J o u r n a l o f t h e H o u s e FIFTIETH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Tuesday, March 25, 1997, 10:30 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 123 members present. Rep. Dean was excused on verified illness. Rep. Phill Kline was excused on excused absence by the Speaker. Prayer by Chaplain Washington: Heavenly Father, Most Holy and Divine Judge of all the earth, again we humbly bow, pleading provision of Your guidance. In chapter 1, verse 6, of the Song of Solomon we find these words, ``They made me keeper of the vineyards; but mine own have I neglected.'' Lord, we come this morning with the concern of multiple vineyards . . . those of others and those of our own. Guide us today. Give us balance. Like the juggler, help us to keep the plates spinning, lest some might fall. Yet, if some need to be dropped, give us wisdom in our choices. Lord, if misarranging our priorities is a matter of putting the cart before the horse, then misunderstanding our responsibilities is not knowing the difference between the cart and the horse. Enlighten us Master. Give us Your perspective. Show us clearly. Does the horse control the cart, or does the cart control the horse? In Matthew 22:35-40, when Jesus was asked to prioritize the law, the first in importance was to love You with all our hearts, souls, and minds. Then as a derivative of that, love for self and unselfish love for others would properly follow. Father, give us today the priorities that prevail. I come to You in the Name of the Christ, Amen and Amen. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Appropriations: HB 2543. CONSENT CALENDAR Objection was made to SB 123 appearing on the Consent Calendar; the bill was placed on the calendar under the heading of General Orders. No objection was made to SB 58, 190 appearing on the Consent Calendar for the second day. No objection was made to SB 365 appearing on the Consent Calendar for the third day. The bill was advanced to Final Action on Bills and Concurrent Resolutions. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 365, An act changing the name of the office of state and extension forestry to the Kansas forest service; relating to the powers and duties thereof; amending K.S.A. 1996 Supp. 76-425a, 76-425c, 76-425d, 76-425f and 82a-326 and repealing the existing sections, was considered on final action. 546 JOURNAL OF THE HOUSE On roll call, the vote was: Yeas 114; Nays 9; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Alldritt, Allen, 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, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, 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, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Aurand, Freeborn, Jennison, Kejr, Klein, Lloyd, Neufeld, Shallenburger, Vickrey. Present but not voting: None. Absent or not voting: Dean, Phill Kline. The bill passed. HB 2278, An act concerning the department of health and environment; restrictions on persons operating adult care homes and home health agencies and on certain persons working for or regularly volunteering to assist such homes or agencies, was considered on final action. On roll call, the vote was: Yeas 115; Nays 7; Present but not voting 1; Absent or not voting 2. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, 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, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Aurand, Dahl, Jennison, P. Long, Neufeld, Shore, Shultz. Present but not voting: Powell. Absent or not voting: Dean, Phill Kline. The bill passed, as amended. HB 2490, An act concerning the practice of geology; providing for licensure and regulation as a technical profession; amending K.S.A. 74-7005 and 74-7006 and K.S.A. 1996 Supp. 74-7003 and 74-7013 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 86; Nays 37; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Alldritt, Allen, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Farmer, Findley, Flaharty, Franklin, Geringer, Gilmore, Glasscock, Gregory, Helgerson, Holmes, Horst, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Kuether, Landwehr, Lane, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Wempe, Wilk, Wilson. Nays: Aurand, Ballou, Correll, Faber, Feuerborn, Flora, Flower, Freeborn, Garner, Gilbert, Grant, Haley, Hayzlett, Henderson, Henry, Howell, Jennison, Kejr, Krehbiel, March 25, 1997 547 Larkin, Lloyd, McKechnie, McKinney, Minor, Mollenkamp, Packer, Palmer, Presta, Shallenburger, Shore, Swenson, Thimesch, Vickrey, Weber, Weiland, Wells, Welshimer. Present but not voting: None. Absent or not voting: Dean, Phill Kline. The bill passed, as amended. Sub. SB 24, An act concerning the county treasurer; relating to vacancies in such office; relating to persons eligible to hold such office; amending K.S.A. 19-504 and repealing the existing section; also repealing K.S.A. 19-501a, was considered on final action. On roll call, the vote was: Yeas 66; Nays 57; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Campbell, Carmody, Cox, Crow, Dahl, Empson, Faber, Feuerborn, Findley, Flaharty, Franklin, Freeborn, Gilbert, Gilmore, Glasscock, Gregory, Howell, Huff, Humerickhouse, Johnson, Klein, Phil