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


                             FIFTY-FIRST DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                            TOPEKA, KAN., Wednesday, March 26, 1997, 9:00 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. Gregory was excused on excused absence by the Speaker.
  Present later: Rep. Gregory.
  Prayer by Chaplain Washington:
   Heavenly Father,
     Thank You for being today, and then for blessing us with Your Being.
     According to Psalm 139:7-10, You are omnipresent . . . You are
   everywhere all at once, which means Your Eyes see all of us individually,
   yet simultaneously: Which means Your Ears hear every profitable and
   unprofitable word, for which we must give an account (Matthew 12:36).
   Nothing escapes You. Thank You for the awareness of our accountability.
     Also according to Psalm 139:1-6, You are omniscient . . . You are All
   knowing, which means You know all the options. Therefore when we seek Your
   direction, knowing that You know, we need not worry, for You get it right
   every time. Thank You for the comforting assurance of Your omniscience.
     According to Genesis 18:9-14a, and Luke 1:26-38, You are omnipotent . .
   . You possess All power. Lord, You even have power Over all power, which
   means that absolutely nothing can hinder Your plans for our good (Jeremiah
   29:11). Thank You for the surety . . . for the certainty of Your power
   toward us.
     According to 1 John 4:16, Your nature is Love, and since You do not
   function contrary to Your nature, Your commands to us are always best for
   us. Thank You for Your Love.
     Thank You for being eternally God and offering to us eternal Godness
   (Psalm 139:24).
     I come to you in the Name of Jesus, Amen and Amen

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bill was introduced and read by title:
  HB 2570, An act concerning crimes and punishments; defining and
classifying the crime of aggravated criminal threat, by Committee on Federal
and State Affairs.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Agriculture: HB 2546.
  Appropriations: HB 2547, 2569.
  Education: HB 2544.
  Governmental Organization and Elections: HB 2545, 2548, 2549, 2550,
2551, 2552, 2553, 2554, 2555, 2556, 2557, 2558, 2559, 2560, 2561, 2562, 2564,
2565, 2566, 2567.
  Judiciary: HB 2563.
  Taxation: HB 2568.

                                 March 26, 1997                             559


COMMUNICATIONS FROM STATE OFFICERS

  From Mark S. Beck, Director of Property Valuation, in accordance with
K.S.A. 1996 Supp. 79-1490, 1996 Preliminary Real Estate Sales Ratio Study.
  From the Legislature of the State of Alaska, Legislative Resolve No. 3
urging the United States Congress to pass legislation to open the coastal
plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas
exploration, development, and production.
  The complete reports are kept on file and open for inspection in the office
of the Chief Clerk.

MESSAGE FROM THE SENATE

  The Senate nonconcurs in House amendments to SB 65, requests a
conference and has appointed Senators Lawrence, Langworthy and Lee as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 99, requests a
conference and has appointed Senators Kerr, Salisbury and Petty as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 131, requests a
conference and has appointed Senators Vidricksen, Jordan and Karr as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 132, requests a
conference and has appointed Senators Steffes, Praeger and Feleciano as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 166, requests a
conference and has appointed Senators Vidricksen, Jordan and Gilstrap as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2137 and has appointed Senators Steffes, Praeger and Feleciano as
conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 65.
  Speaker Shallenburger thereupon appointed Reps. O'Neal, Shore and Reardon
as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 99.
  Speaker Shallenburger thereupon appointed Reps. Phil Kline, Farmer and
Helgerson as
conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 131.
  Speaker Shallenburger thereupon appointed Reps. Hayzlett, Howell and Dillon
as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 132.
  Speaker Shallenburger thereupon appointed Reps. Cox, Humerickhouse and
Correll as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 166.
  Speaker Shallenburger thereupon appointed Reps. Allen, Palmer and Alldritt
as conferees on the part of the House.

INTRODUCTION OF ORIGINAL MOTIONS

  In accordance with subsection (b) of House Rule 1309, Rep. Tanner moved
that SB 293  be withdrawn from Committee on Environment and be placed
on the calendar under the order of business General Orders.
  (The Chief Clerk of the House of Representatives is requested to read this
motion and cause it to be printed in the Calendar of March 27, 1997, under
the order of business ``Consideration of Motions and House Resolutions
Offered on a Previous Day'' as provided by House Rule 1309 (b).)

560                           JOURNAL OF THE HOUSE


CONSENT CALENDAR

  No objection was made to SB 82, 186, 302 appearing on the Consent
Calendar for the first day.
  No objection was made to SB 58, 190 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

  SB 58, An act concerning the Kansas development finance authority;
relating to the board of directors thereof; amending K.S.A. 1996 Supp.
74-8903 and repealing the existing section, 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, Garner, Geringer, Gilbert, Gilmore,
Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes,
Horst, Howell, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk,
Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin,
Lloyd, J. Long, P. Long, Mason, Mayans, 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: Freeborn, Jennison, Mays.
  Present but not voting: None.
  Absent or not voting: Dean, Gregory.
  The bill passed.
  SB 190, An act concerning the state certified and licensed real
property appraisers act; board actions on licenses and certificates; amending
K.S.A. 58-4118 and 58-4123 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 123; Nays 0; Present but not voting 0;
Absent or not voting 2.
  Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon,
Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow,
Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert,
Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, O'Neal, 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, Gregory.
  The bill passed.
  HB 2155, An act relating to state officers and employees; concerning
a drug screening program for certain state officers and employees and certain
applicants for state employment; amending K.S.A. 1996 Supp. 75-4362 and
repealing the existing section, was considered on final action.
  On roll call, the vote was: Yeas 76; Nays 47; Present but not voting 0;
Absent or not voting 2.

                                 March 26, 1997                             561

  Yeas: Adkins, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Campbell,
Carmody, Compton, Cox, Crow, Dahl, Dreher, Edmonds, Empson, Faber, Farmer,
Flaharty, Freeborn, Geringer, Gilmore, Glasscock, Hayzlett, Helgerson, Henry,
Holmes, Horst, Howell, Huff, Jennison, Johnson, Kejr, Phil Kline, Krehbiel,
Landwehr, Lane, Larkin, Lloyd, P. Long, Mason, Mayans, McClure, McCreary,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal,
Osborne, Palmer, Pauls, J. Peterson, Pottorff, Powell, Presta, Ray,
Reinhardt, Ruff, Samuelson, Shore, Shriver, Shultz, Sloan, Stone, Tanner,
Toplikar, Vining, Wagle, Weber, Wempe, Wilk, Wilson.
  Nays: Alldritt, Aurand, Bradley, Burroughs, Correll, Dillon, Feuerborn,
Findley, Flora, Flower, Franklin, Garner, Gilbert, Grant, Haley, Henderson,
Humerickhouse, Hutchins, Johnston, Kirk, Klein, Phill Kline, Kuether, J.
Long, Mays, McKechnie, Nichols, Packer, E. Peterson, Phelps, Powers, Reardon,
Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Spangler, Storm, Swenson,
Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Wells, Welshimer.
  Present but not voting: None.
  Absent or not voting: Dean, Gregory.
  The bill passed, as amended.
  HB 2297, An act concerning insurance; relating to health insurance;
mandating coverage for reconstructive breast surgery following a mastectomy
or similar procedure; relating to diagnosis and treatment of osteoporosis;
amending K.S.A. 1996 Supp. 40-1909 and 40-19c09 and repealing the existing
sections; also repealing K.S.A. 40-1909, as amended by section 110 of chapter
229 of the 1996 Session Laws of Kansas, and 40-19c09, as amended by section
113 of chapter 229 of the 1996 Session Laws of Kansas, was considered on
final action.
  On roll call, the vote was: Yeas 110; Nays 12; 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, Dahl,
Dillon, Dreher, Edmonds, Empson, Farmer, Feuerborn, Findley, Flaharty, Flora,
Flower, Franklin, Garner, Gilbert, Gilmore, Glasscock, Grant, Haley,
Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Hutchins,
Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure,
McCreary, McKechnie, McKinney, Minor, Nichols, O'Connor, O'Neal, Packer,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz,
Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.
  Nays: Aurand, Faber, Freeborn, Geringer, Humerickhouse, Jennison, Kejr,
Mollenkamp, Morrison, Myers, Neufeld, Osborne.
  Present but not voting: Mayans.
  Absent or not voting: Dean, Gregory.
  The bill passed, as amended.
  SB 164, An act concerning the board of nursing; licensees of the
board; exempt licenses; fees; amending K.S.A. 65-1131 and 65-4208 and K.S.A.
1996 Supp. 65-1115, 65-1116, 651118, 65- 1120, 65-1124, 65-1152, 65-4203 and
65-4209 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, 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, Nichols,
O'Connor, O'Neal,

562                           JOURNAL OF THE HOUSE

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: McKechnie, Neufeld.
  Present but not voting: None.
  Absent or not voting: Dean, Gregory.
  The bill passed, as amended.
  SB 204, An act relating to accident and health insurance; group and
individual policies of insurance; amending K.S.A. 40-2118 and 40-2228 and
K.S.A. 1996 Supp. 40-1909, 4019a10, 40-19b10, 49- 19c09, 40-19d10, 40-2122,
40-2124, 40-2209, 40-2209d, 40-2209f and 40-3209 and repealing the existing
sections; 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, 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, 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, Haley, Hayzlett, Helgerson, Henderson, Henry,
Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson,
Johnston, Kejr, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane,
Larkin, Lloyd, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKinney,
Mollenkamp, Morrison, Myers, Neufeld, 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, Wells, Welshimer, Wilk, Wilson.
  Nays: Kirk, Krehbiel, McKechnie, Minor, Nichols, Weiland, Wempe.
  Present but not voting: Mayans.
  Absent or not voting: Dean, Gregory.
  The bill passed, as amended.
                              EXPLANATION OF VOTE
  Mr. Speaker: I vote yes on SB 204. The Kassebaum health care bill is
the first step to returning our country to health care solvency. Currently
only those employed with companies providing health plans are allowed to
deduct their health care premiums from before tax income.
  This federal legislation allows for the deduction of health care premiums
by all persons on their federal returns to be phased in until it is 80%
deductible by early next century. This change if coupled with choice and
market forces in the area of Medicare and Medicaid would eventually lead to a
decreased overall cost of medical services in this country.--Terry Presta

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Glasscock, the House nonconcurred in Senate amendments to
HB 2020 and asked for a conference.
  Speaker Shallenburger thereupon appointed Reps. Glasscock, Powers and
Welshimer as conferees on the part of the House.
  On motion of Rep. Lloyd, the House nonconcurred in Senate amendments to
HB 2303 and asked for a conference.
  Speaker Shallenburger thereupon appointed Reps. Lloyd, Freeborn and McClure
as conferees on the part of the House.

