) the 14 days preceding the day of any election other than one specified in paragraphs (3), (4) and (5) of this subsection; and (7) the day of any primary or general election or any question submitted election. (b) For the purposes of this section in counting days that registration books are to be closed, all of the days including Sunday and legal holidays shall be counted. (c) The secretary of state shall notify every county election officer of the dates when registration shall be closed preceding primary and general state, city and school elections. The days so specified by the secretary of state shall be conclusive. Such notice shall be given by the secretary of state by mail at least 60 days preceding every primary and general state, city and school election. (d) The last days before closing of registration books as directed by the secretary of state under subsection (c) of this section, county election officers shall provide for registration of voters during regular business hours, during the noon hours and at other than March 20, 1997 487 regular business hours upon such days as the county election officers deem necessary. The last three business days before closing of registration books prior to state primary and general elections, county election officersshallmay provide for registration of voters until 9:00 p.m. in cities of the first and second class. (e) County election officers shall accept and process applications received by voter registration agencies and the division of motor vehicles not later than the 15th day preceding the date of any election; mailed voter registration applications that are postmarked not later than the 15th day preceding the date of any election; or, if the postmark is illegible or missing, is received in the mail not later than the ninth day preceding the day of any election. (f) The secretary of state may adopt rules and regulations interpreting the provisions of this section and specifying the days when registration shall be open, days when registration shall be closed, and days when it is optional with the county election officer for registration to be open or closed. (g) Before each primary and general election held in even-numbered years, and at times and in a form prescribed by the secretary of state, each county election officer shall certify to the secretary of state the number of registered voters in each precinct of the county as shown by the registration books in the office of such county election officer. Sec. 15. K.S.A. 22a-102, 25-308, 25-1903 and 25-3301 and K.S.A. 1996 Supp. 25-105, 25-306b, 25-1122, 25-1123, 25-1124, 25-1128, 25-2309, 25-2311, 25-2316c and 25-2908 are hereby repealed.''; By renumbering section 9 as section 16; In the title, by striking all in lines 12 through 17 and inserting: ``AN ACT concerning elections; relating to advance voting; relating to voter registration; relating to candidates; amending K.S.A. 22a-102, 25-308, 25-1903 and 25-3301 and K.S.A. 1996 Supp. 25-105, 25-306b, 25-1122, 25-1123, 25-1124, 25-1128, 25-2309, 25-2311, 252316c and 25-2908 and repealing the existing sections.''; and the bill be passed as amended. The Committee on Governmental Organization and Elections recommends SB 205 be amended on page 1, by striking all in line 37 and inserting: ``Sec. 2. K.S.A. 1996 Supp. 80-915 is hereby amended to read as follows: 80-915. Whenever any cemetery association or corporation maintaining or owning a cemetery shall desire to convey such cemetery to the municipal township in which the cemetery is located for the purpose of making the cemetery a public burying ground, it shall be lawful for the township board to receive and take over the management and control of such cemetery upon such terms as may be agreed upon. When such cemetery becomes the property of the township it shall be the duty of the township to maintain the same at an annual expense of not less than $25 nor more than $100. Nothing in this act shall be construed to restrict or modify other public cemetery acts. Except as provided in K.S.A. 1996 Supp. 80-941 and section 3, and amendments thereto, no township board shall agree to take over any such cemetery where the township already has and maintains a public cemetery. New Sec. 3. (a) The township board of Tecumseh township in Shawnee county is hereby authorized to acquire from the Bethel cemetery association, with the consent of such association, the following described cemetery property and any improvements thereon: Beginning at a point on the south line 20 feet west of the southeast corner of the northwest quarter of section 13 in township 12 of range 16 west of the 6th P.M., Shawnee county, Kansas, thence running north 27 rods, thence west 12 rods, thence south 27 rods to the south line of such quarter, thence east to the point of beginning. (b) Upon the conveyance of the cemetery property under subsection (a), title to all such property shall vest in Tecumseh township, and the permanent maintenance fund, if any, together with any investments then outstanding, and all books, records and papers of such cemetery shall be transferred to the treasurer of such township and shall become the property thereof. Upon the transfer of such property and funds, the township board shall care for and maintain such cemetery with any moneys of the cemetery corporation including the principal of and income from the permanent maintenance fund, if any; and, if such moneys are insufficient to properly maintain such cemetery, with funds of the township. The principal of and income from the permanent maintenance fund may be deposited in any appropriate fund of the township or may be invested in the manner provided for other township money, but shall be used exclusively for care and maintenance of such cemetery. 