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


                             FORTY-NINTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                              TOPEKA, KAN., Monday, March 24, 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. O'Neal was excused on excused absence by the Speaker.
  Present later: Rep. O'Neal.
  Prayer by Chaplain Washington:
   Gracious and All-Wise Father,
     It is said that in 1893, during the Chicago World's Fair, that some
   social analysts, seeing the greatness of this country, tried to forecast
   100 years into the future. They predicted that by the 1990s, government
   will have grown more simple. Their premise was that true greatness always
   tends toward simplicity. They also predicted that prisons would decline
   and divorce would be considered unnecessary.
     Lord, our future is really in Your Hands. And since true greatness can
   only be defined by You, Lead us to make decisions in accord with Your
   will, guided by Your Word.
     You assure us, in Psalm 1:1-3, that blessedness and prosperity will
   follow us if we walk according to Your Word. Lord, without question, You
   make accurate predictions.
     Lead us day by day in all our deliberations.
     I come to You in the Name of The Christ, Amen.

INTRODUCTION OF GUESTS

  Rep. Tomlinson introduced Tom and Kim Hoa Fox, parents of Catherine Fox who
won two gold medals at the 1996 Summer Olympics in Atlanta in swimming. They
were accompanied by Joan Wendel, Mayor, and Frank Denning, Chief of Police,
both of Roeland Park.
  Rep. Reardon, who was one of Catherine's teachers, addressed a few remarks
to the members of the House. Rep. Lane also addressed a few remarks, as well
as Mr. Fox, who showed the gold medals to the members of the House.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Appropriations: HB 2540, 2541, 2542; SB 104, 373.
  Federal and State Affairs: SB 140 (separately).
  Judiciary: SB 140 (separately).
  Taxation: SB 337 (separately).
  Tourism: HCR 5024; SB 325, 337 (separately).

CONSENT CALENDAR

  Objection was made to SB 282  appearing on the Consent Calendar; the
bill was placed on the calendar under the heading of General Orders.

                                 March 24, 1997                             525

  No objection was made to SB 58, 190 appearing on the Consent Calendar
for the first day.
  No objection was made to SB 123, 365 appearing on the Consent
Calendar for the second day.
  No objection was made to Sub. SB 185; SB 303 appearing on the Consent
Calendar for the third day. The bills were advanced to Final Action on Bills
and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  Sub. SB 185, An act concerning the uniform commercial code;
authorizing rules and regulations, was considered on final action.
  On roll call, the vote was: Yeas 119; Nays 3; 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, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, 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, Mayans, Mays,
McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, 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, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.
  Nays: Garner, McKechnie, Spangler.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal, Swenson.
  The substitute bill passed.
  SB 303, An act concerning health care provider liability insurance;
discontinuing making of assessments; amending K.S.A. 40-12a02, 40-12a04,
40-12a05, 40-12a06 and 40-12a08 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 121; Nays 2; 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, Mayans,
Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, 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, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Nays: McKechnie, Spangler.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal.
  The bill passed.
  SB 32, An act concerning filing financing statements of security
interests; purchase price of consumer good; amending K.S.A. 84-9-302 and
repealing the existing section, was considered on final action.
  On roll call, the vote was: Yeas 122; Nays 1; Present but not voting 0;
Absent or not voting 2.

526                           JOURNAL OF THE HOUSE

  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, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, Nichols, O'Connor, 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, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wempe, Wilk, Wilson.
  Nays: Spangler.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal.
  The bill passed, as amended.
  SB 65, An act concerning school districts; relating to the provision
of educational services in a regular school setting for certain persons, was
considered on final action.
  On roll call, the vote was: Yeas 104; Nays 19; 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, Garner, Geringer, Gilbert, Glasscock, Gregory,
Haley, Hayzlett, Helgerson, Henry, Holmes, Horst, Huff, Humerickhouse,
Hutchins, Jennison, Johnston, Kejr, Phil Kline, Phill Kline, Krehbiel,
Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, O'Connor, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Tanner,
Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wempe, Wilson.
  Nays: Franklin, Freeborn, Gilmore, Grant, Henderson, Howell, Johnson, Kirk,
Klein, McKechnie, Nichols, Packer, Powers, Shallenburger, Shore, Storm,
Swenson, Vickrey, Wilk.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal.
  The bill passed, as amended.
  SB 117, An act relating to motor vehicles; providing for license
plates for recipients of the congressional medal of honor; amending K.S.A.
1996 Supp. 8-1,141 and repealing the existing section, 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, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Myers, Neufeld, Nichols, O'Connor, 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.

                                 March 24, 1997                             527

  Absent or not voting: Dean, O'Neal.
  The bill passed.
  SB 131, An act concerning school buses; relating to the operation and
use thereof; amending K.S.A. 1996 Supp.8-2009a and 72-8316 and repealing the
existing sections, was considered on final action.
  On roll call, the vote was: Yeas 107; Nays 16; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon,
Dreher, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett,
Helgerson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins,
Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans,
Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, O'Connor, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Samuelson,
Sawyer, Schwartz, Shallenburger, Shore, Showalter, Shriver, Shultz, Sloan,
Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle,
Weber, Weiland, Welshimer, Wempe, Wilk, Wilson.
  Nays: Alldritt, Crow, Edmonds, Feuerborn, Garner, Haley, Henderson,
Kuether, McKechnie, Nichols, Ruff, Sharp, Spangler, Swenson, Vickrey, Wells.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal.
  The bill passed, as amended.
  SB 132, An act concerning banks and banking; amending K.S.A. 1996
Supp. 9-1101, 91104 and 9-1111 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 120; Nays 3; 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, Mayans,
Mays, McClure, McCreary, Minor, Mollenkamp, Morrison, Myers, Neufeld,
Nichols, O'Connor, 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, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe,
Wilk, Wilson.
  Nays: McKechnie, McKinney, Spangler.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal.
  The bill passed, as amended.
  SB 222, An act concerning school districts; relating to leases and
lease-purchase agreements entered into by boards of education; amending
K.S.A. 72-8225 and repealing the existing section, was considered on final
action.
  On roll call, the vote was: Yeas 72; Nays 51; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Bradley, Campbell,
Carmody, Cox, Crow, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Garner, Gilbert, Gilmore, Gregory, Haley,
Helgerson, Henderson, Henry, Horst, Huff, Johnston, Kirk, Phil Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, Mayans, McClure,
Morrison, Myers, Nichols, Pauls, E. Peterson, Phelps, Pottorff, Powell,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Shore,
Showalter, Shriver,

528                           JOURNAL OF THE HOUSE

Shultz, Sloan, Spangler, Storm, Thimesch, Toelkes, Tomlinson, Vining,
Weiland, Wells, Welshimer, Wempe.
  Nays: Aurand, Ballou, Boston, Burroughs, Compton, Correll, Dahl, Edmonds,
Flower, Franklin, Freeborn, Geringer, Glasscock, Grant, Hayzlett, Holmes,
Howell, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Klein, Phill Kline,
Lloyd, P. Long, Mason, Mays, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Neufeld, O'Connor, Osborne, Packer, Palmer, J. Peterson, Powers,
Schwartz, Shallenburger, Stone, Swenson, Tanner, Toplikar, Vickrey, Wagle,
Weber, Wilk, Wilson.
  Present but not voting: None.
  Absent or not voting: Dean, O'Neal.
  The bill passed.
                              EXPLANATION OF VOTE
  Mr. Speaker: I vote ``no'' on SB 222. Mine is not a vote against the
purposes to which funding in the lease purchase of equipment to upgrade
technical capabilities in the Wichita School district will be put. I am even
pleased that the Board says they were able to save interest money on the
financing which was arranged for the purchase.
  But Mr. Speaker, it appears to me that the transaction which is behind this
bill circumvents common safeguards in the laws affecting purchases through
floating bond issues. The laws of Kansas have been in place for a very time
vis a vis the authorization of bond issues for schools.  Statutes
suggest that bond issues shall be put to a vote.--Ralph M. Tanner