                                 March 26, 1997                             563


INTRODUCTION OF ORIGINAL MOTIONS

  In accordance with subsection (b) of House Rule 1309, Rep. Tanner moved
that SB 278  be withdrawn from Committee on Environment and be placed
on the calendar under the order of business General Orders.
  (The Chief Clerk of the House of Representatives is requested to read this
motion and cause it to be printed in the Calendar of March 27, 1997, under
the order of business ``Consideration of Motions and House Resolutions
Offered on a Previous Day'' as provided by House Rule 1309 (b).)
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Wilk in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Wilk, Committee of the Whole report, as follows, was
adopted:
  Recommended that committee report to SB 221 be adopted; also on
motion of Rep. Presta be amended on page 6, after line 32, by inserting the
following:
  ``Sec. 3.  K.S.A. 1996 Supp. 65-180 is hereby amended to read as follows:
65-180. The secretary of health and environment shall:
  (a)  Institute and carry on an intensive educational program among
physicians, hospitals, public health nurses and the public concerning
congenital hypothyroidism, galactosemia, phenylketonuria and other genetic
diseases detectable with the same specimen. This educational program shall
include information about the nature of such conditions and examinations for
the detection thereof in early infancy in order that measures may be taken to
prevent the mental retardation or morbidity resulting from such conditions.
  (b)  Provide recognized screening tests for phenylketonuria, galactosemia,
hypothyroidism and such other diseases as may be appropriately detected with
the same specimen. The initial laboratory screening tests for these diseases
shall be performed by the department of health and environment for all
infants born in the state. Such services shall be performed without charge.
  (c)  Provide a follow-up program by providing test results and other
information to identified physicians; locate infants with abnormal newborn
screening test results; with parental consent, monitor infants to assure
appropriate testing to either confirm or not confirm the disease suggested by
the screening test results; with parental consent, monitor therapy and
treatment for infants with confirmed diagnosis of congenital hypothyroidism,
galactosemia, phenylketonuria or other genetic diseases being screened under
this statute; and establish ongoing education and support activities for
individuals with confirmed diagnosis of congenital hypothyroidism,
galactosemia, phenylketonuria and other genetic diseases being screened under
this statute and for the families of such individuals.
  (d)  Maintain a registry of cases including information of importance for
the purpose of follow-up services to prevent mental retardation or morbidity.
  (e)  Provide the necessary treatment product for diagnosed cases for as
long as medically indicated, when the product is not available through other
state agencies. In addition to diagnosed cases under this section,
diagnosed cases of maple syrup urine disease shall be included as a diagnosed
case under this subsection.
  (f)  Except for treatment products provided under subsection (e), if the
medically necessary food treatment product for diagnosed cases must be
purchased, the purchaser shall be reimbursed by the department of health and
environment for costs incurred up to $1,500 per year per diagnosed child age
18 or younger at 100% of the product cost upon submission of a receipt of
purchase identifying the company from which the product was purchased. In
addition to diagnosed cases under this section, diagnosed cases of maple
syrup urine disease shall be included as a diagnosed case under this
subsection. As an option to reimbursement authorized under this subsection,
the department of health and environment may purchase food treatment products
for distribution to diagnosed children in an amount not to exceed $1,500 per
year per diagnosed child age 18 or younger.'';
  And by renumbering sections accordingly;
  Also on page 6, in line 33, after ``Supp.'' by inserting ``65-180 and'';

564                           JOURNAL OF THE HOUSE

  On page 1, in the title, in line 14, after ``care'' by inserting ``;
relating to health care''; in line 15, before ``amending'' by inserting
``concerning cost reimbursement for certain food treatment products;''; also
in line 15, after ``Supp.'' by inserting ``65-180 and''; and SB 221 be
passed as amended.
  Committee reports to HB 2272 be adopted; also, on motion of Rep.
McKinney be amended on page 24, following line 42, by inserting the following
material to read as follows:
  ``Sec. 56.
BEHAVIORAL SCIENCES REGULATORY BOARD
  (a)  Notwithstanding the provisions of any other statute to the contrary,
on and after the effective date of this act, no moneys appropriated in the
behavioral sciences regulatory board fee fund for the fiscal year ending June
30, 1997, by section 6(a) of chapter 224 of the 1995 session laws of Kansas,
section 52(a) of chapter 272 of the 1996 session laws of Kansas, or this or
other appropriation act of the 1997 regular session of the legislature, shall
be expended for any operating expenditures or other expenses for any
disciplinary action or other disciplinary activity by the behavioral sciences
regulatory board or by any officer or employee of the behavioral sciences
regulatory board against any person, who is hereinafter referred to in this
subsection as a state supervisor, who is licensed by the behavioral sciences
regulatory board as a licensed social worker and who is or was employed by
the department of social and rehabilitation services in a position with
supervisory responsibility over another person who is licensed by the
behavioral sciences regulatory board as a licensed social worker, for any
failure by such state supervisor to make any report to the behavioral
sciences regulatory board regarding the impaired condition of such licensed
social worker, who is or was employed by the department of social and
rehabilitation services in a position requiring the employee to be a licensed
social worker and who was dismissed, demoted or suspended as a direct result
of the impaired condition of such licensed social worker in accordance with
K.S.A. 75-2949 through 75-2949f, and amendments thereto, under the Kansas
civil service act while under the supervisory responsibility of such state
supervisor.'';
  And by renumbering sections accordingly;
  In the title, in line 37, by striking ``and'' and inserting in lieu thereof
a comma; also in line 37, before the semicolon, by inserting ``and behavioral
sciences regulatory board'';
  Also, on motion of Rep. Farmer HB 2272 be amended on page 21, by
striking all in lines 28 through 43;
  On page 22, by striking all in lines 1 through 11;
  Also, on motion of Rep. Reinhardt to amend HB 2272, the motion did
not prevail and the bill be passed as amended.
  Committee reports to HB 2160 be adopted; also, on motion of Rep. Phil
Kline be amended on page 57, in line 37, by subtracting $85,941 from the
dollar amount and by adjusting the dollar amount in line 37 accordingly;
following line 37, by inserting the following material to read as follows:
``Cherokee county superfund match ........................... $85,941'';
  Also, on motion of Rep. Neufeld HB 2160 be amended on page 63, in
line 42, before the period by inserting the following: ``: Provided,
That no such transfer shall be made pursuant to this subsection from any
special revenue fund established by any Kansas statute, including but not
limited to the following special revenue funds: Insurance statistical plan
fund established by K.S.A. 40-2251 and amendments thereto; mined-land
conservation and reclamation fee fund established by K.S.A. 49-420 and
amendments thereto; public water supply fee fund established by K.S.A.
65-163c and amendments thereto; air quality fee fund established by K.S.A.
1996 Supp. 65-3024 and amendments thereto; solid waste management fund
established by K.S.A. 65-3415a and amendments thereto; waste tire management
fund established by K.S.A. 65-3424g and amendments thereto; underground
petroleum storage tank release trust fund established by K.S.A. 65-34,114 and
amendments thereto; aboveground petroleum storage tank release trust fund
established by K.S.A. 6534,129 and amendments thereto; drycleaning facility
release trust fund established by K.S.A. 1996 Supp. 65-34,146 and amendments
thereto'';
  Also, on motion of Rep. Mollenkamp to amend HB 2160, the motion did
not prevail.

                                 March 26, 1997                             565

  Also, on motion of Rep. Wilson HB 2160 be amended on page 27, in line
38, by adding $243,546 to the dollar amount and by adjusting the dollar
amount in line 38 accordingly;
  Also, on motion of Rep. Nichols HB 2160 be amended on page 67, in
line 30, before the period by inserting ``: And provided further, That
the aggregate amount of expenditures from this account for grants or
reimbursement payments for services to Keys for Networking shall not exceed
$160,000'';
  Also, on motion of Rep. Stone HB 2160 be amended on page 95, in line
17, by adding $200,000 to the dollar amount and by adjusting the dollar
amount in line 17 accordingly;
  Also, on motion of Rep. Sloan HB 2160 be amended on page 85, in line
41, before the period by inserting ``: And provided further, That
expenditures shall be made from this account for acquisition and installation
of appropriate signage at or near the juncture of U.S. Highway 24 and the
Perry-Lecompton road to provide information about and directions to historic
sites in the local area'';
  Also, on further motion of Rep. Sloan HB 2160 be amended on page 99,
in line 34, before the period, by inserting ``: Provided further, That
expenditures shall be made from the operating expenditures (including
official hospitality) account of the state general fund for acquisition of
computer hardware and software and associated equipment and for operating
expenditures to provide computer internet connection services for the natural
museum of history of the university of Kansas to establish, develop and
maintain an electronic internet web site displaying the collections of the
natural history museum, including the collections of Kansas plant and animal
species: And provided further, That, if any such expenditures are made
from this account to establish, develop and maintain such electronic internet
web site pursuant to a contract for services with one or more private service
providers, such expenditures shall be made only pursuant to contracts with
qualified service providers having demonstrated experience which includes
development of print or electronic media educational displays or
presentations of wildlife or other natural history information: And
provided further, That expenditures from this account to establish,
develop and maintain an electronic internet web site displaying the
collections of the natural history museum, including the collections of
Kansas plant and animal species, shall not exceed $30,000'';
  Also, on motion of Rep. Shore to amend HB 2160, the motion did not
prevail and rose and reported progress (see further action in Committee of
the Whole, Afternoon Session).

REPORTS OF STANDING COMMITTEES

  The Committee on Appropriations recommends HB 2213 be passed.
  The Committee ono Business, Commerce and Labor recommends SB
151, as amended by Senate Committee of the Whole, be passed.
  The Committee on Business, Commerce and Labor recommends HB
2501 be amended by substituting a new bill to be designated as
``Substitute for HOUSE BILL No. 2501,'' as follows:
``SUBSTITUTE FOR HOUSE BILL No. 2501
The Committee on Business, Commerce and Labor
``AN ACT relating to qualifications for appointment as a county or district
appraiser; amending K.S.A. 19-430 and repealing the existing section.''; and
the substitute bill be passed.
  (Sub. HB 2501 was thereupon introduced and read by title.)
  The Committee on Business, Commerce and Labor recommends HB
2509 be amended on page 1, in line 25, by striking ``and'' and inserting a
comma; in line 26, before the period, by inserting ``and other technical
professions''; in line 33, by striking ``and'' and inserting a comma; in line
34, before the period, by inserting ``and other technical professions''; in
line 42, by striking ``and'' and inserting a comma; also in line 42, before
the period, by inserting ``and other technical professions'';
  On page 2, in line 25, by striking ``and'' and inserting a comma; also in
line 25, after ``architects'' by inserting ``and other technical
professions'';
  On page 7, in line 15, by striking ``and'' and inserting a comma; in line
16, after ``architects'' by inserting ``and other technical professions'';