Kline, Lane, Lloyd, P. Long, Mason, McClure, Morrison, Myers, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Powell, Powers, Ray, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tomlinson, Vining, Welshimer, Wilk, Wilson. Nays: Alldritt, Ballou, Burroughs, Compton, Correll, Dillon, Dreher, Edmonds, Farmer, Flora, Flower, Garner, Geringer, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Hutchins, Jennison, Johnston, Kejr, Kirk, Krehbiel, Kuether, Landwehr, Larkin, J. Long, Mayans, Mays, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Neufeld, Nichols, Packer, Phelps, Pottorff, Presta, Reardon, Shore, Showalter, Spangler, Thimesch, Toelkes, Toplikar, Vickrey, Wagle, Weber, Weiland, Wells, Wempe. Present but not voting: None. Absent or not voting: Dean, Phill Kline. The substitute bill passed. SB 110, An act concerning methods of taking wildlife; unlawful acts; amending K.S.A. 32-1003 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 94; Nays 29; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Campbell, Carmody, Compton, Cox, Dahl, Dillon, Dreher, Edmonds, Faber, Farmer, Feuerborn, Flower, Franklin, Freeborn, Garner, Geringer, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Phil Kline, Krehbiel, Landwehr, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Packer, Palmer, J. Peterson, Phelps, Powell, Presta, Ray, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Swenson, Tanner, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wells, Wempe, Wilk, Wilson. Nays: Alldritt, Burroughs, Correll, Crow, Empson, Findley, Flaharty, Flora, Gilbert, Haley, Helgerson, Henderson, Henry, Kirk, Klein, Kuether, Larkin, McClure, Nichols, Pauls, E. Peterson, Pottorff, Powers, Reardon, Spangler, Storm, Toelkes, Weiland, Welshimer. Present but not voting: None. Absent or not voting: Dean, Phill Kline. The bill passed, as amended. SB 165, An act concerning public health; relating to the board of nursing; licensees thereof; continuing education; membership on the board; concerning the state board of cosmetology continuing education requirements; amending K.S.A. 65-1119 and 65-4206 and K.S.A. 1996 Supp. 65-1117, 65-1904, 65-4205 and 74-1106 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, 548 JOURNAL OF THE HOUSE 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, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, 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, Phill Kline. The bill passed, as amended. SB 205, An act concerning certain municipalities; relating to the powers, duties and functions of the governing bodies thereof; amending K.S.A. 68-102 and K.S.A. 1996 Supp. 80-410, 80-915 and 80-1501 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 122; Nays 0; Present but not voting 1; 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, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, 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: McKechnie. Absent or not voting: Dean, Phill Kline. The bill passed, as amended. MOTIONS TO CONCUR AND NONCONCUR On motion of Rep. Cox, the House concurred in Senate amendments to HB 2070, An act relating to banks and trust companies; bank holding companies; limitations on ownership; amending K.S.A. 9-1114 and 9-1118 and K.S.A. 1996 Supp. 9-520 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 9-1117. On roll call, the vote was: Yeas 101; Nays 22; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Correll, Cox, Crow, 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, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, J. Long, Mason, Mays, McClure, McCreary, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Wempe, Wilk, Wilson. March 25, 1997 549 Nays: Ballou, Compton, Dahl, Howell, Jennison, Kejr, Landwehr, Lloyd, P. Long, Mayans, McKechnie, McKinney, Neufeld, Packer, Powell, Presta, Shallenburger, Shore, Swenson, Tomlinson, Vickrey, Welshimer. Present but not voting: None. Absent or not voting: Dean, Phill Kline. On motion of Rep. Cox, the House concurred in Senate amendments to HB 2094, An act relating to the regulation of securities; amending K.S.A. 17-1254, 17-1255, 17-1262a, 17-1263, 17-1268, 17-1270 and 17-1272 and K.S.A. 1996 Supp. 17-1252, 17-1259, 17-1261 and 17-1262 and repealing the existing sections; also repealing K.S.A. 17-1256 and K.S.A. 1996 Supp. 75-6308. 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, 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, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, 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: Freeborn, Spangler. Present but not voting: None. Absent or not voting: Dean, Phill Kline. On motion of Rep. Flower, the House concurred in Senate amendments to HB 2245, An act concerning agricultural seeds; relating to the registration of seed conditioners; concerning seed varieties; amending K.S.A. 2-1415, 2-1421 and 2-1421a and repealing the existing sections. On roll call, the vote was: Yeas 99; Nays 24; 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, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Kuether, Landwehr, Lane, J. Long, P. Long, Mason, Mayans, McClure, McCreary, McKechnie, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer. Nays: Edmonds, Feuerborn, Garner, Grant, Howell, Humerickhouse, Klein, Krehbiel, Larkin, Lloyd, Mays, McKinney, Minor, Mollenkamp, Neufeld, Packer, Reinhardt, Shallenburger, Shore, Swenson, Thimesch, Wempe, Wilk, Wilson. Present but not voting: None. Absent or not voting: Dean, Phill Kline. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Landwehr in the chair. 550 JOURNAL OF THE HOUSE COMMITTEE OF THE WHOLE On motion of Rep. Landwehr, Committee of the Whole report, as follows, was adopted: Recommended that committee report to HB 2155 be adopted; also, on motion of Rep. Mason to amend, the motion did not prevail and the bill be passed as amended. Committee report to SB 204 be adopted; also, on motion of Rep. Garner be amended on page 44, in line 5, following ``surance'' by inserting ``, disability income insurance or longterm care insurance''; in line 6, following ``insurance'' by inserting ``, disability income insurance or long-term care insurance''; Also, roll call was demanded on motion of Rep. Kirk to amend SB 204 on page 10, after ``(d)'', by inserting ``except as provided in section 7,''; On page 35, by striking all after line 21; By striking all of pages 36 through 38; On page 39, by striking all prior to line 30; by inserting a new section as follows: ``New Sec. 7. (a) Each accident and sickness insurer that issues policies providing hospital, medical or surgical expense benefits on the individual market shall not, with respect to an eligible individual desiring to enroll in such policy: (1) Decline to offer such coverage to, or deny enrollment of such individual, or (2) impose any preexisting condition waiting period with respect to such coverage. (b) As used in this section, ``eligible individual'' means an individual: (1) (A) For whom, as of the date on which the individual seeks coverage under this section, the aggregate of the periods of creditable coverage is 18 or more months; and (B) whose most recent prior creditable coverage was under either: (i) A group policy providing hospital, medical or surgical expense benefits; (ii) a group policy under section 607(1) of the employee retirement income security act of 1974; (iii) a church plan under section 3(33) of the employee retirement income security act of 1974; (iv) a government plan under section 3(32) of the employee retirement income security act of 1974; or (v) a health plan established or maintained for its employees by the United States or by any agency or instrumentality of such government or coverage offered in connection with any such policy or plan; (2) who is not eligible for coverage under: (A) A group health plan or policy as defined in subsection (b)(1)(A), (B) part A or part B of title XVIII of the social security act, or (C) a state plan under title XIX of such act (or any successor program), and does not have other coverage under a policy providing hospital, medical or surgical expense benefits; (3) with respect to whom the most recent coverage within the coverage period described in paragraph (b)(1)(A) was not terminated because of the nonpayment of premiums or fraud; (4) if the individual had been offered the option of continuation coverage under a COBRA continuation provision or under a similar state program, who elected such coverage; and (5) who, if the individual elected such continuation coverage, has exhausted such continuation coverage under such provision or program. (c) As used in this section, ``policies providing hospital, medical or surgical expense benefits'' does not include short term, limited duration policies of insurance. (d) As used in this section, ``prior creditable coverage'' means coverage by: (1) A group or individual accident and sickness policy; (2) coverage under section 607(1) of the employees retirement income security act of 1974 (ERISA); (3) a group specified in K.S.A. 40-2222 and amendments thereto; (4) part A or part B of title XVIII of the social security act; (5) title XIX of the social security act, other than coverage consisting solely of benefits under section 1928; (6) chapter 55 of title 10 United States code; (7) a medical care program of the indian health service or of a tribal organization; (8) the Kansas uninsurable health plan act pursuant to K.S.A. 40-2117 et seq. and amendments thereto or a similar health benefits risk pool of another state; (9) a health plan offered under chapter 89 of title 5, United States code; (10) a health benefit plan under section 5(e) of the peace corps act (22 U.S.C. 2504(e); or (11) a group subject to K.S.A. 12-2616 et seq. and amendments thereto. (e) As used in this section ``preexisting condition'' means a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care or treatment was recommended or received prior to the effective date of coverage. March 25, 1997 551 (f) As used in this section ``preexisting condition waiting period'' means, with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for such coverage whether or not any medical advice, diagnosis, care or treatment was recommended or received before such date. (g) The requirement of this section is met, for a policy providing hospital, medical or surgical expense benefits offered by an accident and sickness insurer in the individual market, if the accident