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Morrison, the House nonconcurred in Senate amendments to
HB 2137 and asked for a conference.
  Speaker pro tem Wagle thereupon appointed Reps. Mayans, Gilmore and Henry
as conferees on the part of the House.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Weber in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Weber, Committee of the Whole report, as follows, was
adopted:
  Recommended that Sub. SB 24 be passed.
  Committee report to HB 2278 be adopted; also, on motion of Rep.
Toelkes be amended on page 1, in line 24, by inserting before ``regularly''
the following: ``, if the operator of the adult care home has elected to make
persons who regularly volunteer in the adult care home subject to the
requirements of this section, there''; in line 26, by striking ``has''; in
line 27, by striking all before ``has'' in line 30, after ``thereto'' by
inserting ``, except K.S.A. 21-3605 and amendments thereto,''; in line 31, by
striking ``(D)'' and inserting ``(C)''; in line 39, before the comma, by
inserting ``except K.S.A. 21-3605 and amendments thereto'';
  On page 3, in line 6, by striking ``(c)(5)'' and inserting ``(c)(4)''; in
line 7, before ``regularly'' by inserting ``, if the operator has elected to
make persons who regularly volunteer in the adult care home subject to the
requirements of this section,''; in line 8, before ``as'' by inserting ``, if
the operator has elected to make persons who regularly volunteer in the adult
care home subject to the requirements of this section,''; in line 16, after
the period, by inserting ``For the purpose of complying with this section,
information relating to convictions and adjudications by the federal
government or to convictions and adjudications in states other than Kansas
shall not be required until such time as the secretary of health and
environment determines the search for such information could reasonably be
performed and the information obtained within a two-week period.''; after
line 34, by inserting the following:
  ``(g)  No person who works for an adult care home and who is currently
licensed or registered by an agency of this state to provide professional
services in the state and who provides such services as part of the work
which such person performs for the adult care home shall be subject to the
provisions of this section.'';
  And by relettering subsections accordingly;

                                 March 24, 1997                             529

  Also on page 3, in line 35, by striking all after ``A''; in line 36, by
striking all before ``shall'' and inserting ``person who volunteers in an
adult care home''; in line 37, before the period, by inserting ``unless the
operator of the adult care home in which such person volunteers elects by
written notice to the secretary of health and environment to make all persons
who regularly volunteer in such adult care home subject to the requirements
of this section''; in line 41, by inserting before ``regularly'' the
following: ``, if the operator of the home health agency has elected to make
persons who regularly volunteer to assist the home health agency subject to
the requirements of this section, there''; in line 43, by striking ``has'';
  On page 4, in line 1, by striking all before ``has''; in line 4, after
``thereto'' by inserting ``, except K.S.A. 21-3605 and amendments thereto,'';
in line 5, by striking ``(D)'' and inserting ``(C)''; in line 13, before the
comma, by inserting ``except K.S.A. 21-3605 and amendments thereto'';
  On page 5, in line 23, before ``regularly'' by inserting ``, if the
operator has elected to make persons who regularly volunteer to assist the
home health agency subject to the requirements of this section,''; in line
24, before ``as'' by inserting ``, if the operator has elected to make
persons who regularly volunteer to assist the home health agency subject to
the requirements of this section,''; in line 28, before ``No'' by inserting
``For the purpose of complying with this section, information relating to
convictions and adjudications by the federal government or to convictions and
adjudications in states other than Kansas shall not be required until such
time as the secretary of health and environment determines the search for
such information could reasonably be performed and the information obtained
within a two-week period.'';
  On page 6, after line 4, by inserting the following:
  ``(g)  No person who works for a home health agency and who is currently
licensed or registered by an agency of this state to provide professional
services in this state and who provides such services as part of the work
which such person performs for the home health agency shall be subject to the
provisions of this section.'';
  And by relettering subsections accordingly;
  Also on page 6, in line 5, by striking all after ``A''; in line 6, by
striking all before ``shall'' and inserting ``person who volunteers to assist
a home health agency''; in line 7, before the period, by inserting ``unless
the operator of the home health agency for which such person volunteers
elects by written notice to the secretary of health and environment to make
all persons who regularly volunteer to assist such home health agency subject
to the requirements of this section'';
  On page 1, in the title, in line 19, by striking ``or'' the first time it
appears and inserting ``and on certain persons''; and HB 2278 be passed
as amended.
  Committee report to SB 205 be adopted; also, on motion of Rep. Mays
be amended on page 3, following line 42, by inserting:
  ``Sec. 5.  K.S.A. 68-102 is hereby amended to read as follows: 68-102.
(a) Except as provided by subsection (b), applications for laying out
roads, or for viewing, reviewing, altering or vacating any road, shall be by
petition to the board of county commissioners, signed by at least twelve
(12) 12 householders of the county residing in the vicinity where
said the road is to be laid out, viewed, reviewed, altered or
vacated; and one or more of the signers of any petition presented as
aforesaid shall enter into. At least one of the petitioners shall
post a bond with sufficient sureties, payable to the state of Kansas for
the use of the county, to be approved by the county commissioners,
conditioned that the person signing such bond shall pay into the treasury of
the county the amount of all costs and expenses accruing on said
the location, view, review, alteration or vacation, in case the
proceedings had in pursuance of said the petition shall not be
finally confirmed and established; and on neglect. Upon the
failure or refusal of the persons so bound, after a liability shall have
accrued, the county clerk of the county shall collect or cause to be
collected such costs and expenses, and pay the same into the county
treasury: Provided, That in counties having a population
of not more than ninety thousand (90,000) and not less than twelve hundred
(1,200) inhabitants, the board of county commissioners are hereby given
authority to vacate any road of such county without such petition being
signed and presented to them and without the signer of bond as provided
herein when, in their judgment, said. 

