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


                             FIFTY-EIGHTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                               TOPEKA, KAN., Friday, April 4, 1997, 10:00 a.m.

  The House met pursuant to adjournment with Speaker pro tem Wagle in the
chair.
  The roll was called with 97 members present.
  Rep. Dean was excused on verified illness.
  Reps. Correll, Gilbert, Helgerson, Mays, McKechnie, Pauls, Pottorff,
Shallenburger, Wel shimer and Wilson were excused on legislative business.
  Reps. Allen, Aurand, Ballou, Bradley, Burroughs, Edmonds, Farmer, Johnston,
Kejr, Phill Kline, Lloyd, O'Connor, Packer, Powers, Sharp, Toelkes and
Tomlinson were excused on excused absence by the Speaker.
  Prayer by guest chaplain, the Rev. Greg Oldenettel, pastor, New Testament
Baptist Church, Wichita, and guest of Rep. Swenson:
   Our Dear Heavenly Father,
     We stand before Thee, today, as a needy people. We are faced with
   decisions to be made each day.
     I ask, first of all, for Your forgiveness. Forgive us of our sins and
   failures. May we, today, walk closer to Thee than yesterday.
     I pray for these, our legislators--for those who may be lost, without
   Christ. I ask that Your Holy Spirit might bring about conviction that
   would lead to salvation, that they might have the wisdom from above that
   only You can give.
     Then, as Your Word teaches, I ask You to impart wisdom to those who make
   decisions and laws for the State of Kansas. As moral issues, such as
   violence, abortion, and capital punishment, that involve life and death
   arise, may they consult the Cre ator and His guidebook, the Word of God.
     As these consider matters involving our families, such as education,
   taxes, etc., may they realize the family is the foundation of all society
   and they must be kept strong. May You impress upon our legislators the
   dangers of worldly vices that would destroy our families, such as
   gambling, alcohol, and drugs. May the necessary laws be enacted that would
   protect our families from such things.
     I pray for our lawmakers, personally, that they might be men and women
   of strong, moral character. Keep them safe. Grant them wisdom. Help them
   realize that God has placed them in a position of authority that must be
   used without greed or abuse. And, as they serve the people of our State,
   may they be a blessing to our people and not a cursing.
     May God bless our State and our Nation with a return to biblical values,
   that we may truly say we have a Christian nation. And, may we never forget
   to pray for these legislators who serve us.
     In Christ's name I pray, Amen.

PRESENTATION OF PETITIONS

  The following presentation was presented and filed:
  HP 2010, by Rep. Nichols, a petition supporting an automatic cost of
living adjustment for KPERS, including retired school teachers, and KP&F
retirees, signed by Vernon R. Zellors and 87 other citizens of Kansas.

768                           JOURNAL OF THE HOUSE


REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills and resolutions were referred to committees as
indicated:
  Appropriations: SB 242, 383.
  Health and Human Services: SB 154.

MESSAGE FROM THE SENATE

  Announcing passage of HB 2166, as amended by S. Sub. for HB
2166; HB 2105, as amended.
  Announcing adoption of HCR 5025.
  The Senate adopts conference committee report on Sub. HB 2368.
  The Senate not adopts the conference committee report on HB 2226,
requests a new conference committee be appointed and has appointed Senators
Corbin, Morris and Biggs as second conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 11, requests a
conference and has appointed Senators Kerr, Salisbury and Petty as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 22, requests a
conference and has appointed Senators Langworthy, Corbin and Lee as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 51, requests a
conference and has appointed Senators Langworthy, Corbin and Lee as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 53, requests a
conference and has appointed Senators Langworthy, Corbin and Lee as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 162, requests a
conference and has appointed Senators Langworthy, Corbin and Lee as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 184, requests a
conference and has appointed Senators Langworthy, Corbin and Lee as conferees
on the part of the Senate.
  The Senate nonconcurs in House amendments to SB 227, requests a
conference and has appointed Senators Salisbury, Ranson and Barone as
conferees on the part of the Senate.
  The Senate nonconcurs in House amendments to Sub. SB 317, requests a
conference and has appointed Senators Morris, Umbarger and Karr as conferees
on the part of the Senate.
  The Senate accedes to the request of the House for a conference on S.
Sub. for HB 2160 and has appointed Senators Kerr, Salisbury and Petty as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on S.
Sub. for HB 2272 and has appointed Senators Kerr, Salisbury and Petty as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2332 and has appointed Senators Ranson, Morris and Barone as conferees on
the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2350 and has appointed Senators Vidricksen, Jordan and Gilstrap as
conferees on the part of the Senate.
  The Senate accedes to the request of the House for a conference on HB
2490 and has appointed Senators Oleen, Schraad and Jones as conferees on
the part of the Senate.
  The President announced the appointment of Senator Hardenburger as a member
of the conference committee on HB 2185 to replace Senator Salmans.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on HB 2226.
  Speaker pro tem Wagle thereupon appointed Reps. Lloyd, Freeborn and McClure
as second conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 11.
  Speaker pro tem Wagle thereupon appointed Reps. Phil Kline, Farmer and
Helgerson as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 22.