488 JOURNAL OF THE HOUSE Sec. 4. K.S.A. 1996 Supp. 80-1501 is hereby amended to read as follows: 80-1501. (a) Any township or county may join with a municipality in the maintenance of a fire department for the prevention and fighting of fires within their boundaries. The cost of equipment and maintenance, the payment of compensation to firefighters, the rent or purchase of buildings shall be paid in such proportion as agreed upon by the parties. The supervision and control of the department shall be with the governing body of the municipality if the municipality joins with a township or county. The fire department members may be paid or may be volunteers and shall be subject to such rules and regulations as the municipalities adopt. Such departments, when organized, may incorporate as firefighters' relief associations, and such associations shall come within the purview and be subject to the provisions of and entitled to the rights under article 17, chapter 40, of the Kansas Statutes Annotated and amendments thereto. (b) When a municipality and a township join, the agreements shall be entered into by the municipality by ordinance and by the township or county by resolution, and the agreement as set out in the ordinance and resolution shall be signed by the mayor of the city and attested by the city clerk and, in the case of a township shall be signed by the township trustee and attested by the township clerk and, in the case of a county shall be signed by the chairperson of the board of county commissioners and attested by the county clerk. The agreement shall state the amount each party shall contribute, the rules and regulations governing the department, and such other matter as may be necessary to fully set out the duties and responsibilities of the parties, and the agreement may be amended or changed or added to by mutual agreement of the parties in the same manner as that in which the original contract was entered into. Such agreement may be terminated if one party passes or adopts an ordinance or resolution declaring its intention to carry out the agreement no longer. When an agreement is terminated, one party may pay the other for its share of the equipment or apparatus or the apparatus may be sold. Any money in the treasury shall be divided pro rata as it was paid in. No election shall be required to authorize the township board, board of county commissioners or governing body of any municipality to enter into such agreement, but the township board, board of county commissioners or governing body of a municipality shall have the power to decide whether to enter into such contract. (c) The governing body of any joint fire department created pursuant to this section may reorganize itself as a consolidated fire district in the manner provided for the consolidation of fire districts pursuant to K.S.A. 1996 Supp. 12-3910 et seq., and amendments thereto. Sec. 5. K.S.A. 1996 Supp. 80-410, 80-915 and 80-1501 are hereby repealed.''; And by renumbering section 3 as section 6; Also on page 1, in line 39, by striking ``statute book'' and inserting ``Kansas register''; In the title, by striking all in lines 11 and 12 and inserting: ``AN ACT concerning townships; relating to the powers, duties and functions thereof; amending K.S.A. 1996 Supp. 80-410, 80-915 and 80-1501 and repealing the existing sections.''; and the bill be passed as amended. The Committee on Health and Human Services recommends SB 165, as amended by Senate Committee, be passed. The Committee on Health and Human Services recommends SB 220, as amended by Senate Committee, be amended on page 2, by striking all in lines 9 through 14 and inserting in lieu thereof the following: ``(e) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from ordering, authorizing or directing physical therapy services pursuant to K.S.A. 65-2901 et seq. and amendments thereto. (f) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from entering into a co-management relationship with an optometrist pursuant to K.S.A. 1996 Supp. 65-1501 et seq. and amendments thereto.''; Also on page 2, in line 15, by striking ``(f)'' and inserting in lieu thereof ``(g)''; On page 4, in line 27, by striking ``adequately'' and inserting in lieu thereof ``properly''; and the bill be passed as amended. March 20, 1997 489 The Committee on Transportation recommends SB 118 be amended on page 1, following line 20, by inserting the following: ``Sec. 2. Notwithstanding any other law, pursuant to section 44(a)(2) of the federal deposit insurance act, 12 U.S.C. 1831u(a)(2), a Kansas bank may not engage in a merger transaction involving an out-of-state bank. Sec. 3. For the purposes of sections 2 through 4: (a) ``Bank'' means an insured bank as defined in section 3(h) of the federal deposit insurance act, 12 U.S.C. 1813(h); (b) ``Kansas bank'' means any bank, as defined in subsection (a), which, in the case of a state chartered bank, is a bank chartered under the authority of the state of Kansas, and, in the case of a national banking association, is a bank with the bank's main office located in Kansas; (c) ``out-of-state bank'' means a bank that is: (1) A national bank having the bank's main office in a state other than this state; or (2) a state-chartered bank chartered by a state other than this state; (d) ``merger transaction'' has the meaning defined in section 44 (f)(7) of the federal deposit insurance act, 12 U.S.C. 1831u(f)(7), and includes 12 U.S.C. 1828(c)(1) and (2). Sec. 4. The provisions of sections 2 and 3 shall be subject to review by the legislature on or after July 1, 2000.''; And by renumbering section 2 as section 5; Also on page 1, in the title, in line 9, by striking all following ``concerning''; in line 10, by striking all preceding the period and inserting ``commercial and financial institutions and transactions''; and the bill be passed as amended. Upon unanimous consent, the House referred back to the regular order of business, Introduction of Bills and Concurrent Resolutions. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: HB 2539, An act concerning the Kansas bureau of investigation; relating to criminal history record information; authorizing certain fees; establishing the criminal history record check fee fund, by Committee on Appropriations. INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS The following resolution was introduced and read by title: HOUSE RESOLUTION No. 6012-- By Committee on Agriculture A RESOLUTION urging the Legislature of the State of Kansas, the Secretary of Agriculture of the State of Kansas and the United States Department of Agriculture to continue communication efforts with and assist small meat processing plants in compliance efforts relating to meat and poultry inspection and requesting the Legislative Coordinating Council to authorize an interim study on the state's compliance efforts. WHEREAS, The United States Department of Agriculture's Food Safety and Inspection Service has recently developed new regulations relating to meat and poultry production and inspection; and WHEREAS, These new regulations relate to written sanitation standard operating procedures, sampling and testing, development and implementation of food safety systems and development of a microbiological sampling program; and WHEREAS, The State of Kansas currently maintains an ``equal to'' status with the Federal requirements; and WHEREAS, The Legislature of the State of Kansas and the Secretary of Agriculture of the State of Kansas has and will always require that meat and poultry products are processed in a safe, healthy and sanitized manner; and WHEREAS, Small meat processing plants will incur costs in implementing these new regulations; and WHEREAS, The continued existence of small meat processing plants is extremely important to the economy of many small towns throughout the State of Kansas; and 490 JOURNAL OF THE HOUSE WHEREAS, Small meat processors must improve their efforts at representation of their interests through better organization and increased involvement in the regulatory process that effects their industry at the state and federal levels; and WHEREAS, The United States Department of Agriculture's Food Safety and Inspection Service indicated that no small meat processing plants should go out of business as a result of implementation of the new regulations. The service indicated that communication between the Federal government, the Secretary of Agriculture, the Legislature and the small meat processing plants related to the actual effects of implementation of these new regulations needs to be greatly improved; and WHEREAS, The Secretary of Agriculture should suggest an array of alternatives that would enable the state to comply with the Federal requirements and still maintain the state's small meat processing plants ongoing existence; and WHEREAS, A better balance must be made regarding the proper implementation of the new federal regulations and the continued existence of small meat processing plants in Kansas and to that end it is imperative that the Legislature of the State of Kansas, the Secretary of Agriculture of the State of Kansas, the United States Department of Agriculture and the small meat processing plants communicate and cooperate to such end: Now, therefore, Be it resolved by the House of Representatives of the State of Kansas: That we urge this body, the Secretary of Agriculture of the State of Kansas and the United States Department of Agriculture to continue communications with small meat processing plants and urge the Secretary of Agriculture of the State of Kansas to consider the impact and ramifications of implementation of the new state regulations on small meat processing plants throughout the state with emphasis on complying with federal requirements without losing any small meat processing plants; and Be it further resolved: That we request the Legislative Coordinating Council to authorize a 1997 interim study on the implementation of these new Federal requirements, effects of such requirements on small meat processing plants and efforts by the Secretary of Agriculture to assist small meat processing plants in meeting the Federal requirements; and Be it further resolved: That the Chief Clerk of the House of Representatives be directed to send enrolled copies of this resolution to the Secretary of Agriculture of the State of Kansas, the Secretary of Agriculture of the United States, each member of the Legislative Coordinating Council and each member of the Kansas Congressional Delegation. On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Friday, March 21, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+