530                           JOURNAL OF THE HOUSE

  (b)  The board of county commissioners may vacate any road in the county
whenever the board determines such road is not a public utility by reason
of neglect, nonuse, or inconvenience or from other cause or causes said
such road has become practically impassable and the necessity for
said such road as a public utility does not justify the
expenditure of the necessary funds to repair said such road or
put the same in condition for public travel: Provided
further, That no more than two consecutive miles of road shall be
vacated at any one time.'';
  Also on page 3, by renumbering sections accordingly; in line 43, preceding
``K.S.A.'' by inserting ``K.S.A. 68-102 and'';
  On page 1, in the title, in line 14, by striking all following
``concerning'' and inserting ``certain municipalities; relating to the
powers, duties and functions of the governing bodies thereof;''; in line 15,
preceding ``K.S.A.'' by inserting ``K.S.A. 68-102 and''; and SB 205 be
passed as amended.
  Committee report to SB 110 be adopted; also, on motion of Rep.
Freeborn be amended on page 2, in line 11, by striking ``apply''; in line 12,
by striking all before ``conducting'' and inserting ``be construed to
prohibit a person from carrying a weapon while using artificial light for'';
in line 14, by striking ``while'' and inserting ``when'';
  Also, on motion of Rep. Hutchins to amend SB 110, the motion was
withdrawn. Also, on further motion of Rep. Hutchins to amend, Rep. Powers
offered a motion to rerefer the bill to Committee on Environment. The motion
did not prevail.
  The question then reverted back to the motion of Rep. Hutchins to amend,
which did not prevail, and SB 110 be passed as amended.
  On motion of Rep. P. Long SB 165 be amended on page 11, after line
20, by inserting the following:
  ``Sec. 6.  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, the electrologist license and the senior
cosmetologist license, for licenses renewed on and after July 1, 1996
1997, furnishing evidence satisfactory to the board of the
completion of a minimum of 20 five clock hours biennially
annually of continuing education on health related issues in the
practice of cosmetology 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. Applicants for renewal
of an electrologist license shall furnish with the biennial renewal
application evidence satisfactory to the board of the completion of 10 clock
hours annually of continuing education on health related issues in
electrologist practice approved by the board. 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 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

                                 March 24, 1997                             531

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 on health related issues in the
practice of cosmetology 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 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

532                           JOURNAL OF THE HOUSE

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.
  (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

                                 March 24, 1997                             533

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 11, in line 21, after ``65-1117,'' by inserting ``65-1904,'';
  On page 1, in the title, in line 10, after ``concerning'' by inserting
``public health; relating to''; in line 11, before ``amending'' by inserting
``concerning the state board of cosmetology continuing education
requirements;''; in line 12, after ``65-1117,'' by inserting ``65-1904,'';
  Also, on motion of Rep. Mollenkamp SB 165 be amended on page 4, after
line 37, by inserting the following:
  ``(6)  An individual designated by a provider of continuing nursing
education offerings as an individual responsible for CNE who has held this
position for the provider at least five years immediately prior to January 1,
1997, shall not be required to have a baccalaureate or higher academic degree
in order to be designated by such provider as the individual responsible for
CNE.''; and SB 165 be passed as amended.
  Committee report to HB 2490 be adopted; also, on motion of Rep. Horst
be amended on page 4, in line 11, following ``geology'' by inserting ``by a
licensed professional geologist'';
  On page 6, in line 20, by striking ``performance of geological work'' and
inserting ``practice of geology''; following line 30, by inserting:
  ``(e)  The teaching of geology in a college or university offering an
approved geology curriculum.'';
  On page 7, in line 15, before the period, by inserting ``without further
written examination,''; in line 17, by striking ``registration'' and
inserting ``licensure''; in line 36, by striking ``registration'' and
inserting ``licensure'';
  Also, on motion of Rep. Welshimer to amend HB 2490, the motion did
not prevail. Also, on motion of Rep. Welshimer to rerefer the bill to
Committee on Governmental Organization and Elections, the motion did not
prevail, and the bill be passed as amended.

REPORTS OF STANDING COMMITTEES

  The Committee on Agriculture recommends SB 82, as amended by
Senate Committee, be passed.
  The Committee on Agriculture recommends SB 146, as amended by
Senate Committee, be amended on page 1, in line 20, by striking ``may'' and
inserting ``shall''; in line 21, by striking ``restricted'' and inserting
``registered''; in line 31, by striking ``may'' and inserting ``shall''; in
line 32, by striking ``restricted'' and inserting ``registered'';
  On page 2, in line 6, after ``by'' by inserting ``registered''; and the
bill be passed as amended.
  The Committee on Governmental Organization and Elections recommends
SB 112 be amended by substituting a new bill to be designated as
``House Substitute for SENATE BILL No. 112,'' as follows:
``HOUSE SUBSTITUTE FOR SENATE BILL No. 112
By Committee on Governmental Organization and Elections
``AN ACT concerning campaign finance; changing the name of the Kansas
commission on governmental standards and conduct; limiting certain
contributions; imposing certain penalties; amending K.S.A. 25-4119a,
25-4119e, 25-4153a, 25-4180, 46-246a, 46-253, 46-280 and 46-288 and K.S.A.
1996 Supp. 25-4119f, 25-4143, 25-4145, 25-4152, 254181, 25-4186, 46-236,
46-237, 46-265, 75-4302a and 75-4303a and repealing the existing sections.'';
and the substitute bill be passed.
  (H. Sub. for SB 112 was thereupon introduced and read by title.)
  The Committee on Governmental Organization and Elections recommends
SB 323, as amended by Senate Committee of the Whole, be amended on page
1, in line 28, by striking all after ``shall''; in line 29, by striking all
preceding ``serve''; in line 39, following the period, by inserting ``The
provisions of this subsection shall not be construed as prohibiting a county
clerk from serving as the chairperson or treasurer of such person's own
campaign for any city, county or state office.'';
  On page 2, in line 3, by striking all following ``shall''; in line 4, by
striking all preceding ``serve''; in line 12, following the period, by
inserting ``The provisions of this subsection shall

