J o u r n a l o f t h e H o u s e FIFTY-FIFTH DAY -------- HALL OF THE HOUSE OF REPRESENTATIVES TOPEKA, KAN., Tuesday, April 1, 1997, 9:00 a.m. The House met pursuant to adjournment with Speaker Shallenburger in the chair. The roll was called with 124 members present. Rep. Dean was excused on verified illness. Prayer by guest chaplain, the Rev. Joe Thomas, pastor, Church of Christ, Sedan, and guest of Rep. P. Long: Hear my cry, O God; attend to my prayer. Because Your loving kindness is better than life, my lips shall praise You. Thus I will bless You while I live; I will lift up my hands in Your name. My soul shall be satisfied as with honey in the cone, and my mouth shall praise You with joyful lips. When I remember You on my pillow, I will meditate on Your power, Your glory, Your grace and Your love in the night watches. Because You are my ever-present help, in the shadow of Your wings I will rejoice. My soul clings to You; Your powerful right hand upholds me.* From this governing hall in Kansas to the end of the earth I cry, Father, for every government and every ruler to seek your face in everything they do, and may the bounty of your hand be opened to each one. Father, I humbly pray your blessings fall upon this living body of Kansas representatives today and always. I pray that each gets the desires of their heart. I further pray for your protection, your grace, your peace and for your love on these, and the whole spectrum of human life from the zygote to the grave. Beyond the grave I plead for each to receive the golden crown of eternal life. Holy Father, thy will be done on earth as it is in heaven. For Yours is the kingdom and the power and the glory forever. In the name of Jesus Christ, I pray, Amen. *Scripture: (NKJV) Thomas Nelson Publishers--Nashville INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: HB 2572, An act abolishing the Kansas sentencing commission; amending K.S.A. 214605, 21-4703, 21-4721, 21-4724, 21-4727, 22-4701, as amended by section 27 of chapter 229 of the 1996 Session Laws of Kansas, and 46-1210, K.S.A. 1995 Supp. 74-9501, as amended by section 127 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 21-4619, 21-4714, 22-3426, 22-3426a and 22-3439 and repealing the existing sections; also repealing K.S.A. 21-4725, 74-9102,74-9103, 74-9104 and 74-9105 and K.S.A. 1996 Supp. 21-4619b, 74-9101 and 74-9106, by Committee on Appropriations. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolutions were referred to committees as indicated: Federal and State Affairs: SCR 1612. MESSAGE FROM THE SENATE Announcing passage of HB 2159, as amended. 622 JOURNAL OF THE HOUSE FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2213, An act relating to Kansas State University; concerning elimination of Kansas State University--Salina, college of technology's separate agency status for budget purposes; amending K.S.A. 1996 Supp. 76-205 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 111; Nays 13; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Findley, Flaharty, Flora, Flower, Franklin, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Alldritt, Edmonds, Feuerborn, Freeborn, Howell, Kejr, Lloyd, McKinney, Neufeld, Shore, Swenson, Tomlinson, Vickrey. Present but not voting: None. Absent or not voting: Dean. The bill passed. HB 2330, An act concerning the individual development account act; prescribing guidelines and limitations; exempting certain earnings from Kansas income tax; amending K.S.A. 1996 Supp. 79-32,117h and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 122; Nays 2; Present but not voting 0; Absent or not voting 1. 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, Wilk, Wilson. Nays: Gregory, Wempe. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. Sub. HB 2501, An act relating to qualifications for appointment as a county or district appraiser; amending K.S.A. 19-430 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 65; Nays 59; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Allen, Aurand, Beggs, Benlon, Boston, Carmody, Compton, Cox, Dahl, Dreher, Edmonds, Faber, Farmer, Feuerborn, Findley, Flower, Freeborn, Geringer, Gilmore, Gregory, Hayzlett, Henderson, Henry, Holmes, Huff, Humerickhouse, Jennison, Johnson, Kejr, Phil Kline, Lane, Larkin, Lloyd, P. Long, Mason, Mays, McClure, McCreary, April 1, 1997 623 McKinney, Minor, Mollenkamp, Morrison, Neufeld, O'Connor, O'Neal, Osborne, Pauls, J. Peterson, Pottorff, Presta, Ray, Schwartz, Shore, Sloan, Storm, Swenson, Thimesch, Tomlinson, Vickrey, Vining, Weber, Weiland, Wempe, Wilson. Nays: Alldritt, Ballard, Ballou, Bradley, Burroughs, Campbell, Correll, Crow, Dillon, Empson, Flaharty, Flora, Franklin, Garner, Gilbert, Glasscock, Grant, Haley, Helgerson, Horst, Howell, Hutchins, Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr, J. Long, Mayans, McKechnie, Myers, Nichols, Packer, Palmer, E. Peterson, Phelps, Powell, Powers, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Showalter, Shriver, Shultz, Spangler, Stone, Tanner, Toelkes, Toplikar, Wagle, Wells, Welshimer, Wilk. Present but not voting: None. Absent or not voting: Dean. The substitute bill passed. EXPLANATIONS OF VOTE Mr. Speaker: I don't believe that lowering of the requirements for appraisers is in the best interest of our appraisal problem in the state, so I vote no on Sub. HB 2501.--Vernon Correll Mr. Speaker: I vote no on Sub. HB 2501. This bill reduces the qualifications of county appraisers to an impossible level. Only the Minimum residential training will be met, no experience will be required, and the county appraisers who have proven their competency to appraise commercial, industrial and agricultural properties will drop their certification or be forced out politically for their knowledgeable efforts to correct the process. This is a giant step backwards into more trouble for the state. If this bill dies, PVD and KREAB will be forced to work things out and correct our appraisal problems. Most county appraisers are grandfathered into their current positions.-Gwen Welshimer Mr. Speaker: I vote ``NO'' on Sub. HB 2501. Correct property appraisals are probably the most important piece of the Property Tax Puzzle. The taxpayers depend on us to oversee the system and make sure they pay Property Taxes on the Fair Market Value of their property. County Appraisers must determine the true and correct value of the Homes, Commercial Buildings and Farms in our Districts. This Legislation lowers the standards and requirements for County Appraisers at a time when accurate appraisals are needed. If we lower the requirements and standards for County Appraisers, are we not lowering the correctness of their product and the accuracy of their appraisals. I think so! I vote NO on Sub. HB 2501.--Kenny A. Wilk, L. Candy Ruff, Marti Crow HB 2509, An act concerning the state board of technical professions; changing the name of the board to the state board of professional engineers, architects, land surveyors and landscape architects; relating to certain fees; licenses by reciprocity; application to certain practices and persons; amending K.S.A. 12-1511, 12-1528, 12-1544, 31-150, 58-1314, 747008, 74-7009, 74-7024, 74-7035, 74-7036, 74-7037 and 74-7039 and K.S.A. 1996 Supp. 44508, 74-7003, 74-7004, 75-1251 and 75-3717 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 97; Nays 27; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Holmes, Huff, Humerickhouse, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, Mason, Mayans, McClure, McCreary, McKechnie, McKinney, Mollenkamp, Morrison, Myers, O'Neal, Osborne, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shultz, Sloan, Stone, Storm, Tanner, Thimesch, 624 JOURNAL OF THE HOUSE Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Ballou, Dreher, Edmonds, Freeborn, Garner, Henry, Horst, Howell, Hutchins, Jennison, Phill Kline, Lloyd, P. Long, Mays, Minor, Neufeld, Nichols, O'Connor, Packer, Palmer, Powell, Shallenburger, Shriver, Spangler, Swenson, Vickrey, Wempe. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. HB 2516, An act concerning state agencies; relating to the administration, structure and personnel thereof; review of activities, projects and budget estimates; powers, duties and functions; amending K.S.A. 46-1701, 46-2101 and 46-2102 and K.S.A. 1996 Supp. 75-4706, 75-4707, 75-4740, 75-4742, 75-4743 and 75-4744 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, 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. The bill passed, as amended. SB 43, An act making and concerning appropriations for the fiscal year ending June 30, 1997, for the department of wildlife and parks, state fair board and attorney general; authorizing certain transfers, imposing certain restrictions and limitations, and directing or authorizing certain receipts and disbursements and acts incidental to the foregoing, was considered on final action. On roll call, the vote was: Yeas 105; Nays 19; Present but not voting 0; Absent or not voting 1. Yeas: Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Boston, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Krehbiel, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, McClure, McCreary, McKinney, Minor, 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, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Toplikar, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilson. Nays: Adkins, Benlon, Bradley, Burroughs, Campbell, Garner, Glasscock, Grant, Howell, Phill Kline, Kuether, Mays, McKechnie, Nichols, Shallenburger, Spangler, Tomlinson, Vickrey, Wilk. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. April 1, 1997 625 Sub. SCR 1601, A concurrent resolution establishing a task force to study the insurance industry in Kansas in order to identify programs and actions that can be undertaken to promote the growth of the existing industry, enhance its financial viability and attract outof-state insurance companies to Kansas, was considered on final action. On roll call, the vote was: Yeas 113; Nays 11; Present but not voting 0; Absent or not voting 1. Yeas: Allen, Ballard, Ballou, Beggs, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Adkins, Alldritt, Aurand, Benlon, Garner, Johnston, Larkin, O'Connor, Shore, Spangler, Wempe. Present but not voting: None. Absent or not voting: Dean. The substitute resolution was adopted, as amended. SCR 1608, A concurrent resolution urging the United States Environmental Protection Agency to maintain current air quality standards unless benefit and economic impact demonstrated, was considered on final action. On roll call, the vote was: Yeas 123; Nays 1; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Spangler. Present but not voting: None. Absent or not voting: Dean. The resolution was adopted, as amended. SCR 1609, A concurrent resolution concerning the Ozone Transport Assessment Group (OTAG), was considered on final action. On roll call, the vote was: Yeas 123; Nays 1; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, 626 JOURNAL OF THE HOUSE Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Spangler. Present but not voting: None. Absent or not voting: Dean. The resolution was adopted, as amended. MOTIONS TO CONCUR AND NONCONCUR On motion of Rep. Lane, the House nonconcurred in Senate amendments to HB 2011 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Lane, Geringer and Pauls as conferees on the part of the House. On motion of Rep. Mayans, the House nonconcurred in Senate amendments to HB 2129 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry as conferees on the part of the House. On motion of Rep. Mayans, the House nonconcurred in Senate amendments to HB 2185 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry as conferees on the part of the House. On motion of Rep. Glasscock, the House nonconcurred in Senate amendments to HB 2218 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. Hayzlett, the House nonconcurred in Senate amendments to HB 2223 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Hayzlett, Howell and McKinney as conferees on the part of the House. On motion of Rep. Lloyd, the House nonconcurred in Senate amendments to HB 2361 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Lloyd, Freeborn and McClure as conferees on the part of the House. On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB 2007 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as conferees on the part of the House. On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB 2010 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Hayzlett, Howell and McKinney as conferees on the part of the House. On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2025 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Boston, Tanner and Gilbert as conferees on the part of the House. On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB 2055 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as conferees on the part of the House. On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB 2056 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as conferees on the part of the House. On motion of Rep. Glasscock, the House nonconcurred in Senate amendments to HB 2064 and asked for a conference. April 1, 1997 627 Speaker Shallenburger thereupon appointed Reps. Tomlinson, Powers and Welshimer as conferees on the part of the House. On motion of Rep. Bradley, the House nonconcurred in Senate amendments to S. Sub. for HB 2082 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Bradley, Wilson and Kirk as conferees on the part of the House. On motion of Rep. Carmody, the House nonconcurred in Senate amendments to HB 2143 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Carmody, Swenson and Garner as conferees on the part of the House. On motion of Rep. Lloyd, the House nonconcurred in Senate amendments to HB 2226 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Lloyd, Freeborn and McClure as conferees on the part of the House. On motion of Rep. Mayans, the House nonconcurred in Senate amendments to HB 2255 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry as conferees on the part of the House. On motion of Rep. Glasscock, the House nonconcurred in Senate amendments to HB 2315 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Benlon, Tomlinson and Welshimer as conferees on the part of the House. On motion of Rep. Lloyd, the House nonconcurred in Senate amendments to Sub. HB 2368 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Lloyd, Sloan and McClure as conferees on the part of the House. On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep. Empson in the chair. COMMITTEE OF THE WHOLE On motion of Rep. Empson, Committee of the Whole report, as follows, was adopted: Recommended that SB 27, 61, 123, 66 be passed. Committee report to SB 7 be adopted; also, on motion of Rep. Shultz be amended on page 32, by striking all in lines 3 through 16; Also, on motion of Rep. Edmonds to amend SB 7, the motion did not prevail and the bill be passed as amended. Committee report to SB 146 be adopted; also, on motion of Rep. Ruff be amended on page 2, in line 18, before ``K.S.A.'' by inserting ``K.S.A. 13-2903 and''; In the title, in line 12, by striking all after the semicolon; by striking all in line 13 and inserting ``relating to officers and employees; relating to the qualifications and powers and duties thereof;''; in line 15, before the period, by inserting ``; also repealing K.S.A. 13-2903''; Also, on motion of Rep. Garner to amend SB 146, Rep. Ballou requested a ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment germane. The question then reverted back to the motion of Rep. Garner which did not prevail and the bill be passed as amended. Committee report to SB 214 be adopted; also, on motion of Rep. Powell be amended on page 7, by striking all in lines 13 through 43; By striking all of pages 8 through 12; On page 13, by striking all in lines 1 through 15; And by renumbering sections accordingly; On page 1, in the title, in line 11, by striking ``creating the law en-''; in line 12, by striking all before ``amending''; and SB 214 be passed as amended. Committee report to SB 207 be adopted; also, on motion of Rep. Sloan be amended on page 10, in line 36, by striking ``The'' and inserting ``Except as provided by subsection (c), the''; On page 11, after line 31, by inserting: 628 JOURNAL OF THE HOUSE ``(c) If a structure is subject to both the national manufactured housing construction and safety standards act (42 U.S.C. 5403) and the federal trade commission regulation on labeling and advertising of home insulation, 16 CFR section 460.16, both as in effect on the effective date of this act, the builder or seller may disclose, instead of the information required by subsection (a), the information regarding such structure that is required to be disclosed pursuant to such federal act and regulation.''; In the title, in line 13, after the second semicolon, by inserting ``granting of exemptions from certain filing requirements; issuance of certain certificates; duties and authority relating to energy efficiency standards for buildings;''; Also, on further motion of Rep. Sloan SB 207 be amended on page 11, before line 32, by inserting: ``Sec. 15. K.S.A. 1996 Supp. 66-117 is hereby amended to read as follows: 66-117. (a) Unless the state corporation commission otherwise orders, no common carrier or public utility over which the commission has control shall make effective any changed rate, joint rate, toll, charge or classification or schedule of charges, or any rule or regulation or practice pertaining to the service or rates of such public utility or common carrier except by filing the same with the commission at least 30 days prior to the proposed effective date. The commission, for good cause, may allow such changed rate, joint rate, toll, charge or classification or schedule of charges, or rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier to become effective on less than 30 days' notice. If the commission allows a change to become effective on less than 30 days' notice, the effective date of the allowed change shall be the date established in the commission order approving such change, or the date of the order if no effective date is otherwise established. Any such proposed change shall be shown by filing with the state corporation commission a schedule showing the changes, and such changes shall be plainly indicated by proper reference marks in amendments or supplements to existing tariffs, schedules or classifications, or in new issues thereof. (b) Whenever any common carrier or public utility governed by the provisions of this act files with the state corporation commission a schedule showing the changes desired to be made and put in force by such public utility or common carrier, the commission either upon complaint or upon its own motion, may give notice and hold a hearing upon such proposed changes. Pending such hearing, the commission may suspend the operation of such schedule and defer the effective date of such change in rate, joint rate, toll, charge or classification or schedule of charges, or any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier by delivering to such public utility or common carrier a statement in writing of its reasons for such suspension. (c) The commission shall not delay the effective date of the proposed change in rate, joint rate, toll, charge or classification or schedule of charges, or in any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier, more than 240 days beyond the date the public utility or common carrier filed its application requesting the proposed change. If the commission does not suspend the proposed schedule within 30 days of the date the same is filed by the public utility or common carrier, such proposed schedule shall be deemed approved by the commission and shall take effect on the proposed effective date. If the commission has not issued a final order on the proposed change in any rate, joint rate, toll, charge or classification or schedule of charges, or any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier, within 240 days after the carrier or utility files its application requesting the proposed change, then the schedule shall be deemed approved by the commission and the proposed change shall be effective immediately, except that (1) for purposes of the foregoing provisions regarding the period of time within which the commission shall act on an application, any amendment to an application for a proposed change in any rate, which increases the amount sought by the public utility or common carrier or substantially alters the facts used as a basis for such requested change of rate, shall, at the option of the commission, be deemed a new application and the 240-day period shall begin again from the date of the filing of the amendment,
and(2) if hearings are in process before the commission on a proposed change requested by the public utility or common carrier on the last day of such 240-day period, such period shall be extended to the end of such hearings April 1, 1997 629 plus 20 days to allow the commission to prepare and issue its final order, and, (3) nothing in this subsection shall preclude the public utility or common carrier and the commission from agreeing to a waiver or an extension of the 240-day period.(c)(d) Except as provided in subsection(b)(c), no change shall be made in any rate, toll, charge, classification or schedule of charges or joint rates, or in any rule or regulation or practice pertaining to the service or rates of any such public utility or common carrier, without the consent of the commission. Within 30 days after such changes have been authorized by the state corporation commission or become effective as provided in subsection(b)(c), copies of all tariffs, schedules and classifications, and all rules and regulations, except those determined to be confidential under rules and regulations adopted by the commission, shall be filed in every station, office or depot of every such public utility and every common carrier in this state, for public inspection.(d)(e) Upon a showing by a public utility before the state corporation commission at a public hearing and a finding by the commission that such utility has invested in projects or systems that can be reasonably expected (1) to produce energy from a renewable resource other than nuclear for the use of its customers, (2) to cause the conservation of energy used by its customers, or (3) to bring about the more efficient use of energy by its customers, the commission may allow a return on such investment equal to an increment of from 1/2% to 2% plus an amount equal to the rate of return fixed for the utility's other investment in property found by the commission to be used or required to be used in its services to the public. The commission may also allow such higher rate of return on investments by a public utility in experimental projects, such as load management devices, which it determines after public hearing to be reasonably designed to cause more efficient utilization of energy and in energy conservation programs or measures which it determines after public hearing provides a reduction in energy usage by its customers in a cost-effective manner. (f) Nothing shall preclude the commission from approving, proposing or endorsing, as part of the commission's rate-making process, an incentive rate mechanism for setting rates of a utility industry by means other than a cost of service analysis if the commission determines that competition effectively exists in the industry's service and prices or if the commission determines that the ratepayers will derive significant benefits.(e)(g) Whenever, after the effective date of this act, an electric public utility, a natural gas public utility or a combination thereof, files tariffs reflecting a surcharge on the utility's bills for utility service designed to collect the annual increase in expense charged on its books and records for ad valorem taxes, such utility shall report annually to the state corporation commission the changes in expense charged for ad valorem taxes. For purposes of this section, such amounts charged to expense on the books and records of the utility may be estimated once the total property tax payment is known. If found necessary by the commission or the utility, the utility shall file tariffs which reflect the change as a revision to the surcharge. Upon a showing that the surcharge is applied to bills in a reasonable manner and is calculated to substantially collect the increase in ad valorem tax expense charged on the books and records of the utility, or reduce any existing surcharge based upon a decrease in ad valorem tax expense incurred on the books and records of the utility, the commission shall approve such tariffs within 30 days of the filing. Any over or under collection of the actual ad valorem tax increase charged to expense on the books of the utility shall be either credited or collected through the surcharge in subsequent periods. The establishment of a surcharge under this section shall not be deemed to be a rate increase for purposes of this act. The net effect of any surcharges established under this section shall be included by the commission in the establishment of base rates in any subsequent rate case filed by the utility.(f)(h) Except as to the time limits prescribed in subsection(b)(c), proceedings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.''; Also on page 11, by renumbering the remaining sections accordingly; in line 33, before ``66-125'' by inserting ``66-117,''; In the title, in line 13, before ``amending'' by inserting ``changes in rates and schedules of public utilities and common carriers;''; in line 14, before ``66-125'' by inserting ``66-117,''; 630 JOURNAL OF THE HOUSE Also, on further motion of Rep. Sloan SB 207 be amended on page 11, after line 31, by inserting: ``Sec. 15. K.S.A. 1996 Supp. 55-150 is hereby amended to read as follows: 55-150. As used in this act unless the context requires a different meaning: (a) ``Commission'' means the state corporation commission. (b) ``Contractor'' means any person who acts as agent for an operator as a drilling, plugging, service rig or seismograph contractor in such operator's oil and gas, cathodic protection, gas gathering or underground natural gas storage operations. (c) ``Fresh water'' means water containing not more than 1,000 milligrams per liter, total dissolved solids. (d) ``Gas gathering system'' means a natural gas pipeline system used primarily for transporting natural gas from a wellhead, or a metering point for natural gas produced by one or more wells, to a point of entry into a main transmission line, but shall not mean or include: (1)the gathering of natural gas produced from wells owned and operated by the gatherer and where the gathering system is used exclusively for its own private purposes; (2)Lead lines from the wellhead to the connection with the gathering system which are owned by the producingentityperson; and(3)(2) gathering systemsused exclusively for injection and withdrawal from natural gas storage fieldsunder the jurisdiction of the federal energy regulatory commission. (e) ``Operator'' means a person who is responsible for the physical operation and control of a well, gas gathering system or underground natural gas storage facility. (f) ``Person'' means any natural person, partnership, governmental or political subdivision, firm, association, corporation or other legal entity. (g) ``Rig'' means any crane machine used for drilling or plugging wells. (h) ``Usable water'' means water containing not more than 10,000 milligrams per liter, total dissolved solids. (i) ``Well'' means a hole drilled or recompleted for the purpose of: (1) Producing oil or gas; (2) injecting fluid, air or gas in the ground in connection with the exploration for or production of oil or gas; (3) obtaining geological information in connection with the exploration for or production of oil or gas by taking cores or through seismic operations; (4) disposing of fluids produced in connection with the exploration for or production of oil or gas; (5) providing cathodic protection to prevent corrosion to lines; or (6) injecting or withdrawing natural gas. New Sec. 16. The term ``public utility'' as used in K.S.A. 66-104, and amendments thereto, and the term ``common carriers'' as used in K.S.A. 66-105, and amendments thereto, shall not include any gas gathering system, as defined in K.S.A. 55-150, and amendments thereto. New Sec. 17. (a) As used in sections 17 through 23: (1) ``Gas gathering services'' means the gathering or preparation of natural gas for transportation, whether such services are performed for hire or in connection with the purchase of natural gas by the gatherer or a marketer affiliated with the gatherer. ``Gas gathering services'' does not include the gathering of natural gas by an owner or operator of a well or wells connected to the owner's or operator's own gathering facilities, if the owner or operator does not hold such facilities out for hire on or after the effective date of this act. (2) Other terms have the meanings provided by K.S.A. 55-150, and amendments thereto. (b) The provisions of sections 17 through 23 shall be part of and supplemental to chapter 55 of the Kansas Statutes Annotated. New Sec. 18. (a) Each person offering gas gathering services in this state shall file with the commission copies of: (1) Rates paid for natural gas purchased by the person at the wellhead, if the person purchases natural gas at the wellhead; (2) all rates charged for transportation, processing necessary for transportation and sale of natural gas, manufacturing or other services offered by the person; and (3) such data related to the April 1, 1997 631 characteristics of the gas purchased or handled by the person and such information regarding the terms and duration of the contract as the commission determines necessary. The commission shall adopt rules and regulations prescribing the form and times of filing of such