566                           JOURNAL OF THE HOUSE

  On page 10, in line 11, by striking ``and'' and inserting a comma; also in
line 11, after ``architects'', by inserting ``and other technical
professions''; in line 27, by striking ``and'' and inserting a comma; also in
line 27, before the period, by inserting ``and other technical professions'';
in line 30, by striking ``and'' and inserting a comma; also in line 30, after
``architects'', by inserting ``and other technical professions''; in line 34,
by striking ``and'' and inserting a comma; also in line 34, before the
period, by inserting ``and other technical professions''; in line 40, by
striking ``and'' and inserting a comma; also in line 40, after the second
``architects'', by inserting ``and other technical professions'';
  On page 14, in line 3, by striking ``and'' where it first appears and
inserting a comma; also in line 3, after the second ``architects'' by
inserting ``and other technical professions''; in line 8, by striking ``and''
and inserting a comma; also in line 8, before ``or'', by inserting ``and
other technical professions''; in line 14, by striking ``and'' and inserting
a comma; also in line 14, after ``architects'', by inserting ``and other
technical professions''; in line 16, by striking ``and'' and inserting a
comma; in line 17, before ``for'' by inserting ``and other technical
professions''; in line 24, by striking ``and'' and inserting a comma; also in
line 24, before the period, by inserting ``and other technical professions'';
in line 34, by striking ``and'' and inserting a comma; also in line 34,
before ``finds'' by inserting ``and other technical professions'';
  On page 15, in line 13, by striking ``and'' where it first appears and
inserting a comma; also in line 13, before ``shall'', by inserting ``and
other technical professions''; in line 20, by striking ``and'' and inserting
a comma; also in line 20, after the second ``architects'' by inserting ``and
other technical professions'';
  On page 16, in line 3, by striking ``and'', and inserting a comma; also in
line 3, before the semicolon, by inserting ``and other technical
professions'';
  On page 18, in line 20, by striking ``and'' and inserting a comma; also in
line 20, after the second ``architects'' by inserting ``and other technical
professions''; and the bill be passed as amended.
  The Committee on Economic Development recommends SB 18, as
amended by Senate Committee, be amended on page 2, in line 20, after
``president'' by inserting ``or chancellor''; in line 25, after ``president''
by inserting ``or chancellor''; in line 39, by after`` officers'' by striking
the comma and inserting ``and''; also in line 39, by striking ``and board
members''; in line 42, after ``officers'' by striking the comma and inserting
``or''; also in line 42, by striking ``and board members'';
  On page 3, in line 1, after ``cer'' by striking the comma and inserting
``or''; also in line 1, by striking ``or board member''; in line 4, after
``cer'' by striking the comma and inserting ``or''; also in line 4, by
striking ``or board member''; in line 5, after ``officer's'' by inserting
``or''; in line 6, by striking ``or board member's''; in line 9, after
``officer'' by striking the comma and inserting ``or''; also in line 9, by
striking ``or board member''; in line 10, after ``officer's'' by striking the
comma and inserting ``or''; also in line 10, by striking ``or board
member's''; following line 10, by inserting the following:
  ``Sec. 4.  K.S.A. 1996 Supp. 46-233 is hereby amended to read as follows:
46-233. (a)   (1) No state officer or employee shall in the capacity as such
officer or employee be substantially involved in the preparation of or
participate in the making of a contract with any person or business by which
such officer or employee is employed or in whose business such officer or
employee or any member of such officer's or employee's immediate family has a
substantial interest and no such person or business shall enter into any
contract where any state officer or employee, acting in such capacity, is a
signatory to, has been substantially involved in the preparation of or is a
participant in the making of such contract and is employed by such person or
business or such officer or employee or any member of such officer's or
employee's immediate family has a substantial interest in such person or
business. Substantial interest means ``substantial interest'' as defined
by K.S.A. 46-229, and amendments thereto, and any such interest held within
the preceding twelve months of the act or event of participating in the
preparation of making a contract.
  (2)  Except as otherwise provided in this subsection, whenever any
individual has, within the preceding two years participated as a state
officer or employee in the making of any contract with any person or
business, such individual shall not accept employment with such person or
business for one year following termination of as an employee,
independent

                                 March 26, 1997                             567

contractor or subcontractor until two years after performance of the contract
is completed or until two years after the individual terminates employment
as a state officer or employee, whichever is sooner. This prohibition
on accepting employment shall not apply in any case in which: (A) A state
officer or employee who participated in making a contract while employed by
an institution that is subsequently closed or abolished or otherwise ceases
operations or that has budget reductions imposed that are associated with
such closure and who is laid off from employment with such institution for
the reason of such closure, abolition or cessation of operations or such
imposition of budget reductions; or (B) a state officer or employee who
participated in making a contract while employed by an institution that is
scheduled to be closed or abolished or to cease operations, who is scheduled
to be laid off from employment with such institution for the reason of the
scheduled closure, abolition or cessation of operations, and who voluntarily
terminates such employment after receiving such state officer or employee's
notice of the scheduled layoff. As used in this subsection (a)(2), ``laid
off'' and ``layoff'' mean, in the case of a state officer or employee in the
classified service under the Kansas civil service act, being laid off under
K.S.A. 75-2948, and amendments thereto, and, in the case of a state officer
or employee in the unclassified service under the Kansas civil service act,
being terminated from employment with the state agency by the appointing
authority, except that ``laid off'' and ``layoff'' shall not include any
separation from employment pursuant to a budget reduction or expenditure
authority reduction and a reduction of F.T.E. positions under K.S.A. 1996
Supp. 75-6801, and amendments thereto; and ``institution'' means Topeka state
hospital or Winfield state hospital and training center.
  (b)  No individual shall, while a legislator or within one year after the
expiration of a term as legislator, be interested pecuniarily, either
directly or indirectly, in any contract with the state, which contract is
funded in whole or in part by any appropriation or is authorized by any law
passed during such term, except that the prohibition of this subsection   (b)
shall not apply to any contract interest in relation to which a disclosure
statement is filed as provided by K.S.A. 46-239, and amendments thereto.
  (c)  No individual, while a legislator or within one year after the
expiration of a term as a legislator, shall represent any person in a court
proceeding attacking any legislative action taken or enactment made during
any term such individual served as a legislator as being unconstitutional
because of error in the legislative process with respect to such action or
enactment unless such legislator voted no upon the enactment of the measure
and declared on the record, during such term, that such legislation was
unconstitutional. The prohibition of this subsection (c) shall not apply to a
current or former legislator charged with a violation of such legislative
action or enactment.
  (d)  Subsections (a) and (b) shall not apply to the following:
  (1)  Contracts let after competitive bidding has been advertised for by
published notice; and
  (2)  Contracts for property or services for which the price or rate is
fixed by law.
  (e)  When used in this section:
  (1)  ``Substantial interest'' shall have the same meaning ascribed thereto
by K.S.A. 46229, and amendments thereto, and any such interest held within
the preceding 12 months of the act or event of participating in the
preparation of making a contract.
  (2)  ``Substantially involved in the preparation of or participate in the
making of a contract'' means having approved or disapproved a contract or
having provided significant factual or specific information or advice or
recommendations in relation to the negotiated terms of the contract.
  Sec. 5.  K.S.A. 46-267 is hereby amended to read as follows: 46-267.
(a) No person shall pay or accept or agree to pay or accept or
arrange for a third party to pay or agree to pay present, future, promised or
contingent compensation, or any part thereof, for lobbying which is
contingent upon the result achieved or attained.
  (b)  No person shall pay or accept or agree to pay or accept present,
future, promised or contingent compensation, or any part thereof, for the
referral of a person or persons to a lobbyist for lobbying services.
  (c)  No lobbying contract or agreement shall be valid or enforceable in a
court of law unless it is in writing, signed by all parties thereto and was
executed prior to the lobbyist's

568                           JOURNAL OF THE HOUSE

commencement of lobbying for the represented person under such contract or
agreement. Any such lobbying contract or agreement shall be invalid and
unenforceable unless such lobbyist complies with all lobbying laws and
lobbyist reporting requirements of this act.'';
  And by renumbering sections accordingly;
  Also on page 3, in line 11, after ``46-247'' by inserting ``, 46-267'';
also in line 11, after ``46-285'' by inserting ``and K.S.A. 1996 Supp.
46-233'';
  In the title, in line 10, by striking all after the semicolon; by striking
all in line 11; in line 12, by striking ``ities'' and inserting ``concerning
state officers and employees; relating to disclosure, lobbying and
lobbyists''; also in line 12, after ``46-247'' by inserting ``, 46-267'';
also in line 12, after ``46-285'' by inserting ``and K.S.A. 1996 Supp.
46-233''; and the bill be passed as amended.
  The Committee on Federal and State Affairs recommends SB 71, as
amended by Senate Committee, be passed.
  The Committee on Insurance recommends SB 93, as amended by
Senate Committee of the Whole, be amended on page 2, after line 15, by
inserting ``Proxy statements relating to the plan may be mailed to the
policyholders in accordance with the bylaws of the insurer.''; in line 39,
before the period, by inserting ``; except that, with respect to a mutual
insurance company authorized to transact the business of insurance in the
state of Kansas under the authority granted in article 10 or article 12 of
chapter 40 of the Kansas Statutes Annotated, ``policyholder'' means a
policyholder of the mutual insurer on the day the plan of conversion is
initially approved by the board of directors of the mutual insurer, whose
policy or policies have been in effect for not less than two out of three
years immediately prior to the date the board of directors approved the plan,
or whose policy or policies have been in effect for at least 90 days during
the 365 days immediately preceding the date the board of directors approved
the plan if the insured is a crop hail insurance policyholder``; in line 42,
by striking ``or'' and inserting a comma; also in line 42, after ``(c)'', by
inserting ``or (d)'';
  On page 7, after line 2, by inserting an additional subsection as follows:
  ``(d)  Plan of conversion in which policyholders exchange their membership
interests for an option to purchase a proportionate amount of stock in the
converted company.
  A mutual insurer seeking to convert pursuant to this subsection may do so
by filing a plan of conversion containing:
  (1)  A description of any amendments to the insurer's articles of
incorporation to effect a conversion from a mutual corporation into a stock
corporation. Any other amendments proposed for the articles of incorporation
shall be set forth in the plan.
  (2)  The establishment of a conversion value, as of the calendar quarter
ending immediately preceding the date of the adoption of the resolution
specified in subsection (a) of K.S.A. 40-4002, and amendments thereto. The
conversion value shall be equal to the company's policyholders' surplus,
determined in accordance with the statutory method of accounting used in
preparing the last annual statement filed with the commissioner of insurance.
The insurer shall submit a list of qualified disinterested appraisers, from
which the commissioner shall appoint one or more such appraisers, who shall
establish the conversion value in accordance with the above procedure.
  (3)  The procedure by which each policyholder shall receive a proportionate
amount of the conversion value in the manner prescribed herein and in
paragraph (4). Such amount shall be based upon net premium paid to the
general account of the insurer within three years prior to the date on which
the board of directors approved the plan.
  (4)  Provisions whereby the insurer or any holding company of the insurer
shall distribute such proportionate conversion value, in the following
method:
  (A)  Each policyholder will be issued an option to purchase stock in the
converted company;
  (B)  the total stated value of the stock to be issued shall be equal to the
conversion value as determined in paragraph (2);
  (C)  the stock option shall provide that the policyholders may purchase the
stock at its stated value;
  (D)  the maximum amount of stock that may be purchased by each policyholder
shall be in proportion to the policyholder's share of the conversion value,
with the number of

                                 March 26, 1997                             569

shares rounded to the nearest whole number, plus any shares purchased
pursuant to purchased stock options, subject to the limitations provided in
subparagraph (J);
  (E)  policyholders not exercising their option to purchase the stock shall
be entitled to sell such option to any person or corporation, including the
parent corporation;
  (F)  the sale of any such stock option shall transfer to the purchaser all
rights in and conditions to the option;
  (G)  all stock options shall be exercised within 60 days from the date such
options are distributed to the policyholders and the options shall expire at
the end of such sixty-day period;
  (H)  the converted company or the parent corporation shall purchase, at a
price not less than the amount set forth in the plan, all stock options that
have not been exercised within 60 days from the date such options are
distributed to the policyholders;
  (I)  the converted company or the parent corporation shall purchase, at the
stated value, all stock not purchased pursuant to the stock options and such
purchase must be made within 60 days from the date the stock options expire;
  (J)  notwithstanding the provisions of subparagraph (D), ownership of the
voting stock of the insurer is subject to the provisions of K.S.A. 40-4008.
  The above distribution method shall constitute full payment and discharge
of the policyholder's proportionate conversion value, but this provision
shall shall not be held to prohibit the converted company or the parent
corporation from including in the plan provisions for the distribution of any
other valuable consideration to policyholders. Notwithstanding any other
provision of law, the policyholders shall have no other rights resulting from
membership in a mutual insurance company with respect to the insurer.
  (5)  A statement as to the number of shares to be authorized for the
insurer and their value. The paid-in capital and surplus of the converted
capital stock insurer shall be in an amount not less than two times the
minimum initial paid-in capital and surplus required of a domestic stock
insurer doing business as of the same date as the converted company, to
transact like kinds of insurance.
  (6)  Provisions establishing the method by which the initial board of
directors of the stock insurer will be selected.``; and the bill be passed as
amended.
  The Committee on Judiciary recommends SB 66 be passed.
  The Committee on Judiciary recommends SB 68, as amended by
Senate Committee, be passed.
  The Committee on Judiciary recommends SB 87, as amended by
Senate Committee of the Whole, be amended on page 1, after line 16, by
inserting the following:
  ``Section 1.  K.S.A. 1996 Supp. 12-4214 is hereby amended to read as
follows: 12-4214.   (a) Except as provided further, when a person is
charged with an ordinance traffic infraction or an ordinance cigarette or
tobacco infraction, the notice to appear shall provide a place where the
person may make a written entry of appearance, waive the right to a trial and
plead guilty or no contest. The notice to appear shall provide a space in
which the law enforcement officer, except as provided in subsection (b),
shall enter the appropriate fine specified in the fine schedule established
by the municipal judge in accordance with K.S.A. 12-4305 and amendments
thereto, in the case of a traffic infraction, or a fine of $25 as
established in subsection (d), in the case of an ordinance cigarette or
tobacco infraction. Either the notice to appear or a separate form provided
to the person by the law enforcement officer shall provide an explanation:
(1) Of the person's right to appear and right to trial and the person's right
to pay the appropriate fine prior to the appearance date; (2) that failure to
either pay such fine or appear at the specified time may result in
issuance of a warrant for the person's arrest; and (3) in the case of a
traffic infraction, that failure to either pay such fine or appear at the
specified time may result in the suspension of the person's driver's license.
The law enforcement officer shall provide the person with the telephone
number and address of the municipal court to which the written entry of
appearance, waiver of trial, plea of guilty or no contest and payment of fine
shall be mailed.
  (b)  In lieu of the law enforcement officer entering the appropriate fine
for an ordinance traffic infraction, the officer may direct the person
charged with an ordinance traffic infraction to contact the clerk of the
municipal court to determine the applicable fine or