                                 April 4, 1997                              769

  Speaker pro tem Wagle thereupon appointed Reps. Phill Kline, Powell and
Larkin as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 51.
  Speaker pro tem Wagle thereupon appointed Reps. Phill Kline, Powell and
Larkin as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 53.
  Speaker pro tem Wagle thereupon appointed Reps. Phill Kline, Powell and
Larkin as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 162.
  Speaker pro tem Wagle thereupon appointed Reps. Phill Kline, Powell and
Larkin as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on SB 184.
  Speaker pro tem Wagle thereupon appointed Reps. Phill Kline, Powell and
Larkin as conferees on the part of the House.
  On motion of Rep. Jennison, the House acceded to the request of the Senate
for a conference on Sub. SB 317.
  Speaker pro tem Wagle thereupon appointed Reps. Flower, Ballou and Weiland
as con ferees on the part of the House.

CONSENT CALENDAR

  No objection was made to HB 2390 appearing on the Consent Calendar
for the second day.
  No objection was made to HB 2351; SB 124 appearing on the Consent
Calendar for the third day. The bills were advanced to Final Action on Bills
and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  Speaker pro tem Wagle announced that order of business, Final Action on
Bills and Concurrent Resolutions, would be passed over today.

MOTIONS TO CONCUR AND NONCONCUR

  On motion of Rep. Powell, the House nonconcurred in Senate amendments to
HB 2105 and asked for a conference.
  Speaker pro tem Wagle thereupon appointed Reps. Phill Kline, Powell and
Larkin as conferees on the part of the House.
  On motion of Rep. Phil Kline, the House nonconcurred in Senate amendments
to S. Sub. for HB 2166 and asked for a conference.
  Speaker pro tem Wagle thereupon appointed Reps. Phil Kline, Farmer and
Helgerson as conferees on the part of the House.

REPORTS OF STANDING COMMITTEES

  The Committee Appropriations recommends SB 104, as amended by
Senate Commit tee of the Whole, be passed.
  The Committee on Appropriations recommends SB 210 be passed.
  The Committee on Appropriations recommends SB 238, as amended
by Senate Com mittee of Whole, be amended on page 12, by striking all in line
24 through 43;
  On page 13, by striking all in line 1 through 35;
  And by renumbering sections accordingly;
  Also on page 13, in line 37, by striking ``, 75-4221a'';
  On page 1, in the title, in line 16, by striking ``, 75-4221a''; and the
bill be passed as amended.
  The Committee on Appropriations recommends SB 373, as amended
by Senate Com mittee of the Whole, be amended on page 1, in line 19, by
striking ``This act'' and inserting ``Sections 1 through 15 and 18 through
25, and amendments thereto,''; in line 21, before ``The'' by inserting
``(a)'';