534                           JOURNAL OF THE HOUSE

not be construed as prohibiting a county election officer from serving as the
chairperson or treasurer of such person's own campaign for any city, county
or state office.''; in line 25, by striking all following ``shall''; in line
26, by striking all preceding ``serve''; in line 28, by striking
``subsection'' and inserting ``section''; in line 31, following the period,
by inserting ``The provisions of this section shall not be construed as
prohibiting the secretary of state from serving as the chairperson or
treasurer of such person's own campaign for any city, county or state
office.''; and the bill be passed as amended.
  The Committee on Health and Human Services recommends SB 61, as
amended by Senate Committee, be passed.
  The Committee on Health and Human Services recommends SB 244 be
amended on page 1, in line 19, by striking ``$500'' and inserting in lieu
thereof ``$300''; in line 21, by striking ``$500'' and inserting in lieu
thereof ``$300''; in line 31, by striking ``$250'' and inserting in lieu
thereof ``$200''; in line 32, by striking ``$50'' and inserting in lieu
thereof ``$60''; in line 33, by striking ``$100'' and inserting in lieu
thereof ``$50''; in line 37, by striking ``$100'' and inserting in lieu
thereof ``$30''; in line 40, by striking ``$100'' and inserting in lieu
thereof ``$30'';
  On page 2, in line 4, by striking ``$500'' and inserting in lieu thereof
``$300''; in line 6, by striking ``$500'' and inserting in lieu thereof
``$300''; in line 8, by striking ``$500'' and inserting in lieu thereof
``$300''; in line 11, by striking ``$50'' and inserting in lieu thereof
``$60''; in line 12, by striking ``$500'' and inserting in lieu thereof
``$300''; in line 16, by striking ``$100'' and inserting in lieu thereof
``$30''; in line 18, by striking ``$50'' and inserting in lieu thereof
``$30''; in line 22, by striking ``$50'' and inserting in lieu thereof
``$60''; in line 30, by striking ``$500'' and inserting in lieu thereof
``$300''; in line 31, by striking ``$100'' and inserting in lieu thereof
``$60''; in line 33, by striking ``$50'' and inserting in lieu thereof
``$60'';
  On page 3, in line 33, by striking ``$200'' and inserting in lieu thereof
``$150'';
  On page 4, in line 13, by striking ``$100'' and inserting in lieu thereof
``$80''; in line 15, by striking ``100'' and inserting in lieu thereof
``80''; in line 16, by striking ``50'' and inserting in lieu thereof ``80'';
in line 17, by striking ``50'' and inserting in lieu thereof ``80''; in line
18, by striking ``30'' and inserting in lieu thereof ``40''; in line 31, by
striking ``$100'' and inserting in lieu thereof ``$80''; in line 33, by
striking ``100'' and inserting in lieu thereof ``80''; in line 34, by
striking ``50'' and inserting in lieu thereof ``80''; in line 35, by striking
``50'' and inserting in lieu thereof ``80''; in line 36, by striking ``50''
and inserting in lieu thereof ``80''; in line 37, by striking ``30'' and
inserting in lieu thereof ``40'';
  On page 5, in line 12, by striking ``30'' and inserting in lieu thereof
``$40''; in line 13, before ``25'' by inserting a dollar sign; before line
32, by inserting the following:
  ``Sec. 1.  K.S.A. 65-2840c is hereby amended to read as follows: 65-2840c.
Review committees shall be established and appointed by the state board of
healing arts for each branch of the healing arts as necessary to implement
advise the board in carrying out the provisions of this act. Each
review committee shall be composed of three members and designated
alternates. Two Each of the members and their designated
alternates shall serve for a period of two years, all of whom shall be
members of the same branch of the healing arts as the person whose conduct
is being reviewed. The third member of the review committee shall be
appointed on an ad hoc basis, and shall be of the same
branch of the healing arts and specialty, if any, as the person whose conduct
is being reviewed licensed by the board to practice the branch of the
healing arts for which the review committee is established. Members of the
state board of healing arts shall not be eligible to act as members of the
review committee. Members of the review committee who are licensees of the
state board of healing arts may be selected from names submitted by the
state professional association for the branch of healing arts involved.
The board of healing arts shall ensure that no conflict of interest exists
by reason of geography, personal or professional relationship, or otherwise,
between any of the review committee members and any person whose conduct is
being reviewed. The members of such review committees attending meetings
of such committees any review committees shall be paid
compensation, subsistence allowances, mileage and expenses as provided by
K.S.A. 75-3223 and amendments thereto. Notwithstanding any other provision
of law, the board may compensate review committee members as deemed
appropriate by the board to review records relating to matters being
investigated by the board.'';

                                 March 24, 1997                             535

  And by renumbering sections accordingly;
  Also on page 5, in line 32, after ``65-2012,'' by inserting ``65-2840c,'';
  On page 1, in the title, in line 10, before ``amending'' by inserting
``concerning compensation paid to review committee members;''; also in line
10, after ``65-2012,'' by inserting ``65-2840c,''; and the bill be passed as
amended.
  The Committee on Insurance recommends SB 204, as amended by
Senate Committee, be amended on page 3, in line 13, after the period, by
inserting ``Any preexisting conditions exclusion shall run concurrently with
any waiting period.
  (b)  Such policy may impose a waiting period after full-time employment
starts before an employee is first eligible to enroll in any applicable group
policy.
  (c)  A health maintenance organization which offers such policy which does
not impose any preexisting conditions exclusion may impose an affiliation
period for such coverage, provided that: (i) such application period is
applied uniformly without regard to any health status related factors and
(ii) such affiliation period does not exceed two months. The affiliation
period shall run concurrently with any waiting period under the plan.
  (d)  A health maintenance organization may use alternative methods from
those described in this subsection to address adverse selection if approved
by the commissioner.'';
  On page 19, in line 12, before ``diagnosis'', by inserting ``medical
advice,'';
  On page 20, in line 20, after the period, by inserting ``Any preexisting
conditions exclusion shall run concurrently with any waiting period.'';
  On page 29, by striking all after line 33;
  By striking all on pages 30 through 33;
  On page 34, by striking all before line 39 and inserting additional
sections as follows:
  ``Sec. 7.  K.S.A. 40-2118 is hereby amended to read as follows: 40-2118. As
used in this act, unless the context otherwise requires, the following words
and phrases shall have the meanings ascribed to them in this section:
  (a)  ``Administering carrier'' means the insurer or third-party
administrator designated in K.S.A. 40-2120.
  (b)  ``Association'' means the Kansas health insurance association
established in K.S.A. 40-2119.
  (c)  ``Board'' means the board of directors of the association.
  (d)  ``Church plan'' means a plan as defined under section 3(33) of the
Employee Retirement Income Security Act of 1974.
  (d) (e)  ``Commissioner'' means the commissioner of insurance.
  (f)  ``Creditable coverage'' means with respect to an individual,
coverage of the individual under any of the following:
  (1)  A group health plan.
  (2)  health insurance coverage;
  (3)  part A or Part B of Title XVIII of the Social Security Act;
  (4)  title XIX of the Social Security Act, other than coverage consisting
solely of benefit under Section 1928;
  (5)  chapter 55 of Title 10, United States Code;
  (6)  a medical care program of the Indian Health Service or of a tribal
organization;
  (7)  a state health benefit risk pool;
  (8)  a health plan offered under Chapter 89 of Title 5, United States Code;
  (9)  a public health plan as defined under regulations promulgated by the
secretary of health and human services; and
  (10)  a health benefit plan under section 5(e) of the Peace Corps Act (22
U.S.C. 2504(d)).
  (g)  ``Federally defined eligible individual'' means an individual:
  (1)  For whom, as of the date the individual seeks coverage under this
section, the aggregate of the periods of creditable coverage is 18 or more
months and whose most recent prior coverage was under a group health plan,
government plan or church plan;
  (2)  who is not eligible for coverage under a group health plan, Part A or
B of Title XVII of the Social Security Act, or a state plan under Title XIX
of the Social Security Act, or any successor program, and who does not have
any other health insurance coverage;
  (3)  with respect to whom the most recent coverage was not terminated for
factors relating to nonpayment of premiums or fraud; and