570                           JOURNAL OF THE HOUSE

provide the person with a copy of the fine schedule established by the
municipal judge in accordance with K.S.A. 12-4305 and amendments thereto.
  (c)  When a person is charged with an ordinance cigarette or tobacco
infraction, the judge may require the juvenile to appear in court with a
parent or legal guardian.
  (d)  The fine for an ordinance cigarette or tobacco infraction shall be $25
for a first conviction, $50 for a second conviction, and $150 for a third or
subsequent conviction. In addition, the judge may require the juvenile to
complete, at the juvenile's own expense, an educational program, which shall
consist of a minimum of two hours, focusing on the dangers associated with
the use of cigarettes or tobacco products.
  (c) (e)  This section shall be a part of and supplemental to
the provisions of article 42 of chapter 12 of the Kansas Statutes Annotated
and acts amendatory thereof or supplemental thereto.
  Sec. 2.  K.S.A. 1996 Supp. 12-4305 is hereby amended to read as follows:
12-4305. (a) The municipal judge shall establish a schedule of fines which
shall be imposed for municipal ordinance violations that are classified as
ordinance traffic infractions. Also, the municipal judge may establish a
schedule of fines which shall be imposed for the violation of certain other
ordinances. Any fine so established shall be within the minimum and maximum
allowable fines established by ordinance for such offenses by the governing
body. The following traffic violations are specifically excluded from any
schedule of fines:
  (1)  Reckless driving;
  (2)  driving while under the influence of alcohol or drugs, or both, or
driving with a blood or breath alcohol concentration of .08 or more;
  (3)  driving without a valid license issued or on a canceled, suspended or
revoked license;
  (4)  fleeing or attempting to elude a police officer; or
  (5)  offense comparable to those prescribed by K.S.A. 8-1602, 8-1603 and
8-1604 and amendments thereto.
  (b)  A person charged with the violation of an ordinance contained in a
schedule of fines established under subsection (a) shall, except as provided
in subsection (c), appear at the place and time specified in the notice to
appear. If the person enters an appearance, waives right to trial, pleads
guilty or no contest, the fine shall be no greater than that specified in the
schedule.
  (c)  Except as provided in subsection (c) of K.S.A. 12-4214, and
amendments thereto, prior to the time specified in the notice to appear, a
person charged with an ordinance cigarette or tobacco infraction or a
violation of an ordinance contained in a schedule of fines established under
subsection (a) may enter an appearance, waive right to trial, plead guilty or
no contest and pay the fine for the violation as specified in the schedule or
in subsection (a) (d) of K.S.A. 12-4214 and amendments thereto.
At the election of the person charged, such appearance, waiver, plea and
payment may be made by mail or in person and payment may be by personal
check. The complaint shall not have been complied with if a check is not
honored for any reason, or the fine is not paid in full prior to the time
specified in the notice to appear. When a person charged with an ordinance
cigarette or tobacco infraction or an ordinance traffic infraction or other
ordinance violation on a schedule of fines makes payment without executing a
written waiver of right to trial and plea of guilty or no contest, the
payment shall be deemed such an appearance, waiver of right to trial and plea
of no contest.
  The municipal judge may authorize the clerk of the municipal court or some
other person to accept by mail or in person such voluntary appearance, plea
of guilty or no contest and payment of the fine imposed by the schedule or by
subsection (a) (d) of K.S.A. 12-4214 and amendments thereto.
  The schedule of fines and persons authorized to accept such pleas shall be
conspicuously displayed in the office where such voluntary appearance, plea
of guilty and payment of fine occurs.'';
  And by renumbering sections accordingly;
  On page 2, after line 5, by inserting the following:
  ``Sec. 3.  K.S.A. 1996 Supp. 21-4503a is hereby amended to read as follows:
21-4503a.   (a) A person who has been convicted of a felony may, in addition
to the sentence authorized by law, be ordered to pay a fine which shall be
fixed by the court as follows:

                                 March 26, 1997                             571

  (1)  For any off-grid felony crime or any felony ranked in severity level 1
of the drug grid as provided in K.S.A. 21-4705 and amendments thereto, a sum
not exceeding $500,000.
  (2)  For any felony ranked in severity levels 1 through 5 of the nondrug
grid as provided in K.S.A. 21-4704 and amendments thereto or in severity
levels 2 or 3 of the drug grid as provided in K.S.A. 21-4705 and amendments
thereto, a sum not exceeding $300,000.
  (3)  For any felony ranked in severity levels 6 through 10 of the nondrug
grid as provided in K.S.A. 21-4704 and amendments thereto or in severity
level 4 of the drug grid as provided in K.S.A. 21-4705 and amendments
thereto, a sum not exceeding $100,000.
  (b)  A person who has been convicted of a misdemeanor, in addition to or
instead of the imprisonment authorized by law, may be sentenced to pay a fine
which shall be fixed by the court as follows:
  (1)  For a class A misdemeanor, a sum not exceeding $2,500.
  (2)  For a class B misdemeanor, a sum not exceeding $1,000.
  (3)  For a class C misdemeanor, a sum not exceeding $500.
  (4)  For an unclassified misdemeanor, any sum authorized by the statute
that defines the crime. If no penalty is provided in such law, the fine shall
not exceed the fine provided herein for a class C misdemeanor.
  (c)  As an alternative to any of the above fines, the fine imposed may be
fixed at any greater sum not exceeding double the pecuniary gain derived from
the crime by the offender.
  (d)  A person who has been convicted of a traffic infraction may be
sentenced to pay a fine which shall be fixed by the court, not exceeding
$500.
  (e)  A person who has been convicted of a cigarette or tobacco infraction
shall be sentenced to pay a fine of $25 for a first conviction, $50 for a
second conviction and $150 for a third or subsequent conviction.
  (f)  The provisions of this section shall apply to crimes committed on or
after July 1, 1993.'';
  And by renumbering sections accordingly;
  On page 5, after line 15, by inserting the following:
  ``Sec. 10.  K.S.A. 1996 Supp. 79-3322 is hereby amended to read as follows:
79-3322.   (a) Any person who violates any of the provisions of this act,
except as otherwise provided in this act, shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine of not more than $1,000 or
imprisonment for not more than one year, or by both. In addition thereto any
person found liable for any license fee or tax imposed under the provisions
of this act shall be personally liable for such license fee or tax plus a
penalty in an amount equal to 100% thereof.
  (b) (1)  It is a class B person misdemeanor punishable by a minimum fine of
$200 for any person, directly or indirectly, to: (A) Sell, give or furnish
any cigarettes or tobacco products to any person under 18 years of age; or
(B) buy any cigarettes or tobacco products for any person under 18 years of
age. In determining the penalty to be imposed for a violation of this
subsection by a licensed retail dealer whose employee sold, furnished or
distributed the cigarettes or tobacco products, the court shall consider it
to be a mitigating circumstance if the employee had completed a training
program, approved by the secretary of revenue or the secretary's designee, in
avoiding sale, furnishing or distributing of cigarettes and tobacco products
to persons under 18 years of age.
  (2)  It shall be a defense to a prosecution under this subsection if: (A)
The defendant is a licensed retail dealer or a person authorized by law to
distribute samples; (B) the defendant sold, furnished or distributed the
cigarettes or tobacco products to the person under 18 years of age with
reasonable cause to believe the person was of legal age to purchase or
receive cigarettes or tobacco products; and (C) to purchase or receive the
cigarettes or tobacco products, the person under 18 years of age exhibited to
the defendant a driver's license, Kansas nondriver's identification card or
other official or apparently official document containing a photograph of the
person and purporting to establish that the person was of legal age to
purchase or receive cigarettes or tobacco products.
  (3)  It shall be a defense to a prosecution under this subsection if: (A)
The defendant engages in the lawful sale, furnishing or distribution of
cigarettes or tobacco products by mail; and (B) the defendant sold, furnished
or distributed the cigarettes or tobacco products

572                           JOURNAL OF THE HOUSE

to the person by mail only after the person had provided to the defendant an
unsworn declaration, conforming to K.S.A. 53-601 and amendments thereto, that
the person was 18 or more years of age.
  (c)  Violation of subsection (m) or (n) of K.S.A. 79-3321 and amendments
thereto is a cigarette or tobacco infraction for which the fine is $25 for
a first conviction, $50 for a second conviction and $150 for a third or
subsequent conviction. In addition, the judge may require the juvenile to
appear in court with a parent or legal guardian and further may require the
juvenile to complete, at the juvenile's own expense, an educational program,
which shall consist of a minimum of two hours, focusing on the dangers
associated with the use of cigarettes or tobacco products.
  (d)  Any agent, employees or others who aid, abet or otherwise participate
in any way in the violation of this act or in any of the offenses hereunder
punishable shall be guilty and punished as principals to the same extent as
any person violating this act.
  Sec. 11.  K.S.A. 1996 Supp. 79-3393 is hereby amended to read as follows:
79-3393. (a) When a person is stopped by a law enforcement officer for a
cigarette or tobacco infraction, the person shall not be taken before a judge
of the district court unless the person demands an immediate appearance
before a judge.
  (b)  When a person is stopped by a law enforcement officer for a
cigarette or tobacco infraction, the law enforcement officer may
shall prepare and deliver to the person a written cigarette or
tobacco citation on a form approved by the secretary of revenue or the
secretary's designee. The citation shall contain a notice to appear in court,
the name and address of the person, the offense or offenses charged, the time
and place when and where the person shall appear in court, the signature of
the law enforcement officer and any other pertinent information. The time
specified in the notice to appear shall be at least five days after the
alleged infraction unless the person charged with the infraction demands an
earlier hearing. The place specified in the notice to appear shall be before
a judge of the district court within the county where the infraction is
alleged to have been committed or before a judge of the municipal court
where the infraction is alleged to have been committed in a city which has
adopted an ordinance which prohibits the same acts.
  (c) (b)  The notice to appear shall may provide
a place where the person may make a written entry of appearance, waive the
right to a trial and plead guilty or no contest. The notice to appear shall
provide a space where the law enforcement officer shall enter the fine
specified in subsection (c) of K.S.A. 79-3322 and amendments thereto and
court costs in the amount provided by law that the person charged with
the infraction shall appear in court with a parent or legal guardian and
shall provide that the person charged has a right to trial.
  (d)  If the notice to appear does not do so, the law enforcement officer
shall provide a person charged with a cigarette or tobacco infraction a form
explaining the person's right to appear and right to a trial and the person's
right to pay the appropriate fine and court costs prior to the appearance
date.  The law enforcement officer shall provide the person with the address
of the court to which the written entry of appearance, waiver of trial, plea
of guilty or no contest and payment of fine and court costs shall be mailed.
  (e)  Any officer violating any of the provisions of subsection (d) is
guilty of misconduct in office and shall be subject to removal from office.
  (f)  Prior to the time specified in the notice to appear, a person charged
with a cigarette or tobacco infraction may enter a written appearance, waive
right to trial, plead guilty or no contest and pay the $25 fine and court
costs provided by law. Payment may be made by mail or in person and may be by
personal check. The cigarette or tobacco citation shall not have been
complied with if a check is not honored for any reason, or if the fine and
court costs are not paid in full. When a person charged with a cigarette or
tobacco infraction makes payment without executing a written waiver of right
to trial and plea of guilty or no contest, the payment shall be deemed such
an appearance, waiver of right to trial and plea of no contest.
  (g) (c)  Acts classified as cigarette or tobacco infractions by
subsection (c) of K.S.A. 793321 79-3322, and amendments thereto
shall be classified as ordinance cigarette or tobacco infractions by those
cities adopting ordinances prohibiting the same acts. The fine for an
ordinance cigarette or tobacco infraction shall be $25 for a first
conviction, $50 for a second