rates, schedules and data. The commission shall not be required to analyze, publish or disseminate such rates, schedules and data except to the extent otherwise required by law. (b) Upon notice and an opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act, the commission may impose an administrative fine on any person for failure to file any rate, schedule or data as required by this section and rules and regulations of the commission. Such fine shall not exceed $10,000 for each day the rate, schedule or data remains unfiled as required or an aggregate amount of $250,000, whichever is less. (c) Rates, schedules and data filed pursuant to this section shall not be used by the commission to order a change in any rate except in a proceeding pursuant to section 20. (d) Rates, schedules and data filed pursuant to this section shall not be subject to the provisions of K.S.A. 66-1220a and amendments thereto. New Sec. 19. (a) No person offering gas gathering services in this state, or facilities essential to provision of such services, shall deny access to any person seeking such services or facilities, in a manner that is unjust, unreasonable, unjustly discriminatory or unduly preferential. (b) No person performing gas gathering services shall charge a fee for such services, or engage in any practice in connection with such services, which is unjust, unreasonable, unjustly discriminatory or unduly preferential. New Sec. 20. (a) The commission, in its discretion, may at any time review a fee, term or practice being used by a gas gathering system operator to ascertain whether a violation of section 19 has occurred. Upon such review, the commission may initiate a proceeding to determine whether a violation of section 19 has occurred. Upon notice and an opportunity for hearing in accordance with the Kansas administrative procedure act, the commission shall have authority to order the remediation of any violation of section 19 that the commission finds has occurred. (b) Any consumer of gas gathering services, or any other person impacted by the terms imposed by a gas gathering system operator, may request the commission to investigate and initiate proceedings to review a fee, term or practice being used by a gas gathering system operator. As a condition to formal commission action, the person requesting commission action must first file a complaint that includes: (1) A statement that the complainant has presented the complaint, in writing, to the gas gathering system operator and included a request for a meeting with the system operator to discuss the matter; (2) a copy of the document described in subsection (b)(1); (3) a statement that the requested meeting took place or the system operator refused to meet with the complainant; (4) detailed factual statement indicating how the fee, term or practice violates section 19; (5) a statement of the precise remedy being requested that will make the fee, term or practice consistent with the provisions of section 19; and (6) if the complainant is a producer of natural gas, a copy of the analysis of the complainant's natural gas, including the nitrogen, carbon dioxide, hydrogen sulfide, water and other contaminant content; the amount of volume; and the amount of pressure at the wellhead. (c) The commission may resolve the complaint by use of an informal procedure established by the commission pursuant to rules and regulations adopted by the commission or the commission may conduct a formal hearing and take evidence as necessary to determine the merits of the complaint. If the commission uses an informal procedure and the complaint is not resolved within 60 days after the complaint is filed, the commission shall conduct a formal hearing on the complaint. The hearing shall be conducted and notice given in accordance with the Kansas administrative procedure act. Upon such hearing, the commission shall have authority to order the remediation of any violations of section 19, to 632 JOURNAL OF THE HOUSE the extent necessary for remediation as to the aggrieved person with respect to the particular violation. (d) In evaluating a fee or term, or in establishing a reasonable fee or term, the commission is not required to engage in cost-of-service ratemaking or any other form of ratemaking. Instead, the commission can employ any form of analysis and remedy that is designed to accomplish the goals of this act while respecting the legitimate property interests of the gas gathering system operator. (e) The commission shall maintain a publicized telephone number to facilitate the filing of informal complaints pursuant to subsection (b). (f) The commission shall adopt such rules and regulations as the commission determines reasonably necessary to prevent abuse of the complaint procedure provided for by this section. Such rules and regulations shall include provisions to prevent delay of the proceedings that may damage a party's ability to pursue or defend the complaint. New Sec. 21. The commission may adopt such rules and regulations as the commission determines necessary to improve market competition in, improve access to or protect the public interest in gas gathering services. New Sec. 22. The commission may exempt natural gas sold directly to a consumer from the wellhead before the gas enters a gathering system from rate averaging or pricing systems that apply to gas sold from a gas gathering system. New Sec. 23. In any retail natural gas service area where the commission has granted a certificate of convenience and necessity to sell natural gas at retail from a gas gathering system, the commission may issue other certificates of convenience and necessity to make such sales in such area. A person purchasing natural gas or gas gathering services from a gas gathering system operator in a retail natural gas service area where the commission has issued more than one certificate of convenience and necessity shall not be assessed an exit fee for electing to purchase natural gas or gas gathering services from another gas gathering system operator.''; Also on page 11, by renumbering the remaining sections accordingly; in line 33, after ``Supp.'' by inserting ``55-150,''; In the title, in line 13, before ``amending'' by inserting ``regulation of natural gas gathering systems and services;''; in line 14, after ``Supp.'' by inserting ``55-150,''; and SB 207 be passed as amended. Committee report to SB 93 be adopted and the bill be passed as amended. On motion of Rep. O'Neal SB 68 be amended on page 1, after line 15, by inserting the following: ``New Section 1. The attorney general shall have concurrent authority with any county or district attorney to file a petition pursuant to K.S.A. 1996 Supp. 59-2957, and amendments thereto and to prepare all necessary papers, to appear at any hearing and to present such evidence as the attorney general determines to be of aid to the court in determining the issues before the court in any case wherein it is alleged that a person is or continues to be a mentally ill person subject to involuntary commitment for care and treatment, as defined in subsection (f)(1)(B) of K.S.A. 1996 Supp. 59-2946, and amendments thereto. The provisions of this section shall be part of and supplemental to the care and treatment act for mentally ill persons. The provisions of this section shall be effective on the date of the issuance by the United States supreme court of an opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall expire on June 30, 1998. New Sec. 2. In each proceeding in which it is alleged that a person is or continues to be a mentally ill person subject to involuntary commitment for care and treatment, as defined in subsection (f)(1)(B) of K.S.A. 1996 Supp. 59-2946, and amendments thereto, the court shall allow and order paid a reasonable fee and expenses for an attorney appointed by the court to represent the person against whom the petition was filed, which fee and expenses shall be taxed to the estate of the patient, to those bound by law to support such patient or to the state of Kansas, except if a proposed patient is found not to be a mentally ill person subject to involuntary commitment under this act, the costs shall not be assessed against such patient's estate. Any fee or expenses taxes to the state of Kansas shall be considered a special claim against the state and considered in like manner by the legislature April 1, 1997 633 at its next session. The provisions of this section shall be part of and supplemental to the care and treatment act for mentally ill persons. The provisions of this section shall be effective on the date of the issuance by the United States supreme court of an opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall expire on June 30, 1998. New Sec. 3. Upon the provisions of subsections (e)(2), (f)(1)(B) and (p) of K.S.A. 592946 and 59-2972 and sections 1 and 2 of this act taking effect, the attorney general shall give notice of such fact by publishing such notice in the Kansas register, but such notice requirement shall not be necessary for this act to take effect and be in force. Sec. 4. K.S.A. 1996 Supp. 59-2946 is hereby amended to read as follows: 59-2946. When used in the care and treatment act for mentally ill persons: (a) ``Discharge'' means the final and complete release from treatment, by either the head of a treatment facility acting pursuant to K.S.A. 1996 Supp. 59-2950 and amendments thereto or by an order of a court issued pursuant to K.S.A. 1996 Supp. 59-2973 and amendments thereto. (b) ``Head of a treatment facility'' means the administrative director of a treatment facility or such person's designee. (c) ``Law enforcement officer'' shall have the meaning ascribed to it in K.S.A. 22-2202, and amendments thereto. (d) (1) ``Mental health center'' means any community mental health center organized pursuant to the provisions of K.S.A. 19-4001 through 19-4015 and amendments thereto, or mental health clinic organized pursuant to the provisions of K.S.A. 65-211 through 65-215 and amendments thereto, or a mental health clinic organized as a not-for-profit or a forprofit corporation pursuant to K.S.A. 17-1701 through 17-1775 and amendments thereto or K.S.A. 17-6001 through 17-6010 and amendments thereto, and licensed in accordance with the provisions of K.S.A. 75-3307b and amendments thereto. (2) ``Participating mental health center'' means a mental health center which has entered into a contract with the secretary of social and rehabilitation services pursuant to the provisions of K.S.A. 39-1601 through 39-1612 and amendments thereto. (e) ``Mentally ill person'' means any person who is suffering from a: (1) Mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment in one or more important areas of functioning, and involving substantial behavioral, psychological or biological dysfunction, to the extent that the person is in need of treatment; or (2) mental condition, whether congenital or acquired, which affects the person's emotional or volitional capacity predisposing that person to commit sexually violent offenses. The provisions of this subsection (e)(2) shall be effective on the date of the issuance by the United States supreme court of an opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall expire on June 30, 1998. (f) (1) ``Mentally ill person subject to involuntary commitment for care and treatment'' means: (A) A mentally ill person, as defined in subsection (e)(1), who also lacks capacity to make an informed decision concerning treatment, is likely to cause harm to self or others, and whose diagnosis is not solely one of the following mental disorders: Alcohol or chemical substance abuse; antisocial personality disorder; mental retardation; organic personality syndrome; or an organic mental disorder; or (B) a mentally ill person, as defined in subsection (e)(2) who also has committed an act that would constitute a sexually violent offense and presents a continuing threat of harm to self or others. The provisions of this subsection (f)(1)(B) shall be effective on the date of the issuance by the United States supreme court of an opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall expire on June 30, 1998. (2) ``Lacks capacity to make an informed decision concerning treatment'' means that the person, by reason of the person's mental disorder, is unable, despite conscientious efforts 634 JOURNAL OF THE HOUSE at explanation, to understand basically the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment, as evidenced by an inability to weigh the possible risks and benefits. (3) ``Likely to cause harm to self or others'' means that the person, by reason of the person's mental disorder: (a) Is likely, in the reasonably foreseeable future, to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty; or (b) is substantially unable, except for reason of indigency, to provide for any of the person's basic needs, such as food, clothing, shelter, health or safety, causing a substantial deterioration of the person's ability to function on the person's own. No person who is being treated by prayer in the practice of the religion of any church which teaches reliance on spiritual means alone through prayer for healing shall be determined to be a mentally ill person subject to involuntary commitment for care and treatment under this act unless substantial evidence is produced upon which the district court finds that the proposed patient is likely in the reasonably foreseeable future to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage; except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty. (g) ``Patient'' means a person who is a voluntary patient, a proposed patient or an involuntary patient. (1) ``Voluntary patient'' means a person who is receiving treatment at a treatment facility pursuant to K.S.A. 1996 Supp. 59-2949 and amendments thereto. (2) ``Proposed patient'' means a person for whom a petition pursuant to K.S.A. 1996 Supp. 59-2952 or K.S.A. 1996 Supp. 59-2957 and amendments thereto has been filed. (3) ``Involuntary patient'' means a person who is receiving treatment under order of a court or a person admitted and detained by a treatment facility pursuant to an application filed pursuant to subsection (b) or (c) of K.S.A. 1996 Supp. 59-2954 and amendments thereto. (h) ``Physician'' means a person licensed to practice medicine and surgery as provided for in the Kansas healing arts act or a person who is employed by a state psychiatric hospital or by an agency of the United States and who is authorized by law to practice medicine and surgery within that hospital or agency. (i) ``Psychologist'' means a licensed psychologist, as defined by K.S.A. 74-5302 and amendments thereto. (j) ``Qualified mental health professional'' means a physician or psychologist who is employed by a participating mental health center or who is providing services as a physician or psychologist under a contract with a participating mental health center, or a registered masters level psychologist or a licensed specialist social worker or a licensed master social worker or a registered nurse who has a specialty in psychiatric nursing, who is employed by a participating mental health center and who is acting under the direction of a physician or psychologist who is employed by, or under contract with, a participating mental health center. (1) ``Direction'' means monitoring and oversight including regular, periodic evaluation of services. (2) ``Licensed master social worker'' means a person licensed as a master social worker by the behavioral sciences regulatory board under K.S.A. 65-6301 through 65-6318 and amendments thereto. (3) ``Licensed specialist social worker'' means a person licensed in a social work practice specialty by the behavioral sciences regulatory board under K.S.A. 65-6301 through 65-6318 and amendments thereto. April 1, 1997 635 (4) ``Registered masters level psychologist'' means a person registered as a registered masters level psychologist by the behavioral sciences regulatory board under K.S.A. 74-5361 through 74-5373 and amendments thereto. (5) ``Registered nurse'' means a person licensed as a registered professional nurse by the board of nursing under K.S.A. 65-1113 through 65-1164 and amendments thereto. (k) ``Secretary'' means the secretary of social and rehabilitation services. (l) ``State psychiatric hospital'' means Larned state hospital, Osawatomie state hospital, Rainbow mental health facility or Topeka state hospital. (m) ``Treatment'' means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner. (n) ``Treatment facility'' means any mental health center or clinic, psychiatric unit of a medical care facility, state psychiatric hospital, psychologist, physician or other institution or person authorized or licensed by law to provide either inpatient or outpatient treatment to any patient. (o) The terms defined in K.S.A. 59-3002 and amendments thereto shall have the meanings provided by that section. (p) ``Sexually violent offense'' means: (1) Rape, K.S.A. 21-3502 and amendments thereto; (2) indecent liberties with a child, K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent liberties with a child, K.S.A. 21-3504 and amendments thereto; (4) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto; (5) aggravated criminal sodomy, K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation of a child, K.S.A. 21-3510 and amendments thereto; (7) aggravated indecent solicitation of a child, K.S.A. 21-3511 and amendments thereto; (8) sexual exploitation of a child, K.S.A. 21-3516 and amendments thereto; (9) aggravated sexual battery, K.S.A. 3518 and amendments thereto; (10) any conviction for a felony offense in effect at any time prior to the effective date of this act, that is comparable to a sexually violent offense as defined in subparagraphs (1) through (9), or any federal or other state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this section. (11) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 213302, 21-3303 and amendments thereto, of a sexually violent offense as defined in this section; or (12) any act which at the time of sentencing for the offense has been determined beyond a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually motivated'' means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. The provisions of this subsection (p) shall be effective on the date of the issuance by the United States supreme court of an opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall expire on June 30, 1998.''; And by renumbering sections accordingly; On page 10, after line 5, by inserting the following: ``Sec. 11. K.S.A. 1996 Supp. 59-2972 is hereby amended to read as follows: 59-2972. (a)TheExcept as provided in subsection (c), the secretary of social and rehabilitation services or the secretary's designee may transfer any patient from any state psychiatric hospital under the secretary's control to any other state psychiatric hospital whenever the secretary or the secretary's designee considers it to be in the best interests of the patient. Except in the case of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the hospital to which the patient is proposed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary of social and rehabilitation services prior to such transfer. 636 JOURNAL OF THE HOUSE (b)TheExcept as provided in subsection (c), the secretary of social and rehabilitation services or the designee of the secretary may transfer any involuntary patient from any state psychiatric hospital to any state institution for the mentally retarded whenever the secretary of social and rehabilitation services or the designee of the secretary considers it to be in the best interests of the patient. Any patient transferred as provided for in this subsection shall remain subject to the same statutory provisions as were applicable at the psychiatric hospital from which the patient was transferred and in addition thereto shall abide by and be subject to all the rules and regulations of the retardation institution to which the patient has been transferred. Except in the case of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the institution to which the patient is proposed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary of social and rehabilitation services prior to such transfer. No patient shall be transferred from a state psychiatric hospital to a state institution for the mentally retarded unless the superintendent of the receiving institution has found, pursuant to K.S.A. 76-12b01 through 76-12b11 and amendments thereto, that the patient is mentally retarded and in need of care and training and that placement in the institution is the least restrictive alternative available. Nothing in this subsection shall prevent the secretary of social and rehabilitation services or the designee of the secretary from allowing a patient at a state psychiatric hospital to be admitted as a voluntary resident to a state institution for the mentally retarded, or from then discharging such person from the state psychiatric hospital pursuant to K.S.A. 1996 Supp. 59-2973 and amendments thereto, as may be appropriate. (c) At all times, any person admitted to or detained at a state psychiatric hospital upon an application made pursuant to K.S.A. 1996 Supp. 59-2954, and amendments thereto, or an order issued pursuant to K.S.A. 1996 Supp. 59-2958, 59-2959, 59-2964, 59-2966 or 592969, and amendments thereto, and who is alleged to be or who has been determined to be a mentally ill person subject to involuntary commitment for care and treatment, as defined in subsection (f)(1)(B) of K.S.A. 1996 Supp. 59-2946, and amendments thereto, shall be kept in a separate secure facility or building and segregated at all times from any other patient alleged to be or who has been determined to be a mentally ill person subject to involuntary commitment for care and treatment, as defined in subsection (f)(1)(A) of K.S.A. 1996 Supp. 59-2946, and amendments thereto. The provisions of this subsection (c) shall be effective on the date of the issuance by the United States supreme court of an opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall expire on June 30, 1998. Sec. 12. On the date of the issuance by the United States supreme court of an opinion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional, K.S.A. 1996 Supp. 59-2946 and 59-2972 and section 1 of chapter 172 of the 1996 Session Laws of Kansas, section 2 of chapter 172 of the 1996 Session Laws of Kansas, section 3 of chapter 172 of the 1996 Session Laws of Kansas, section 4 of chapter 172 of the 1996 Session Laws of Kansas and section 5 of chapter 172 of the 1996 Session Laws of Kansas are hereby repealed.''; And by renumbering sections accordingly; On page 1, in the title, in line 11, by striking all before ``amending''; also in line 11, after ``Supp.'' by inserting ``59-2946,''; in line 12, by striking ``and'' where it appears for the first time and inserting a comma; also in line 12, after ``59-2971'' by inserting ``and 59-2972''; in line 13, before the period, by inserting ``; also repealing section 1 of chapter 172 of the 1996 Session Laws of Kansas, section 2 of chapter 172 of the 1996 Session Laws of Kansas, section 3 of chapter 172 of the 1996 Session Laws of Kansas, section 4 of chapter 172 of the 1996 Session Laws of Kansas, section 5 of chapter 172 of the 1996 Session Laws of Kansas, section 6 of chapter 172 of the 1996 Session Laws of Kansas and section 7 of chapter 172 of the 1996 Session Laws of Kansas''; and SB 68 be passed as amended. Committee report to SB 106 be adopted and the bill be passed as amended. April 1, 1997 637 Committee report recommending a substitute bill to H. Sub. for SB 264 be adopted; also, on motion of Rep. Mays be amended on page 1, in line 15, after ``building'' by inserting ``, place of assembly or facility of transportation''; after line 28, by inserting the following: ``Sec. 2. K.S.A. 21-4110 is hereby amended to read as follows: 21-4110. (a) Giving a false alarm is:(1) Initiating or circulating a report or warning of an impending bombing or other crime or catastrophe, knowing that the report or warning is baseless and under such circumstances that it is likely to cause evacuation of a building, place of assembly or facility of public transport or to cause public inconvenience or alarm;(2)(1) transmitting in any manner to the fire department of any city, township or other municipality a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or(3)(2) making a call in any manner for emergency service assistance including police, fire, medical or other emergency service provided under K.S.A. 12-5301 et seq., and amendments thereto, knowing at the time of such call that there is no reasonable ground for believing such assistance is needed. (b) Giving a false alarm is a class A nonperson misdemeanor. Sec. 3. K.S.A. 21-4110 is hereby repealed.''; And by renumbering section 2 as section 4; In the title, in line 10, before the period, by inserting ``; relating to giving a false alarm; amending K.S.A. 21-4110 and repealing the existing section''; Also, on motion of Rep. Garner to amend H. Sub. for SB 264, the motion did not prevail. Also, roll call was demanded on motion to recommend the substitute bill favorably for passage. On roll call, the vote was: Yeas 110; Nays 13; Present but not voting 0; Absent or not voting 2. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flora, Flower, Franklin, Freeborn, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Schwartz, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wempe, Wilk. Nays: Burroughs, Crow, Flaharty, Garner, Geringer, Gilbert, Helgerson, Henderson, Klein, McKechnie, Sawyer, Wells, Welshimer. Present but not voting: None. Absent or not voting: Dean, Wilson. The motion prevailed and H. Sub. for SB 264 be passed as amended. REPORTS OF STANDING COMMITTEES The Committee on Appropriations recommends HB 2351; SB 16 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Appropriations recommends SB 124, as amended by Senate Committee, be passed and, because the committe is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. The Committee on Appropriations recommends SB 14, as amended by Senate Committee of the Whole, be amended on page 2, in line 32, by striking ``trust'' and inserting in lieu thereof ``accordance with section 457 of the federal internal revenue code of 1986, and amendments thereto,''; and the bill be passed as amended. 638 JOURNAL OF THE HOUSE MESSAGE FROM THE GOVERNOR HB 2021, 2043, 2049, 2073, 2075, 2112, 2176, 2180, 2184, 2199, 2211, 2329 approved on March 31, 1997. 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. McKinney in the chair. COMMITTEE OF THE WHOLE On motion of Rep. McKinney, Committee of the Whole report, as follows, was adopted: Recommended that SB 12 be passed. Committee report to SB 87 be adopted; also, on motion of Rep. O'Neal be amended on page 8, in line 35, by deleting all after ``person'' and before ``to''; also, in line 38 by striking all after the period and by striking all in lines 39-43 and all in lines 1 and 2 on page 9; also, on page 9, in line 4, by adding after the word ``dealer'' the following: ``, or employee thereof,''; Also, on motion of Rep. Powers to amend SB 87, the motion did not prevail and the bill be passed as amended. Committee report to SB 262 be adopted and the bill be passed as amended. Committee report to SB 188 be adopted; also, on motion of Rep. Mays to amend, the motion did not prevail and the bill be passed as amended. INTRODUCTION OF ORIGINAL MOTIONS On emergency motion of Rep. Jennison pursuant to House Rule 2311, SB 7, 214, 27, 61, 146, 123, 207, 93, 66, 68, 106; H. Sub. for SB 264; SB 87, 262, 12, 188 were advanced to Final Action on Bills and Concurrent Resolutions. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS SB 7, An act relating to property taxation; concerning tax levy rate limitations on certain governmental units; amending K.S.A. 1996 Supp. 79-5036 and 79-5038 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 119; Nays 5; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mol lenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Presta, Reardon, Rein hardt, 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, Wil son. Nays: Campbell, Carmody, Franklin, Krehbiel, Ray. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. EXPLANATION OF VOTE Mr. Speaker: I vote ``no'' on SB 7 because I do not believe the State should dictate to local officials as to the level of tax imposed at that level. City and county officers are elected April 1, 1997 639 by the same people who elect the legislators. Therefore those officials should have full authority to do their jobs and be accountable to the citizens of their jurisdictions.--Gerry Ray SB 214, An act concerning law enforcement; relating to training center; sheriffs; quali fications and officer training requirements; amending K.S.A. 19-801b and 74-5617 and K.S.A. 1996 Supp. 74-5602, 74-5605, 74-5608a and 74-5616 and repealing the existing sec tions; also repealing K.S.A. 1996 Supp. 74-5602a, was considered on final action. On roll call, the vote was: Yeas 106; Nays 18; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gil bert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, Lloyd, J. Long, P. Long, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Span gler, Stone, Storm, Tanner, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Ballou, Edmonds, Garner, Howell, Jennison, Klein, Landwehr, Mason, Mayans, Mays, McKechnie, Neufeld, Nichols, Packer, Powers, Shallenburger, Swenson, Tomlinson. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. SB 27, An act concerning finance charges on consumer credit sales; amending K.S.A. 16a-2-201 and 16a-2-202 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 63; Nays 61; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Allen, Aurand, Ballard, Beggs, Boston, Carmody, Correll, Cox, Crow, Dreher, Edmonds, Empson, Faber, Feuerborn, Findley, Franklin, Freeborn, Geringer, Gil more, Glasscock, Grant, Gregory, Hayzlett, Holmes, Huff, Humerickhouse, Hutchins, Jen nison, Johnson, Kejr, Phil Kline, Lane, Larkin, Lloyd, Mayans, Minor, Morrison, Myers, O'Connor, O'Neal, Osborne, Packer, J. Peterson, Pottorff, Powell, Powers, Presta, Ray, Reinhardt, Ruff, Samuelson, Shultz, Stone, Tomlinson, Toplikar, Vining, Wagle, Wells, Wel shimer, Wempe, Wilk, Wilson. Nays: Alldritt, Ballou, Benlon, Bradley, Burroughs, Campbell, Compton, Dahl, Dillon, Farmer, Flaharty, Flora, Flower, Garner, Gilbert, Haley, Helgerson, Henderson, Henry, Horst, Howell, Johnston, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Landwehr, J. Long, P. Long, Mason, Mays, McClure, McCreary, McKechnie, McKinney, Mollenkamp, Neu feld, Nichols, Palmer, Pauls, E. Peterson, Phelps, Reardon, Sawyer, Schwartz, Shallenbur ger, Sharp, Shore, Showalter, Shriver, Sloan, Spangler, Storm, Swenson, Tanner, Thimesch, Toelkes, Vickrey, Weber, Weiland. Present but not voting: None. Absent or not voting: Dean. The bill passed. SB 61, An act concerning the practice of podiatry; amending K.S.A. 65-2002 and re pealing the existing section, was considered on final action. On roll call, the vote was: Yeas 86; Nays 38; Present but not voting 0; Absent or not voting 1. Yeas: Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Burroughs, Carmody, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Feuerborn, Findley, Flaharty, Flora, Garner, Geringer, Gilbert, Gilmore, Glasscock, Gregory, Haley, Hayzlett, Helgerson, Henry, Holmes, Horst, Humerickhouse, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phill Kline, Krehbiel, Kuether, Larkin, Mason, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Palmer, E. Peterson, 640 JOURNAL OF THE HOUSE Phelps, Pottorff, Powers, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Adkins, Alldritt, Bradley, Campbell, Compton, Correll, Edmonds, Farmer, Flower, Franklin, Freeborn, Grant, Henderson, Howell, Huff, Hutchins, Phil Kline, Landwehr, Lane, Lloyd, J. Long, P. Long, Mayans, Mays, McClure, Packer, Pauls, J. Peterson, Powell, Presta, Ray, Reardon, Shallenburger, Shultz, Swenson, Vickrey, Wagle, Weber. Present but not voting: None. Absent or not voting: Dean. The bill passed. SB 146, An act concerning cities; relating to officers and employees; relating to the qualifications and powers and duties thereof; amending K.S.A. 1996 Supp. 12-1617f and repealing the existing section; also repealing K.S.A. 13-2903, was considered on final action. On roll call, the vote was: Yeas 107; Nays 17; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bradley, Burroughs, Car mody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Empson, Faber, Farmer, Feuer born, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Kreh biel, Kuether, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Neal, Osborne, 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, Tanner, Thimesch, Toelkes, Tomlinson, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilson. Nays: Alldritt, Boston, Campbell, Edmonds, Garner, Hayzlett, Klein, Phill Kline, Land wehr, Larkin, McKechnie, Neufeld, O'Connor, Packer, Swenson, Toplikar, Wilk. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. SB 123, An act concerning regulation of discharges of sewage; amending K.S.A. 65-164 and 65-165 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 122; Nays 2; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot torff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk, Wilson. Nays: Shallenburger, Spangler. Present but not voting: None. Absent or not voting: Dean. The bill passed. SB 207, An act concerning the Kansas corporation commission; investigations and com plaints; hearings; granting of exemptions from certain filing requirements; issuance of certain certificates; duties and authority relating to energy efficiency standards for buildings; changes in rates and schedules of public utilities and common carriers; regulation of natural gas gathering systems and services; amending K.S.A. 66-1,191 and 66-1,234 and K.S.A. 1996 April 1, 1997 641 Supp. 55-150, 66-101d, 66-101e, 66-117, 66-125, 66-1,192, 66-1,204, 66-1,205, 66-1,219, 66-1,220 and 66-1,235 and repealing the existing sections; also repealing K.S.A. 66-131a, was considered on final action. On roll call, the vote was: Yeas 91; Nays 32; Present but not voting 1; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Boston, Burroughs, Camp bell, Carmody, Compton, Dreher, Edmonds, Empson, Faber, Findley, Flaharty, Flower, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Gregory, Haley, Hayzlett, Hen derson, Henry, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Kejr, Klein, Phil Kline, Krehbiel, Kuether, Landwehr, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morri son, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Pauls, E. Peterson, Phelps, Pottorff, Powell, Presta, Ray, Reinhardt, Ruff, Samuelson, Schwartz, Sharp, Shore, Show alter, Shultz, Sloan, Stone, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vining, Wagle, Weiland, Wempe, Wilk, Wilson. Nays: Ballou, Bradley, Correll, Cox, Crow, Dahl, Dillon, Farmer, Feuerborn, Flora, Grant, Helgerson, Howell, Johnston, Kirk, Phill Kline, Lane, Packer, Palmer, J. Peterson, Powers, Reardon, Sawyer, Shallenburger, Shriver, Spangler, Storm, Swenson, Vickrey, We ber, Wells, Welshimer. Present but not voting: Franklin. Absent or not voting: Dean. The bill passed, as amended. SB 93, An act concerning insurance; conversion of mutual insurer to stock insurer; amending K.S.A. 40-4001, 40-4002, 40-4004, 40-4005, 40-4006, 40-4007, 40-4008, 40-4009, 40-4010, 40-4011, 40-4012, 40-4013 and 40-4014 and repealing the existing sections; also repealing K.S.A. 40-4003, was considered on final action. On roll call, the vote was: Yeas 121; Nays 2; Present but not voting 1; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Hel gerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jen nison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, 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: Garner, O'Connor. Present but not voting: Landwehr. Absent or not voting: Dean. The bill passed, as amended. SB 66, An act concerning probate; relating to conservators; payment of demands; medical assistance; amending K.S.A. 59-3026 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, Mc 642 JOURNAL OF THE HOUSE Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot torff, 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. The bill passed. SB 68, An act concerning the care and treatment act for mentally ill persons; amending K.S.A. 1996 Supp. 59-2946, 59-2957, 59-2958, 59-2966, 59-2967, 59-2969, 59-2971 and 592972 and repealing the existing sections; also repealing section 1 of chapter 172 of the 1996 Session Laws of Kansas, section 2 of chapter 172 of the 1996 Session Laws of Kansas, section 3 of chapter 172 of the 1996 Session Laws of Kansas, section 4 of chapter 172 of the 1996 Session Laws of Kansas, section 5 of chapter 172 of the 1996 Session Laws of Kansas, section 6 of chapter 172 of the 1996 Session Laws of Kansas and section 7 of chapter 172 of the 1996 Session Laws of Kansas, was considered on final action. On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot torff, 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. The bill passed, as amended. SB 106, An act concerning conservators; relating to making of gifts in certain circum stances; relating to creation of trusts in certain circumstances, was considered on final action. On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot torff, 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. April 1, 1997 643 The bill passed, as amended. H. Sub for SB 264, An act concerning crimes and punishments; defining and classifying the crime of aggravated criminal threat; relating to giving a false alarm; amending K.S.A. 21-4110 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 109; Nays 15; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dillon, Dreher, Edmonds, Faber, Farmer, Feuerborn, Findley, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glas scock, Grant, Gregory, Haley, Hayzlett, Henry, Holmes, Horst, Howell, Huff, Humerick house, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Phil Kline, Phill Kline, Krehbiel, Landwehr, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, 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, Weiland, Wells, Welshimer, Wempe, Wilk. Nays: Aurand, Correll, Crow, Empson, Flaharty, Garner, Helgerson, Henderson, Klein, Kuether, Larkin, McKechnie, E. Peterson, Weber, Wilson. Present but not voting: None. Absent or not voting: Dean. The substitute bill passed, as amended. SB 87, An act concerning cigarettes and tobacco products; relating to cigarette or tobacco infractions; concerning certain records of sales; amending K.S.A. 1996 Supp. 12-4214, 124305, 21- 3105, 21-4503a, 22-3404, 22-3409, 22-3412, 22-3609a, 79-3316, 79-3322 and 793393 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 113; Nays 11; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Allen, Ballard, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Car mody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Edmonds, Empson, Farmer, Feuerborn, Findley, Flaharty, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gil more, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Pe terson, Phelps, Pottorff, Powell, Powers, Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Shallenburger, Sharp, Shore, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk, Wilson. Nays: Alldritt, Aurand, Ballou, Faber, Flora, Lloyd, McKinney, Minor, Schwartz, Thi mesch, Wempe. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. SB 262, An act concerning crimes, criminal procedure and punishment; relating to sen tencing; attorney general; relating to capital murder; assistance of counsel; amending K.S.A. 21-4623, 21-4624, 21-4633, 22-4505 and 22-4506 and K.S.A. 1996 Supp. 21-4705 and re pealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 106; Nays 18; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flora, Flower, Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Klein, Phil 644 JOURNAL OF THE HOUSE Kline, Phill Kline, Kuether, Landwehr, Lane, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Pot torff, Powell, Powers, Ray, Reinhardt, Ruff, Schwartz, Shallenburger, Sharp, Shore, Show alter, Shriver, Shultz, Sloan, Stone, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Wells, Wilk, Wilson. Nays: Crow, Flaharty, Garner, Henderson, Henry, Kirk, Krehbiel, Larkin, McClure, Phelps, Presta, Reardon, Samuelson, Sawyer, Spangler, Weiland, Welshimer, Wempe. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. SB 12, An act concerning social welfare; relating to identifying health care and other medical benefits provided under medical benefit plans for beneficiaries of federal medicaid benefits; prescribing penalties for failure to provide certain information, was considered on final action. On roll call, the vote was: Yeas 124; Nays 0; Present but not voting 0; Absent or not voting 1. Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl, Dillon, Dreher, Ed monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jennison, Johnson, Johnston, Kejr, Kirk, Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Lloyd, J. Long, P. Long, Mason, Mayans, Mays, McClure, Mc Creary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pot torff, 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. The bill passed. SB 188, An act concerning registration of vehicles; providing for fees for satellite regis tration facilities; amending K.S.A. 1996 Supp. 8-145d and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 64; Nays 60; Present but not voting 0; Absent or not voting 1. Yeas: Alldritt, Allen, Aurand, Ballard, Campbell, Correll, Cox, Dahl, Dillon, Dreher, Empson, Findley, Flaharty, Flower, Freeborn, Garner, Geringer, Gilbert, Glasscock, Grant, Gregory, Haley, Hayzlett, Henderson, Holmes, Humerickhouse, Johnson, Johnston, Klein, Krehbiel, Kuether, Larkin, Mason, McClure, McKechnie, McKinney, Mollenkamp, Mor rison, Myers, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powers, Ray, Rein hardt, Samuelson, Sawyer, Schwartz, Shallenburger, Showalter, Shriver, Stone, Storm, Tan ner, Thimesch, Toelkes, Tomlinson, Wells, Welshimer, Wempe, Wilson. Nays: Adkins, Ballou, Beggs, Benlon, Boston, Bradley, Burroughs, Carmody, Compton, Crow, Edmonds, Faber, Farmer, Feuerborn, Flora, Franklin, Gilmore, Helgerson, Henry, Horst, Howell, Huff, Hutchins, Jennison, Kejr, Kirk, Phil Kline, Phill Kline, Landwehr, Lane, Lloyd, J. Long, P. Long, Mayans, Mays, McCreary, Minor, Neufeld, Nichols, O'Con nor, O'Neal, Osborne, Packer, Powell, Presta, Reardon, Ruff, Sharp, Shore, Shultz, Sloan, Spangler, Swenson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wilk. Present but not voting: None. Absent or not voting: Dean. The bill passed, as amended. April 1, 1997 645 MOTIONS TO CONCUR AND NONCONCUR On motion of Rep. Boston, the House nonconcurred in Senate amendments to HB 2159 and asked for a conference. Speaker Shallenburger thereupon appointed Reps. Boston, Tanner and Gilbert as con ferees on the part of the House. REPORTS OF STANDING COMMITTEES The Committee on Agriculture recommends Substitute for SB 317, as amended by Senate Committee of the Whole, be amended on page 1, in line 24, by striking ``July'' and inserting ``September''; in line 37, by striking ``July'' and inserting ``September''; On page 3, in line 1, by striking ``July'' and inserting ``September''; in line 22, by striking ``July'' and inserting ``September''; in line 23, by striking ``July'' and inserting ``September''; in line 28, by striking ``June'' and inserting ``August''; in line 30, by striking ``July'' and inserting ``September''; On page 4, in line 1, by striking ``July'' and inserting ``September''; in line 17, by striking ``July'' and inserting ``September''; in line 29, by striking all after ``after''; in line 30, by striking ``service'' and inserting ``September 1, 1997, the department of agriculture''; in line 33, after the period, by inserting ``The director of Kansas correctional industries, or the director's designee, pursuant to the director's duties as operator of the state surplus property program, shall place a fair market value on such property. Upon receipt of such fair market value, the secretary shall offer for sale, at the fair market value, all property acquired in such transfer in a single lot to the entity that has been designated by the grain inspection, packers and stockyards administration as the official agency pursuant to the United States grain standards act. If such designated agency declines to purchase such property, the sec retary shall offer for sale such property to the general public. All revenue received pursuant to such sale shall be deposited in the state treasury and credited to the grain inspection fee fund.''; in line 34, by striking ``July'' and inserting ``September''; in line 37, by striking ``July'' and inserting ``September''; in line 41, by striking ``July'' and inserting ``September''; On page 5, in line 2, by striking ``pay all remaining moneys credited to'' and inserting ``transfer the amount of money equal to the amount of money credited to the grain inspec tion fee fund on December 1, 1993, from''; in line 4, by striking all after the period; by striking all in lines 5 and 6 and inserting in lieu thereof the following: ``The remaining moneys credited to the grain inspection fee fund shall be maintained in such fund. Such moneys shall be expended only if necessary to reestablish or designate a state agency pursuant to statute to perform the duties and functions of grain inspection. On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the warehouse fee fund interest earnings based on: (1) The average daily balance of moneys in the grain inspection fee fund for the pre ceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month. (d) The secretary may maintain the leases of the grain inspection department until October 1, 1997.``; On page 6, in line 28, by striking ``July'' and inserting ``September''; On page 7, in line 9, by striking ``July'' and inserting ``September''; in line 16, by striking ``July'' and inserting ``September''; On page 8, in line 25, by striking ``July'' and inserting ``September''; On page 9, in line 4, by striking ``July'' and inserting ``September''; in line 35, by striking ``July'' and inserting ``September''; On page 10, in line 31, by striking ``July'' and inserting ``September''; in line 39, by striking ``July'' and inserting ``September''; On page 14, in line 15, by striking ``July'' and inserting ``September''; On page 16, in line 4, by striking ``July'' and inserting ``September''; in line 43, by striking ``July'' and inserting ``September''; On page 17, in line 15, by striking ``July'' and inserting ``September''; in line 27, by striking ``July'' and inserting ``September''; in line 35, by striking ``July'' and inserting ``September''; On page 18, in line 21, by striking ``July'' and inserting ``September''; 646 JOURNAL OF THE HOUSE On page 19, in line 4, by striking ``July'' and inserting ``September''; in line 42, by striking ``July'' and inserting ``September''; On page 20, in line 10, by striking ``July'' and inserting ``September''; in line 41, by striking ``July'' and inserting ``September''; On page 21, in line 36, by striking ``July'' and inserting ``September''; On page 22, in line 8, by striking ``July'' and inserting ``September''; On page 23, in line 5, by striking ``July'' and inserting ``September''; in line 27, by striking ``July'' and inserting ``September''; On page 24, in line 22, by striking ``July'' and inserting ``September''; On page 25, in line 16, by striking ``July'' and inserting ``September''; in line 22, by striking ``July'' and inserting ``September''; in line 34, by striking ``July'' and inserting ``September''; On page 26, in line 15, by striking ``July'' and inserting ``September''; On page 28, in line 22, by striking ``July'' and inserting ``September''; in line 28, by striking ``July'' and inserting ``September''; On page 29, in line 37, by striking ``July'' and inserting ``September''; On page 31, in line 36, by striking ``July'' and inserting ``September''; On page 33, in line 29, by striking ``July'' and inserting ``September''; in line 38, by striking ``June'' and inserting ``August''; in line 39, by striking ``and'' and inserting a comma; also in line 39, before the period, by inserting ``and the issuance by the grain inspection, packers and stockyards administration, pursuant to the United States grain standards act, of the official agency designation of an entity that is not the state of Kansas grain inspection de partment''; and the bill be passed as amended. The Committee on Appropriations recommends HB 2478 be amended on page 2, in line 6, after ``earnings'', by inserting ``rate''; and the bill be passed as amended. The Committee on Appropriations recommends SB 11 be amended on page 1, after line 13, by inserting: ``Section 1. K.S.A. 1996 Supp. 20-2601 is hereby amended to read as follows: 20-2601. As used in K.S.A. 20-2601 et seq. and amendments thereto, unless the context otherwise requires: (a) ``Fund'' means the Kansas public employees retirement fund created by K.S.A. 744921 and amendments thereto; (b) ``retirement system for judges'' means the system provided for in the acts contained in article 26 of chapter 20 of the Kansas Statutes Annotated and any acts amendatory thereof or supplemental thereto; (c) ``judge'' means any duly elected or appointed justice of the supreme court, judge of the court of appeals or judge of any district court of Kansas, who serves in such capacity on and after the effective date of this act and commencing with the first day of the first payroll period of the fiscal year ending June 30, 1994, any district magistrate judge who makes an election as provided in K.S.A. 20-2620 and amendments thereto or who is elected or ap pointed on or after July 1, 1993; (d) ``member'' means a judge who is making the required contributions to the fund, or any former judge who has made the required contributions to the fund and has not received a refund of the judge's accumulated contributions; (e) ``prior service'' means all the periods of time any judge has served in such capacity prior to the effective date of this act except that district magistrate judges who have service credit under the Kansas public employees retirement system must make application to the board and make payment as required by the board to transfer service credit from the Kansas public employees retirement system to the retirement system for judges; (f) ``current service'' means the period of service any judge serves in such capacity from and after the effective date of this act; (g) ``military service'' means active service of any judge in any of the armed forces of the United States or in the United States public health service prior or subsequent to the effective date of this act, provided such service commenced while such judge was holding the office of judge. The board has the power to determine when a national emergency exists or has existed for the purpose of applying this definition and provision; April 1, 1997 647 (h) ``total years of service'' means the total number of years served as a judge, including prior service, military service and current service as defined by this section, computed to the nearest quarter; (i) ``salary'' means the statutory salary of a judge; (j) ``final average salary'' means that determined as provided in subsection (b) of K.S.A. 20-2610 and amendments thereto; (k) ``beneficiary'' means any natural person or persons or estate designated by a judge in the latest designation of beneficiary received in the retirement system office to receive any benefits as provided for by this act. Except as provided in subsection (n), if there is no named beneficiary living at the time of the judge's death, any benefits provided for by this act shall be paid to: (1) The judge's surviving spouse; (2) the judge's dependent child or children; (3) the judge's dependent parent or parents; (4) the judge's nondependent child or children; (5) the judge's nondependent parent or parents; (6) the estate of the deceased member; in the order of preference as specified in this subsection.Any payment made to a named beneficiary shall be a full discharge and release to the system from any further claims. Any payment made to a beneficiary as provided in clauses (1), (2), (3), (4), (5) or (6) of this subsection, as determined by the board, shall be a full discharge and release to the system from any further claims. Whenever any payment is payable to more than one beneficiary such payment shall be made to such beneficiaries jointly. Any benefits payable to a beneficiary or beneficiaries who are minor children or incompetent persons shall be made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed conservator of such beneficiaries who was nominated by will or as otherwise provided by law, except that in those cases where the benefit involves only the payment of the judge's accumulated contributions with interest as provided by this act in an amount not to exceed $500, the board is hereby authorized in its discretion without the appointment of a conser vator or the giving of a bond to pay such amount as is due to the minor or minors themselves, any payment so made shall be a full discharge and release to the system from any further claims.Effective January 1, 1998, a member may designate a beneficiary or beneficiaries for any death benefits payable under the provisions of K.S.A. 74-4927 through 74-4927h, and amendments thereto, which are different from any beneficiary or beneficiaries the mem ber may have designated for any other benefits. Designations of beneficiaries by a member who is a member of more than one retirement system made on or after July 1, 1987, shall be the basis of any benefits payable under all systems unless otherwise provided by law; (l) ``annuity'' means a series of equal monthly payments, payable at the end of each calendar month during the life of a retired judge, of which payments the first payment shall be made as of the end of the calendar month in which such annuity was awarded and the last payment shall be at the end of the calendar month in which such judge dies. The first payment shall include all amounts accrued since the effective date of the award of annuities, including a pro rata portion of the monthly amount of any fraction of a month elapsing between the effective date of such annuity and the end of the calendar month in which such annuity began; (m) ``board'' means the board of trustees of the Kansas public employees retirement system; (n) ``trust'' means an express trust created by any trust instrument, including a will, and designated by a member to receive benefits and other amounts payable under K.S.A. 202607, 20-2610a and 20-2612, and amendments thereto, instead of a beneficiary. A desig nation of a trust shall be filed with the board. If there is a designated trust at the time of the member's death, all benefits and other amounts payable under K.S.A. 20-2607, 20-2610a and 20-2612, and amendments thereto, shall be paid to the trust instead of the member's beneficiary. If no will is admitted to probate within six months after the death of the member or no trustee qualifies within such six months or if the designated trust fails, for any reason whatsoever, any benefits and other amounts payable under K.S.A. 20-2607, 20-2610a and 20-2612, and amendments thereto, shall be paid to the member's beneficiary and any pay ments so made shall be a full discharge and release to the retirement system for judges from any further claims; 648 JOURNAL OF THE HOUSE (o) ``accumulated contributions'' means the sum of all contributions by a member to the retirement system for judges which are credited to the member's account, with interest allowed thereon after June 30, 1982; and (p) except as otherwise provided in K.S.A. 20-2601 et seq. and amendments thereto, words and phrases used in K.S.A. 20-2601 et seq. and amendments thereto shall have the same meanings ascribed to them as are defined in K.S.A. 74-4902 and amendments thereto. Sec. 2. K.S.A. 20-2609 is hereby amended to read as follows: 20-2609. (a) Any judge who has become permanently physically or mentally disabled and who is not entitled to retire under K.S.A. 20-2608 and amendments thereto may, upon being found so disabled by the supreme court, retire under this section, and upon such retirement such judge shall be entitled to receive an annuity, each monthly payment of which shall be in an amount equal to 3.5% of the final average salary of the judge, determined as provided in subsection (b) of K.S.A. 20-2610 and amendments thereto, multiplied by the number of total years of service, but for any judge who becomes disabled as provided in this section on or after July 1, 1997, such monthly benefits shall be at least25%50% but shall not exceed 70% of the final average salary of the judge, determined as provided in subsection (b) of K.S.A. 202610 and amendments thereto. (b) Any judge, or the conservator of any judge, desiring to retire under the provisions of this section shall file an application for such retirement with the clerk of the supreme court, which application shall be in such form and contain such information as the supreme court shall require. The court may require such judge to be examined by a physician ap pointed by the court and may require such other evidence and proof of disability as it deems necessary to reach a determination as to whether such judge is so permanently disabled. If the supreme court shall determine that any such judge is so permanently disabled it shall promptly notify the board and thereupon such judge shall be placed on retirement by the board and monthly receive the retirement annuity as provided in this section. (c) Any judge receiving an annuity under the provisions of this section shall be consid ered an active judge for the purposes of K.S.A. 20-2608 and amendments thereto and shall, upon reaching age 65 or upon making application for retirement, have such judge's retire ment under this section terminated and such judge shall be placed on retirement under the provisions of K.S.A. 20-2608 and amendments thereto. (d) In the event that a judge eligible for a disability annuity authorized by this section shall be disabled for a period of five years or more immediately preceding retirement, such judge's final average salary shall be adjusted upon retirement by the actuarial salary as sumption rates in existence during such period of disability. Effective July 1, 1993, such judge's final average salary shall be adjusted upon retirement by 5% for each year of disability after July 1, 1993, but before July 1, 1997. Effective July 1, 1997, such judge's final average salary shall be adjusted upon retirement by an amount equal to the lesser of: (1) The percentage increase in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor; or (2) four percent per annum, measured from the month the disability occurs to the month that is two months prior to the month of retirement, for each year of disability after July 1, 1997. (e) The provisions of law in effect on the retirement date of a judge under the retirement system for judges shall govern the retirement benefit payable to the judge, any joint annu itant and any beneficiary. Sec. 3. K.S.A. 20-2610 is hereby amended to read as follows: 20-2610. (a) (1) A judge who retires under K.S.A. 20-2608, and amendments thereto, shall be entitled to receive an annual annuity payable in monthly amounts subject to subsection (b), eachmonthly paymentsuch annual annuity of which shall be in an amount equal to the total of 5% of the final average salary of the judge, determined as provided in subsection (b), multiplied by the number of the judge's years of service up to 10 years, and 3.5% of the final average salary of the judge, determined as provided in subsection (b), multiplied by the number of the judge's years of service in excess of 10 years, but suchmonthly benefitsannual annuity shall not exceed 70% of the final average salary of such judge, determined as provided in sub section (b). A judge who retires under K.S.A. 20-2608 and amendments thereto, and who became a member of the system after June 30, 1987, shall be entitled to receive an annual annuity payable in monthly amounts subject to subsection (b), eachmonthly paymentsuch April 1, 1997 649 annual amount of which shall be in an amount equal to the total of 3.5% of the final average salary of the judge, determined as provided in subsection (b), multiplied by the number of the judge's years of service, but suchmonthly benefitsannual annuity shall not exceed 70% of the final average salary of the judge, determined as provided in subsection (b). (2) For purposes of this subsection, the date of membership for a district magistrate judge who became a member of the system as provided by K.S.A. 20-2620 and amendments thereto and who purchased service as provided in subsection (c) of K.S.A. 20-2620 and amendments thereto shall be the day such district magistrate judge became a district mag istrate judge and if such district magistrate judge's membership date as determined in this subsection is earlier than July 1, 1987, such district magistrate judge shall be entitled to the 5% of final average salary calculation for up to 10 years of service as provided in this subsection. Any additional cost associated with the provisions of this subsection shall be paid by such district magistrate judge by means of a single lump-sum payment. No participating employer shall pay all or any part of any cost associated with the provisions of this subsection. (b) For any judge who retires under K.S.A. 20-2608 or 20-2609, and amendments thereto, on or after July 1, 1975, the annuity shall be based on the final average salary of such judge as provided in this subsection. The final average salary of a judge who becomes permanently physically or mentally disabled and who is retired under K.S.A. 20-2608 or 202609, and amendments thereto, shall be determined as if such judge had retired on the date such judge became permanently physically or mentally disabled. The final average salary of a former judge whose service is terminated without retiring and who later retires under K.S.A. 20-2608, and amendments thereto, shall be determined as if such former judge had retired at the time such service was terminated. In the case of judges who retire on or after July 1, 1993, the final average salary shall mean the average highest annual salary paid to the judge for any three years of the last 10 years of service as a judge immediately preceding retirement or termination of employment, or if service as a judge is less than three years, then the final average salary shall be the average annual salary paid to the judge during the full period of service as a judge, or if service as a judge is less than one year, then the final average salary shall be computed by multiplying the amount of monthly salary such judge was receiving at the time of retirement by 12. (c) The provisions of law in effect on the retirement date of a judge under the retirement system for judges shall govern the retirement benefit payable to the judge, any joint annu itant and any beneficiary. (d) A judge who retires under K.S.A. 20-2608, and amendments thereto, and who, after such retirement, again is appointed or elected as a judge, shall have the judge's retirement annuity suspended as provided in this subsection. Such judge shall become an active member and make employee contributions to the system and receive service credit for any service after the date of commencement of service in such position. Upon again retiring, any credited service such member subsequently accrues shall be added to all previous service and the retirement annuity shall be recalculated in accordance with the provisions of this section. Sec. 4. K.S.A. 20-2620 is hereby amended to read as follows: 20-2620. (a) Except as otherwise provided, each district magistrate judge holding such position on the effective date of this act may become a member of the retirement system for judges on the first day of the payroll period of the fiscal year ending June 30, 1994, only by filing with the board of trustees of the Kansas public employees retirement system on or before the first day of the payroll period of the fiscal year ending June 30, 1994, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a mem ber or not to become a member, shall be irrevocable. In addition, any such district magistrate judge who makes the election previously provided in this section, may elect to transfer such district magistrate judge's service credit from the Kansas public employees retirement sys tem as provided in subsection (e) of K.S.A. 20-2601 and amendments thereto and subsection (c). The date of membership for a district magistrate judge who became a member of the system as provided in this section and who purchased service as provided in subsection (c) shall be the day that such district magistrate judge became a district magistrate judge. 650 JOURNAL OF THE HOUSE (b) Each person who becomes a district magistrate judge on or after the effective date of this act shall become a member of the retirement system for judges on the first day such person holds the position of district magistrate judge. (c) The board of trustees of the Kansas public employees retirement system shall trans fer to the credit of the district magistrate judge under the retirement system for judges such amounts as may be presently credited to a district magistrate judge's account for contribution under the Kansas public employees retirement system and an equivalent amount to the employer's account for contributions for such district magistrate judge whenever an appli cation for conversion of service under the Kansas public employees retirement system is received from a district magistrate judge. Any district magistrate judge may purchase such service by electing such purchase prior to retirement by means of a single lump sum payment or equal annual payments for not to exceed five years. The lump sum or annual payments shall be determined by the system's actuary by using the member's final average salary at the time of application, actuarial assumptions and tables currently in use by the system and the member's attained age. No participating employer shall pay all or any part of the cost of service credit purchased by a member under this section. Sec. 5. K.S.A. 72-5501 is hereby amended to read as follows: 72-5501. As used in this act, unless the context otherwise requires: (a) ``Retirement system'' means the state school retirement system; (b) ``board'' means the board of trustees of the Kansas public employees retirement system; (c) ``school year'' means either the twelve-month period beginning on September first, or the legal school term during such period. In case of doubt the board shall decide what constitutes a school year; but it shall not give credit for a school year that represents less than 140 days, except that the board may give credit for a school year if not less than 80 days of actual service has been rendered and if continuance in school service was prevented by illness or other emergency beyond the control of the person entitled to such credit. No person shall receive credit for more than one school year during any twelve-month period beginning on September 1. The board shall give credit for 1/2 of a school year for 1/2 school year of continuous full-time service; (d) ``school employees'' means persons who have performed or who shall hereafter per form school services as classroom teachers, administrators, supervisors, librarians, nurses, clerks, janitors, or in any other full-time capacity in the public schools, area vocationaltechnical schools or community junior colleges of the state of Kansas and who are citizens of the United States and it shall include (1) persons who have performed service as a county superintendent of public instruction or as an employee appointed by and under the super vision of a county superintendent, (2) persons who have performed service as a state su perintendent of public instruction or as an employee appointed by and under supervision of a state superintendent, (3) persons who have performed services as an employee ap pointed by the former state board for vocational education, except that prior to the time of accepting such employment by such county superintendent, state superintendent or state board for vocational education such employees had performed school service in Kansas as a teacher, principal, supervisor, or superintendent, (4) persons who are employees appointed by and under the supervision of the constitutional state board of education, including those employees transferred to the state department of education at its inception in January of 1969, and who prior to the time of accepting such employment by the state board of edu cation had performed school service in Kansas as a teacher, principal, supervisor, or super intendent, (5) the commissioner of education if such commissioner exercises an option to be covered by the state school retirement system in lieu of being covered by the Kansas public employees retirement system, which option shall be exercised by written notice of the commissioner of education at the time of appointment, such notice to be directed to the state school retirement board and the board of trustees of the Kansas public employees retirement system, (6) all instructional employees for the school for the blind and such employees shall be excluded from participation in any other state retirement system, and (7) teachers and supervisors of instruction at the state institutions under the management of the director of penal institutions and those under the management of the state board of social welfare which provide regular classroom instruction for their inmates or patients if April 1, 1997 651 such instructional personnel have valid certificates issued by the state board of education, but excepting such employees who have elected or shall elect at the time of employment by the institution to participate in the Kansas public employees retirement system. The term ``school employees'' shall not include any employee while a member of a separate retirement system operated by any board of education but if any such employee at any time becomes eligible to participate in the state retirement as provided by this act, the years such person served in a school system in Kansas which maintains a separate retirement system shall be included in determining years of service of such person under this act. An employee per forming service in a school system maintaining its own separate retirement system in Kansas may qualify for service credit in the state system by discontinuing membership in such separate retirement system prior to the time of retirement and accepting a position which is covered by the state retirement system, and continuing in such service for at least one school year. Such employee shall contribute to the state retirement system an amount of money equal to that which was deducted from such employee's salary for services rendered after September 1, 1941, in the city maintaining its own retirement system and this amount shall be credited to the savings account of the employee. If such employee was for any reason excluded from participation in the separate retirement system, the board shall give credit for such nonmember service in the public schools in the city maintaining a separate retirement system without the required transfer of funds. After September 1, 1971, no person shall be deemed a school employee for the purposes of this act; (e) ``school service'' means: (1) Service performed as a school employee prior to Sep tember 1, 1941, if such years of service include at least six months during the years 193839 or 1939-40 or 1940-41; service performed by any employee who was not in school service in any of the school years from 1938 to 1941, but who reentered school service after Sep tember 1, 1941, and continued in such service for at least five years; all service prior to September 1, 1941, of any annuitant who retired prior to September 1, 1961, and who was granted a service annuity for one or more years as a contributing member of the school retirement system; all service prior to September 1, 1941, of any employee who served for at least six months during one of the qualifying years from 1938 to 1941 in a school system maintaining its own separate retirement system in Kansas, if such employee has not quali fied, nor will in the future qualify, for retirement benefits under the separate retirement system; all service as a school employee, including out-of-state service as a school employee, for a period of1210 or more years prior to September 1, 1938, except that service annuities paid by the state of Kansas to such school employees shall not include such out-of-state service as a school employee, unless otherwise provided by law; and (2) service as a school employee after September 1, 1941, and prior to age 70 as a contributing member of the school retirement system. No service credit shall be granted to a school employee who established or shall hereafter establish membership later than September 1, 1941, for a period of time between September 1, 1941, and the date of becoming a contributing mem ber of the retirement system. School service shall include only full-time employees, except that 1/2 year of credit shall be given to instructional employees who perform school service on at least a 1/2 time basis throughout a school year. No school service credit shall be given in fractional units of less than 1/2 year. The board may grant service credit to employees, who were performing school service at the time of their induction into the armed forces of the United States, equal to the time spent in the armed forces between September 1, 1940, and September 1, 1947, and between June 25, 1950, and July 27, 1953 and between August 5, 1964, and August 15, 1973, but no such service credit shall be granted for a period of more than five years spent in the armed forces between September 1, 1940, and September 1, 1947, or for a period of more than two years spent in the armed forces between June 25, 1950, and July 27, 1953 or for a period of more than two years spent in the armed forces between August 5, 1964 and August 15, 1973. In the event the employee served during the periods between September 1, 1940, and September 1, 1947, and between June 25, 1950, and July 27, 1953, such employee shall be granted a service credit for the actual time spent in the armed forces between June 25, 1950, and July 27, 1953, nor shall such service credit be granted to any employee unless such employee shall reenter school service and continue in such service for at least one school year. The board may grant service credit to an em ployee who was performing school service prior to the time of becoming employed as a 652 JOURNAL OF THE HOUSE veterans' instructional on-the-farm training instructor equal to the time spent as such in structor between the dates of September 1, 1946, and September 1, 1961. The board may grant service credit to an employee who prior to performing school service was a faculty member of the Kansas vocational school at Topeka, known part of the time as the Kansas technical institute, which operated under the Kansas state board of regents prior to 1956 equal to the time spent as instructor at such school. In case of doubt the board shall decide what constitutes school service; (f) ``school annuitant'' means any person who is entitled to receive a school annuity; (g) ``school annuity'' means the monthly payments due to any school annuitant. Such payments shall continue for life, and be paid in monthly installments; (h) ``service annuity'' means that part of the school annuity which is based upon the service record of the person concerned, and which is paid by the state; (i) ``savings annuity'' means that part of the school annuity which results from the ac cumulated contributions of the school employee and interest thereon less the proportionate share of the expense of the administration of this act; (j) ``disability annuity'' means a school annuity granted to a school employee who suffers such physical or mental disability as to be unable to perform school service; (k) ``standard annuity'' means the school annuity which is granted to a school employee at the age of 65 years, as prescribed by this act; the standard annuity shall be used as the basis in computing actuarially equivalent annuities granted at ages prior to 65 years; (l) ``service record'' means the individual record kept by the board for each school employee. It shall show the number of school years of school service, the salary or wages earned, the date of birth, and such other data as the board may require; (m) ``age'' and ``attained age'' shall be computed as of September 1 of the calendar year under consideration; (n) ``deductions'' means the amounts withheld, as provided in this act, from warrants issued in payment for school services; and (o) ``actuarial computation'' means computation in accordance with some standard ac tuarial table. The board shall determine which one of the standard actuarial tables shall be used. The legal minimum standard for the valuation of annuities shall be McClintock's ``table of mortality among annuitants,'' with interest at 2% per annum. Sec. 6. K.S.A. 1996 Supp. 74-4902 is hereby amended to read as follows: 74-4902. As used in articles 49 and 49a of chapter 74 and amendments thereto, unless otherwise provided or the context otherwise requires: (1) ``Accumulated contributions'' means the sum of all contributions by a member to the system which are credited to the member's account, with interest allowed thereon; (2) ``acts'' means K.S.A. 74-4901 to 74-4929, inclusive, and amendments thereto; (3) ``actuarial equivalent'' means an annuity or benefit of equal value to the accumulated contributions, annuity or benefit, when computed upon the basis of the actuarial tables in use by the system; (4) ``actuarial tables'' means the actuarial tables approved and in use by the board at any given time; (5) ``actuary'' means the actuary or firm of actuaries employed or retained by the board at any given time; (6) ``agent'' means the individual designated by each participating employer through whom system transactions and communication are directed; (7) ``beneficiary'' means any natural person or persons or estate named by a member to receive any benefits as provided for by this act. Designations of beneficiaries by a member who is a member of more than one retirement system made on or after July 1, 1987, shall be the basis of any benefits payable under all systems unless otherwise provided by law. Effective January 1, 1998, a member may designate a beneficiary or beneficiaries for any death benefits payable under the provisions of K.S.A. 74-4927 through 74-4927h, and amendments thereto, which are different from any beneficiary or beneficiaries the member may have designated for any other benefits. Except as otherwise provided by subsection (33) of this section, if there is no named beneficiary living at time of member's death, any benefits provided for by this act shall be paid to: (A) The member's surviving spouse; (B) the member's dependent child or children; (C) the member's dependent parent or parents; April 1, 1997 653 (D) the member's nondependent child or children; (E) the member's nondependent parent or parents; (F) the estate of the deceased member; in the order of preference as specified in this subsection. Any payment made to a named beneficiary shall be a full discharge and release to the system from any further claims. Any payment made to a beneficiary as pro vided in clauses (A), (B), (C), (D), (E) or (F) of this subsection, as determined by the board, shall be a full discharge and release to the system from any further claims. Whenever any payment is payable to more than one beneficiary such payment shall be made to such beneficiaries jointly. Any benefits payable to a beneficiary or beneficiaries who are minor children or incompetent persons shall be made in the name of the beneficiary or benefici aries and delivered to the lawfully appointed conservator of such beneficiaries who was nominated by will or as otherwise provided by law, except that in those cases where the benefit involves only the payment of the member's accumulated contributions with interest as provided by this act in an amount not to exceed $500, the board is hereby authorized in its discretion without the appointment of a conservator or the giving of a bond to pay such amount as is due to the minor or minors themselves, any payment so made shall be a full discharge and release to the system from any further claims; (8) ``board of trustees,'' ``board'' or ``trustees'' means the managing body of the system which is known as the Kansas public employees retirement system board of trustees; (9) ``compensation'' means all salary, wages and other remuneration payable to a mem ber for personal services performed for a participating employer, including maintenance or any allowance in lieu thereof provided a member as part of compensation, but not including reimbursement for travel or moving expenses or on and after July 1, 1994, payment pursuant to an early retirement incentive program made prior to the retirement of the member. Beginning with the employer's fiscal year which begins in calendar year 1991 or for em ployers other than the state of Kansas, beginning with the fiscal year which begins in calendar year 1992, when the compensation of a member who remains in substantially the same position during any two consecutive years of participating service used in calculating final average salary is increased by an amount which exceeds 15%, then the amount of such increase which exceeds 15% shall not be included in compensation, except that (A) any amount of compensation for accumulated sick leave or vacation or annual leave paid to the member, (B) any increase in compensation for any member due to a reclassification or reallocation of such member's position or a reassignment of such member's job classification to a higher range or level and (C) any increase in compensation as provided in any contract entered into prior to January 1, 1991, and still in force on the effective date of this act, pursuant to an early retirement incentive program as provided in K.S.A. 72-5395 et seq. and amendments thereto, shall be included in the amount of compensation of such member used in determining such member's final average salary and shall not be subject to the 15% limitation provided in this subsection. Any contributions by such member on the amount of such increase which exceeds 15% which is not included in compensation shall be returned to the member. Unless otherwise provided by law, beginning with the employer's fiscal year coinciding with or following July 1, 1985, compensation shall include any amounts for tax sheltered annuities or deferred compensation plans. Beginning with the employer's fiscal year which begins in calendar year 1991, compensation shall include amounts under sections 403b, 457 and 125 of the federal internal revenue code of 1986 and, as the board deems appropriate, any other section of the federal internal revenue code of 1986 which defers or excludes amounts from inclusion in income; (10) ``credited service'' means the sum of participating service and prior service and in no event shall credited service include any service which is credited under another retire ment plan authorized under any law of this state; (11) ``dependent'' means a parent or child of a member who is dependent upon the member for at least 1/2 of such parent or child's support; (12) ``effective date'' means the date upon which the system becomes effective by op eration of law; (13) ``eligible employer'' means the state of Kansas, and any county, city, township, special district or any instrumentality of any one or several of the aforementioned or any noncommercial public television or radio station located in this state which receives state funds allocated by the Kansas public broadcasting commission whose employees are covered 654 JOURNAL OF THE HOUSE by social security. If a class or several classes of employees of any above defined employer are not covered by social security, such employer shall be deemed an eligible employer only with respect to such class or those classes of employees who are covered by social security; (14) ``employee'' means any appointed or elective officer or employee of a participating employer whose employment is not seasonal or temporary and whose employment requires at least 1,000 hours of work per year, but not including: (A) Any person covered by or eligible for or who will become eligible for a retirement annuity under the provisions of K.S.A. 74-4925 and amendments thereto except as otherwise specifically provided in sub section (3) of K.S.A. 74-4925 and amendments thereto and this subsection; (B) any employee who is a contributing member of the United States civil service retirement system; (C) any employee of an eligible employer who is a participant in public service employment under title II and title VI of the federal comprehensive employment and training act of 1973; (D) any employee or class of employees specifically exempted by law. After June 30, 1975, no person who is otherwise eligible for membership in the Kansas public employees retirement system shall be barred from such membership by reason of coverage by, eligibility for or future eligibility for a retirement annuity under the provisions of K.S.A. 74-4925 and amend ments thereto, except that no person shall receive service credit under the Kansas public employees retirement system for any period of service for which benefits accrue or are granted under a retirement annuity plan under the provisions of K.S.A. 74-4925 and amend ments thereto. After June 30, 1982, no person who is otherwise eligible for membership in the Kansas public employees retirement system shall be barred from such membership by reason of coverage by, eligibility for or future eligibility for any benefit under another re tirement plan authorized under any law of this state, except that no such person shall receive service credit under the Kansas public employees retirement system for any period of service for which any benefit accrues or is granted under any such retirement plan. Employee shall include persons who are in training at or employed by, or both, a sheltered workshop for the blind operated by the secretary of social and rehabilitation services. The entry date for such persons shall be the beginning of the first pay period of the fiscal year commencing in calendar year 1986. Such persons shall be granted prior service credit in accordance with K.S.A. 74-4913 and amendments thereto. However, such persons classified as home industry employees shall not be covered by the retirement system; (15) ``entry date'' means the date as of which an eligible employer joins the system. The first entry date pursuant to this act is January 1, 1962; (16) ``executive secretary'' means the managing officer of the system employed by the board under this act; (17) ``final average salary'' means in the case of a member who retires prior to January 1, 1977, and in the case of a member who retires after January 1, 1977, and who has less than five years of participating service after January 1, 1967, the average highest annual compensation paid to such member for any five years of the last 10 years of participating service immediately preceding retirement or termination of employment, or in the case of a member who retires on or after January 1, 1977, and who has five or more years of participating service after January 1, 1967, the average highest annual compensation paid to such member on or after January 1, 1967, for any five years of participating service preceding retirement or termination of employment, or, in any case, if participating service is less than five years, then the average annual compensation paid to the member during the full period of participating service, or, in any case, if the member has less than one calendar year of participating service such member's final average salary shall be computed by multiplying such member's highest monthly salary received in that year by 12; in the case of a member who became a member under subsection (3) of K.S.A. 74-4925 and amendments thereto, or who became a member with a participating employer as defined in subsection (3) of K.S.A. 74-4931 and amendments thereto and who elects to have com pensation paid in other than 12 equal installments, such compensation shall be annualized as if the member had elected to receive 12 equal installments for any such periods preceding retirement; in the case of a member who retires after July 1, 1987, the average highest annual compensation paid to such member for any four years of participating service pre ceding retirement or termination of employment; in the case of a member who retires on or after July 1, 1993, who was first hired as an employee, as defined in subsection (14) of April 1, 1997 655 K.S.A. 74-4902 and amendments thereto, prior to July 1, 1993, the average highest annual compensation, as defined in subsection (9), paid to such member for any four years of participating service preceding retirement or termination of employment or the average highest annual salary, as defined in subsection (34), paid to such member for any three years of participating service preceding retirement or termination of employment, whichever is greater; and in the case of a member who retires on or after July 1, 1993, and who is first hired as an employee, as defined in subsection (14) of K.S.A. 74-4902 and amendments thereto, on or after July 1, 1993, the