536                           JOURNAL OF THE HOUSE

  (4)  who had been offered the option of continuation coverage under COBRA
or under a similar program, who elected such continuation coverage, and who
has exhausted such continuation coverage.
  (h)  ``Governmental plan'' means a plan as defined under section 3(32) of
the Employee Retirement Income Security Act of 1974 and any plan maintained
for its employees by the government of the United States or by any agency or
instrumentality of such government.
  (i)  ``Group health plan'' means an employee benefit plan as defined by
section 3(1) of the Employee Retirement Income Security Act of 1974 to the
extent that the plan provides any hospital, surgical or medical expense
benefits to employees or their dependents (as defined under the terms of the
plan) directly or through insurance, reimbursement or otherwise.
  (e) (j)  ``Health insurance'' means any hospital or medical
expense policy, health, hospital or medical service corporation contract, and
a plan provided by a municipal group-funded pool, or a health maintenance
organization contract offered by an employer or any certificate issued under
any such policies, contracts or plans. ``Health insurance'' does not include
policies or certificates covering only accident, credit, dental, disability
income, long-term care, hospital indemnity, medicare supplement, specified
disease, vision care, coverage issued as a supplement to liability insurance,
insurance arising out of a workers compensation or similar law, automobile
medical-payment insurance, or insurance under which benefits are payable with
or without regard to fault and which is statutorily required to be contained
in any liability insurance policy or equivalent self-insurance.
  (f) (k)  ``Health maintenance organization'' means any
organization granted a certificate of authority under the provisions of the
health maintenance organization act.
  (g) (l)  ``Insurance arrangement'' means any plan, program,
contract or any other arrangement under which one or more employers, unions
or other organizations provide to their employees or members, either directly
or indirectly through a group-funded pool, trust or third-party
administrator, health care services or benefits other than through an
insurer.
  (h) (m)  ``Insurer'' means any insurance company, fraternal
benefit society, health maintenance organization and nonprofit hospital and
medical service corporation authorized to transact health insurance business
in this state.
  (i) (n)  ``Medicaid'' means the medical assistance program
operated by the state under title XIX of the federal social security act.
  (j) (o)  ``Medicare'' means coverage under both parts A and B
of title XVIII of the federal social security act, 42 USC 1395.
  (k) (p)  ``Member'' means all insurers and insurance
arrangements participating in the association.
  (l) (q)  ``Plan'' means the Kansas uninsurable health insurance
plan created pursuant to this act.
  (m) (r)  ``Plan of operation'' means the plan to create and
operate the Kansas uninsurable health insurance plan, including articles,
bylaws and operating rules, adopted by the board pursuant to K.S.A. 40-2119.
  Sec. 8.  K.S.A. 1996 Supp. 40-2122 is hereby amended to read as follows:
40-2122. (a) Except for those persons who meet the criteria set forth in
subsection (b) of this section, any person who has been a resident of this
state for at least six months prior to making application for coverage and
any federally defined eligible individual who is a legal domiciliary of this
state, shall be eligible for plan coverage if such person is able to
provide evidence satisfactory to the administering carrier that such person
meets one of the following criteria:
  (1)  Such person has had health insurance coverage involuntarily terminated
for any reason other than nonpayment of premium;
  (2)  such person has applied for health insurance and been rejected by two
carriers because of health conditions;
  (3)  such person has applied for health insurance and has been quoted a
premium rate which:
  (A)  In the first two years of operation of the plan, is more than 150% of
the premium rate available through the plan; or

                                 March 24, 1997                             537

  (B)  in succeeding years of operation of the plan, is in excess of the
premium rate established for plan coverage in an amount set by the board;
or
  (4)  such person has been accepted for health insurance subject to a
permanent exclusion of a preexisting disease or medical condition.;
or
  (5)  such person is a federally defined eligible individual.
  (b)  The following persons shall not be eligible for coverage under the
plan:
  (1)  Any person who is eligible for medicare or a recipient of medicaid
benefits;
  (2)  any person who has had coverage under the plan terminated less than 12
months prior to the date of the current application, except that this
provision shall not apply with respect to an applicant who is a federally
defined eligible individual;
  (3)  any person who has received accumulated benefits from the plan equal
to or in excess of the lifetime maximum benefits under the plan prescribed by
K.S.A. 40-2124 and amendments thereto;
  (4)  any person having access to accident and health insurance through an
employersponsored group or self-insured plan; or
  (5)  any person who is eligible for any other public or private program
that provides or indemnifies for health services.
  (c)  Any person who ceases to meet the eligibility requirements of this
section may be terminated at the end of a policy period.
  (d)  All plan members, insurers and insurance arrangements shall notify in
writing persons denied health insurance coverage, for any reason, of the
availability of coverage through the Kansas health insurance association.
  Sec. 9.  K.S.A. 1996 Supp. 40-2124 is hereby amended to read as follows:
40-2124. (a) Coverage under the plan shall be subject to both deductible and
coinsurance provisions set by the board. The plan may offer applicants for
coverage thereunder a choice of deductible and copayment options or
combinations thereof. At least one option shall provide for a minimum annual
deductible of $5,000. Coverage shall contain a coinsurance provision for each
service covered by the plan, and such copayment requirement shall not be
subject to a stop-loss provision. Such coverage may provide for a percentage
or dollar amount of coinsurance reduction at specific thresholds of copayment
expenditures by the insured.
  (b)  Coverage under the plan shall be subject to a maximum lifetime benefit
of $500,000 $1,000,000 per covered individual.
  (c)  On and after May 1, 1994, coverage under the plan shall exclude
charges or expenses incurred during the first 90 days following the effective
date of coverage as to any condition:   (1) Which manifested itself during
the six-month period immediately prior to the application for coverage in
such manner as would cause an ordinarily prudent person to seek diagnosis,
care or treatment; or (2) for which medical advice, care or treatment was
recommended or received in the six-month period immediately prior to the
application for coverage. In succeeding years of operation of the plan,
coverage of preexisting conditions may be excluded as determined by the
board, except that no such exclusion shall exceed 180 calendar days, and
no exclusion shall be applied to a federally defined eligible individual
provided that application for coverage is made not later than 63 days
following the applicant's most recent prior creditable coverage.
  (d) (1)  Benefits otherwise payable under plan coverage shall be reduced by
all amounts paid or payable through any other health insurance, or insurance
arrangement, and by all hospital and medical expense benefits paid or payable
under any workers compensation coverage, automobile medical payment or
liability insurance whether provided on the basis of fault or nonfault, and
by any hospital or medical benefits paid or payable under or provided
pursuant to any state or federal law or program.
  (2)  The association shall have a cause of action against an eligible
person for the recovery of the amount of benefits paid which are not covered
expenses.  Benefits due from the plan may be reduced or refused as a set-off
against any amount recoverable under this section.'';
  By renumbering the existing sections;
  On page 36, after line 25, by inserting:
  ``(h)  As used in this section, ``policies providing hospital, medical or
surgical expense benefits'' does not include short term, limited duration
policies of insurance.