and sickness insurer offers the policy forms for such individual coverage with the largest, and the next to largest, premium volume of all such policy forms offered by the insurer in this state or the applicable marketing area by the accident and sickness insurer in the individual market in the period involved. (h) (1) The requirement of this section is met, for a policy providing hospital, medical or surgical expense benefits offered by an accident and sickness insurer in the individual market, if the accident and sickness insurer offers a lower-level coverage policy form, as defined in subsection (g)(2), and a higher-level policy form, as defined in subsection (g)(3), each of which includes benefits substantially similar to other individual health insurance coverage offered by the accident and sickness insurer and each of which is covered under a method which provides for risk adjustment, risk spreading or a risk spreading mechanism (among accident and sickness insurers in the individual market or individual policies providing hospital, medical or surgical expense benefits) or otherwise provides for some financial subsidization for eligible individuals, including through assistance to participating accident and sickness insurers. (2) A policy form provides a lower-level of coverage if the actuarial value of the benefits under the coverage is at least 85% but not greater than 100% of a weighted average as described in subsection (g)(4). (3) A policy form provides a higher-level of coverage if: (A) The actuarial value of the benefits under the coverage is at least 15% greater than the actuarial value of the coverage described in subsection (g)(4) offered by the accident and sickness insurer which offers such coverage; and (B) the actuarial value of the benefits under the coverage is at least 100% but not greater than 120% of a weighted average described in subsection (g)(4). (4) As used in this subsection, the weighted average is the average actuarial value of the benefits provided by all policies providing hospital, medical or surgical expense benefits issued (as elected by the accident and sickness insurer) either by that accident and sickness insurer or by all accident and sickness insurers which offered policies providing hospital, medical or surgical expense benefits in the individual market during the previous year (not including coverage issued under this subsection) weighted by enrollment for the different coverage. (i) The election by an accident and sickness insurer for coverage under an individual policy providing hospital, medical or surgical expense benefits shall apply uniformly to all eligible individuals in this state for accident and health insurance. Such election shall be effective for policies offered during a period of not shorter than 2 years after the date such policies are approved by the commissioner. (j) For the purposes of subsection (g), the actuarial value of benefits provided under individual health insurance coverage shall be calculated based on a standardized population and a set of standardized utilization and cost factors. (k) (1) In the case of an accident and sickness insurer that offers policies providing hospital, medical or surgical expense benefits in the individual market through a medical service enrollment area, the accident and sickness insurer may: (A) Limit the individuals who may be enrolled under such coverage to those who live, reside or work within the medical service enrollment area; and (B) within the medical service enrollment area, deny such coverage to such individuals if the accident and sickness insurer has demonstrated, if required, to the commissioner that: (i) It will not have the capacity to deliver services adequately to additional eligible individuals because of its obligations to existing group policyholders and certificateholders and group employees, members or dependents and to eligible individuals; and 552 JOURNAL OF THE HOUSE (ii) it is applying this subsection uniformly to individuals without regard to any health status-related factor of such individuals and without regard to whether the individuals are eligible individuals. (2) An accident and sickness insurer, upon denying health insurance coverage in any medical service enrollment area in accordance with subsection (j)(1)(B)(ii), may not offer coverage in the individual market within such service area for a period of 180 days after such coverage is denied. (l) (1) An accident and sickness insurer may deny health insurance coverage in the individual market to an eligible individual if the accident and sickness insurer has demonstrated to the commissioner that: (A) It does not have the financial reserves necessary to underwrite additional coverage; and (B) it is applying this subsection uniformly to all individuals in the individual market in this state consistent with other provisions of this act and without regard to any health statusrelated factor of such individuals and without regard to whether the individuals are eligible individuals. (2) An accident and sickness insurer upon denying individual health insurance coverage in any medical service enrollment area in accordance with subsection (k)(1) may not offer such