average highest annual salary, as defined in subsection (34), paid to such member for any three years of participating service preceding retirement or termination of employment. Final average salary shall not include any purchase of par ticipating service credit by a member as provided in subsection (2) of K.S.A. 74-4919h and amendments thereto which is completed within five years of retirement. For any application to purchase or repurchase service credit for a certain period of service as provided by law received by the system after May 17, 1994, for any member who will have contributions deducted from such member's compensation at a percentage rate equal to two or three times the employee's rate of contribution or will begin paying to the system a lump-sum amount for such member's purchase or repurchase and such deductions or lump-sum pay ment commences after the commencement of the first payroll period in the third quarter, ``final average salary'' shall not include any amount of compensation or salary which is based on such member's purchase or repurchase. Any application to purchase or repurchase mul tiple periods of service shall be treated as multiple applications. For purposes of this sub section, the date that such member is first hired as an employee for members who are employees of employers that elected to participate in the system on or after January 1, 1994, shall be the date that such employee's employer elected to participate in the system; (18) ``fiscal year'' means, for the Kansas public employees retirement system, the period commencing July 1 of any year and ending June 30 of the next; (19) ``Kansas public employees retirement fund'' means the fund created by this act for payment of expenses and benefits under the system and referred to as the fund; (20) ``leave of absence'' means a period of absence from employment without pay, au thorized and approved by the employer, and which after the effective date does not exceed one year; (21) ``member'' means an eligible employee who is in the system and is making the required employee contributions, or; any former employee who has made the required contributions to the system and has not received a refund, if such member is within five years of their termination of employment with a participating employer; or any former employee who has made the required contributions to the system, has not received a refund and has been granted a vested benefit; (22) ``military service'' means service in the armed forces of the United States or in the commissioned corps of the United States public health service, which service is immediately preceded by a period of employment as an employee or by the entering into of an employ ment contract with a participating employer and is followed by return to employment as an employee with the same or another participating employer within 12 months immediately following discharge from such military service, except that if the board determines that such return within 12 months was made impossible by reason of a service-connected disability, the period within which the employee must return to employment with a participating employer shall be extended not more than two years from the date of discharge or separation from military service; (23) ``normal retirement date'' means the date on or after which a member may retire with full retirement benefits pursuant to K.S.A. 74-4914 and amendments thereto; (24) ``participating employer'' means an eligible employer who has agreed to make con tributions to the system on behalf of its employees; (25) ``participating service'' means the period of employment after the entry date for which credit is granted a member; (26) ``prior service'' means the period of employment of a member prior tosuch mem ber'sthe entry date for which credit is granted a member under this act; (27) ``prior service annual salary'' means the highest annual salary, not including any amounts received as payment for overtime or as reimbursement for travel or moving ex 656 JOURNAL OF THE HOUSE pense, received for personal services by the member from the current employer in any one of the three calendar years immediately preceding January 1, 1962, or the entry date of the employer, whichever is later, except that if a member entered the employment of the state during the calendar year 1961, the prior service annual salary shall be computed by multi plying such member's highest monthly salary received in that year by 12; (28) ``retirant'' means a member who has retired under this system; (29) ``retirement benefit'' means a monthly income or the actuarial equivalent thereof paid in such manner as specified by the member pursuant to this act or as otherwise allowed to be paid at the discretion of the board, with benefits accruing from the first day of the month coinciding with or following retirement and ending on the last day of the month in which death occurs. Upon proper identification a surviving spouse may negotiate the warrant issued in the name of the retirant; (30) ``retirement system'' or ``system'' means the Kansas public employees retirement system as established by this act and as it may be amended; (31) ``social security'' means the old age, survivors and disability insurance section of the federal social security act; (32) ``total disability'' means a physical or mental disability which prevents the member from engaging, for remuneration or profit, in any occupation for which the member is reasonably suited by education, training or experience; (33) ``trust'' means an express trust, created by a trust instrument, including a will, designated by a member to receive payment of the insured death benefit under K.S.A. 744927 and amendments thereto and payment of the member's accumulated contributions under subsection (1) of K.S.A. 74-4916 and amendments thereto. A designation of a trust shall be filed with the board. If there is a designated trust at the time of the member's death, the insured death benefit for the member under K.S.A. 74-4927 and amendments thereto and the member's accumulated contributions under subsection (1) of K.S.A. 744916 and amendments thereto shall be paid to the trust in lieu of the member's beneficiary. If no will is admitted to probate within six months after the death of the member or no trustee qualifies within such six months or if the designated trust fails, for any reason what soever, the insured death benefit under K.S.A. 74-4927 and amendments thereto and the member's accumulated contributions under subsection (1) of K.S.A. 74-4916 and amend ments thereto shall be paid in accordance with the provisions of subsection (7) of this section as in other cases where there is no named beneficiary living at the time of the member's death and any payments so made shall be a full discharge and release to the system from any further claims; and (34) ``salary'' means all salary and wages payable to a member for personal services performed for a participating employer, including maintenance or any allowance in lieu thereof provided a member as part of salary. Salary shall not include reimbursement for travel or moving expenses, payment for accumulated sick leave or vacation or annual leave, severance pay or any other payments to the member determined by the board to not be payments for personal services performed for a participating employer constituting salary or on and after July 1, 1994, payment pursuant to an early retirement incentive program made prior to the retirement of the member. When the salary of a member who remains in substantially the same position during any two consecutive years of participating service used in calculating final average salary is increased by an amount which exceeds 15%, then the amount of such increase which exceeds 15% shall not be included in salary. Any con tributions by such member on the amount of such increase which exceeds 15% which is not included in compensation shall be returned to the member. Unless otherwise provided by law, salary shall include any amounts for tax sheltered annuities or deferred compensation plans. Salary shall include amounts under sections 403b, 457 and 125 of the federal internal revenue code of 1986 and, as the board deems appropriate, any other section of the federal internal revenue code of 1986 which defers or excludes amounts from inclusion in income. In any case, if participating service is less than three years, then the average annual salary paid to the member during the full period of participating service, or, in any case, if the member has less than one calendar year of participating service such member's final average salary shall be computed by multiplying such member's highest monthly salary received in that year by 12. April 1, 1997 657 Sec. 7. K.S.A. 1996 Supp. 74-4904 is hereby amended to read as follows: 74-4904. (1) The system may sue and be sued in its official name, but its trustees, officers, employees and agents shall not be personally liable for acts of the system unless such person acted with willful, wanton or fraudulent misconduct or intentionally tortious conduct. Any agreement in settlement of litigation involving the system and the investment of moneys of the fund is a public record as provided in K.S.A. 45-215 et seq. and amendments thereto and subject to the provisions of that act. The service of all legal process and of all notices which may be required to be in writing, whether legal proceedings or otherwise, shall be had on the executive secretary at such executive secretary's office. All actions or proceedings directly or indirectly against the system shall be brought in Shawnee county. (2) Any person aggrieved by any order or decision of the board made without a hearing, may, within 30 days after notice of the order or decision of the board make written request to the board for a hearing thereon. The board shall hear such party or parties in accordance with the provisions of the Kansas administrative procedure act at its next regular meeting or at a special meeting within 60 days after receipt of such request. For the purpose of any hearing under this section, the board may appoint one or more presiding officers. Any such presiding officer shall be a member of the boardor, an employee of the board or any other person designated by the board to serve as such presiding officer. Any such appointment shall apply to a particular hearing or to a set or class of hearings as specified by the board in making such appointment. The board shall review an initial order resulting from a hearing under this section. Any member of the board who serves as a presiding officer shall be reimbursed for actual and necessary expenses and shall receive compensation in an amount fixed by the board not to exceed the per diem compensation allowable for members of the board. The board is hereby authorized to enter into a contract with any other person des ignated by the board to serve as a presiding officer who is not a member of the board to provide for reimbursement for actual and necessary expenses and compensation for such person serving as a presiding officer. Sec. 8. K.S.A. 1996 Supp. 74-4908 is hereby amended to read as follows: 74-4908. (1) The board shall appoint an executive secretary and shall establish the compensation therefor. Subject to the direction of the board, the executive secretary shall be the managing officer of the system and as such shall have charge of the office, records and supervision and direction of the employees of the system. The executive secretary shall be in the unclassified service under the Kansas civil service act. (2) The executive secretary shall recommend to the board the administrative organi zation, the number and qualifications of employees necessary to carry out the intent of this act and the directions of the board. Upon approval of the board, the executive secretary is authorized to employ such persons in accordance with the Kansas civil service act. (3) The board of trustees shall select and employ or retain a qualified actuary who shall serve at its pleasure as its technical advisor on matters regarding operation of the system. The actuary shall: (a) Make an annual valuation of the liabilities and reserves of the system, and a deter mination of the contributions required by the system to discharge its liabilities and admin istrative costs under this act, and recommend to the board rates of employer contributions required to establish and maintain the system on an actuarial reserve basis. Such recom mended employer contributions shall not be based on any other purpose outside of the needs of the system as prescribed by this subsection. (b) As soon after the effective date as practicable and once every three years thereafter, make a general investigation of the actuarial experience under the system including mor tality, retirement, employment turnover and interest, and recommend actuarial tables for use in valuations and in calculating actuarial equivalent values based on such investigation. (c) Cooperate with and provide any assistance to the actuary, the legislative coordinating council and the joint committee on pensions, investments and benefits related to the in dependent actuarial audit and evaluation as provided in K.S.A. 1996 Supp. 74-4908a and amendments thereto. (d) Perform such other duties as may be assigned by the board. 658 JOURNAL OF THE HOUSE (4) The attorney general of the state shall furnish such legal services as may be necessary upon receipt of a request from the board, except that legal services may be furnished by other counsel as the board in its discretion deems necessary and prudent. (5) The board shall employ or retain qualified investment counsel or counselors or may negotiate with a trust company to assist and advise in the judicious investment of funds as herein provided. (6) The board may appoint a deputy executive secretary, an investment officer, an in vestment analyst, a real estate manager, a direct placement manager, a chief fiscal officer, a member services officer, an attorney, an assistant investment officer and an information resource officer to advise and assist the board in the performance of powers, duties and functions relating to the management and investment of the fund and in such other matters as may be directed by the board. Such appointed officers and employees shall be in the unclassified service under the Kansas civil service act. The compensation of such appointed officers and employees shall be established by the board. Sec. 9. K.S.A. 1996 Supp. 74-4910 is hereby amended to read as follows: 74-4910. (1) An eligible employer may join the system on January 1 of any year. Application for affiliation shall be in the form of a resolution approved by the governing or legislative body of the eligible employer or by any other body or officer authorized by law or recognized by the board to approve the action. No city or township shall become a participating employer except by the adoption of a resolution therefor, which shall be published once in the official city or township newspaper or, if there is none, in a newspaper of general circulation in the city or county. No such resolution shall take effect until 60 days after its final publication. If within 60 days of its final publication a petition signed by electors equal in number to not less than 10% of the electors who voted at the last preceding regular election in the township, in the case of townships, the last regular city election in the city, in the case of cities is filed in the office of the clerk of such city, or township demanding that such resolution be sub mitted to a vote of the electors, the resolution shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon. A 2/3 vote of the members-elect of the governing body shall be necessary for the affiliation of any eligible employer other than a city or township. An application for affiliation with the system shall be filed with the board not later than 30 days prior to the date participation is to begin, except as such time limit may be extended by the board. Upon the filing of a certified copy of such resolutions with the board an election pursuant to this section shall be irrevocable, and the employer shall become a participating employer on January 1 of the year immedi ately following the filing of such election with the board. (2) The state of Kansas in its capacity as an eligible employer, shall become, by operation of law, a participating employer on the first entry date. The Kansas turnpike authority shall not become a participating employer nor shall its officers or employees be covered by the retirement system until such time as its governing body by a 2/3 vote of the members of such governing body adopts a resolution for affiliation and files the same in the same manner and on the same conditions as in the case of an eligible employer other than a city or township. (3) If a participating employer is paying or has paid the salary or other compensation of the judge, clerk or any other employee, whether elective or appointive, such judge, clerk or other employee of such court or courts, whether elective or appointive, shall be deemed an employee of the participating employer. Such employee shall be governed by the pro visions governing other eligible employees of such participating employer. Any participating employer which has not heretofore included such employees as eligible employees under the retirement system shall on the first day of the month coinciding with or following the effective date of this act include such employees if otherwise eligible as eligible employees under the retirement system. Such employees, whether elective or appointive, if employed on the employer's entry date may elect to pay forthwith the employee contributions from the employer's entry date and thereby be governed by the provisions governing other em ployees employed by the participating employer on entry date except that no such employee shall be considered to be new employees on the first day of the month coinciding with or following the effective date of this act and commence making employee contributions in compliance with other provisions governing the retirement system and the participating April 1, 1997 659 employer shall make the employer contributions in accordance with the alternative elected by the employee and other provisions governing the retirement system. (4) Any employer whose employees are covered by social security and who otherwise do not meet the provisions of subsection (13) of K.S.A. 74-4902 and amendments thereto may elect to affiliate under this section upon meeting the definition of a governmental entity or instrumentality as determined by the system. If, subsequent to such determination, the United States internal revenue service determines that such employer does not meet the definition of a governmental entity or instrumentality, such affiliation shall be null and void and all employee accrued rights associated with such affiliation shall be null and void and the system shall refund such amounts presently credited to each employee's account and an equivalent amount to the employer for each employee. The provisions of this subsection shall apply to current and future participating employers. (5) For affiliations on and after January 1, 1998, any eligible employer, prior to the filing of an application for affiliation under this system, shall request the board of trustees to submit a proposal for such affiliation including an estimate of the employer's contribution rate necessary to comply with the actuarial standard of this system. Such eligible employer shall furnish all necessary data from which such proposal is prepared, and shall pay all costs involved. Sec. 10. K.S.A. 1996 Supp. 74-4911f is hereby amended to read as follows: 74-4911f. (a) Subject to procedures or limitations prescribed by the governor, any state officer may elect to not become a member of the system. (b) (1) Any such state officer described in subsection (a) who is a member of the Kansas public employees retirement system, on or after the effective date of this act, may elect to not be a member by filing an election with the office of the retirement system. Each state officer filing such election may withdraw the state officer's accumulated contributions then on deposit with the system in the same manner as prescribed in K.S.A. 74-4917 and amend ments thereto for employees upon termination. (2) Any state officer who has filed an election and received a refund of contributions shall be entitled to again become a member of the system upon the filing of proper notice in such form as prescribed by the system and upon the making of a single lump-sum payment inanthe amountequal to all withdrawn contributions, plus interest at a rate specified by the systemdetermined by the actuary using the member's attained age and the actuarial assumptions and tables currently in use by the system. Any person may make any such purchase as described in this section at an additional rate of contribution, in addition to the employee's contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. In no case shall the additional credit so granted be greater than the total participating service forfeited on the earlier withdrawal of contributions. Such contribution rates shall not remain in effect longer than the period for which additional participating service credit may be granted. (c) Subject to limitations prescribed by the secretary of administration, the state agency employing any employee who has filed an election as provided under subsection (a) or (b) and who has entered into an employee participation agreement, as provided in K.S.A. 755524 and amendments thereto for deferred compensation pursuant to the Kansas public employees deferred compensation plan shall contribute to such plan on such employee's behalf an amount equal to 8% of the employee's salary, as such salary has been approved pursuant to K.S.A. 75-2935b and amendments thereto or as otherwise prescribed by law, except that for a state officer who is a member of the legislature, the state agency shall contribute 8% of any amounts payable because the employee is a member of the legislature in accordance with any statute, providing payments for such member of the legislature, but not including any payment for mileage allowance. (d) As used in this section and K.S.A. 74-4927k and amendments thereto, ``state officer'' means the secretary of administration, secretary on aging, secretary of commerce and hous ing, secretary of corrections, secretary of health and environment, secretary of human re 660 JOURNAL OF THE HOUSE sources, secretary of revenue, secretary of social and rehabilitation services, secretary of transportation, secretary of wildlife and parks, superintendent of the Kansas highway patrol, secretary of agriculture, state grain inspector, executive director of the Kansas lottery, ex ecutive director of the Kansas racing commission, president of the Kansas development finance authority, state fire marshal, state librarian, securities commissioner, adjutant gen eral, members of the state board of tax appeals, members of the Kansas parole board, members of the state corporation commission, any unclassified employee on the staff of officers of both houses of the legislature, any unclassified employee appointed to the gov ernor's or lieutenant governor's staffand, any person employed by the legislative branch of the state of Kansas, other than any such person receiving service credited under the Kansas public employees retirement system or any other retirement system of the state of Kansas therefor, who elected to be covered by the provisions of this section as provided in subsection (e) of K.S.A. 46-1302 and amendments thereto or who is first employed on or after July 1, 1996, by the legislative branch of the state of Kansas and any member of the legislature. (e) The provisions of this section shall not apply to any state officer who has elected to remain eligible for assistance by the state board of regents as provided in subsection (a) of K.S.A. 74-4925 and amendments thereto. Sec. 11. K.S.A. 1996 Supp. 74-4913 is hereby amended to read as follows: 74-4913. (1) Prior service shall be credited as follows: (a) A member shall receive full credit for continuous employment prior to the entry date with such member's employer on the entry date. If the employee was also employed on March 15, 1961, by the employer who is the employee's employer on the employee's entry dateof the year immediately preceding the entry date of that employer, then all such previous employment, whether or not continuous, shall be credited; otherwise no credit shall be granted for employment prior to a break in continuous employment. Any member or retirantwho has been credited with prior service as hereinbefore provided andwho was employed by any participating employer on March 15, 1961of the year immediately pre ceding the entry date of that employer, may apply to the board on such forms as it may prescribe for prior service credit with a participating employer other than the member's entry date employer. Upon receipt of written verification of such employment from the participating employer, the boardmayshall grant such additional prior service credit and with respect to a retirant, shall adjust the amount of the retirement benefit accordingly commencing with the next monthly benefit payment due following receipt of the written verification, except that such retirant shall not be entitled to any retroactive adjustment in the amount of such retirement benefit as a result of the board granting such additional prior service credit. In the case of any person other than a retirant receiving a retirement benefit, such person may make application for an adjustment in the benefit amount in the same manner as a member or retirant, and in such case the adjustment in the benefit amount shall be determined by the board upon the advice of the actuary, and shall commence with the next monthly benefit payment due following receipt of the written verification; (b) leaves of absence and military service shall not be counted as breaks in continuous employment; however, military service which is immediately preceded and followed by employment with a participating employer shall be credited, except that after July 1, 1974, not more than five years' credit for military service shall be granted hereunder, but leaves of absence shall not be credited; (c) any member who was employed in the Kansas state employment service, now a section of the Kansas division of employment security, during any of the time the Kansas state employment service was loaned by the state to the federal government (January 1, 1942, for the duration of the emergency period of world war II, which service was returned to the state by the federal government effective November 16, 1946) shall be entitled to prior service credit for the time so employed during the period stated for any service ren dered under the jurisdiction of the United States employment service for the federal gov ernment in like manner as if the employment service had remained under the jurisdiction of the state of Kansas; (d) any member who is not otherwise eligible for service credit as provided for in sub section (1)(a) may be granted credit for the service upon the attainment of 38 quarters of participating service; April 1, 1997 661 (e) any member who was employed by the university of Wichita prior to July 1, 1964, shall be entitled to prior service credit for such time of employment under the Kansas public employees retirement system, when such employment is not the basis for other pension rights. (2) Participating service shall be credited as follows: (a) A member shall receive credit for participating service with a participating employer in accordance with the rules and regulations established by the board of trustees, except that no more than one calendar quarter of participating service shall be credited for any employment within any one calendar quarter; (b) leaves of absence and military service shall not count as a break in continuous em ployment provided the member leaves such member's accumulated contribution on deposit with the fund; however, the period of military service shall be credited, except that after July 1, 1974, not more than five years' credit for military service shall be granted hereunder, but leaves of absence shall not be credited. Employees who enter the military service from their employment after the employer's entry date and who have not completed one year of service at the time of their entry into the military service, shall not become members of the retirement system until they return to the employment of that participating employer. In the case of such employee whose combined public employment and military service does not equal one year at the time of such employee's return to employment, the date of mem bership shall be the first day of the payroll period coinciding with or following the completion of one combined public employment and military year of service. Such service shall be granted in accordance with this section; (c) a period of retirement under the system or a period of total disability, immediately followed by employment with a participating employer, shall not count as a break in con tinuous employment, except that such periods while not employed shall not be credited as participating service; (d) termination of employment, followed by employment with a participating employer within five years after such termination, does not constitute a break in continuous employ ment if such person has not withdrawn such person's accumulated contribution. Such period while not employed shall not be credited as participating service. (3) In determining the number of years of credited prior service or participating service a fractional year of six months or more shall be considered as one year and a fractional year of less than six months shall be disregarded. Sec. 12. K.S.A. 1996 Supp. 74-4914 is hereby amended