                                 March 26, 1997                             573

conviction and $150 for a third or subsequent conviction. In addition, the
judge may require the juvenile to complete, at the juvenile's own expense, an
educational program which shall consist of a minimum of two hours focusing on
the dangers associated with the use of cigarettes or tobacco products.'';
  And by renumbering sections accordingly;
  Also on page 5, in line 16, after ``Supp.'' by inserting ``12-4214,
12-4305,''; also in line 16, after ``21-3105,'' by inserting ``21-4503a,'';
in line 17, by striking ``and'' and inserting a comma; also in line 17, after
``79-3316'' by inserting ``, 79-3322 and 79-3393'';
  In the title, in line 12, after ``Supp.'' by inserting ``12-4214,
12-4305,''; also in line 12, after ``21-3105,'' by inserting ``21-4503a,'';
in line 13, by striking ``and'' where it appears for the first time and
inserting a comma; also in line 13, after ``79-3316'' by inserting ``,
79-3322 and 79-3393''; and the bill be passed as amended.
  The Committee on Judiciary recommends SB 106, as amended by
Senate Committee of the Whole, be amended on page 1, after line 36, by
inserting the following:
  ``Sec. 2.  (a) A conservator, with or without notice, upon the order of the
district court, may transfer property of the conservatee to a trust for the
benefit of the conservatee, if the court finds such transfer will enable the
conservatee to qualify for benefits from any federal, state or local
governmental program or will accelerate such qualification.
  (b)  For purposes of this section, a trust to which property of a
conservatee is transferred includes:
  (1)  A trust established by the conservator for the benefit of the
conservatee when the conservator, or its successors as appointed by the
court, serve as sole trustee of such trust, and the conservatee is the sole
beneficiary of such trust during its term; or
  (2)  a pooled trust established and managed by a nonprofit corporation,
certified in accordance with K.S.A. 59-3037, and amendments thereto, when a
separate account is established and maintained for the sole benefit of the
conservatee during the term of the account.
  (c)  Any property of a conservatee transferred to such a trust or account
within a trust shall be transferred upon a finding by the district court
that:
  (1)  The term of such a trust or account within a trust does not extend
beyond the conservatee's lifetime;
  (2)  the provisions of such trust or account within a trust provides for
the distribution of the trust estate for the benefit of the conservatee to
the extent not satisfied from government benefits, in the same manner and
under the same circumstances the property of the conservatee would have been
distributed for the benefit of the conservatee pursuant to the provisions of
article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments
thereto, had such transfer not occurred; and
  (3)  upon the termination of such trust or account within a trust, the
provisions of the trust require the entire trust estate or account, to the
extent not required to be expended to reimburse governmental entities for
benefits provided as a condition for qualification for such benefits, is to
be paid over and assigned to the conservatorship, should such termination
occur during the conservatee's lifetime, and to the legal representative of
the conservatee's estate, should such termination occur by virtue of the
conservatee's death.
  (d)  To the full extent not inconsistent with the provisions of this
section, any such trust created pursuant to the provisions of this section
and to which property of a conservatee is transferred pursuant to the
provisions of this section, and the trustee thereof shall be subject to the
provisions of article 30 of chapter 59 of the Kansas Statutes Annotated, and
amendments thereto, including but not limited to, investment authority,
bonding and annual and final accounting requirements and appointment of
successor trustees, in the same manner such provisions would have applied had
the property of the conservatee not been transferred to such trust.'';
  And by renumbering the remaining section accordingly;
  In the title, in line 11, before the period, by inserting ``; relating to
creation of trusts in certain circumstances''; and the bill be passed as
amended.
  The Committee on Judiciary recommends SB 214 be amended on page
6, in line 43, before the colon, by inserting ``, within one year of
reappointment'';
  On page 7, after line 10, by inserting the following:

574                           JOURNAL OF THE HOUSE

  ``New Sec. 8.  Sections 8 through 13 may be cited as the law enforcement
officers' bill of rights act.
  New Sec. 9.  As used in sections 8 through 13:
  (a)  ``Disciplinary action'' means the suspension, demotion, reduction in
pay or other employment benefit, dismissal, transfer, or similar action taken
against a law enforcement officer as punishment for misconduct.
  (b)  ``Disciplinary hearing'' means an administrative hearing initiated by
a law enforcement agency against a law enforcement officer, based on probable
cause to believe that the officer has violated or is violating a rule and
regulation, or procedure related to service as an officer and is subject to
disciplinary action.
  (c)  ``Emergency suspension'' means temporary action imposed by the head of
the law enforcement agency when that official determines that there is
probable cause to believe that a law enforcement officer:
  (1)  Has committed a felony; or
  (2)  poses an immediate threat to the safety of the officer or others or
the property of others.
  (d)  ``Investigation'':
  (1)  Means the action of a law enforcement agency, acting alone or in
cooperation with another agency, or a division or unit within an agency, or
the action of an individual law enforcement officer, taken with regard to
another enforcement officer, if such action is based on reasonable suspicion
that the law enforcement officer has violated, is violating, or will in the
future violate a statute or ordinance, or administrative rule and regulation,
or procedure relating to service as a law enforcement officer; and
  (2)  includes:
  (A)  Asking questions of other law enforcement officers or nonlaw
enforcement officers;
  (B)  conducting observations;
  (C)  evaluating reports, records, or other documents; and
  (D)  examining physical evidence.
  (e)  ``Law enforcement agency'' means a state or local public agency
charged by law with the duty to prevent or investigate crimes or apprehend or
hold in custody persons charged with or convicted of crimes.
  (f)  ``Law enforcement officer'' and ``officer'' means any person who by
virtue of such person's office or public employment is vested by law with a
duty to maintain public order or to make arrests for crimes, whether that
duty extends to all crimes or is limited to specific crimes.
  (g)  ``Summary punishment'' means punishment imposed for a minor violation
of a law enforcement agency's rules and regulations that does not result in
suspension, demotion, reduction in pay or other employment benefit,
dismissal, or transfer.
  New Sec. 10.  (a) Sections 8 through 13 sets forth rights that shall be
afforded a law enforcement officer who is the subject of an investigation.
  (b)  Sections 8 through 13 do not apply in the case of:
  (1)  A criminal investigation of a law enforcement officer's conduct; or
  (2)  a nondisciplinary action taken in good faith on the basis of a law
enforcement officer's employment related performance.
  (c)  Except when on duty or acting in an official capacity, no law
enforcement officer shall be prohibited from engaging in political activity
or be denied the right to refrain from engaging in such activity.
  New Sec. 11.  (a) When a law enforcement officer is under investigation
that could lead to disciplinary action, the following minimum standards shall
apply:
  (1)  A law enforcement officer shall be notified of the investigation prior
to being interviewed. Notice shall include the general nature and scope of
the investigation and all departmental violations for which reasonable
suspicion exists. No investigation based on a complaint from outside the law
enforcement agency may commence unless the complainant provides a signed
detailed statement. An investigation based on a complaint from outside the
agency shall commence within 15 days after receipt of the complaint by the
agency.

                                 March 26, 1997                             575

  (2)  At the conclusion of the investigation, the person in charge of the
investigation shall inform the law enforcement officer under investigation,
in writing, of the investigative findings and any recommendation for
disciplinary action that the person intends to make.
  (b)  When a law enforcement officer is subjected to questioning that could
lead to disciplinary action, the following minimum standards shall apply:
  (1)  Questioning of a law enforcement officer shall be conducted at a
reasonable hour, preferably when the law enforcement officer is on duty,
unless exigent circumstances otherwise require.
  (2)  Questioning of the law enforcement officer shall take place at the
offices of the persons who are conducting the investigation or the place
where the law enforcement officer reports for duty, unless the officer
consents in writing to being questioned elsewhere.
  (3)  The law enforcement officer under investigation shall be informed, at
the commencement of any questioning, of the name, rank and command of the
officer conducting the questioning.
  (4)  During any single period of questioning of the law enforcement
officer, all questions shall be asked by or through a single investigator.
  (5)  The law enforcement officer under investigation shall be informed in
writing of the nature of the investigation prior to any questioning.
  (6)  Any questioning of a law enforcement officer in connection with an
investigation shall be for a reasonable period of time and shall allow for
reasonable periods for the rest and personal necessities of the law
enforcement officer.
  (7)  Threats against, harassment of, or promise of reward shall not be made
in connection with an investigation to induce the answering of any question.
No statement given by the officer may be used in a subsequent criminal
proceeding unless the officer has received a written grant of use and
derivative use immunity or transactional immunity.
  (8)  All questioning of any law enforcement officer in connection with the
investigation shall be recorded in full, in writing or by electronic device,
and a copy of the transcript shall be made available to the officer under
investigation.
  (9)  The law enforcement officer under investigation shall be entitled to
counsel, or any other one person of the officer's choice, at any questioning
of the officer, unless the officer consents in writing to being questioned
outside the presence of counsel.
  New Sec. 12.  (a) Except in a case of summary punishment or emergency
suspension described in subsection (a) or (b) of section 13, if an
investigation of a law enforcement officer results in a recommendation of
disciplinary action, the law enforcement agency shall notify the law
enforcement officer that the law enforcement officer is entitled to a hearing
on the issues by a hearing officer or board prior to the imposition of any
disciplinary action.
  (b)  No disciplinary action may be taken unless a hearing officer or board
determines, pursuant to a fairly conducted disciplinary hearing, that the law
enforcement officer violated a statute, ordinance, resolution, or published
administrative rule and regulation, or procedure.
  (c)  No disciplinary charges may be brought against a law enforcement
officer unless filed within 90 days after the commencement of an
investigation, except for good cause shown.
  (d)  The law enforcement agency shall provide written, actual notification
to the law enforcement officer, not later than 30 days after the filing of
disciplinary charges, of the following:
  (1)  The date, time and location of the disciplinary hearing, which shall
take place not sooner than 30 days and not later than 60 days after
notification to the law enforcement officer under investigation unless waived
in writing by the officer.
  (2)  The name and mailing address of the hearing officer.
  (3)  The name, rank and command of the prosecutor, if a law enforcement
officer, or the name, position and mailing address of the prosecutor, if not
a law enforcement officer.
  (e)  During a disciplinary hearing an officer shall be entitled to be
represented by counsel or nonattorney representative.
  (f)  The disciplinary hearing shall be conducted by one of the following
entities:
  (1)  A hearing board consisting solely of police officers from the law
enforcement officer's department. The board shall contain an equal number of
commanders and rank