coverage in the individual market within such medical service enrollment area for a period of 180 days after the date such coverage is denied or until the accident and sickness insurer has demonstrated to the commissioner under the provisions of the insurance code that such accident and sickness insurer has sufficient reserves to underwrite additional coverage, whichever is later. (m) The provisions of subsection (a) shall not be construed to require that accident and sickness insurers which offer group policies providing hospital, medical or surgical expense benefits pursuant to K.S.A. 40-2209 and amendments thereto, must also offer such policies providing hospital, medical or surgical expense benefits in the individual market. (n) An accident and sickness insurer offering policies providing hospital, medical or surgical expense benefits through a conversion plan pursuant to K.S.A. 40-2209 and amendments thereto shall not be deemed to be an accident and sickness insurer offering individual policies providing hospital, medical or surgical expense benefits solely because such accident and sickness insurer offers a conversion policy. (o) An accident and sickness insurer offering policies providing hospital, medical or surgical expense benefits on the individual market as provided in this section shall actively market such coverage to eligible individuals in the state. (1) Except as provided in subsection (j)(1)(B)(i) of this section, no individual health insurance carrier, agent or broker shall, directly or indirectly, engage in the following activities: (A) Encourage or direct individuals to refrain from filing an application for coverage with the individual health insurance carrier because of the health status, claims experience, industry occupation or geographic location of the individual; or (B) encourage or direct individuals to seek coverage from another carrier because of the health status, claims experience, industry occupation or geographic location of the individual. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to information provided by an individual health insurance carrier to an individual regarding the established geographic service area or a restricted network provision of an individual health insurance carrier. (3) Except as provided in paragraph (2) of this subsection, no individual health insurance carrier shall, directly or indirectly, enter into any contract, agreement or arrangement with an agent or broker that provides for or results in the compensation paid to such person for the sale of a health benefit plan to be varied because of the health status, claims experience, industry occupation or geographic location of the individual placed by the agent or broker with the individual health insurance carrier. (4) No individual health insurance carrier, agent or broker shall induce or otherwise exclude an individual from health coverage or benefits provided in connection with the individual's employment. March 25, 1997 553 (5) Denial by an individual health insurance carrier of an application for coverage from an individual shall be in writing and shall state the reason or reasons for the denial. (6) The commissioner may adopt rules and regulations setting forth additional standards to provide for the fair marketing and broad availability of health benefit plans to individuals in this state. (7) If an individual health insurance carrier enters into a contract, agreement or other arrangement with a third-party administrator to provide administrative, marketing or other services related to the offering of health benefits plans to individuals in this state, the thirdparty administrator shall be subject to this section as if it were an individual health insurance carrier. (8) An accident and health insurer offering a policy providing hospital, medical or surgical expense benefits in both the group and individual markets shall notify in writing a covered person of such insurer who is covered under a group policy under a COBRA continuation provision of the availability from such insurer of individual coverage not subject to underwriting or a new preexisting condition waiting period upon exhaustion of such COBRA continuation coverage. (p) Nothing in this section shall be construed: (1) To restrict the amount of the premium rates that an accident and sickness insurer may charge an individual for a policy providing hospital, medical or surgical expense benefits in this state; or (2) to prevent an accident and sickness insurer offering policies providing hospital, medical or surgical expense benefits in the individual market from establishing premium discounts or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention. (q) As used in this section, ``health status-related factor'' means: (1) A physical or mental illness medical condition; (2) claims experience; (3) receipt of health care; (4) medical history; (5) genetic information; (6) evidence of insurability including conditions arising out of acts of domestic violence; and (7) disability. (r) The commissioner is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this section.''; By renumbering the sections accordingly; On page 46, in line 40, after ``K.S.A.'' the first