538                           JOURNAL OF THE HOUSE

  (i)  The commissioner is hereby authorized to adopt such rules and
regulations as may be necessary to carry out the provisions of this
section.'';
  On page 38, after line 18, by inserting:
  ``(i)  The commissioner is hereby authorized to adopt such rules and
regulations as may be necessary to carry out the provisions of this
section.'';
  Also on page 38, after line 18, by inserting the following additional
sections:
  ``New Sec. 10.  (a) As used in this section, ``genetic screening or
testing'' means a laboratory test of a person's genes or chromosomes for
abnormalities, defects or deficiencies, including carrier status, that are
linked to physical or mental disorders or impairments, or that indicate a
susceptibility to illness, disease or other disorders, whether physical or
mental, which test is a direct test for abnormalities, defects or
deficiencies, and not an indirect manifestation of genetic disorders.
  (b)  An insurance company, health maintenance organization, nonprofit
medical and hospital, dental, optometric or pharmacy corporations, or a group
subject to K.S.A. 12-2616 et seq., and amendments thereto, shall not:
  (1)  Require or request directly or indirectly any individual or a member
of the individual's family to obtain a genetic test;
  (2)  require or request directly or indirectly any individual to reveal
whether the individual or a member of the individual's family has obtained a
genetic test or the results of the test, if obtained by the individual or a
member of the individual's family;
  (3)  condition the provision of insurance coverage or health care benefits
on whether an individual or a member of the individual's family has obtained
a genetic test or the results of the test, if obtained by the individual or a
member of the individual's family; or
  (4)  consider in the determination of rates or any other aspect of
insurance coverage or health care benefits provided to an individual whether
an individual or a member of the individual's family has obtained a genetic
test or the results of the test, if obtained by the individual or a member of
the individual's family.
  (c)  Subsection (b) does not apply to an insurer writing life insurance
coverage.
  (d)  An insurer writing life insurance coverage that obtains information
under paragraphs   (1) or (2) of subsection (b), shall not:
  (1)  Use the information contrary to paragraphs (3) or (4) of subsection
(b) in writing a type of insurance coverage other than life for the
individual or a member of the individual's family; or
  (2)  provide for rates or any other aspect of coverage that is not
reasonably related to the risk involved.
  Sec. 11.  K.S.A. 1996 Supp. 40-1909 is hereby amended to read as follows:
40-1909. (a) Such corporations shall be subject to the provisions of the
Kansas general corporation code, articles 60 to 74, inclusive, of chapter 17
of the Kansas Statutes Annotated, applicable to nonprofit corporations, to
the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222,
40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236,
40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,100,
40-2,101, 40-2,102, 402,103, 40-2,104, 40-2,105, 40-2,114, 40-2,116,
40-2,117, 40-2a01 to 40-2a19, inclusive, 40-2216 to 40-2221, inclusive,
40-2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254, 402401 to 40-2421,
inclusive, 40-3301 to 40-3313, inclusive, and amendments thereto, and to the
provisions of K.S.A. 1996 Supp. 40-2,153 and, 40-2,154,
40-2,160 and 40-2,161, and amendments thereto, and K.S.A. 1996 Supp.
40-2,160 section 1, except as the context otherwise requires, and
shall not be subject to any other provisions of the insurance code except as
expressly provided in this act.
  (b)  No policy, agreement, contract or certificate issued by a corporation
to which this section applies shall contain a provision which excludes,
limits or otherwise restricts coverage because medicaid benefits as permitted
by title XIX of the social security act of 1965 are or may be available for
the same accident or illness.
  (c)  Violation of subsection (b) shall be subject to the penalties
prescribed by K.S.A. 402407 and 40-2411, and amendments thereto.
  Sec. 12.  K.S.A. 1996 Supp. 40-19a10 is hereby amended to read as follows:
40-19a10.   (a) Such corporations shall be subject to the provisions of
K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224,
40-225, 40-226, 40-229, 40-230, 40-231, 40-235,

                                 March 24, 1997                             539

40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254,
40-2,102, 40-2a01 et seq., 40-2215 to 40-2220, inclusive, 40-2253,
40-2401 to 40-2421, inclusive, 40-3301 to 40-3313, inclusive, and amendments
thereto, and to the provisions of K.S.A. 1996 Supp. 402,154 and 40-2,161,
and amendments thereto, and section 1, except as the context otherwise
requires, and shall not be subject to any other provisions of the insurance
code except as expressly provided in this act.
  (b)  No policy, agreement, contract or certificate issued by a corporation
to which this section applies shall contain a provision which excludes,
limits or otherwise restricts coverage because medicaid benefits as permitted
by title XIX of the social security act of 1965 are or may be available for
the same accident or illness.
  (c)  Violation of subsection (b) shall be subject to the penalties
prescribed by K.S.A. 402407 and 40-2411, and amendments thereto.
  Sec. 13.  K.S.A. 1996 Supp. 40-19b10 is hereby amended to read as follows:
40-19b10.   (a) Such corporations shall be subject to the provisions of
K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224,
40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247,
40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,102, 40-2a01 et
seq., 40-2215, 40-2253, 40-2401 to 40-2421, inclusive, and 40-3301 to
40-3312, inclusive, and amendments thereto, and to the provisions of K.S.A.
1996 Supp. 40-2,154 and 40-2,161, and amendments thereto, and section
1, except as the context otherwise requires, and shall not be subject to
any other provisions of the insurance code except as expressly provided in
this act.
  (b)  No policy, agreement, contract or certificate issued by a corporation
to which this section applies shall contain a provision which excludes,
limits or otherwise restricts coverage because medicaid benefits as permitted
by title XIX of the social security act of 1965 are or may be available for
the same accident or illness.
  (c)  Violation of subsection (b) shall be subject to the penalties
prescribed by K.S.A. 402407 and 40-2411, and amendments thereto.
  Sec. 14.  K.S.A. 1996 Supp. 40-19c09 is hereby amended to read as follows:
40-19c09.   (a) Corporations organized under the nonprofit medical and
hospital service corporation act shall be subject to the provisions of the
Kansas general corporation code, articles 60 to 74, inclusive, of chapter 17
of the Kansas Statutes Annotated, applicable to nonprofit corporations, to
the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222,
40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236,
40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,100,
40-2,101, 40-2,102, 40-2,103, 402,104, 40-2,105, 40-2,116, 40-2,117, 40-2a01
et seq., 40-2111 to 40-2116, inclusive, 40-2215 to 40-2220, inclusive,
40-2221a, 40-2221b, 40-2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254,
40-2401 to 40-2421, inclusive, and 40-3301 to 40-3313, inclusive, and
amendments thereto, and to the provisions of K.S.A. 1996 Supp. 40-2,153
and, 40-2,154, 40-2,160 and 40-2,161, and amendments
thereto, and K.S.A. 1996 Supp. 40-2,160 section 1, except as the
context otherwise requires, and shall not be subject to any other provisions
of the insurance code except as expressly provided in this act.
  (b)  No policy, agreement, contract or certificate issued by a corporation
to which this section applies shall contain a provision which excludes,
limits or otherwise restricts coverage because medicaid benefits as permitted
by title XIX of the social security act of 1965 are or may be available for
the same accident or illness.
  (c)  Violation of subsection (b) shall be subject to the penalties
prescribed by K.S.A. 402407 and 40-2411, and amendments thereto.
  Sec. 15.  K.S.A. 1996 Supp. 40-19d10 is hereby amended to read as follows:
40-19d10.   (a) Such corporations shall be subject to the provisions of
K.S.A. 40-214, 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224,
40-225, 40-226, 40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247,
40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,102, 40-2a01 et
seq., 40-2215 to 40-2220, inclusive, 40-2253, 40-2401 to 40-2421,
inclusive, 40-3301 to 40-3313, inclusive, and amendments thereto, and to the
provisions of K.S.A. 1996 Supp. 402,154 and 40-2,161, and amendments
thereto, and section 1, except as the context otherwise requires, and
shall not be subject to any other provisions of the insurance code except as
expressly provided in this act.