to read as follows: 74-4914. (1) The normal retirement date for a member of the system shall be the first day of the month coinciding with or following the attainment of age 65 or, commencing July 1, 1986, age 65 or age 60 with the completion of 35 years of credited service or at any age with the com pletion of 40 years of credited service, or commencing July 1, 1993, any alternative normal retirement date already prescribed by law or age 62 with the completion of 10 years of credited service or the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the member is equal to or more than 85. In no event shall a normal retirement date for a member be before six months after the entry date of the participating employer by whom such member is employed. A member may retire on the normal retirement date or on the first day of any month thereafter upon the filing with the office of the retirement system of an application in such form and manner as the board shall prescribe. Nothing herein shall prevent any person, member or retirant from being employed, appointed or elected as an employee, appointee, officer or member of the legislature. Elected officers may retire from the system on any date on or after the attainment of the normal retirement date, but no retirement benefits payable under this act shall be paid until the member has terminated such member's office. (2) No retirant shall make contributions to the system or receive service credit for any service after the date of retirement. (3) Any member who is an employee of an affiliating employer pursuant to K.S.A. 744954b and amendments thereto and has not withdrawn such member's accumulated con tributions from the Kansas police and firemen's retirement system may retire before such 662 JOURNAL OF THE HOUSE member's normal retirement date on the first day of any month coinciding with or following the attainment of age 55. (4) Any member may retire before such member's normal retirement date on the first day of any month coinciding with or following the attainment of age 55 with the completion of 10 years of credited service, but in no event before six months after the entry date, upon the filing with the office of the retirement system of an application for retirement in such form and manner as the board shall prescribe. (5) If a retirant who retired on or after July 1, 1988, is employed or appointed in or to any position or office for which compensation for service is paid, during calendar years 1988 through 1990, in an amount equal to $6,000 or more in any one such calendar year; during calendar year 1991, in an amount equal to $9,720 or more; during calendar year 1992, in an amount equal to $10,200 or more; during calendar year 1993, in an amount equal to $10,560 or more; during calendar year 1994, in an amount equal to $11,160 or more; or during calendar year 1995 and all calendar years thereafter,during calendar year 1997, in an amount equal to$11,280$13,500 or morein any one such calendar year; during calendar year 1998, in an amount equal to $14,500 or more; during calendar year 1999, in an amount equal to $15,500 or more; during calendar year 2000, in an amount equal to $17,000 or more; during calendar year 2001, in an amount equal to $25,000 or more; or during calendar year 2002, in an amount equal to $30,000 or more, by any participating employer for which such retirant was employed or appointed during the final two years of such retirant's par ticipation, such retirant shall not receive any retirement benefit for any month for which such retirant serves in such position or office. The participating employer shall report to the system within 30 days of when the compensation paid to the retirant is equal to or exceeds any limitation provided by this section. Any retirant employed by a participating employer shall not make contributions nor receive additional credit under such system for such service except as provided by this section. Upon request of the executive secretary of the system, the secretary of revenue shall provide such information as may be needed by the executive secretary to carry out the provisions of this act. The provisions of this subsection shall not apply to retirants employed as substitute teachers or officers, employees, appointees or members of the legislature or any other elected officials. (6) For purposes of this section, any employee of a local governmental unit which has its own pension plan who becomes an employee of a participating employer as a result of a merger or consolidation of services provided by local governmental units, which occurred on January 1, 1994, may count service with such local governmental unit in determining whether such employee has met the years of credited service requirements contained in this section. Sec. 13. K.S.A. 1996 Supp. 74-4914e is hereby amended to read as follows: 74-4914e. (1) As used in this section: (a) ``Correctional employee'' means any member of the system who is a security officer or other employee of the department of corrections and who is in a position for which the duties and responsibilities involve regular contact with inmates as certified by the secretary of corrections; (b) ``disability'' means the total inability to perform permanently the duties of the po sition of a correctional employee in which the correctional employee was employed at the time of disability; (c) ``service-connected'' means any physical or mental disability resulting from external force, violence or disease occasioned by an act of duty as a correctional employee and includes, for any correctional employee after five years of credited service, any death or disability resulting from a heart disease or disease of the lung or respiratory tract, except that in the event that the correctional employee ceases to be a contributing member except by reason of a service-connected disability for a period of six months or more and then again becomes a contributing member the provision relating to death or disability resulting from a heart disease or disease of the lung or respiratory tract shall not apply until such correc tional employee has again become a contributing member for a period of not less than two years or unless clear and precise evidence is presented that the heart disease or disease of the lung or respiratory tract was in fact occasioned by an act of duty as a correctional employee; and April 1, 1997 663 (d) ``final average salary'' means the average highest annual compensation paid to a correctional employee for any three of the last five years of participating service immediately preceding the date of disability, or if participating service is less than three years, then the average annual compensation paid to the correctional employee during the full period of participating service or if a correctional employee has less than one calendar year of partic ipating service the correctional employee's final average salary shall be computed by mul tiplying the correctional employee's highest monthly salary received in that year by 12. (2) If any active contributing correctional employee becomes totally and permanently disabled due to service-connected causes as defined in subsection (1), such correctional employee shall be retired and the following benefits shall become payable and shall continue until the correctional employee's death or until the correctional employee recovers from the disability if a report of the event in a form acceptable to the board is filed in the office of the executive secretary of the board within 220 days after the date of the event or act of duty causing such disability and an application for such benefit, in such form and manner as the board shall prescribe, is filed by the correctional employee or the correctional em ployee's authorized representative in the office of the executive secretary of the board within two years of the date of disability: (a) The correctional employee shall receive a retirement benefit equal to 50% of the correctional employee's final average salary. Such benefit shall accrue from the day upon which the correctional employee ceases to draw compensation. (b) Each of the correctional employee's unmarried children under the age of 18 years or each of the correctional employee's children under the age of 23 years who are full-time students as provided in K.S.A. 74-49,117 and amendments thereto shall receive an annual benefit equal to 10% of the correctional employee's final average salary. Such benefit shall accrue from the day upon which the correctional employee ceases to draw compensation and shall end on the first day of the month in which each such child or children attains the age of 18 years, die or marry, whichever occurs earlier or in which each such child or children attains the age of 23 years, if such child or children are full-time students as provided in K.S.A. 74-49,117 and amendments thereto. (c) In no case shall the total benefits payable under paragraphs (a) and (b) of this subsection (2) be in excess of 75% of the correctional employee's final average salary. (d) In the event a correctional employee who is retired under paragraph (a) of this subsection (2), dies within two years after the date of such retirement, then benefits may be payable under subsection (2) of K.S.A. 74-4916 and amendments thereto. (e) In the event a correctional employee who is retired under paragraph (a) of this subsection (2), dies more than two years after the date of such retirement, and the proximate cause of such death is the service-connected cause from which the disability resulted, then benefits may be payable under subsection (2) of K.S.A. 74-4916 and amendments thereto. (f) In the event a correctional employee who is retired under subsection (2) dies after the date of retirement and no benefits are payable under paragraphs (d) and (e) the following benefits shall be payable: (i) To the correctional employee's spouse, if lawfully wedded to the correctional employee at the time of the correctional employee's death, a lump-sum benefit equal to 50% of the correctional employee's final average salary at the time of the correctional employee's re tirement. (ii) To the correctional employee's spouse, if lawfully wedded to the correctional em ployee at the time of the correctional employee's death, an annual benefit equal to 50% of the correctional employee's retirement benefit payable in monthly installments, to accrue from the first day of the month following the correctional employee's date of death and ending on the first day of the month in which the spouse dies. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the annual spouse's benefit shall be payable in equal shares to such children and each child's share shall end on the first day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. 664 JOURNAL OF THE HOUSE The provisions of this subsection shall apply in all cases of such correctional employees who die after October 1, 1996. (3) If any correctional employee who is an active contributing member prior to such correctional employee's normal retirement becomes totally and permanently disabled for a period of 180 days from causes not service-connected, and not as the result of a willfully negligent or intentional act of the correctional employee, such correctional employee shall be retired and the following benefit shall become payable and shall continue until the cor rectional employee's death or until the correctional employee recovers from such disability whichever occurs first if a report of the disability in a form acceptable to the board is filed in the office of the executive secretary of the board within 220 days after the date of the commencement of such disability and if an application for such benefit in such form and manner as the board shall prescribe is filed in the office of the executive secretary of the board within two years of the date of disability: A retirement benefit equal to 2% of the correctional employee's final average salary multiplied by the number of years of credited service, except that such retirement benefit shall be at least equal to 25% of the member's final average salary but not to exceed the amount of the retirement benefit provided in paragraph (a) of subsection (2). Such benefit shall not become payable until satisfactory evidence is presented to the board that the correctional employee is and has been for a period of 180 days totally and permanently disabled, but benefits shall accrue from the day upon which the correctional employee ceases to draw compensation. (4) Any correctional employee who is employed for compensation by an employer other than the department of corrections and whose disability is incurred in the course of such other employment shall not be eligible for any of the benefits provided in subsection (3). (5) If a correctional employee becomes totally and permanently disabled and no benefits are payable under subsections (2) or (3), the sum of the correctional employee's accumulated contributions shall be paid to the correctional employee. (6) Any correctional employee receiving benefits under this section shall submit to med ical examination, not oftener than annually, by one or more physicians or any other practi tioners of the healing arts holding a valid license issued by Kansas state board of healing arts, as the board of trustees may direct. If upon such medical examination the examiners report to the board that the retirant is physically able and capable of resuming employment with the participating employer from whose employment the correctional employee retired, the disability benefits shall terminate. A retirant who has been receiving benefits under the provisions of this section and who returns to employment of a participating employer shall immediately commence accruing service credit which shall be added to that which has been accrued by virtue of previous service. (7) Any retirant who has been receiving benefits under the provisions of this section for a period of five years shall be deemed finally retired and shall not be subject to further medical examinations, except that if the board of trustees shall have reasonable grounds to question whether the retirant remains totally and permanently disabled, a further medical examination or examinations may be required. (8) Refusal or neglect to submit to examination as provided in subsection (6) shall be sufficient cause for suspending or discontinuing benefit payments under this section and if such refusal or neglect shall continue for a period of one year, the correctional employee's rights in and to all benefits under the system may be revoked by the board. (9) Any retirement benefits payable under the provisions of this section shall be in lieu of all other benefits under the system. (10) Each correctional employee shall report to such member's participating employer any event or act of duty causing disability within 200 days after such event or act of duty. The department of corrections shall file in the office of the executive secretary of the board, in a form acceptable to the board, a report of the event or act of duty causing disability within 220 days after the event or act of duty. (11) Benefits payable under this section shall be reduced by the original amount of any disability benefits received under the federal social security act or the workers compensation act. For any correctional employee already retired on the effective date of this act, no reduction of the original social security benefits shall be applicable to benefits paid prior to April 1, 1997 665 the effective date of this act. In no case shall a correctional employee who is entitled to receive benefits under this section receive less than $100 per month. (12) The provisions of this section shall apply to disabilities occurring after June 30, 1982, and prior to July 1, 1995. At the direction of the board of trustees, the actuary shall conduct an experience evaluation of benefits payable under this section and the board shall provide copies of such study to the governor and members of the legislature. (13) The provisions of K.S.A. 74-4927 and amendments thereto relating to insured dis ability benefits shall not be applicable to correctional employees subject to the provisions of this section. (14) In the event a correctional employee who is retired under subsection (3) dies after the date of retirement and no benefits are payable under that subsection, the following benefits shall be payable; (i) To the correctional employee's spouse, if lawfully wedded to the correctional employee at the time of the correctional employee's death, a lump-sum benefit equal to 50% of the correctional employee's final average salary at the time of the correctional employee's re tirement. (ii) To the correctional employee's spouse, if lawfully wedded to the correctional em ployee at the time of the correctional employee's death, an annual benefit equal to 50% of the correctional employee's retirement benefit payable in monthly installments, to accrue from the first day of the month following the correctional employee's date of death and ending on the first day of the month in which the spouse dies. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto, the annual spouse's benefit shall be payable in equal shares to such children and each child's share shall end on the first day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117, and amendments thereto. The provisions of this subsection shall apply in all cases of such correctional employees who die after October 1, 1996. Sec. 14. K.S.A. 1996 Supp. 74-4919a is hereby amended to read as follows: 74-4919a. (1) An employee of a participating employer who becomes a member as provided in K.S.A. 74-4911 and amendments thereto, after completion of one year of continuous employment as therein provided may purchase participating service credit for such year of employment by making application therefor. Such application and payment may be made at any time after the employee becomes a member and continues to be employed by a participating employer. Any member of the system who has not retired may purchase such service credit by paying the then present value of the retirement benefits based on such service by means of a single lump sum payment in the amount determined by the actuary using the member's attained age and the actuarial assumptions and tables currently in use by this retirement system. If an employee was employed before the participating employer's entry date and did not become a member until the first day of the month or the first day of the first payroll period, whichever is applicable, coinciding with or following the completion of one year continuous employment, the member may purchase participating service credit for the pe riod from the participating employer's entry date until such member became a member by paying to the system the then present value of the retirement benefits based on such service by means of a single lump sum payment in the amount determined by the actuary using the member's attained age and the actuarial assumptions and tables currently in use by this retirement system. Notwithstanding any other provision of this subsection, if an employee purchases such participating service credit within 12 months of such employee's membership in the system, such employee may purchase such participating service credit by making application there for and paying to the system a lump sum amount equivalent to 4% of the compensation paid to such member for personal services during such period. If an employee was employed for a partial year after the participating employer's entry date and did not become a member at that time, but became a member at a later date, the member may purchase participating service credit for such partial year of employment by paying the then present value of the 666 JOURNAL OF THE HOUSE retirement benefits based on such service by means of a single lump sum payment in the amount determined by the actuary using the member's attained age and the actuarial as sumptions and tables currently in use by this retirement system. (2) Any employee of the state of Kansas who was receiving or was eligible for assistance by the state board of regents in the purchase of a retirement annuity under K.S.A. 74-4925 and amendments thereto, and who became ineligible for such assistance prior to the effec tive date of this act because such employee's position was reclassified to a position in the classified service under the Kansas civil service act, or who became ineligible for such assistance because such person accepted and transferred to a position in the classified service under the Kansas civil service act, and who becomes a member of the system on the first day of the payroll period coinciding with or following the effective date of this act in accor dance with subsection (5) of K.S.A. 74-4911 and amendments thereto, may purchase par ticipating service credit for the period of employment from the effective date of such re classification or transfer to the date of such employee's membership in the system. Such employee may purchase such participating service credit by making application therefor and paying to the system a lump-sum amount equivalent to 4% of the compensation paid to such member for personal services during such period by the state of Kansas or as provided in subsection (3). Such application and payment may be made at any time after the employee becomes a member and continues to be employed by a participating employer. (3) Except as otherwise provided in this subsection, any member of the retirement system may purchase participating service credit for employment service as described in this section, if first commenced prior to January 1, 1996, by electing to effect such purchase by means of having employee contributions as provided in K.S.A. 74-4919 and amendments thereto deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amend ments thereto for such periods of service, in lieu of a lump-sum amount as provided in this section. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assump tions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Notwithstanding any other provision of this subsection, any member of the retirement system, within 12 months of such member's membership date in the system, may purchase participating service credit for employment service as described in this section, by electing to effect such purchase by means of having employee contributions as provided in K.S.A. 74-4919, and amendments thereto, deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4910, and amend ments thereto, for such periods of service, in lieu of a lump sum amount as provided in this section. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Such purchase must be completed within 24 months of such membership date in the system. Sec. 15. K.S.A. 1996 Supp. 74-4919c is hereby amended to read as follows: 74-4919c. Except as otherwise provided in this section, any such member having previously lost credit for periods of participating service, because of termination of employment and withdrawal of contributions, if first commenced prior to January 1, 1996, may elect in writing to such member's participating employer and the retirement system to have member contributions deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amend ments thereto for such periods of service. Such election may be made at any time prior to retirementand the attainment of age 70and shall commence on the first day of the payroll period for which compensation shall be paid in the employer's quarterly reporting period coinciding with or following such election. Any member making such an election shall re April 1, 1997 667 ceive credit for one additional quarter of participating service credit for each quarter during which the contribution rate at a percentage rate equal to two times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto for such periods of service, is in effect and two additional quarters of participating service credit for each quarter during which the contribution rate at a percentage rate equal to three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, is in effect. Any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assump tions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. In no case shall the additional credit so granted be greater than the total participating service credit forfeited on the earlier termination of employment and withdrawal of contributions. Such contribu tion rates shall not remain in effect longer than the period for which additional participating service credit may be granted. Sec. 16. K.S.A. 1996 Supp. 74-4919h is hereby amended to read as follows: 74-4919h. (1) In addition to any military service credited under the provisions of K.S.A. 74-4913 or 74-4936 and amendments thereto, or in the event that an active contributing member does not qualify for credit for military service as defined in subsection (22) of K.S.A. 74-4902 and amendments thereto, such member may purchase participating credit for periods of active service in the armed forces of the United States or in the commissioned corps of the United States public health service and for periods of service required to fulfill the require ments of section 651 of title 10, United States code, which are not otherwise creditable, which when added to any creditable military service do not exceed six years. Except as provided in subsection (4)(a) for such purchase of participating credit for such periods of such military service which is the basis for military pension rights, such member shall be entitled to purchase one quarter of participating service credit for each year of service required to fulfill the requirements of section 651 of title 10, United States code. Except as otherwise provided in this section, such purchase shall be effected by the member submit ting proof of such service acceptable to the board and, if first commenced prior to January 1, 1996, electing in writing to have employee contributions as provided in K.S.A. 74-4919 and amendments thereto deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto for such periods of service. Such deductions shall com mence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased. Any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of con tribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. (2) (a) Such purchase of participating service credit must be completed prior to such member's retirement. (b) For members purchasing such participating service credit on or after July 1, 1993, whose purchase is completed within five years before such member's retirement, such mem ber shall pay the actuarially determined amount by means of a single lump-sum payment or equal annual payments which shall be completed prior to retirement. The lump-sum payment or annual payments shall be determined by the system's actuary by using the member's current annual salary at the time, actuarial assumptions and tables currently in use by the system and the member's attained age. No participating employer shall pay all or any part of the cost of service credit purchased by a member under this subsection. Any 668 JOURNAL OF THE HOUSE member who purchases such participating service credit and who does not make the lumpsum payment or annual payments as required by this subsection shall have any previously credited service under this section voided and such member shall be refunded such mem ber's payments previously made for such purchase plus interest. The provisions of this subsection shall not apply to any member who is employed by an institution that is closed or abolished or otherwise ceases operations or that is scheduled for such closure, abolition or cessation of operations and has a budget reduction imposed that is associated with such closure, abolition or cessation of operations, and who is laid off from employment with such institution for the reason of such closure, abolition or cessation. As used in this subsection, ``institution'' means Topeka state hospital or Winfield state hospital and training center; and ``laid off'' means, 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'' shall not include any separation from employment pursuant to budget reduction or expenditure authority reduction and reduction of F.T.E. positions under K.S.A. 1996 Supp. 75-6801 and amendments thereto. (3) In the event such member has elected to purchase participating service credit as provided in K.S.A. 74-4919a to 74-4919e, inclusive, and any amendments thereto, the in creased employee contributions and purchase of participating service credit provided herein shall not commence until after the purchase of participating service credit under K.S.A. 744919a to 74-4919e, inclusive, and any amendments thereto, has been completed. If a mem ber terminates employment before completing the purchase of all participating service credit as such member may be entitled to, such member shall only receive such credit for those full quarters as the percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto or those full quarters as the additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto has been deducted from such mem ber's compensation. (4) (a) Any member of the system who has not yet retired may purchase participating service credit for military service as described in this section which is the basis for military pension rights at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the mem ber's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may pur chase participating service credit for military service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee con tributions as provided in this section. The lump-sum payment shall be an amount deter mined by the actuary using the member's then current annual rate of compensation, or if not actively employed, the member's annual rate of compensation when last participating, the actuarial assumptions and tables currently in use by the retirement system and the member's attained age. No participating employer shall pay all or any part of the cost of any additional participating service credit to be purchased by means of a lump-sum payment by a member under this section. (b) Any member of the retirement system who has not retired may purchase partici pating service credit for military service as described in this section which is not the basis for military pension rights by electing to effect such purchase by means of a single lumpsum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be an amount determined by the actuary using the member's then current annual rate of compensation, or if not actively employed, the member's annual rate of compensation when last participating, the actuarial assumptions and tables currently in use by the retirement system and the member's attained age. No participating employer shall pay all or any part of the cost of any additional participating service credit to be purchased by means of a lump-sum payment by a member under this section. April 1, 1997 669 Sec. 17. K.S.A. 1996 Supp. 74-4919n is hereby amended to read as follows: 74-4919n. Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed in another state in nonfederal govern mental employment and which service otherwise meets the requirements of an employee as prescribed in subsection (14) of K.S.A. 74-4902 or subsection (4) of K.S.A. 74-4932 and amendments thereto, may elect to purchasepriorservice credit for such out-of-state non federal governmental employment. For any application to purchase service credit as pro vided in this section submitted on or after July 1, 1997, the benefit for each such year of employment shall be equal to1%1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such service credit for each such year of employment at an additional amount of .75% of final average salary of such member as otherwise provided in this subsection. Such member may purchase suchpriorservice credit by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase suchpriorservice credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. No participating em ployer shall pay the cost, or any part thereof, of anypriorservice credit authorized to be purchased by a member under this section. Sec. 18. K.S.A. 1996 Supp. 74-4919p is hereby amended to read as follows: 74-4919p. Any member may purchasepriorservice credit for periods of service in the United States peace corps which commenced on or after January 1, 1962. For any application to purchase service credit as provided in this subsection submitted on or after July 1, 1997, the benefit for each such period of service shall be equal to1%1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such service credit for each such year of employment at an additional amount of .75% of final average salary of such member as otherwise provided in this subsection. Such member may purchase suchpriorservice credit by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the mem ber's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may pur chasepriorservice credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. No participating employer shall pay the cost, or any part thereof, of anypriorservice credit authorized to be purchased by a member under this section.The provisions of this section shall be effective on and after July 1, 1996.Sec. 19. K.S.A. 1996 Supp. 74-4919q is hereby amended to read as follows: 74-4919q. Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed as an employee of the memorial union corporation which is affiliated with Emporia state university, may elect to purchaseprior670 JOURNAL OF THE HOUSE service credit for such employment. For any application to purchase service credit as pro vided in this subsection submitted on or after July 1, 1997, the benefit for each such year of employment shall be equal to1%1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such year of employment at an additional amount of .75% of final average salary of such member as otherwise provided in this subsection. Such member may purchase suchpriorservice credit by making application therefor prior to date of retirement at an additional rate of contri bution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchasepriorservice credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the mem ber's attained age, annual compensation at the time of purchase and the actuarial assump tions and tables then in use by this system. The lump-sum payment shall be made imme diately upon being notified of the amount due. No participating employer shall pay the cost, or any part thereof, of anypriorservice credit authorized to be purchased by a member under this section. The provisions of this section shall be effective on and after July 1, 1996. Sec. 20. K.S.A. 1996 Supp. 74-4920 is hereby amended to read as follows: 74-4920. (1) (a) Upon the basis of each annual actuarial valuation and appraisal as provided for in subsection (3)(a) of K.S.A. 74-4908 and amendments thereto, the board shall certify, on or before July 15 of each year, to the division of the budget in the case of the state and to the agent for each other participating employer an actuarially determined estimate of the rate of contribution which will be required, together with all accumulated contributions and other assets of the system, to be paid by each such participating employer to pay all liabilities which shall exist or accrue under the system, including amortization of the actuarial accrued liability over a period of 40 years commencing on July 1, 1993, and the actuarial accrued liability for members of the faculty and other persons who are employed by the state board of regents or by educational institutions under its management assisted by the state board of regents in the purchase of retirement annuities as provided in K.S.A. 74-4925 and amend ments thereto, as provided in this section. The actuarial accrued liability for all participating employers other than the state board of regents relating to members of the faculty and other persons described in this section, shall be amortized by annual payments that increase 4% for each year remaining in the amortization period. For all participating employers other than the state board of regents relating to members of the faculty and other persons de scribed in this section, the projected unit credit actuarial cost method shall be used in annual actuarial valuations, commencing with the 1993 valuation, to determine the employer con tribution rates that shall be certified by the board. The actuarial accrued liability for mem bers of the faculty and other persons described in this subsection assisted by the state board of regents in the purchase of retirement annuities as provided in K.S.A. 74-4925 and amend ments thereto shall be amortized by annual level payments over a period of 10 years com mencing July 1, 1993. Such certified rate of contribution shall be based on the standards set forth in subsection (3)(a) of K.S.A. 74-4908 and amendments thereto and shall not be based on any other purpose outside of the needs of the system. (b) (i) For employers affiliating on and after January 1, 1998, upon the basis of an annual actuarial valuation and appraisal of the system conducted in the manner provided for in K.S.A. 74-4908 and amendments thereto, the board shall certify, on or before July 15 of each year to each such employer an actuarially determined estimate of the rate of con tribution which shall be required to be paid by each such employer to pay all of the liabilities which shall accrue under the system from and after the entry date as determined by the board, upon recommendation of the actuary. Such rate shall be termed the employer's par ticipating service contribution and shall be uniform for all participating employers. Such additional liability shall be amortized over a period of 35 years commencing on July 1, 1998, April 1, 1997 671 by annual payments that increase 4% for each year remaining in the amortization period. For all participating employers described in this section, the projected unit credit actuarial cost method shall be used in annual actuarial valuations to determine the employer contri bution rates that shall be certified by the board. (ii) The board shall determine for each such employer separately an amount sufficient to amortize over a period of not to exceed 35 years commencing July 1, l998, all liabilities for prior service costs which shall have accrued at the time of entry into the system. On the basis of such determination the board shall annually certify to each such employer separately an actuarially determined estimate of the rate of contribution which shall be required to be paid by that employer to pay all of the liabilities for such prior service costs. Such rate shall be termed the employer's prior service contribution. (2) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personal services the sum required to satisfy the state's obligation under this act as certified by the board and shall present the same to the legislature for allowance and appropriation. (3) Each other participating employer shall appropriate and pay to the system a sum sufficient to satisfy the obligation under this act as certified by the board. (4) Each participating employer is hereby authorized to pay the employer's contribution from the same fund that the compensation for which such contribution is made is paid from or from any other funds available to it for such purpose. Each political subdivision, other than an instrumentality of the state, which is by law authorized to levy taxes for other purposes, may levy annually at the time of its levy of taxes, a tax which may be in addition to all other taxes authorized by law for the purpose of making its contributions under this act and, in the case of cities and counties, to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 and amendments thereto by cities lo cated in the county, which tax, together with any other fund available, shall be sufficient to enable it to make such contribution. In lieu of levying the tax authorized in this subsection, any taxing subdivision may pay such costs from any employee benefits contribution fund established pursuant to K.S.A. 12-16,102 and amendments thereto. Each participating em ployer which is not by law authorized to levy taxes as described above, but which prepares a budget for its expenses for the ensuing year and presents the same to a governing body which is authorized by law to levy taxes as described above, may include in its budget an amount sufficient to make its contributions under this act which may be in addition to all other taxes authorized by law. Such governing body to which the budget is submitted for approval, may levy a tax sufficient to allow the participating employer to make its contri butions under this act, which tax, together with any other fund available, shall be sufficient to enable the participating employer to make the contributions required by this act. (5) The rate of contribution certified to a participating employer as provided in this section shall apply during the fiscal year of the participating employer which begins in the second calendar year following the year of the actuarial valuation. For the fiscal year com mencing in calendar year 1993, the employer rate of contribution for the state of Kansas and for participating employers under K.S.A. 74-4931 and amendments thereto shall be 3.1% of the amount of compensation upon which members contribute during the period. For the fiscal year commencing in calendar year 1994, the employer rate of contribution for the state of Kansas and for participating employers under K.S.A. 74-4931 and amend ments thereto shall be 3.2% of the amount of compensation upon which members contribute during the period. For the fiscal year commencing in calendar year 1994, the employer rate of contribution for participating employers other than the state of Kansas shall be 2.2% of the amount of compensation upon which members contribute during the period. Except as specifically provided in this section, for the fiscal year commencing in calendar year 1995, the rate of contribution certified to a participating employer shall in no event exceed such participating employer's contribution rate for the immediately preceding fiscal year by more than 0.1% of the amount of compensation upon which members contribute during the period. Except as specifically provided in this section, for fiscal years commencing in cal endar year 1996 and in each subsequent calendar year, the rate of contribution certified to the state of Kansas shall in no event exceed the state's contribution rate for the immediately preceding fiscal year by more than 0.2% of the amount of compensation upon which mem 672 JOURNAL OF THE HOUSE bers contribute during the period. Except as specifically provided in this section, for fiscal years commencing in calendar year 1997 and in each subsequent calendar year, the rate of contribution certified to participating employers other than the state of Kansas shall in no event exceed such participating employer's contribution rate for the immediately preceding fiscal year by more than 0.15% of the amount of compensation upon which members con tribute during the period. There shall be an employer rate of contribution certified to the state of Kansas and participating employers under K.S.A. 74-4931 and amendments thereto. There shall be a separate employer rate of contribution certified to all other participating employers other than the state of Kansas. (6) The actuarial cost of any legislation enacted in the 1994 session of the Kansas leg islature will be included in the June 30, 1994, actuarial valuation in determining contribution rates for participating employers. (7) The board with the advice of the actuary may fix the contribution rates for partici pating employers joining the system after one year from the first entry date or for employers who exercise the option contained in K.S.A. 74-4912 and amendments thereto at rates different from the rate fixed for employers joining within one year of the first entry date. (8) For employers affiliating on and after January 1, 1998, the rates of contribution certified to the participating employer as provided in this section shall apply during the fiscal year immediately following such certification, but the rate of contribution during the first year following the employer's entry date shall be equal to 7% of the amount of com pensation on which members contribute during the year. Any amount of such first year's contribution which may be in excess of the necessary current service contribution shall be credited by the board to the respective employer's prior service liability.(8)(9) Employer contributions shall in no way be limited by any other act which now or in the future establishes or limits the compensation of any member.(9)(10) Each participating employer shall remit quarterly, or as the board may otherwise provide, all employee deductions and required employer contributions to the executive secretary for credit to the Kansas public employees retirement fund within 20 days after the end of the period covered by the remittance or within 25 days after forms or written instructions from the system were mailed by the system to such employer, whichever is later. Remittances of such deductions and contributions received after such date are delin quent. Delinquent payments due under this subsection shall be subject to interest at the rate established for interest on judgments under subsection (a) of K.S.A. 16-204 and amend ments thereto. At the request of the board, delinquent payments which are due or interest owed on such payments, or both, may be deducted from any other moneys payable to such employer by any department or agency of the state.''; And by renumbering sections accordingly; On page 9, after line 8, by inserting: ``Sec. 21. K.S.A. 1996 Supp. 74-4927 is hereby amended to read as follows: 74-4927. (1) The board may establish a plan of death and long-term disability benefits to be paid to the members of the retirement system as provided by this section. The long-term disability benefit shall not be payable until the member has been prevented from carrying out each and every duty pertaining to the member's employment as a result of sickness or injury for a period of 180 daysand. The annual benefit shall not exceed an amount equal to 66 2/3% of the member's annual rate of compensation on the date such disability commenced and shall be payable in equal monthly installments. In the event that a member's compensation is not fixed at an annual rate but on an hourly, weekly, biweekly, monthly or any other basis than annual, the board shall prescribe by rule and regulation a formula for establishing a reasonable rate of annual compensation to be used in determining the amount of the death or long-term disability benefit for such member. Such plan shall provide that: (A) For deaths occurring prior to January 1, 1987, the right to receive such death benefit shall cease upon the member's attainment of age 70 or date of retirement whichever first occurs. The right to receive such long-term disability benefit shall cease (i) for a member who becomes eligible for such benefit before attaining age 60, upon the date that such member attains age 65 or the date of such member's retirement, whichever first occurs, (ii) for a member who becomes eligible for such benefit at or after attaining age 60, the date that such member has received such benefit for a period of five years, upon the date that April 1, 1997 673 such member attains age 70, or upon the date of such member's retirement, whichever first occurs, (iii) for all disabilities incurred on or after January 1, 1987, for a member who becomes eligible for such benefit at or after attaining age 70, the date that such member has received such benefit for a period of 12 months or upon the date of such member's retirement, whichever first occurs, and (iv) for all disabilities incurred on or after January 1, 1987, for a member who becomes eligible for such benefit at or after attaining age 75, the date that such member has received such benefit for a period of six months or upon the date of such member's retirement, whichever first occurs. (B) Long-term disability benefit payments shall be in lieu of any accidental total disa bility benefit that a member may be eligible to receive under subsection (3) of K.S.A. 744916 and amendments thereto. The member must make an initial application for social security disability benefits and, if denied such benefits, the member must pursue and exhaust all administrative remedies of the social security administration which include, but are not limited to, reconsideration and hearings. Such plan may provide that any amount which a member receives as a social security benefit or a disability benefit or compensation from any source by reason of any employment including, but not limited,to, workers compen sation benefits may be deducted from the amount ofinsuredlong-term disability benefit payments under such plan, except that not more than 50% of such workers compensation benefits shall be deducted therefrom. During the period in which such member is pursuing such administrative remedies prior to a final decision of the social security administration, social security disability benefits may be estimated and may be deducted from the amount of long-term disability benefit payments under such plan. Suchinsuredlong-term disability payments shall accrue from the later of the 181st day of total disability or the first day upon which the member ceases to draw compensation from the employer. If the social security benefit, workers compensation benefit, other income or wages or other disability benefit by reason of employment, or any part thereof, is paid in a lump sum, the amount of the reduction shall be calculated on a monthly basis over the period of time for which the lump sum is given. In no case shall a member who is entitled to receiveinsuredlong-term disability benefits receive less than $50 per month. As used in this section, ``workers compensation benefits'' means the total award of disability benefit payments under the workers compen sation act notwithstanding any payment of attorney fees from such benefits as provided in the workers compensation act. (C) The plan may include other provisions relating to qualifications for benefits; sched ules and graduation of benefits; limitations of eligibility for benefits by reason of termination of employment or membership; conversion privileges; limitations of eligibility for benefits by reason of leaves of absence, military service or other interruptions in service; limitations on the condition of long-term disability benefit payment by reason of improved health; requirements for medical examinations or reports; or any other reasonable provisions as established by rule and regulation of uniform application adopted by the board. (D) On and after April 30, 1981, the board may provide under the plan for the contin uation of long-term disability benefit payments to any former member who forfeits the entitlement to continued service credit under the retirement system or continued assistance in the purchase of retirement annuities under K.S.A. 74-4925 and amendments thereto and to continued long-term disability benefit payments and continued death benefit coverage, by reason of the member's withdrawal of contributions from the retirement system or the repurchase of retirement annuities which were purchased with assistance received under K.S.A. 74-4925 and amendments thereto. Such long-term disability benefit payments may be continued until such individual dies, attains age 65 or is no longer disabled, whichever occurs first. (E) Any visually impaired person who is in training at and employed by a sheltered workshop for the blind operated by the secretary of social and rehabilitation services and who would otherwise be eligible for theinsuredlong-term disability benefit as described in this section shall not be eligible to receive such benefit due to visual impairment as such impairment shall be determined to be a preexisting condition. (2) (A) In the event that a member becomes eligible for a long-term disability benefit under the plan authorized by this section such member shall be given participating service credit for the entire period of such disability. Such member's final average salary shall be 674 JOURNAL OF THE HOUSE computed in accordance with subsection (17) of K.S.A. 74-4902 and amendments thereto except that the years of participating service used in such computation shall be the years of salaried participating service. (B) In the event that a member eligible for a long-term disability benefit under the plan authorized by this section shall be disabled for a period of five years or more immediately preceding retirement, such member's final average salary shall be adjusted upon retirement by the actuarial salary assumption rates in existence during such period of disability. Effec tive July 1, 1993, such member's final average salary shall be adjusted upon retirement by 5% for each year of disability after July 1, 1993, but before July 1, 1997. Effective July 1, 1997, such member's final average salary shall be adjusted upon retirement by an amount equal to the lesser of: (i) The percentage increase in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor; or (ii) four percent per annum, measured from the month the disability occurs to the month that is two months prior to the month of retirement, for each year of disability after July 1, 1997. (C) In the event that a member eligible for a long-term disability benefit under the plan authorized by this section shall be disabled for a period of five years or more immediately preceding death, such member's current annual rate shall be adjusted by the actuarial salary assumption rates in existence during such period of disability. Effective July 1, 1993, such member's current annual rate shall be adjusted upon death by 5% for each year of disability after July 1, 1993, but before July 1, 1997. Effective July 1, 1997, such member's current annual rate shall be adjusted upon death by an amount equal to the lesser of: (i) The per centage increase in the consumer price index for all urban consumers published by the bureau of labor statistics of the United States department of labor; or (ii) four percent per annum, measured from the month the disability occurs to the month that is two months prior to the month of death, for each year of disability after July 1, 1997. (3) (A) To carry out the legislative intent to provide, within the funds made available therefor, the broadest possible coverage for members who are in active employment or involuntarily absent from such active employment, the plan of death and long-term disability benefits shall be subject to adjustment from time to time by the board within the limitations of this section. The plan may include terms and provisions which are consistent with the terms and provisions of group life and long-term disability policies usually issued to those employers who employ a large number of employees. The board shall have the authority to establish and adjust from time to time the procedures for financing and administering the plan of death and long-term disability benefits authorized by this section. Either the insured death benefit or the insured disability benefit or both such benefits may be financed directly by the system or by one or more insurance companies authorized and licensed to transact group life and group accident and health insurance in this state. (B) The board may contract with one or more insurance companies, which are author ized and licensed to transact group life and group accident and health insurance in Kansas, to underwrite or to administer or to both underwrite and administer either theinsuredlongterm death benefit or the insured disability benefit or both such benefits. Each such contract with an insurance company under this subsection shall be entered into on the basis of competitive bids solicited and administered by the board. Such competitive bids shall be based on specifications prepared by the board. (i) In the event the board purchases one or more policies of group insurance from such company or companies to provide either the insured death benefit or theinsuredlong-term disability benefit or both such benefits, the board shall have the authority to subsequently cancel one or more of such policies and, notwithstanding any other provision of law, to release each company which issued any such canceled policy from any liability for future benefits under any such policy and to have the reserves established by such company under any such canceled policy returned to the system for deposit in the group insurance reserve of the fund. (ii) In addition, the board shall have the authority to cancel any policy or policies of group life and long-term disability insurance in existence on the effective date of this act and, notwithstanding any other provision of law, to release each company which issued any such canceled policy from any liability for future benefits under any such policy and to have April 1, 1997 675 the reserves established by such company under any such canceled policy returned to the system for deposit in the group insurance reserve of the fund. Notwithstanding any other provision of law, no premium tax shall be due or payable by any such company or companies on any such policy or policies purchased by the board nor shall any brokerage fees or commissions be paid thereon. (4) (A) The cost of the plan of death and long-term disability benefits shall be paid from a special reserve hereby created in the fund, to be known as the group insurance reserve. Each participating employer shall appropriate and pay to the system in such manner as the board shall prescribe in addition to the employee and employer retirement contri butions an amount equal to .6% of the amount of compensation on which the members' contributions to the Kansas public employees retirement system are based for deposit in the group insurance reserve of the Kansas public employees retirement fund. (B) The director of the budget and the governor shall include in the budget and in the budget request for appropriations for personal services a sum to pay the state's contribution to the group insurance reserve as provided by this section and shall present the same to the legislature for allowances and appropriation. (C) The provisions of subsection (4) of K.S.A. 74-4920 and amendments thereto shall apply for the purpose of providing the funds to make the contributions to be deposited to the group insurance reserve. (D) Any dividend or retrospective rate credit allowed by an insurance company or com panies shall be credited to the group insurance reserve and the board may take such amounts into consideration in determining the amounts of the benefits under the plan authorized by this section. (5) The death benefit provided under the plan of death and long-term disability benefits authorized by this section shall be known and referred to as insured death benefit. The long-term disability benefit provided under the plan of death and long-term disability ben efits authorized by this section shall be known and referred to asinsuredlong-term disability benefit. (6) The board is hereby authorized to establish an optional death benefit plan. Except as provided in subsection (7), such optional death benefit plan shall be made available to all employees who are covered or may hereafter become covered by the plan of death and long-term disability benefits authorized by this section. The cost of the optional death benefit plan shall be paid by the applicant either by means of a system of payroll deductions or direct payment to the board. The board shall have the authority and discretion to establish such terms, conditions, specifications and coverages as it may deem to be in the best interest of the state of Kansas and its employees which should include term death benefits for the person's period of active state employment regardless of age, but in no case, on and after January 1, 1989, shall the maximum allowable coverage be less than $200,000. The cost of the optional death benefit plan shall not be established on such a basis as to unreasonably discriminate against any particular age group. The board shall have full administrative re sponsibility, discretion and authority to establish and continue such optional death benefit plan and the director of accounts and reports of the department of administration shall when requested by the board and from funds appropriated or available for such purpose establish a system to make periodic deductions from state payrolls to cover the cost of the optional death benefit plan coverage under the provisions of this subsection (6) and shall remit all deductions together with appropriate accounting reports to the system. All funds received by the board, whether in the form of direct payments, payroll deductions or otherwise, shall be accounted for separately from all other funds of the retirement system and shall be paid into a special reserve hereby created in the fund, to be known as the optional death benefit plan reserve, from which reserve the board is authorized to make the appropriate payments and to pay the ongoing costs of administration of such optional death benefit plan as may be incurred in carrying out the provisions of this subsection (6). (7) Any employer other than the state of Kansas which is currently a participating em ployer of the Kansas public employees retirement system or is in the process of affiliating with the Kansas public employees retirement system may also elect to affiliate for the pur poses of subsection (6). All such employers shall make application for affiliation with such system, to be effective on January 1 next following application. Such optional death benefit 676 JOURNAL OF THE HOUSE plan shall not be available for employees of employers specified under this subsection until after July 1, 1988. Sec. 23. K.S.A. 1996 Supp. 74-4936a is hereby amended to read as follows: 74-4936a. Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed in a teaching position with a public school system of another state, in a foreign teaching service in an overseas dependents' school, in a recognized teacher exchange program or in any program where a teacher is chosen by the Kansas department of education to teach in a foreign country and which service otherwise meets the requirements of an employee as prescribed in subsection (14) of K.S.A. 74-4902 or subsection (4) of K.S.A. 74-4932 and amendments thereto may elect to purchasepriorservice credit for such out-of-state public school or overseas teaching employment. For any application to purchase service credit as provided in the section submitted on or after July 1, 1997, the benefit for each such year of employment shall be equal to1%1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such year of employment at an additional amount of .75% of final average salary of such member as otherwise provided in this subsection. Such mem ber may purchase suchpriorservice credit by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of con tribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may pur chase suchpriorservice credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the member's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. No participating employer shall pay the cost, or any part thereof, of anypriorservice credit authorized to be purchased by a member under this section. Sec. 24. K.S.A. 1996 Supp. 74-4957 is hereby amended to read as follows: 74-4957. (1) The normal retirement date for a member of the system who is appointed or employed prior to July 1, 1989, and who does not make an election pursuant to K.S.A. 74-4955a and amendments thereto shall be the first day of the month coinciding with or following the attainment of age 55 and the completion of 20 years of credited service. Any member may retire on such member's normal retirement date or on the first day of any month thereafter. (2) Early retirement. Any member who is appointed or employed prior to July 1, 1989, and who does not make an election pursuant to K.S.A. 74-4955a and amendments thereto may retire before such member's normal retirement date on the first day of any month coinciding with or following the attainment of age 50 and the completion of 20 years of credited service. (3) Notwithstanding the provisions of subsections (1) and (2) of this section and K.S.A. 74-4955a, 74-4957a, 74-4958a, 74-4960a, 74-4963a and 74-4964a and amendments thereto, the normal retirement date for any member who was, up to the entry date of such member's employer, covered by a pension system under the provisions of K.S.A. 13-14a01 to 13-14a14, inclusive, or 14-10a01 to 14-10a15, inclusive, and amendments thereto, shall be the first day of the month coinciding with or following the attainment of age 50 and the completion of 25 years of credited service. (4) In no event shall a member be eligible to retire until such member has been a contributing member of the system for 12 months of participating service, and shall have given such member's employer prior notice of retirement. (5) If a retirant who retired on or after July 1, 1994, is employed, elected or appointed in or to any position or office for which compensation for service is paid, during calendar year 1994, in an amount equal to $11,160 or more; or during calendar year 1995 and all calendar years thereafter,during calendar year 1997, in an amount equal to$11,280$13,500 April 1, 1997 677 or morein any one such calendar year; during calendar year 1998, in an amount equal to $14,500 or more; during calendar year 1999, in an amount equal to $15,500 or more; during calendar year 2000, in an amount equal to $17,000 or more; during calendar year 2001, in an amount equal to $25,000 or more; or during calendar year 2002, in an amount equal to $30,000, by the same state agency or the same police or fire department of any county, city, township or special district or the same sheriff's office of a county during the final two years of such retirant's participation, such retirant shall not receive any retirement benefit for any month for which such retirant serves in such position or office. The participating employer shall report to the system within 30 days of when the compensation paid to the retirant is equal to or exceeds any limitation provided by this section. Any retirant employed by a participating employer in the Kansas police and firemen's retirement system shall not make contributions nor receive additional credit under such system for such service except as provided by this section. Upon request of the executive secretary of the system, the secretary of revenue shall provide such information as may be needed by the executive secretary to carry out the provisions of this act. Sec. 25. K.S.A. 1996 Supp. 74-4957a is hereby amended to read as follows: 74-4957a. (1) The normal retirement date for a member of the system who is appointed or employed on or after July 1, 1989, or who makes an election pursuant to K.S.A. 74-4955a and amend ments thereto to be covered by the provisions of this act shall be the first day of the month coinciding with or following the attainment of age 55 and the completion of 20 years of credited service, age 50 and the completion of 25 years of credited service or age 60 with the completion of 15 years of credited service. Any such member may retire on such mem ber's normal retirement date or on the first day of any month thereafter. (2) Any member may retire before such member's normal retirement date on the first day of any month coinciding with or following the attainment of age 50 and the completion of 20 years of credited service. (3) In no event shall a member be eligible to retire until such member has been a contributing member of the system for 12 months of participating service, and shall have given such member's employer prior notice of retirement. (4) If a retirant who retired on or after July 1, 1996, is employed, elected or appointed in or to any position or office for which compensation for service is paid, during calendar year 1995 and all calendar years thereafter,during calendar year 1997, in an amount equal to$11,280$13,500 or morein any one such calendar year; during calendar year 1998, in an amount equal to $14,500 or more; during calendar year 1999, in an amount equal to $15,500 or more; during calendar year 2000, in an amount equal to $17,000 or more; during calendar year 2001, in an amount equal to $25,000 or more; or during calendar year 2002, in an amount equal to $30,000, by the same state agency or the same police or fire depart ment of any county, city, township or special district or the same sheriff's office of a county during the final two years of such retirant's participation, such retirant shall not receive any retirement benefit for any month for which such retirant serves in such position or office. The participating employer shall report to the system within 30 days of when the compen sation paid to the retirant is equal to or exceeds any limitation provided by this section. Any retirant employed by a participating employer in the Kansas police and firemen's retirement system shall not make contributions nor receive additional credit under such system for such service except as provided by this section. Upon request of the executive secretary of the system, the secretary of revenue shall provide such information as may be needed by the executive secretary to carry out the provisions of this act. (5) The provisions of this section shall be effective on and after July 1, 1989, and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a and amendments thereto; and persons ap pointed or employed on or after July 1, 1989. Sec. 26. K.S.A. 1996 Supp. 74-4966 is hereby amended to read as follows: 74-4966. (a) In the case of any member whose employment shall be covered by social security and who is a member of the class certified in the case of Brazelton v. Kansas public employees retirement system, 227 K. 443, 607 P.2d 510 (1980), any benefits payable under the pro visions of K.S.A. 74-4958, 74-4959 and 74-4960 shall be reduced by an amount equal to 1/2 of the original social security benefits accruing from employment with the participating 678 JOURNAL OF THE HOUSE employer at the time the member retired. For any member already retired on the effective date of this act, no reduction of the original social security benefits shall be applicable to benefits paid prior to the effective date of this act. The member must make an initial ap plication for social security benefits from employment with the participating employer and, if denied such benefits, the member must pursue and exhaust all administrative remedies of the social security administration which include, but are not limited to, reconsideration and hearings. Until such initial application for benefits has been approved by the social security administration, social security benefits may be estimated and may be deducted from the amount of any benefits payable as provided in this subsection. (b) For any member other than a member who is a member of the class certified in the case of Brazelton v. Kansas public employees retirement system, 227 K. 443, 607 P.2d 510 (1980), no benefits shall be reduced because of social security benefits. Any benefits which first become payable on or after January 1, 1976, by reason of employment with a partici pating employer participating in the Kansas police and firemen's retirement system, which employment was also covered by social security, shall be reduced by an amount equal to the value of the difference between contributions actually made by the member and con tributions which would have been made had there been no reduction for contributions to social security. The amount of reduction shall be made by the board upon the advice of the actuary at the time benefits become payable and shall continue until benefits are no longer payable. Should a member, whose employment prior to January 1, 1976, with a participating employer participating in the Kansas police and firemen's retirement system, such employ ment also being covered by social security, repay in a lump sum prior to January 1, 1977, or on date of retirement, whichever is earlier, an amount equal to the difference between contributions actually made by the member and contributions which would have been made had there been no reduction for contributions to social security, there shall be no reduction as heretofore provided. If the payment is made after January 1, 1977, but prior to retirement, the member will pay the actual amount plus interest which shall accrue from January 1, 1976, at a rate specified by the board of trustees. Sec. 27. K.S.A. 1996 Supp. 74-4990 is hereby amended to read as follows: 74-4990. (1) An arrearage obligation shall arise when it is ascertained that required contributions have not been made to the Kansas public employees retirement system at the required time. Such arrearage obligation shall be met by the employer by preparing a report on the ap propriate form to correct all previousquarterlyreports affected by the arrearage obligation. Such report shall be submitted by the employer with the firstquarterlyreport after such an arrearage obligation is discovered or as the board of trustees of the system may otherwise prescribe. The proper remittance to cover employer and employee contributions in arrearage shall accompany such report or as the board of trustees of the system may otherwise pre scribe for all arrearages other than for the year of service as provided in K.S.A. 74-4911 and amendments thereto. In addition, the employer will pay to the system, interest at the current actuarial interest rate assumption adopted by the board. If the employee retires within 24 months of the employer first reporting this arrearage, the employer will pay to the system a lump sum amount equal to the difference of the actuarial present value of the retirement benefit and the accumulated value of any contributions represented by the ar rearage. No employee shall pay all or any part of the arrearage. The amounts due for an arrearage obligation shall be based upon the compensation paid to the member and at the rates in effect at the time the contributions were originally due to be paid to the system. The employer shall not be required to pay the employee contributions or interest on arrear ages of six month or less. (2) An arrearage obligation shall arise when it is ascertained that the employee and employer should have made contributions to the Kansas public employees retirement system for all or part of the year of service as provided in K.S.A. 74-4911 and amendments thereto. Such arrearage obligation shall be met by the employer by preparing a report on the ap propriate form to correct all previous reports affected by the arrearage obligation. Such report shall be submitted by the employer with the first report after such an arrearage obligation is discovered or as the board of trustees of the system may otherwise prescribe. The proper remittance to cover employer contributions in arrearage shall accompany such report or as the board of trustees of the system may otherwise prescribe. The amounts due April 1, 1997 679 for an arrearage obligation shall be based upon compensation paid to the member and at the rates in effect at the time contributions were originally due to be paid to the system.(2)(3) In the event the proper remittance to cover employee contributions in arrearage does not accompany such report, service credits for that period of employment involving the arrearage obligation may be purchased by the member as participating service at any time prior to retirement by making application therefor and paying to the system a single lump-sum amount determined by the system's actuary using (a) the member's then current annual rate of compensation, or if not actively employed, the member's annual rate of compensation when last participating and (b) the actuarial assumptions and tables currently in use by the system.(3)(4) Except as otherwise provided in this section, any member may purchase partic ipating service credits for that period of employment involving the arrearage obligation as described in this section, if first commenced prior to January 1, 1996, by electing to effect such purchase by means of having employee contributions as provided in K.S.A. 74-4919 and amendments thereto deducted from such member's compensation at a percentage rate equal to two times or three times the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto for such periods of service, in lieu of a lump-sum amount as provided in this section. Such deductions shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any person may make any such purchase as described in this section, if first commenced in calendar year 1996 or thereafter, at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amend ments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase, for such periods of service, in lieu of a lump-sum amount as provided in this section. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been pur chased.(4)(5) Notwithstanding the provisions of this section, no employee contributions shall be due and owing for stipulated compensation amounts paid to any employee or former employee of a city of the first class whose dispute with such city was settled by stipulation of settlement either in Case No. 90-2328-0 in the United States District Court for the District of Kansas or in Case No. 91-1182 in the Supreme Court of the United States. Any such employee or former employee may elect to remit such employee contributions to the system. No employee or former employee whose contributions are deemed not to be due or owing or who did not elect to remit such employee contributions to the system as provided in this section according to this provision shall have any claim against the Kansas public employees retirement system for any retirement, disability, death or survivors benefit or any return of accumulated contributions based on such contributions or on the compensation amounts that would have been reflected by such contributions. New Sec. 28. (1) Notwithstanding the provisions of subsection (9) of K.S.A. 74-4902 and amendments thereto, any payment for accumulated sick leave, vacation or annual leave, severance pay or any other payments to the member determined by the board to not be payments for personal services performed for a participating employer which, when upon retirement, increases the member's final average salary by more than 15%, shall require the participating employer to pay the system a lump sum amount equal to the system's actuarial liability for benefits attributable to and payable on account of such excess over the 15%. (2) As used in this section, ``system'' means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges. New Sec. 29. (1) Any payment made to a named beneficiary as provided in this section, shall be a full discharge and release to the system from any further claims. Any payment made to a beneficiary as provided in clauses (A), (B), (C), (D), (E) or (F) of subsection (7) of K.S.A. 74-4902 or in clauses (1), (2), (3), (4), (5) or (6) of subsection (k) of K.S.A. 202601, and amendments thereto, as determined by the board, shall be a full discharge and release to the system from any further claims. Whenever any payment is payable to more than one beneficiary such payment shall be made to such beneficiaries jointly. 680 JOURNAL OF THE HOUSE (2) Any benefits payable to a beneficiary or beneficiaries who are incompetent shall be made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed conservator of such beneficiaries who was nominated by will or as otherwise provided by law, except that in those cases where the benefit involves an amount not to exceed $500, the board is hereby authorized in its discretion without the appointment of a conservator or in the giving of a bond to pay such amount as is due to the incompetent person or persons themselves. (3) Any lump-sum benefits payable to a beneficiary or beneficiaries who are minor children and which amount totals $10,000 or more shall be made in the name of the ben eficiary or beneficiaries and delivered to the lawfully appointed conservator of such bene ficiaries who was nominated by will or as otherwise provided by law except that in those cases where the benefit involves an amount not to exceed $500, the board is hereby au thorized in its discretion without the appointment of a conservator or the giving of a bond to pay such amount as is due to the minor or minors themselves. If no conservator is lawfully appointed, the system will credit interest at 4% on all benefits due and payable and shall pay all benefits plus interest to the beneficiary or beneficiaries who are minor children when they attain age 18 years. Any benefits payable to a beneficiary or beneficiaries who are minor children and which amount which totals more than $500 but less than $10,000, may be made in the name of the beneficiary or beneficiaries and paid under the uniform transfers to minors act as provided in K.S.A. 38-1701 et seq. and amendments thereto. (4) Any monthly benefits payable to a beneficiary or beneficiaries who are minor chil dren shall be made in the name of the beneficiary or beneficiaries and delivered to the lawfully appointed conservator of such beneficiaries who was nominated by will or as oth erwise provided by law. If no conservator is lawfully appointed, the system will credit interest at 4% on all benefits due and payable and shall pay all benefits plus interest to the beneficiary or beneficiaries who are minor children when they attain age 18 years. (5) As used in this section, ``system'' means the Kansas public employees retirement system, the Kansas police and firemen's retirement system and the retirement system for judges. New Sec. 30. Any employee of a participating employer who is a member of the Kansas public employees retirement system, who was previously employed in Kansas in nonfederal governmental employment with an employer who has not affiliated with the system under K.S.A. 74-4910 and amendments thereto, and which service otherwise meets the require ments of an employee as prescribed in subsection (14) of K.S.A. 74-4902 or subsection (4) of K.S.A. 74-4932 and amendments thereto, may elect to purchase service credit for such in-state nonfederal governmental employment. For any application to purchase service credit as provided in this subsection submitted on or after July 1, 1997, the benefit for each such year of employment shall be equal to 1.75% of the final average salary of any such member. For any member who elected to purchase service credit as provided in this section prior to the effective date of this act at the 1% rate, such member may elect to purchase such year of employment at an additional amount of .75% of final average salary of such member as otherwise provided in this subsection. Such member may purchase such service credit by making application therefor prior to the date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 744919 and amendments thereto, based upon the member's attained age at the time of pur chase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase such service credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the mem ber's attained age, annual compensation at the time of purchase and the actuarial assump tions and tables then in use by this system. The lump-sum payment shall be made imme diately upon being notified of the amount due. No purchase of service or any part thereof will be nullified by the subsequent affiliation of an employer with the system.''; And by renumbering sections accordingly; April 1, 1997 681 Also on page 9, in line 9, after ``2.'' by inserting ``K.S.A. 20-2609, 20-2610, 20-2620 and 72-5501 and''; also in line 9, after ``Supp.'' by inserting ``20-2601, 74-4902, 74-4904, 744908, 74-4910, 74-4911f, 74-4913, 74-4914, 74-4914e, 74-4919a, 74-4919c, 74-4919h, 744919n, 74-4919p, 74-4919q, 74-4920,''; also in line 9, by striking ``is'' and inserting ``, 74-4927, 74-4936a, 74-4957, 74-4957a, 74-4966 and 74-4990 are''; On page 1, in the title, in line 9, by striking ``legislative post audit; relating to'' and inserting ``retirement and pensions; relating to the Kansas public employees retirement system and systems thereunder; benefits and contributions; definitions; purchase of service credit; dis trict magistrate judges; long-term disability benefits and retirement annuity for disabled judges; state school retirement system; arrearages; annual final average salary adjustment; hearing officers; earnings after retirement; workers compensation and social security off set;''; in line 10, after ``amending'' by inserting ``K.S.A. 20-2609, 20-2610, 20-2620 and 725501 and''; also in line 10, after ``Supp.'' by inserting ``20-2601, 74-4902, 74-4904, 74-4908, 74-4910, 74-4911f, 74-4913, 74-4914, 74-4914e, 74-4919a, 74-4919c, 74-4919h, 74-4919n, 74-4919p, 74-4919q, 74-4920,''; in line 11, after ``4921'' by inserting ``, 74-4927, 74-4936a, 74-4957, 74-4957a, 74-4966 and 74-4990''; also in line 11, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. The Committee on Appropriations recommends SB 15, as amended by Senate Com mittee, be amended on page 2, in line 9, by striking ``, and''; and the bill be passed as amended. MESSAGE FROM THE GOVERNOR HB 2013, 2108 approved on April 1, 1997. On motion of Rep. Jennison, the House recessed until 4:00 p.m. Late Afternoon Session The House met pursuant to recess with Speaker Shallenburger in the chair. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bill was introduced and read by title: HB 2573, An act relating to sales taxation; exempting purchases of certain motion picture and television production companies therefrom; amending K.S.A. 1996 Supp. 79-3606 and repealing the existing section, by Committee on Appropriations. REPORTS OF STANDING COMMITTEES The Committee on Tourism recommends SB 325, as amended by Senate Committee, be passed. The Committee on Tourism recommends SB 337, as amended by Senate Committee, be passed. (Having been referred separately, SB 337 is now in Committee on Taxation.) The Committee on Taxation recommends HCR 5004 be adopted. The Committee on Taxation recommends SB 22, as amended by Senate Committee of the Whole, be amended, on page 5, after line 28, by inserting a new section to read as follows: ``Sec. 2. K.S.A. 19-430 is hereby amended to read as follows: 19-430. On July 1, 1993, and on July 1 of each fourth year thereafter, the board of county commissioners of each county shall by resolution appoint a county appraiser for such county who shall serve for a term of four years and until a successor is appointed. County appraisers appointed in coun ties having a population ofmore than 20,000 shall devote full time to the duties of such office but county appraisers appointed in counties having a population of 20,00025,000 or less or a real property parcel population of 20,000 or less may be appointed either as a fulltime or a part-time county appraiser as prescribed in the resolution providing for such appointment. In all other cases county appraisers shall be appointed to devote full time to the duties of such office. No person shall be appointed or reappointed to or serve as county appraiser in any county under the provisions of this act unless such person shall have at 682 JOURNAL OF THE HOUSE least one year of appraisal experience and be qualified by the director of property valuation as an eligible Kansas appraiser under the provisions of this act. Whenever a vacancy shall occur in the office of county appraiser the board of county commissioners shall appoint an eligible Kansas appraiser to fill such vacancy for the unexpired term and until a successor is appointed. The person holding the office of county assessor or performing the duties thereof on the effective date of this act shall continue to hold such office and perform such duties until a county appraiser is appointed under the provisions of this act. No person shall be appointed to the office of county or district appraiser or to fill a vacancy therein unless such person is currently a state licensed real property appraiser, a certified general real property appraiser or certified residential real property appraiser pursuant to article 41 of chapter 58 of the Kansas Statutes Annotated, and amendments thereto, except that from and after July 1, 1997, no person shall be appointed to the office of county or district appraiser or to fill a vacancy therein, in any county under the provisions of this act unless such person is currently a certified general real property appraiser pursuant to article 41 of chapter 58 of the Kansas Statutes Annotated and amendments thereto. Notwithstanding the foregoing provision, any person who holds the office of county appraiser upon the expiration of the term of such office shall be eligible for reappointment to such office regardless of whether such person is so certified or licensed.''; Also, on page 5, in line 29, after ``K.S.A.'' by inserting ``19-430 and K.S.A.''; also, in line 29, by striking ``is'' and inserting ``are''; By renumbering existing sections accordingly; In the title, in line 13, after the semicolon by inserting ``concerning county appraiser appointments;''; also, in line 13, after ``K.S.A.'' by inserting ``19-430 and K.S.A.''; in line 14, by striking ``section'' and inserting ``sections'' and the bill be passed as amended. REPORT ON ENGROSSED BILLS HB 2160, 2330, 2509, 2516 reported correctly engrossed April 1, 1997. HB 2170 reported correctly re-engrossed April 1, 1997. On motion of Rep. Jennison, the House adjourned until 9:00 a.m., Wednesday, April 2, 1997. CHARLENE SWANSON, Journal Clerk. JANET E. JONES, Chief Clerk. +--+ | | +--+