770                           JOURNAL OF THE HOUSE

  On page 2, in line 6, by striking ``(a) The'' and inserting the following:
  ``(1)  Provision of health care is an essential governmental function
protecting and pro moting the health and welfare of the citizens of the state
of Kansas;
  (2)  education of medical and health sciences professionals and the
performance of med ical and related research are essential to promote such
health care;
  (3)  teaching hospitals are essential components of a system designed to
deliver primary and specialty patient services and to promote medical and
health sciences education and research;
  (4)  the mission of the university of Kansas hospital is to facilitate and
support the ed ucation, research and public service activities of the
university of Kansas medical center and its health sciences schools, to
provide patient care and specialized services not widely avail able elsewhere
in the state and to continue the historic tradition of care by the university
of Kansas hospital to medically indigent citizens of Kansas;
  (5)  to provide for the education and training of health care
professionals, to provide a clinical setting for biomedical research, and to
ensure the availability of quality patient care including specialized medical
services not otherwise widely available, it is necessary that the university
of Kansas hospital be a facility of the finest possible quality;
  (6)  such quality hospital, health care and related facilities require
specialized manage ment and operation to remain economically viable to earn
revenues necessary for its oper ation and to engage in arrangements with
public and private entities and other activities, taking into account changes
that have occurred or may occur in the future in the provision of health care
and related services; and
  (7)  the'';
  Also on page 2, in line 13, by striking ``(b)''; in line 16, by striking
``Such quality hospital, health care and related''; by striking all in lines
17 through 22 and inserting the following:
  ``(b)  The exercise of the powers permitted by this act are deemed an
essential govern mental function in matters of public necessity for the
entire state in the provision of health care, medical and health sciences
education and research.'';
  Also on page 2, in line 23, by striking ``The following words or terms used
in this act shall'' and inserting the following: ``As used in sections 1
through 15 and 18 through 25, and amendments thereto, the following words and
phrases''; in line 28, by striking ``of directors'' where it first appears;
  On page 3, in line 11, by striking ``or ``authority's transfer date''''; in
line 12, after ``au thority'' by inserting ``which shall be on or after March
1, 1998,''; in line 13, by striking ``lia-''; in line 14, by striking
``bilities'' and inserting ``obligations''; by striking all in lines 21
through 23; in line 24, by striking ``(n)'' and inserting ``(m)''; after line
24, by inserting the following:
  ``(n)  ``This act`` means the university of Kansas hospital authority
act.'';
  Also on page 3, in line 31, by striking ``14'' and inserting ``16''; in
line 32, by striking ``Eight'' and inserting ``Six''; in line 36, by striking
``eight'' and inserting ``six'';
  On page 4, in line 2, by striking ``university of Kansas hospital''; in
line 3, after the period, by inserting the following: ``Four members shall be
ex officio voting members who are members of the Kansas legislature.''; in
line 4, by striking ``eight'' and inserting ``six''; in line 11, by striking
``eight'' and inserting ``six''; in line 12, by striking all after
``regents''; by striking all in line 13; in line 14, by striking all before
the period; in line 16, by striking ``three'' where it first appears and
inserting ``two''; also in line 16, by striking ``one year, three'' and
inserting ``two years, two''; in line 17, by striking ``two years and three''
and inserting ``three years, and two''; in line 18, by striking ``three'' and
inserting ``four''; in line 24, after the stricken material by inserting the
following: ``The ex officio voting members of the board who are members of
the legislature shall be appointed as follows:  (1) One member shall be a
member of the senate appointed by the president of the senate; (2) one member
shall be a member of the senate appointed by the minority leader of the
senate; (3) one member shall be a member of the house of representatives
appointed by the speaker of the house of representatives; and (4) one member
shall be a member of the house of representatives appointed by the minority
leader of the house of representatives.''; in line 25, before ``After'' by
inserting ``(f)'';
  And by relettering subsections accordingly;