576                           JOURNAL OF THE HOUSE

and file officers. The commanders shall be of the rank of lieutenant and
above, and shall be appointed by the head of the agency or department. The
rank and file officers shall consist of the rank of sergeant and below, and
shall be selected by the law enforcement officer, such officer's
representative or counsel; or
  (2)  a neutral professional arbitrator registered with the federal
mediation and conciliation service or the American arbitration association,
and jointly selected by the law enforcement officer and such officer's
employer, from a list provided by either the federal mediation and
conciliation service or the American arbitration association.
  (g)  A law enforcement officer who is brought before a disciplinary hearing
board shall be provided access to all transcripts, records, written
statements, written reports, analyses and electronically recorded information
pertinent to the case that:
  (1)  Contain exculpatory information;
  (2)  are intended to support any disciplinary action; or
  (3)  are to be introduced in the disciplinary hearing.
  (h)  The disciplinary advocate for the law enforcement agency of which the
officer who is the subject of the hearing is a member shall notify the law
enforcement officer, or such officer's attorney if such officer is
represented by counsel, not later than 15 days prior to the hearing, of the
names and addresses of all witnesses for the law enforcement agency.
  (i)  The disciplinary advocate for the law enforcement agency of which the
officer who is the subject of the hearing is a member shall provide to the
law enforcement officer, at the law enforcement officer's request, not later
than 15 days prior to the hearing, a copy of the investigative file,
including all exculpatory and inculpatory information but excluding
confidential sources.
  (j)  The disciplinary advocate for the law enforcement agency of which the
officer who is the subject of the hearing is a member shall notify the law
enforcement officer, at the officer's request, not later than 15 days prior
to the hearing, of all physical, nondocumentary evidence, and provide a
reasonable date, time, place and manner for the officer to examine such
evidence at least 10 days prior to the hearing.
  (k)  The hearing board shall have the power to issue summonses to compel
testimony of witnesses and production of documentary evidence. If confronted
with a failure to comply with a summons, the hearing officer or board may
petition a court to issue an order, with failure to comply being subject to
contempt of court.
  (l)  A disciplinary hearing shall be closed to the public unless the law
enforcement officer who is the subject of the hearing requests, in writing,
that the hearing be open to specified individuals or the general public.
  (m)  All aspects of a disciplinary hearing, including prehearing motions,
shall be recorded by audio tape, video tape or transcription.
  (n)  Either side in a disciplinary hearing may move for and be entitled to
sequestration of witnesses.
  (o)  The hearing officer or board shall administer an oath or affirmation
to each witness, who shall testify subject to the applicable laws of perjury.
  (p)  At the conclusion of all the evidence, and after oral argument from
both sides, the hearing officer or board shall deliberate and render a
verdict on each charge.
  (q)  The prosecutor's burden of persuasion shall be by clear and convincing
evidence as to each charge involving false representation, fraud, dishonesty,
deceit or criminal behavior and by a preponderance of the evidence as to all
other charges.
  (r)  If the law enforcement officer is found not guilty of the disciplinary
violations, the matter is concluded and no disciplinary action may be taken.
  (s)  If the law enforcement officer is found guilty, the hearing officer or
board shall make a written recommendation of a penalty. The sentencing
authority may not impose a penalty greater than the penalty recommended by
the hearing officer or board.
  (t)  A law enforcement officer may appeal from a final decision of a law
enforcement agency to a court to the extent available in any other
administrative proceeding, in accordance with the Kansas administrative
procedure act.
  (u)  A law enforcement officer may waive any of the rights guaranteed by
sections 8 through 13 subsequent to the time that the officer has been
notified that the officer is under investigation. Such a waiver shall be in
writing and signed by the officer.

                                 March 26, 1997                             577

  New Sec. 13.  (a) Sections 8 through 13 do not preclude an agency from
providing for summary punishment or emergency suspension.
  (b)  An emergency suspension shall not affect or infringe on the health
benefits of a law enforcement officer or the officer's dependents.
  (c)  There shall be no penalty or threat of penalty against a law
enforcement officer for the exercise of the officer's rights under sections 8
through 13.
  (d)  Nothing in sections 8 through 13 shall be construed to impair any
other legal right or remedy that a law enforcement officer may have as a
result of a constitution, statute, ordinance, rule and regulation, collective
bargaining agreement or other sources of rights.
  (e)  A law enforcement officer who is being denied any right afforded by
sections 8 through 13 may petition the court for declaratory or injunctive
relief to prohibit the law enforcement agency from violating such right.
  (f)  A law enforcement agency shall not insert any adverse material into
the file of any law enforcement officer, or possess or maintain control over
any adverse material in any form within the law enforcement agency, unless
the officer has had an opportunity to review and comment in writing on the
adverse material.
  (g)  A law enforcement officer shall not be required or requested to
disclose any item of the officer's personal property, income, assets, sources
of income, debts, personal or domestic expenditures, including those of any
member of the officer's household, unless:
  (1)  The information is necessary to the investigation of a violation of
any federal law, state law, rule and regulation, or local resolution or
ordinance, with respect to the performance of official duties; and
  (2)  such disclosure is required by federal law, state law, rule and
regulation, or local resolution or ordinance.
  (h)  Sections 8 through 13 do not preempt existing mutually agreed upon
collective bargaining agreements in effect on the date of enactment of
sections 8 through 13 that are substantially similar to the rights and
coverage afforded under sections 8 through 13.'';
  And by renumbering sections accordingly;
  In the title, in line 10, before ``amending'' by inserting ``creating the
law enforcement officers' bill of rights;''; and the bill be passed as
amended.
  The Committee on Judiciary recommends SB 262 be amended on page
3, after line 42, by inserting the following:
  ``(g)  Nothing in K.S.A. 21-4623 through 21-4627, 21-4629 and 21-4631, and
amendments thereto, shall be construed to allow the attorney general to
overrule the county or district attorney concerning a capital murder
charge.'';
  On page 4, after line 4, by inserting the following:
  ``Sec. 4.  K.S.A. 1996 Supp. 21-4705 is hereby amended to read as follows:
21-4705. (a) For the purpose of sentencing, the following sentencing
guidelines grid for drug crimes shall be applied in felony cases under the
uniform controlled substances act for crimes committed on or after July 1,
1993:

578                           JOURNAL OF THE HOUSE


                                 March 26, 1997                             579

  (b)  The provisions of subsection (a) will apply for the purpose of
sentencing violations of the uniform controlled substances act except as
otherwise provided by law. Sentences expressed in the sentencing guidelines
grid for drug crimes in subsection (a) represent months of imprisonment.
  (c) (1)  The sentencing court has discretion to sentence at any place
within the sentencing range. The sentencing judge shall select the center of
the range in the usual case and reserve the upper and lower limits for
aggravating and mitigating factors insufficient to warrant a departure.
The sentencing court shall not distinguish between the controlled
substances cocaine base (9041L000) and cocaine hydrochloride (9041L005) when
sentencing within the sentencing range of the grid block.
  (2)  In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the prison sentence, the
maximum potential reduction to such sentence as a result of good time and the
period of postrelease supervision at the sentencing hearing. Failure to
pronounce the period of postrelease supervision shall not negate the
existence of such period of postrelease supervision.
  (3)  In presumptive nonprison cases, the sentencing court shall pronounce
the prison sentence as well as the duration of the nonprison sanction at the
sentencing hearing.
  (d)  Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such offender
in that grid block. If an offense is classified in a grid block below the
dispositional line, the presumptive disposition shall be nonimprisonment. If
an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in
grid blocks 3E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F, the court may impose an
optional nonprison sentence upon making the following findings on the record:
  (1)  An appropriate treatment program exists which is likely to be more
effective than the presumptive prison term in reducing the risk of offender
recidivism; and
  (2)  the recommended treatment program is available and the offender can be
admitted to such program within a reasonable period of time; or
  (3)  the nonprison sanction will serve community safety interests by
promoting offender reformation.
  Any decision made by the court regarding the imposition of an optional
nonprison sentence if the offense is classified in grid blocks 3-E, 3-F, 3-G,
3-H, 3-I, 4-E or 4-F shall not be considered a departure and shall not be
subject to appeal.
  Sec. 5.  K.S.A. 22-4505 is hereby amended to read as follows: 22-4505. (a)
When a defendant has been convicted in the district court of any felony, the
court shall inform the defendant of such defendant's right to appeal the
conviction to the appellate court having jurisdiction and that if the
defendant is financially unable to pay the costs of such appeal such
defendant may request the court to appoint an attorney to represent the
defendant on appeal and to direct that the defendant be supplied with a
transcript of the trial record.
  (b)  If the defendant files an affidavit stating that the defendant intends
to take an appeal in the case and if the court determines, as provided in
K.S.A. 22-4504 and amendments thereto, that the defendant is not financially
able to employ counsel, the court shall appoint counsel from the panel for
indigents' defense services or otherwise in accordance with the applicable
system for providing legal defense services for indigent persons prescribed
by the state board of indigents' defense services, to represent the defendant
and to perfect and handle the appeal. If the defendant files a verified
motion for transcript stating that a transcript of the trial record is
necessary to enable the defendant to prosecute the appeal and that the
defendant is not financially able to pay the cost of procuring such
transcript, and if the court finds that the statements contained therein are
true, the court shall order that such transcript be supplied to the defendant
as provided in K.S.A. 22-4509 and amendments thereto and paid for by the
state board of indigents' defense services pursuant to claims submitted
therefor.
  (c)  Upon an appeal or petition for certiorari addressed to the supreme
court of the United States, if the defendant is without means to pay the cost
of making and forwarding the necessary records, the supreme court of Kansas
may by order provide for the furnishing of necessary records.