time it appears, by striking ``40-2118 and''; in line 41, by striking ``40-2122,''; in line 42, by striking ``40-4124,''; In the title, in line 13, after ``K.S.A.'', by striking ``40-2118 and''; in line 15, by striking ``40-2122, 40-2124,''; On roll call, the vote was: Yeas 51; Nays 67; Present but not voting 2; Absent or not voting 5. Yeas: Alldritt, Ballard, Burroughs, Carmody, Correll, Crow, Dillon, Feuerborn, Findley, Flaharty, Flora, Franklin, Garner, Gilbert, Grant, Haley, Helgerson, Henderson, Henry, Horst, Johnston, Kirk, Klein, Krehbiel, Kuether, Larkin, J. Long, McClure, McKechnie, McKinney, Minor, Nichols, Pauls, E. Peterson, Phelps, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter, Shriver, Spangler, Storm, Thimesch, Toelkes, Weiland, Wells, Welshimer, Wempe. Nays: Adkins, Allen, Beggs, Benlon, Boston, Bradley, Campbell, Compton, Cox, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Flower, Freeborn, Geringer, Gilmore, Glasscock, Gregory, Hayzlett, Holmes, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Phil Kline, Landwehr, Lane, P. Long, Mason, Mays, McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Schwartz, Shallenburger, Shore, Shultz, Sloan, Stone, Swenson, Tanner, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wilk, Wilson. Present but not voting: Lloyd, Mayans. Absent or not voting: Aurand, Ballou, Dean, Phill Kline, Packer. The motion of Rep. Kirk did not prevail and SB 204 be passed as amended. Committee report to SB 164 be adopted and the bill be passed as amended. On motion of Rep. Helgerson HB 2297 be amended on page 1, after line 26, by inserting an additional subsection as follows: 554 JOURNAL OF THE HOUSE ``(c) The coverage required by this section shall apply regardless of whether a mastectomy was performed prior to the effective date of this act.''; Also, on motion of Rep. Ballard HB 2297 be amended on page 1, in line 40, by striking ``section 1'' and inserting ``sections 1 and 4''; On page 2, in line 21, by striking ``section 1'' and inserting ``sections 1 and 4''; after line 30, by inserting the following: ``New Sec. 4. (a) This section shall be known and may be cited as the ``bone mass measurement coverage act.'' (b) The legislature hereby finds the following: (1) Osteoporosis affects 25 million Americans and each year results in 1.5 million fractures of the hip, spine, wrist and other bones, costing the nation at least $18 billion; (2) osteoporosis progresses silently, in most cases undiagnosed until a fracture occurs, and once a fracture occurs, the disease is already advanced, and the likelihood is high that another fracture will occur; (3) one in two women and one in five men will suffer a fracture due to osteoporosis during their lifetime; (4) because osteoporosis progresses silently, and, currently has no cure, early diagnosis and treatment are key to reducing the prevalence and devastation of this disease; (5) medical experts agree that osteoporosis is preventable and treatable; however, once the disease progresses to the point of fracture its associated consequences often lead to disability, institutionalization and exact a heavy toll on the quality of life; (6) given the current national focus on health care reform and the reduction of unnecessary health care expenditures through the use of health promotion programs, bone mass measurement, related to the early diagnosis and the timely treatment of osteoporosis is a cost effective approach to embrace; (7) bone mass measurement is a reliable way to detect the presence of low bone mass and to ascertain the extent of bone loss to help assess the individual's risk for fracture, and this aids in selecting appropriate therapies and interventions; ordinary x-rays are not sensitive enough to detect osteoporosis until 25-40% of bone mass has been lost, and the disease far advanced; (8) while there are currently available technologies for bone mass measurement, other technologies for measuring bone mass are under investigation and may become scientifically proven technologies in the future; and (9) scientifically proven technologies for bone mass measurement and other services related to the diagnosis and treatment of osteoporosis can be used effectively to reduce the pain and financial burden that osteoporosis inflicts upon its victims. (c) The purpose of this section is to provide insurance coverage to individuals with a condition or medical history for which bone mass measurement (bone density testing) is determined to be medically necessary for the individual's diagnosis and treatment of osteoporosis. (d) Any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization which provides coverage for accident and health services and which is delivered, issued for delivery, amended or renewed on or after July 1, 1997, also, shall provide coverage for a qualified individual for scientifically proven bone mass measurement (bone density testing) for the diagnosis and treatment of osteoporosis. (e) For the purposes of this section: (1) ``Bone mass measurement'' means a radiologic or radioisotopic procedure or other scientifically proven technologies performed on an individual for the purpose of identifying bone mass or detecting bone loss. (2) ``Qualified