540                           JOURNAL OF THE HOUSE

  (b)  No policy, agreement, contract or certificate issued by a corporation
to which this section applies shall contain a provision which excludes,
limits or otherwise restricts coverage because medicaid benefits as permitted
by title XIX of the social security act of 1965 are or may be available for
the same accident or illness.
  (c)  Violation of subsection (b) shall be subject to the penalties
prescribed by K.S.A. 402407 and 40-2411, and amendments thereto.'';
  And by renumbering the existing sections accordingly;
  On page 38, in line 19, after ``K.S.A.'' where it appears for the first
time, by inserting ``402118 and''; also in line 19, after ``Supp.'', by
inserting ``40-1909, 40-19a10, 40-19b10, 4019c09, 40-19d10, 40-2122,
40-2124,''; in line 20, after ``40-3209'', by inserting ``and K.S.A. 1995
Supp. 40-19a10, as amended by section 111 of chapter 229 of the 1996 Session
Laws of Kansas, 40-19b10, as amended by section 112 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 40-19d10, as amended by section
114 of chapter 229 of the 1996 Session Laws of Kansas'';
  On page 1, in the title, in line 11, after ``K.S.A.'' where it first
appears by inserting ``402118 and''; in line 12, after ``Supp.'', by
inserting ``40-1909, 40-19a10, 40-19b10, 40-19c09, 40-19d10, 40-2122,
40-2124,''; in line 13, before the period, by inserting ``; also repealing
K.S.A. 1995 Supp. 40-19a10, as amended by section 111 of chapter 229 of the
1996 Session Laws of Kansas, 40-19b10, as amended by section 112 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 40-19d10, as amended by
section 114 of chapter 229 of the 1996 Session Laws of Kansas''; and the bill
be passed as amended.
  The Committee on Insurance recommends Substitute for SCR 1601
be amended on page 2, after line 31, by inserting the following:
  Be it further resolved:  The Legislative Research Department and the
Revisor of Statutes Office are hereby directed to provide such staff as are
necessary to assist the task force; and'';
  Also on page 2, in line 35, by striking ``1998'' and inserting ``1999'';
and the substitute concurrent resolution be adopted as amended.
  The Committee on Judiciary recommends HB 2506 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No.
2506,'' as follows:
``SUBSTITUTE FOR HOUSE BILL No. 2506
By Committee on Judiciary
``AN ACT concerning juveniles; amending K.S.A. 20-1a11, 21-3612, as amended
by section 25 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,
38-1604, as amended by section 42 of chapter 229 of the 1996 Session Laws of
Kansas, 38-1604, as amended by section 43 of this act, 38-1610, as amended by
section 50 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,
38-1632, as amended by section 64 of chapter 229 of the 1996 Session Laws of
Kansas, 38-1633, as amended by section 65 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1636, as amended by section 67 of chapter 229 of the 1996
Session Laws of Kansas, 38-1636, as amended by section 54 of this act,
38-1661, as amended by section 79 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, 38-1674, as amended by section 89 of chapter 229 of the 1996
Session Laws of Kansas, 38-1681, as amended by section 93 of chapter 229 of
the 1996 session laws of Kansas, 38-1681, as amended by section 68 of this
act, 38-16,111, as amended by section 97 of chapter 229 of the 1996 session
laws of Kansas, 38-16,111, as amended by section 71 of this act, 72-978, as
amended by section 120 of chapter 229 of the 1996 Session Laws of Kansas,
75-5291, 76-2101, as amended by section 140 of chapter 229 of the 1996
Session Laws of Kansas, 76-2101a, as amended by section 141 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, 76-2125, as amended by
section 145 of chapter 229 of the 1996 Session Laws of Kansas, 76-2128, as
amended by section 146 of chapter 229 of the 1996 Session Laws of Kansas,

                                 March 24, 1997                             541

76-2201, as amended by section 147 of chapter 229 of the 1996 Session Laws of
Kansas, 76-2201a, as amended by section 148 of chapter 229 of the 1996
Session Laws of Kansas, and 76-2219, as amended by section 149 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, 38-1602, as
amended by section 41 of this act, 38-1608, as amended by section 48 of
chapter 229 of the 1996 Session Laws of Kansas, 38-1611, as amended by
section 51 of chapter 229 of the 1996 Session Laws of Kansas, 38-1635, as
amended by section 66 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, 38-1663, as amended by section 59 of this act, 38-1668, as amended by
section 85 of chapter 229 of the 1996 Session 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, 38-1675, as amended by section 65 of this act, 381676, as
amended by section 91 of chapter 229 of the 1996 Session Laws of Kansas, and
74-9501, as amended by section 127 of chapter 229 of the 1996 Session Laws of
Kansas, and K.S.A. 1996 Supp. 21-2511, 21-3413, 28-170, 38-1507, 38-1508,
38-1522, 38-1613, 38-1614, 38-1640, 38-1692, 38-16,126, 38-16,128, 38-1808,
40-1909, 40-19c09, 7289a02, 74-8810, 75-2935, 75-2935b, 75-6102, 75-6104,
75-6801, 75-7001, 75-7007, 757008, 75-7009, 75-7021, 75-2023, 75-7024,
75-7025, 75-7026, 75-7028, 76-6b04, 76-3201 and 79-4803 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, 38-1672, as amended by section 87 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 745363, 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.
75-7010.''; and the substitute bill be passed.
  (Sub. HB 2506 was thereupon introduced and read by title.)
  Having been referred separately, Sub. HB 2506 is now in Select
Committe on Corrections and Juvenile Justice.
  The Committee on Utilities recommends SB 207, as amended by
Senate Committee, be amended on page 2, in line 14, by striking ``shall'' and
inserting ``may'';
  On page 3, in line 13, after the period, by inserting ``Hearings shall be
conducted in accordance with the provisions of the Kansas administrative
procedure act, unless, in the case of a general investigation, for good
cause, the commission orders otherwise.''; in line 29, by striking ``shall''
and inserting ``may'';
  On page 4, in line 27, after the period, by inserting ``Hearings shall be
conducted in accordance with the provisions of the Kansas administrative
procedure act, unless, in the case of a general investigation, for good
cause, the commission orders otherwise.''; in line 40, by striking ``shall''
and inserting ``may'';
  On page 5, in line 40, after the period, by inserting ``Hearings shall be
conducted in accordance with the provisions of the Kansas administrative
procedure act, unless, in the case of a general investigation, for good
cause, the commission orders otherwise.'';
  On page 6, in line 13, by striking ``shall'' and inserting ``may'';
  On page 7, in line 14, after the period, by inserting ``Hearings shall be
conducted in accordance with the provisions of the Kansas administrative
procedure act, unless, in the case of a general investigation, for good
cause, the commission orders otherwise.''; in line 30, by striking ``shall''
and inserting ``may'';