580                           JOURNAL OF THE HOUSE

  (d)(1)  The state board of indigents' defense services shall provide by
rule and regulation for: (A) The assignment of attorneys to the panel for
indigents' defense services to represent indigent persons who have been
convicted of capital murder and are under sentence of death, in the direct
review of the judgment;
  (B)  standards of competency and qualification for the appointment of
counsel in capital cases under this section; and
  (C)  the reasonable compensation of counsel appointed to represent
individuals convicted of capital murder and under a sentence of death in the
appeal of such cases and for reasonable and necessary litigation expense
associated with such appeals.
  (2)  If a defendant has been convicted of capital murder and is under a
sentence of death, the district court shall make a determination on the
record whether the defendant is indigent. Upon a finding that the defendant
is indigent and accepts the offer of representation or is unable competently
to decide whether to accept or reject the offer, the court shall appoint one
or more counsel, in accordance with subsection (d)(1), to represent the
defendant.  If the defendant rejects the offer of representation, the court
shall find on the record, after a hearing if necessary, whether the defendant
rejected the offer of representation with the understanding of its legal
consequences. The court shall deny the appointment of counsel upon a finding
that the defendant is competent and not indigent.
  (3)  Counsel appointed to represent the defendant, under this section,
shall not have represented the defendant at trial unless the defendant and
counsel expressly request continued representation.
  Sec. 6.  K.S.A. 22-4506 is hereby amended to read as follows: 22-4506. (a)
Whenever any person who is in custody under a sentence of imprisonment upon
conviction of a felony files a petition for writ of habeas corpus or a motion
attacking sentence under K.S.A. 601507 and files with such petition or motion
such person's affidavit stating that the petition or motion is filed in good
faith and that such person is financially unable to pay the costs of such
action and to employ counsel therefor, the court shall make a preliminary
examination of the petition or motion and the supporting papers.
  (b)  If the court finds that the petition or motion presents substantial
questions of law or triable issues of fact and if the petitioner or movant
has been or is thereafter determined to be an indigent person as provided in
K.S.A. 22-4504 and amendments thereto, the court shall appoint counsel from
the panel for indigents' defense services or otherwise in accordance with the
applicable system for providing legal defense services for indigent persons
prescribed by the state board of indigents' defense services, to assist such
person and authorize the action to be filed without a deposit of security for
costs. If the petition or motion in such case raises questions shown by the
trial record, the court shall order that the petitioner or movant be supplied
with a transcript of the trial proceedings, or so much thereof as may be
necessary to present the issue, without cost to such person.
  (c)  If an appeal is taken in such action and if the trial court finds that
the petitioner or movant is an indigent person, the trial court shall appoint
counsel to conduct the appeal, order that the appellant be supplied with a
record of the proceedings or so much thereof as such counsel determines to be
necessary and order that the deposit of security for costs be waived.
  (d)(1)  The state board of indigents' defense services shall provide by
rule and regulation for: (A) The assignment of attorneys to the panel for
indigents' defense services to represent indigent persons, who have been
convicted of capital murder and are under sentence of death, upon a filing of
a petition for writ of habeas corpus or a motion attacking sentence under
K.S.A. 60-1507 and amendments thereto;
  (B)  standards of competency and qualification for the appointment of
counsel in capital cases under this section; and
  (C)  the reasonable compensation of counsel appointed to represent
individuals convicted of capital murder and under a sentence of death, during
proceedings conducted pursuant to subsection (a), (b) or (c) and for
reasonable and necessary litigation expense associated with such proceedings.
  (2)  If a petitioner or movant, who has been convicted of capital murder
and is under a sentence of death, files a petition for writ of habeas corpus
or a motion attacking sentence under K.S.A. 60-1507 and amendments thereto,
the district court shall make a determination

                                 March 26, 1997                             581

on the record whether the petitioner or movant is indigent. Upon a finding
that the petitioner or movant is indigent and accepts the offer of
representation or is unable competently to decide whether to accept or reject
the offer, the court shall appoint one or more counsel, in accordance with
subsection (d) (1), to represent the petitioner or movant. If the petitioner
or movant rejects the offer of representation, the court shall find on the
record, after a hearing if necessary, whether the petitioner or movant
rejected the offer of representation with the understanding of its legal
consequences. The court shall deny the appointment of counsel upon a finding
that the petitioner or movant is competent and not indigent.
  (3)  Counsel appointed to represent the petitioner or movant shall not have
represented the petitioner or movant at trial or on direct appeal therefrom
unless the petitioner or movant and counsel expressly request continued
representation.'';
  And by renumbering sections accordingly;
  Also on page 4, in line 5, by striking ``and'' and inserting a comma; also
in line 5, before ``are'' by inserting ``, 22-4505 and 22-4506 and K.S.A.
1996 Supp. 21-4705'';
  In the title, in line 10, before ``amending'' by inserting ``relating to
capital murder; assistance of counsel;''; in line 11, by striking ``and''
where it appears for the first time and inserting a comma; also in line 11,
after ``21-4633'' by inserting ``, 22-4505 and 22-4506 and K.S.A. 1996 Supp.
21-4705''; and the bill be passed as amended.
  The Committee on Judiciary recommends SB 264, as amended by
Senate Committee, be amended by substituting a new bill to be designated as
``HOUSE Substitute for SENATE BILL No. 264,'' as follows:
``HOUSE Substitute for SENATE BILL No. 264
By Committee on Judiciary
``AN ACT concerning crimes and punishments; defining and classifying the
crime of aggravated criminal threat.''; and the substitute bill be passed.
  (H. Sub. for SB 264 was thereupon introduced and read by title.)
  On motion of Rep. Jennison, the House recessed until 2:00 p.m.
Afternoon Session   The House met pursuant to recess with Speaker
Shallenburger in the chair.
  On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Lane in the chair.

COMMITTEE OF THE WHOLE

  On motion of Rep. Lane, Committee of the Whole report, as follows, was
adopted:
  Recommended that discussion resume on HB 2160 (see Committee of the
Whole, Morn ing Session).
  Also, roll call was demanded on motion of Rep. O'Connor to amend HB
2160 on page 58, in line 15, by subtracting $267,874 from the dollar
amount and by adjusting the dollar amount in line 15 accordingly;
  On roll call, the vote was: Yeas 19; Nays 99; Present but not voting 0;
Absent or not voting 7.
  Yeas: Ballou, Dahl, Faber, Farmer, Freeborn, Jennison, Kejr, Landwehr,
Mason, McCreary, Mollenkamp, Morrison, Neufeld, O'Connor, O'Neal, Palmer,
Shore, Toplikar, Weber.
  Nays: Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley,
Burroughs, Camp bell, Carmody, Compton, Correll, Cox, Crow, Dillon, Dreher,
Edmonds, Empson, Feuer born, Findley, Flaharty, Flora, Flower, Franklin,
Garner, Geringer, Gilbert, Gilmore, Glas scock, Grant, Gregory, Haley,
Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel,
Kuether, Lane, Larkin, Lloyd, J. Long, P. Long, Mays, McClure, McKechnie,
McKinney, Minor, Nichols, Osborne, Packer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer,
Schwartz, Shallenburger, Sharp, Show

582                           JOURNAL OF THE HOUSE

alter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner,
Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weiland, Wells,
Welshimer, Wempe, Wilk, Wilson.
  Present but not voting: None.
  Absent or not voting: Adkins, Dean, Hayzlett, Mayans, Myers, Powers,
Presta.
    The motion of Rep. O'Connor did not prevail.
  Also, on motion of Rep. Garner to amend HB 2160, the motion did not
prevail.
  Also, on motion of Rep. Spangler HB 2160 be amended on page 53, after
line 2, by inserting the following additional subsection:
  ``(i)  In addition to the other purposes for which expenditures may be made
by the department of commerce and housing from the moneys from the state
general fund and all special revenue funds for the fiscal year ending June
30, 1998, as authorized by this or other appropriation acts of 1997 regular
session of the legislature, expenditures may be made from such moneys for
fiscal year 1998 for establishing mechanisms which shall recoup moneys
expended for programs established pursuant to K.S.A. 74-5066, 74-5089,
74-50,105, 7450,131, 74-50,144, 74-50,151, 74-8106, 74-8107, 74-8108, 74-8109
and amendments thereto if such money is given to a firm in the form of
grants, loans or other means if such firm fails to abide by the terms and
conditions of the respective programs or if the firm leaves the state within
10 years of the firm accepting such money.'';
  Also, on motion of Rep. McKinney HB 2160 be amended on page 3,
following line 4, by inserting the following material to read as follows:
``Provided, That, notwithstanding the provisions of any other statute
to the contrary, no expenditures shall be made from the behavioral sciences
regulatory board fee fund for the fiscal year ending June 30, 1998, for any
operating expenditures or other expenses for any disciplinary action or other
disciplinary activity by the behavioral sciences regulatory board or by any
officer or employee of the behavioral sciences regulatory board against any
person, who is hereinafter referred to in this proviso as a state supervisor,
who is licensed by the behavioral sciences regulatory board as a licensed
social worker and who is or was employed by the department of social and
rehabilitation services in a position with supervisory re sponsibility over
another person who is licensed by the behavioral sciences regulatory board as
a licensed social worker, for any failure by such state supervisor to make
any report to the behavioral sciences regulatory board regarding the impaired
condition of such licensed social worker, who is or was employed by the
department of social and rehabilitation services in a position requiring the
employee to be a licensed social worker and who was dismissed, demoted or
suspended as a direct result of the impaired condition of such licensed
social worker in accordance with K.S.A. 75-2949 through 75-2949f, and
amendments thereto, under the Kansas civil service act while under the
supervisory responsibility of such state supervisor.'';
  Also on page 3, following line 5, by inserting the following material to
read as follows:
``Provided, That, notwithstanding the provisions of any other statute
to the contrary, no expenditures shall be made from the behavioral sciences
regulatory board fee fund for the fiscal year ending June 30, 1999, for any
operating expenditures or other expenses for any disciplinary action or other
disciplinary activity by the behavioral sciences regulatory board or by any
officer or employee of the behavioral sciences regulatory board against any
person, who is hereinafter referred to in this proviso as a state supervisor,
who is licensed by the behavioral sciences regulatory board as a licensed
social worker and who is or was employed by the department of social and
rehabilitation services in a position with supervisory re sponsibility over
another person who is licensed by the behavioral sciences regulatory board as
a licensed social worker, for any failure by such state supervisor to make
any report to the behavioral sciences regulatory board regarding the impaired
condition of such licensed social worker, who is or was employed by the
department of social and rehabilitation services in a position requiring the
employee to be a licensed social worker and who was dismissed, demoted or
suspended as a direct result of the impaired condition of such licensed
social worker in accordance with K.S.A. 75-2949 through 75-2949f, and
amendments thereto, under the Kansas civil service act while under the
supervisory responsibility of such state supervisor.'';
  Also, on further motion of Rep. McKinney to amend, the motion was
withdrawn. Also, on further motion of Rep. McKinney to amend HB 2160,
Rep. Helgerson requested the