individual'' means a person with a condition for which bone mass measurement is determined to be medically necessary by the person's attending physician or primary care physician.''; And by renumbering sections accordingly; In the title, in line 11, before ``amending'' by inserting ``relating to diagnosis and treatment of osteoporosis;''; and HB 2297 be passed as amended. March 25, 1997 555 CHANGE OF REFERENCE Speaker Shallenburger announced the withdrawal of SB 280 from Committee on Taxation and, having been referred separately, the bill remains in Committee on Economic Development. REPORTS OF STANDING COMMITTEES SB 82 was reported incorrectly on March 24 with the recommendation of ``be passed'' and the corrected report is entered today as follows: The Committee on Agriculture recommends SB 82, 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 Appropriations recommends SB 186, 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 Economic Development recommends SB 280, as amended by Senate Committee, be amended on page 2, in line 19, after ``thereto'' by inserting ``and except for proceeds of such bonds as may be issued for a redevelopment district including some or all of the land and buildings comprising a state mental institution closed pursuant to section 2 of chapter 219 of the 1995 Session Laws of Kansas''; in line 22, by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed as amended. The Committee on Education recommends SB 38, as amended by Senate Committee of the Whole, be amended on page 1, in line 40, immediately following the stricken material, by inserting ``If the child is 16 or 17 years of age, the parent or person acting as parent, by written consent, or the court, pursuant to a court order, may allow the child to be exempt from the compulsory attendance requirements of this section.''; On page 2, in line 33, after ``if'', by inserting ``(1) the child is regularly enrolled in a program recognized by the local board of education as an approved alternative educational program, or (2)''; and the bill be passed as amended. The Committee on Financial Institutions recommends SB 302 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 Financial Institutions recommends HB 2330 be amended on page 1, in line 34, by striking ``medical expenses or''; On page 2, in line 1, following ``state'' by inserting ``with a Kansas adjusted gross income of not more than $25,000''; and the bill be passed as amended. The Committee on Tourism recommends SB 168, as amended by Senate Committee, be passed. The Committee on Transportation recommends SB 174, as amended by Senate Committee of the Whole, be amended on page 1, by striking all in lines 17 through 42; in line 43, by striking ``Sec. 2.'' and inserting ``Section 1.''; And by renumbering sections accordingly; On page 2, preceding line 26, by inserting: ``Refusal to submit to a preliminary breath test.. 8-1012.. $50''.. On page 8, in line 38, by striking ``class C''; also in line 38, following ``misdemeanor'' by inserting ``punishable by a fine not to exceed $50''; in line 42, by striking ``class C''; also in line 42, following ``misdemeanor'' and inserting ``punishable by a fine of $50''; On page 9, in line 13, by striking ``8-1012 and''; On page 1, in the title, by striking line 11; in line 12, by striking all before the semicolon and inserting ``providing certain penalties''; in line 13, by striking ``8-1012 and''; and the bill be passed as amended. The Committee on Transportation recommends Substitute for SB 332 be amended on page 1, in line 17, by striking ``16,000'' and inserting ``20,000''; in line 36, by striking ``16,000'' and inserting ``20,000''; On page 2, in line 14, by striking ``16,000'' and inserting ``20,000''; in line 24, by striking ``16,000'' and inserting ``20,000''; and the substitute bill be passed as amended. 556 JOURNAL OF THE HOUSE Upon unanimous consent, the House referred back to the regular order of business, Introduction of Bills and Concurrent Resolutions. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills were introduced and read by title: HB 2544, An act concerning school districts; prescribing certain restrictions on the use of buildings, facilities, equipment, property, personnel, telephone, telecommunications and other services; amending K.S.A. 72-8212 and repealing the existing section, by Committee on Appropriations. HB 2545, An act repealing K.S.A. 13-14d01 through 13-14d16; concerning certain cities; relating to interstate bridges, by Committee on Federal and State Affairs. HB 2546, An act concerning confined feeding facilities; relating to fees for licenses thereof; amending K.S.A. 1996 Supp. 65-166a and repealing the existing section, by Committee on Appropriations. HB 2547, An act concerning the department of health and environment; establishing the departmental central services overhead fund; providing for the crediting of certain amounts thereto; authorizing certain expenditures therefrom; amending K.S.A. 49-420 and K.S.A. 1996 Supp. 40-2251, 65-163c, 65-3024, 65-3415a, 65-3424g, 65-34,114, 65-34,129 and 6534,146 and repealing the existing sections, by Committee on Appropriations. HB 2548, An act repealing K.S.A. 13-2201 through 