542                           JOURNAL OF THE HOUSE

  On page 8, after line 4, by inserting:
  ``New Sec. 11.  The state corporation commission shall have the authority
to exempt any public utility or common carrier over which the commission has
jurisdiction from the requirements of publishing and filing with the
commission copies of schedules of rates, joint rates, tolls, charges,
classifications and divisions of rates affecting Kansas customers and charged
for any service that is not subject to price regulation. After a public
utility or common carrier service has been exempted from such requirements,
the commission may require such public utility or common carrier to publish
and file with the commission tariffs for such service when necessary to
protect consumers from fraudulent business practices or practices that are
inconsistent with the public interest, convenience and necessity or when the
commission otherwise deems necessary.
  Sec. 12.  K.S.A. 1996 Supp. 66-125 is hereby amended to read as follows:
66-125. (a) Any investor-owned electric public utility incorporated in the
state of Kansas having a total capitalization in excess of $1 billion
dollars may issue stocks, certificates, bonds, notes or other evidences of
indebtedness, payable at periods of more than 12 months after the date
thereof, when necessary for the acquisition of property, for the purpose of
carrying out its corporate powers, the construction, completion, extension or
improvements of its facilities, for the improvements or maintenance of its
service, for the discharge or lawful refunding of its obligations, or for
such other purposes as may be authorized by law. Prior to any such issuance,
there shall be secured from the commission a certificate stating the amount,
character, purposes and terms on which such stocks, certificates, bonds,
notes or other evidences of indebtedness are proposed to be issued, as set
out in the application for such certificate. In lieu of securing a
certificate from the commission, if the issuance requires a registration
statement to be filed with the securities and exchange commission or such
utility obtains an authorization or approval of such issuance from another
state or federal agency, the public utility may file with the state
corporation commission a copy of the information filed with the securities
and exchange commission or such other agency.
  (b)  The proceedings for obtaining such certificate from the commission and
the conditions of its being issued shall be as follows:
  (1)  In case the stocks, certificates, bonds, notes or other evidences of
indebtedness are to be issued for money only, the public utility or common
carrier shall file with the commission a statement, signed and verified by
the president or other chief officer of the company having knowledge of the
facts, showing:
  (A)  The amount and character of the proposed stocks, certificates, bonds,
notes or other evidences of indebtedness;
  (B)  the general purposes for which they are to be issued;
  (C)  the terms on which they are to be issued;
  (D)  the total assets and liabilities of the public utility or common
carrier; and
  (E)  that the capital sought to be secured by the issuance of such stocks,
certificates, bonds, notes or other evidences of indebtedness is necessary
and required for such purposes and will be used therefor.
  (2)  In case stocks, certificates, bonds, notes or other evidences of
indebtedness are to be issued partly or wholly for property or services or
other consideration than money, the public utility or common carrier shall
file with the commission a statement, signed and verified by the president or
other chief officer having knowledge of the facts, showing:
  (A)  The amount and character of the stocks, certificates, bonds, notes or
other evidences of indebtedness proposed to be issued;
  (B)  the general purposes for which they are to be issued;
  (C)  a general description and an estimated value of the property or
services for which they are to be issued;
  (D)  the terms on which they are to be issued or exchanged;
  (E)  the amount of money, if any, to be received for the same in addition
to such property, services or other consideration;
  (F)  the total assets and liabilities of the public utility or common
carrier; and
  (G)  that the capital sought to be secured by the issuance of such stocks,
certificates, bonds, notes or other evidences of indebtedness is necessary
and required for such purposes and will be used therefor.

                                 March 24, 1997                             543

  (c)  The commission may also require the public utility or common carrier
to furnish such further statements of facts as may be reasonable and
pertinent to the inquiry. Upon full compliance by the applicant with the
provisions of this section the commission shall forthwith issue a certificate
stating the amount, character, purposes and terms upon which such stocks,
certificates, bonds, notes or other evidences of indebtedness are proposed to
be issued, as set out in the application for such certificate. Any issue of
stocks, certificates, bonds, notes or other evidences of indebtedness not
payable within one year, which shall be issued by such public utility or
common carrier contrary to the provisions of this act shall be voidable by
the commission, except as provided in subsection (d).
  (d)  The provisions of this section shall not apply to motor carriers, as
defined in K.S.A. 66-1,108, and amendments thereto or any public utility
except as provided in subsection   (a). Any issue of stocks, certificates,
bonds, notes or other evidences of indebtedness not payable within one year,
which were issued by a motor carrier prior to the effective date of this act
without obtaining a certificate from the commission shall be deemed valid.
  New Sec. 13.  (a) The American Society of Heating and Air Conditioning
Engineers/ Illuminating Society of North America 1989 90-1 Standard or Code
(ASHRAE/IES 90.189) is hereby adopted as the applicable thermal efficiency
standard for new commercial and industrial structures in this state.
  (b)  The state corporation commission has no authority to adopt or enforce
energy efficiency standards for residential, commercial or industrial
structures.
  New Sec. 14.  (a) The person building or selling a previously unoccupied
new residential structure shall disclose to the buyer, on a form prescribed
by the state corporation commission, the following information regarding the
structure:
  (1)  Insulation values (R-value of insulation installed) for each of the
following:
  (A)  Ceiling with attic above.
  (B)  Cathedral ceiling.
  (C)  Opaque walls.
  (D)  Floors over unheated spaces.
  (E)  Floors over outside air.
  (F)  Foundation type: (i) Slab-on-grade; (ii) crawlspace; and (iii)
basement and percent of basement walls underground.
  (2)  Thermal properties of windows and doors for each of the following:
  (A)  Entry door(s) R-value.
  (B)  Sliding door(s) R-value.
  (C)  Other exterior doors R-value.
  (D)  Garage to house door R-value.
  (E)  Window U-value (determined from NFRC rating label or default table).
  (3)  HVAC equipment efficiency levels:
  (A)  Heating systems: Gas fired forced air furnace AFUE rating and electric
heat pump HSPF rating.
  (B)  Air conditioning systems: Electric air conditioning unit SEER rating;
electric heat pump air conditioning EER rating; and ground source heat pump
air conditioning EER rating.
  (C)  Duct insulation levels: Insulation R-value of ducts outside envelope.
  (D)  Thermostat: Manual control type or automatic set-back type.
  (4)  Water heating efficiency levels:
  (A)  Water heater fuel type;
  (B)  water heater capacity; and
  (C)  NAECA energy factor.
  (b)  The state corporation commission shall prescribe, by rules and
regulations, the form required by subsection (a) and may include on the form
a definition of ``R-value'' to assist the buyer in understanding the
information contained in the form.'';
  Also on page 8, by renumbering the remaining sections accordingly; in line
5, after the first ``K.S.A.'' by inserting ``66-131a,''; in line 6, before
``66-1,192'' by inserting ``66-125,'';
  In the title, in line 12, before ``66-1,192'' by inserting ``66-125,''; in
line 13, after ``sections'' by inserting ``; also repealing K.S.A. 66-131a'';
and the bill be passed as amended.

544                           JOURNAL OF THE HOUSE

  The Select Committee on Corrections and Juvenile Justice recommends
HB 2520 be amended on page 1, in line 17, by striking ``seven'' and
inserting ``nine''; in line 39, by striking ``one member'' and inserting
``two members''; in line 42, by striking ``one member'' and inserting ``two
members'';
  On page 2, in line 26, by striking ``eight'' and inserting ``nine''; in
line 27, by striking all preceding the period and inserting ``by motion
adopted by the affirmative vote of four of the seven senate members and five
of the nine representative members'';
  On page 3, in line 32, following ``services'' by inserting ``, office of
judicial administration and department of corrections''; 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 2543, An act abolishing the corporation for change; relating to
the transfer of duties and powers thereof; creating an advisory commission on
children and families; amending K.S.A. 20-1a11, K.S.A. 1995 Supp. 74-9501, as
amended by section 127 of chapter 229 of the 1996 Session Laws of Kansas and
K.S.A. 1996 Supp. 75-2935 and 75-2935b and repealing the existing sections;
also repealing K.S.A. 38-1801, 38-1802, 38-1803, 38-1805, 38-1806, 38-1809,
38-1810 and 38-1811 and K.S.A. 1996 Supp. 38-1804, 38-1807 and 38-1808, by
Committee on Appropriations.

CHANGE OF REFERENCE

  Speaker pro tem Wagle announced the withdrawal of HB 2492 from
Committee on Education and referral to Committee on Appropriations.

REPORT ON ENGROSSED BILLS

  HB 2031, 2108 reported correctly re-engrossed March 24, 1997.

REPORT ON ENROLLED BILLS

  HB 2013, 2021, 2043, 2049, 2073, 2075, 2112, 2176, 2180, 2184, 2199,
2211, 2329 reported correctly enrolled, properly signed and presented to
the governor on March 24, 1997.
  On motion of Rep. Jennison, the House adjourned until 10:30 a.m., Tuesday,
March 25, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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