                                 March 26, 1997                             583

question be divided. The question was divided. Part A of the motion did not
prevail. Also, Part B of the motion did not prevail.
  Also, on motion of Rep. Alldritt to amend HB 2160, the motion did not
prevail. Also, on motion of Rep. O'Neal to amend, the motion did not prevail.
Also, on motion of Rep. Sloan to amend, the motion did not prevail. Also, on
further motion of Rep. Sloan to amend, the motion did not prevail. Also, on
motion of Rep. McClure to amend, the motion did not prevail.
  Also, on motion of Rep. Lloyd HB 2160 be amended on page 134,
following line 40, by inserting the following material to read as follows:
  ``(g)  In addition to the other purposes for which expenditures may be made
by the department of wildlife and parks from the moneys appropriated in the
parks fee fund for the fiscal year ending June 30, 1998, as authorized by
this or other appropriation act of the 1997 regular session of the
legislature, expenditures may be made from parks fee fund for fiscal year
1998 for operating expenditures and capital improvement projects for the pur
poses of maintaining and repairing the Prairie Spirit rail trail in Allen,
Anderson and Franklin counties, including but not limited to the expenses of
operating of park equipment by em ployees of the department of wildlife and
parks that are assigned to the state park system.'';
  Also, on motion of Rep. Carmody HB 2160 be amended on page 39,
preceding line 29, by adding:
"Provided, That  (a) The secretary of administration is authorized to  
provide the following from the closure term life insurance fund: 
 (1)  The death benefits authorized by K.S.A. 1996 Supp. 75-4373, and 
amendments  thereto, on a self-insured basis; and 
 (2)  the costs of self-administering such benefits or of contracting with a 
third party for administration of the benefits.  
 (b)  Upon request of the secretary of administration, the director of accounts
and reports shall make periodic transfers during fiscal year 1997 and fiscal  
year 1998 in amounts specified by the secretary of administration from the 
state  hospital closure account of the state general fund at the department of 
social  and rehabilitation services to the closure term life insurance fund of 
the  department of administration.  
 (c)  Upon certification by the secretary of administration to the director of 
accounts and reports that the unencumbered balance in the closure term life  
insurance fund is insufficient to pay an amount for which the fund is liable 
and  that there are insufficient funds in the state hospital closure account 
to  transfer pursuant to subsection (b), the director of accounts and reports 
shall  transfer an amount equal to the insufficiency from the state general 
fund to the  closure term life insurance fund.
 (d)  If the death benefits authorized by K.S.A. 1996 Supp. 75-4373, and  
amendments thereto, are provided on a self-insured basis pursuant to 
subsection  (a), the net amount of the death benefit shall be equal to 150% 
of the annual  rate of compensation of the covered state officer or employee, 
as of the date  the covered state officer or employee is laid off.";
  Also, on motion of Rep. Klein to amend HB 2160, the motion did not
prevail. Also, on motion of Rep. Powers to amend, Rep. Helgerson requested
the question be divided. The amendment was withdrawn.
  Also, on further motion of Rep. Powers to amend HB 2160, the motion
did not prevail.
  Also, roll call was demanded on motion of Rep. McKechnie and HB 2160
be amended on page 79, following line 2, by inserting the following to read
as follows:
``Technology equipment at community colleges and Washburn
    university .................................................... $1,000,000
Provided, That the department of education is hereby authorized to make
expenditures from the technology equipment at community colleges account for
grants to community colleges and Washburn university pursuant to grant
applications for the purchase of tech nology equipment, in accordance with
guidelines established by the state board of educa tion.'';
  On roll call, the vote was: Yeas 86; Nays 36; Present but not voting 0;
Absent or not voting 3.
  Yeas: Alldritt, Allen, Ballard, Ballou, Beggs, Boston, Bradley, Burroughs,
Campbell, Compton, Correll, Crow, Dahl, Dillon, Dreher, Edmonds, Empson,
Faber, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner,
Gilbert, Gilmore, Grant, Haley, Hay zlett, Henderson, Henry, Holmes, Horst,
Howell, Huff, Humerickhouse, Hutchins, John ston, Kirk, Klein, Krehbiel,
Kuether, Larkin, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Nichols, O'Neal, Os borne, Packer,
Palmer, Pauls, E. Peterson, Phelps, Powers, Presta, Reardon, Reinhardt, Ruff,
Samuelson, Sawyer, Schwartz, Sharp, Showalter, Spangler, Stone, Storm,
Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Wells,
Welshimer, Wempe.
  Nays: Adkins, Aurand, Benlon, Carmody, Cox, Farmer, Franklin, Geringer,
Gregory, Helgerson, Jennison, Johnson, Kejr, Phil Kline, Phill Kline,
Landwehr, Lane, Lloyd, Mayans, Myers, Neufeld, O'Connor, J. Peterson,
Pottorff, Powell, Ray, Shallenburger, Shore, Shriver, Shultz, Sloan,
Toplikar, Vining, Wagle, Weber, Wilson.
  Present but not voting: None.
  Absent or not voting: Dean, Glasscock, Wilk.

584                           JOURNAL OF THE HOUSE

  The motion of Rep. McKechnie prevailed and HB 2160 be passed as
amended.
  Committee report to HB 2166 be adopted; also, roll call was demanded
on motion of Rep. Nichols to amend on page 26, following line 27, by
inserting the following new section to read as follows:
  ``Sec. 27.  No expenditures shall be made of any moneys appropriated from
the state general fund or any special revenue fund by this act for any state
agency named in this act unless 1997 House Bill No. 2447, or a substantially
similar bill, which has provisions which require the payment of prevailing
wages for capital improvement projects for state agencies, which are
determined in accordance with wage areas, job classifications and wage rates
determined under the federal Davis-Bacon act which would apply to federally
funded pro jects at the locations of the capital improvement projects of
state agencies, is enacted during the 1997 regular session of the legislature
and will be in effect on or before January 1, 1998.'';
  And by renumbering sections accordingly;
  On roll call, the vote was: Yeas 58; Nays 64; Present but not voting 0;
Absent or not voting 3.
  Yeas: Alldritt, Ballard, Ballou, Bradley, Burroughs, Correll, Cox, Crow,
Dillon, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner,
Gilbert, Grant, Haley, Helgerson, Hen derson, Henry, Horst, Howell, Hutchins,
Johnston, Kirk, Klein, Kuether, J. Long, Mays, McClure, McKechnie, McKinney,
Nichols, Packer, Palmer, Pauls, E. Peterson, Phelps, Powers, Reardon, Ruff,
Sawyer, Shallenburger, Sharp, Showalter, Shriver, Spangler, Storm, Swenson,
Thimesch, Toelkes, Tomlinson, Vickrey, Weiland, Wells, Welshimer.
  Nays: Adkins, Allen, Aurand, Beggs, Benlon, Boston, Campbell, Carmody,
Compton, Dahl, Dreher, Edmonds, Empson, Faber, Farmer, Freeborn, Geringer,
Gilmore, Glasscock, Gregory, Hayzlett, Holmes, Huff, Humerickhouse, Jennison,
Johnson, Kejr, Phil Kline, Phill Kline, Landwehr, Lane, Lloyd, P. Long,
Mason, Mayans, McCreary, Minor, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, O'Neal, Osborne, J. Peterson, Pottorff, Powell, Presta, Ray,
Reinhardt, Samuelson, Schwartz, Shore, Shultz, Sloan, Stone, Tanner,
Toplikar, Vining, Wagle, Weber, Wempe, Wilk, Wilson.
  Present but not voting: None.
  Absent or not voting: Dean, Krehbiel, Larkin.
  The motion of Rep. Nichols did not prevail.
  Also, on motion of Rep. Shore to amend HB 2166, the motion did not
prevail.
  Also, on motion of Rep. Spangler HB 2166 be amended on page 5,
following line 8, by inserting the following material to read as follows:
``Restore murals--House Chamber ceiling ................... $385,000'';
  Also, on motion of Rep. Shore to amend HB 2166, the motion did not
prevail and the bill be passed as amended.

REPORTS OF STANDING COMMITTEES

  The Committee on Appropriations recommends SB 43 be amended on
page 1, follow ing line 29, by inserting new material as follows:
  ``Sec. 3.
STATE FAIR BOARD
  (a)  There is appropriated for the above agency from the following special
revenue fund or funds all moneys now or hereafter lawfully credited to and
available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
EDIF -- encampment renovation fund ............................. $95,000
  (b)  On the effective date of this act, the director of accounts and
reports shall transfer $95,000 from the Kansas economic development endowment
account of the state economic development initiatives fund of the department
of commerce and housing to the EDIF-encampment renovation fund of the Kansas
state fair.

                                 March 26, 1997                             585

  Sec. 4.
ATTORNEY GENERAL
  (a)  There is appropriated for the above agency from the state general fund
the following:
Additional operating expenditures for investigation and litigation regard~ing
     interstate water rights..     $598,402
  Sec. 5.  Appeals to exceed limitations. Upon written application to
the governor and approval of the state finance council, expenditures from
special revenue funds may exceed the amounts specified in this act.'';
  And by renumbering sections accordingly;
  On page 1, in the title, in line 10, preceding the semicolon, by inserting
``, state fair board and attorney general''; and the bill be passed as
amended.
  The Committee on Insurance recommends SB 12 be passed.
  The Committee on Taxation recommends SB 7, as amended by Senate
Committee of the Whole, on page 1, by striking all in lines 24 through 43;
  By striking all on pages 2 through 31;
  On page 32, after line 14, by inserting a new section to read as follows:
  ``Section 1.  K.S.A. 1996 Supp. 79-5036 is hereby amended to read as
follows: 79-5036.   (a) The governing body of any city may elect, in the
manner prescribed by and subject to the limitations of section 5 of article
12 of the Kansas Constitution, to exempt such city from the provisions of
K.S.A. 79-5021 to 79-5033, inclusive, or to modify the provisions thereof.
  (b)  The governing body of any county may elect, in the manner prescribed
by and subject to the limitations of K.S.A. 19-101b, and amendments thereto,
to exempt such county from the provisions of K.S.A. 79-5021 to 79-5033,
inclusive, or to modify the provisions thereof.
  (c)  The governing body of any other taxing subdivision subject to the
provisions of K.S.A. 79-5021 to 79-5033, inclusive, may elect, in the manner
prescribed by and subject to the limitations of K.S.A. 19-101b, and
amendments thereto, insofar as such section may be made applicable, to exempt
such subdivision from the provisions of K.S.A. 79-5021 to 79-5033, inclusive,
or to modify the provisions thereof.
  (d)  Whenever a charter ordinance or resolution is submitted for
approval to the qualified electiors pursuant to the provisions of subsection
(a), (b) or (c), there shall be printed on the ballot following the
proposition a brief nontechnical statement expressing the intent or pur pose
of the proposition and the effect of a vote for and a vote against the
proposition.'';
  Also, on page 32, in line 17, by striking ``2001'' and inserting ``1998'';
in line 18, by striking all after ``55.''; by striking all in lines 19
through 24; in line 25, by striking ``308 and''; also in line 25, by striking
``79-1946, 79-1947b, 79-5028,'' and inserting ``79-5036 and''; also, in line
25, by striking ``and 80-''; in line 26, by striking ``1503'';
  By renumbering existing sections accordingly;
  In the title, in line 11, by striking all after ``amending''; by striking
all in lines 12 through 17; in line 18, by striking ``79-1946, 79-5028,'' and
inserting ``79-5036 and''; also, in line 18, by striking ``and 80-1503''; in
line 19, by striking all after ``sections''; by striking all in line 20; in
line 21, by striking all before the period and the bill be passed as amended.
  The Committee on Taxation recommends SB 41, as amended by
Senate Committee of the Whole, on page 1, by striking all in lines 14 through
43;
  On page 2, by striking all in lines 1 through 7 and inserting the
following:
  ``Section 1.  For taxable years 1997 and 1998, the following described
property, to the extent herein specified, shall be and is hereby exempt from
the property tax levied pursuant to the provisions of K.S.A. 1996 Supp.
72-6431, and amendments thereto: Property used for residential purposes to
the extent of $20,000 of its appraised valuation.
  Sec. 2.  Section 11 of 1997 House Bill No. 2031 is hereby repealed.
  Sec. 3.  This act shall take effect and be in force from and after its
publication in the Kansas register.'';
  In the title, in line 10, by striking all after ``ACT''; by striking all in
line 11 and inserting ``relating to property taxation; exempting residential
property from certain school levies; repealing section 11 of 1997 House Bill
No. 2031.''; and the bill be passed as amended.

586                           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 bill was introduced and read by title:
  HB 2571, An act concerning prisons; relating to county prisons;
repealing K.S.A. 1996 Supp. 75-52,133, by the Select Committee on Corrections
and Juvenile Justice.

MESSAGE FROM THE SENATE

  Announcing passage of HB 2203, 2123, 2279, 2288, 2308, 2484.
  Announcing passage of HB 2093, as amended; HB 2170, as amended;
HB 2200, as amended; HB 2381, as amended.
  Announcing adoption of HCR 5015.
  The Senate concurs in House amendments to SB 10.
  The Senate concurs in House amendments to SB 60.
  The Senate concurs in House amendments to SB 110.
  The Senate concurs in House amendments to SB 133.
  The Senate concurs in House amendments to SB 205.
  The Senate nonconcurs in House amendments to SB 32, requests a
conference and has appointed Senators Steffes, Praeger and Feleciano as
conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 32.
  Speaker Shallenburger thereupon appointed Reps. Cox, Humerickhouse and
Correll as conferees on the part of the House.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, pursuant to House Rule 2306, SB 323 was
withdrawn from the calendar and referred to Committee on Tourism.

REPORT ON ENGROSSED BILLS

  HB 2155, 2272, 2297 reported correctly engrossed March 26, 1997.
  HB 2070, 2094, 2245 reported correctly re-engrossed March 26, 1997.

REPORT ON ENROLLED BILLS

  HB 2031, 2108 reported correctly enrolled, properly signed and
presented to the gov ernor on March 26, 1997.
  On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Thursday,
March 27, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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