13-2215, 13-2215a, 13-2215b and 13-2216 through 13-2220; concerning certain cities; relating to civil service commissions, by Committee on Federal and State Affairs. HB 2549, An act repealing K.S.A. 13-1209, 13-1213 through 13-1217, 13-1235, 13-1236, 13-1237, 13-1239 through 13-1246, 13-1252 through 13-1255, 13-1257 through 13-1261, 13-1263 and 13-1264; concerning certain cities; relating to public utilities, by Committee on Federal and State Affairs. HB 2550, An act repealing K.S.A. 13-1114b, 13-1115 through 13-1118; concerning certain cities; relating to roads and highways, by Committee on Federal and State Affairs. HB 2551, An act repealing K.S.A. 13-1324, 13-1325, 13-1326 through 13-1348, 13-1348a, 13-1348b, 13-1348c, 13-1348d, 13-1349, 13-1350, 13-1351, 13-1354 through 13-1358, 131374 through 13-1380, 13-1380a, 13-1380b, 13-1381, 13-1385 through 13-1392, 13-1395 through 13-13,101; concerning certain cities; relating to parks, parkways, boulevards and playgrounds, by Committee on Federal and State Affairs. HB 2552, An act repealing K.S.A. 13-13c01 through 13-13c20; concerning certain cities; relating to municipal parking authorities, by Committee on Federal and State Affairs. HB 2553, An act repealing K.S.A. 13-14b01, 13-14b02, 13-14b03, 13-14b05 through 1314b15; concerning certain cities; relating to hospitals, by Committee on Federal and State Affairs. HB 2554, An act repealing K.S.A. 13-14c01 through 13-14c08; concerning certain cities; relating to cemeteries, by Committee on Federal and State Affairs. HB 2555, An act repealing K.S.A. 13-431, 13-436, 13-443 and 13-460 through 13-466; relating to certain cities; relating to the powers and duties of the governing body, by Committee on Federal and State Affairs. HB 2556, An act repealing K.S.A. 13-2117 through 13-2124; concerning certain cities; relating to recreation commissions, by Committee on Federal and State Affairs. HB 2557, An act repealing K.S.A. 13-2501, 13-2507, 13-2508, 13-2508a, 13-2508b, 132509,13-2510, 13-2512 through 13-2519, 13-2519a, 13-2519b, 13-2520, 13-2521, 13-2522, 13-2525 through 13-2529, 13-2533 through 13-2537 and 13-2540 through 13-2544; concerning certain cities; relating to parks, parkways, boulevards and playgrounds, by Committee on Federal and State Affairs. HB 2558, An act repealing K.S.A. 13-2401 through 13-2409, 13-2409a, 13-2410, 132411, 13-2412, 13-2414, 13-2414a and 13-2415 through 13-2429; concerning certain cities; relating to waterworks departments, by Committee on Federal and State Affairs. HB 2559, An act repealing K.S.A. 13-2101 through 13-2106, 13-2108, 13-2109, 13-2110 and 13-2903; concerning certain cities; relating to certain officers and powers and duties thereof, by Committee on Federal and State Affairs. March 25, 1997 557 HB 2560, An act repealing K.S.A. 13-3101 through 13-3116; concerning certain cities; relating to public transportation, by Committee on Federal and State Affairs. HB 2561, An act repealing K.S.A. 13-2701, 13-2702 and 13-2704 through 13-2711; concerning certain cities; relating to certain revenues, by Committee on Federal and State Affairs. HB 2562, An act repealing K.S.A. 13-701 through 13-704 and K.S.A. 13-771 through 13790; relating to fire departments in certain cities, by Committee on Federal and State Affairs. HB 2563, An act regulating traffic; concerning fleeing or eluding police officer; amending K.S.A. 1996 Supp. 8-1568 and repealing the existing section, by Committee on Federal and State Affairs. HB 2564, An act repealing K.S.A. 13-1426, 13-1427, 13-1428, 13-14,111, 13-14,112, 131901, 13-1903 and 13-1904; concerning certain cities; relating to the powers and duties of the governing body thereof, by Committee on Federal and State Affairs. HB 2565, An act repealing K.S.A. 13-1501, 13-1812 and 13-2905 through 13-2908; concerning certain cities; relating to the form of government and changes therein, by Committee on Federal and State Affairs. HB 2566, An act repealing K.S.A. 13-1411, 13-1424, 13-1702a, 13-1702e, 13-1702f, 131704, 13-1706, 13-1707a through 13-1707l, 13-1709, 13-1801, 13-1802, 13-1804 through 13-1808, 13-1810, 13-1813, 13-2001, 13-2002, 13-2003 and 13-2005 through 13-2011; concerning certain cities; relating to the governing body thereof, by Committee on Federal and State Affairs. HB 2567, An act repealing K.S.A. 13-205, 13-206, 13-303, 13-304 and 13-305; concerning certain cities; relating to elections, by Committee on Federal and State Affairs. HB 2568, An act concerning cities and counties; relating to charter ordinances and charter resolutions; amending K.S.A. 19-101b and repealing the existing section, by Committee on Taxation. HB 2569, An act concerning social welfare; relating to eligibility requirements for assistance; restrictions for persons who are not citizens of the United States; amending K.S.A. 1996 Supp. 39-709 and repealing the existing section, by Committee on Appropria tions. MESSAGE FROM THE GOVERNOR HB 2015, 2023, 2044, 2057, 2065, 2182, 2216 approved on March 24, 1997. REPORT ON ENGROSSED BILLS HB 2278, 2490 reported correctly engrossed March 25, 1997. On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Wednesday, March 26, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+