                                 April 4, 1997                              771

  Also on page 4, in line 26, by striking ``three'' and inserting ``four'';
in line 31, by striking ``three year'' and inserting ``four-year''; in line
37, by striking ``75-4315(b)'' and inserting ``75-4315b''; in line 39, after
the period, by inserting the following: ``Each legislative member of the
board shall be appointed for a term of four years. In the case of a vacancy
in the position of any legislative member of the board, a successor shall be
appointed for the unexpired term in the same manner as the original
appointment was made. The position of a legislative member on the board shall
be vacant if (1) such legislative member's term of office as a member of the
legislature ends and such legislative member of the board is not reelected 
or appointed and qualified as a member of the same house of the legislature
from which such legislative member was appointed, so such legislative member
does not have continuous service in such house of the legislature, or (2)
such legislative member is oth erwise no longer a member of the same house of
the legislature from which such legislative member was appointed as a
legislative member of the board.'';
  On page 5, in line 6, by striking all after ``compensation''; by striking
all in line 7; in line 8, by striking all before the period; also in line 8,
after the period, by inserting the following: ``Members of the board
attending meetings of the board, or attending a subcommittee meeting thereof
authorized by the board, shall be paid subsistence allowances, mileage and
other expenses as provided in K.S.A. 75-3223 and amendments thereto.''; in
line 10, by striking ``board of directors'' and inserting ``members of the
board''; in line 16, by striking ``ex officio'' and inserting ``an ex officio
member''; in line 17, by striking ``seven'' and inserting ``eight''; in line
27, after ``majority'' by inserting ``of the total voting membership''; in
line 30, by striking ``seven'' and inserting ``eight''; in line 31, after the
period, by inserting the following: ``The initial board shall meet for the
initial meeting upon call by the chancellor of the university of Kansas who
shall act as temporary chairperson until officers of the board are elected
pursuant to subsection (i).''; in line 32, by striking ``m'' and inserting
``(n)''; in line 40, by striking ``an'' and inserting ``a nonvoting''; after
line 40, by inserting the following:
  ``(o)  The board may provide to the president of the authority and other
employees designated by the board supplemental benefits in addition to the
benefits provided in section 25, and amendments thereto.'';
  And by relettering the remaining subsection accordingly;
  On page 6, in line 4, after ``by'' where it appears for the last time by
inserting ``act of''; in line 6, by striking ``of directors''; in line 8, by
striking ``of directors''; in line 34, by striking ``of directors''; in line
37, by striking ``of directors'';
  On page 7, in line 14, by striking ``of directors''; in line 23, by
striking ``of directors''; in line 26, by striking ``of directors'';
  On page 8, in line 27, by striking ``monies'' and inserting ``moneys''; in
line 29, by striking ``monies'' and inserting ``moneys''; in line 31, by
striking ``of directors'';
  On page 9, in line 34, by striking ``monies'' and inserting ``moneys'';
after line 41, by inserting the following:
  ``(h)  Any contract entered into by the authority for collection services
shall be based on competitive bids and shall be entered into with a qualified
entity selected pursuant to a competitive bidding procedure administered by
the president in accordance with policies and procedures prescribed by the
board. Each such contract shall be awarded to the lowest responsible bidder,
taking into consideration conformity with specifications, terms of deliv ery
and other conditions imposed in the request for bids, as determined by the
president, or the president's designee, in accordance with the policies and
procedures prescribed by the board.
  (i)  Notwithstanding any provision of law to the contrary, no elective
abortion shall be performed in any medical facility, hospital or clinic
owned, leased or operated by the au thority. The authority shall not enter
into any contract or other agreement, arrangement or relationship providing
for the use of any other medical facility, hospital or clinic for the
performance of any elective abortion.'';
  Also on page 9, in line 43, before ``dates'' by inserting ``transfer'';
  On page 10, in line 3, by striking ``ninety-nine'' and inserting ``99''; in
line 5, by striking ``liabilities'' and inserting ``obligations''; in line
34, after ``2'' by inserting ``and amendments thereto''; in line 35, after
``11'' by inserting ``and amendments thereto''; in line 40, by striking
``Kansas board of'';

772                           JOURNAL OF THE HOUSE

  On page 11, in line 6, by striking ``of di-''; in line 7, by striking all
before ``shall''; in line 13, by striking ``university of Kansas''; in line
14, by striking ``hospital''; in line 23, by striking ``Each person whose
employment will be transferred''; by striking all in line 24; in line 25, by
striking all before the period and inserting the following: ``After receipt
of such notice, each such employee may elect not to be employed by the
authority by submitting a written statement of such election within 45 days
after receipt of such notice''; in line 41, by striking ``Annual'' and
inserting ``Vacation''; in line 42, by striking ``university''; in line 43,
by striking all before ``authority'';
  On page 12, by striking all in lines 27 through 43;
  On page 13, by striking all in lines 1 through 10; in line 24, after
``(b)'' by inserting ``(1)''; in line 25, by striking ``of directors''; after
line 25, by inserting the following:
  ``(2)  For each bond issuance, the board shall select a bond financing
team, including bond counsel and bond underwriter and any other professional
service provider required, to provide all professional services required for
the bond issuance. The selection shall be based on responses to a request for
proposals from qualified professional firms, administered in accordance with
policies adopted by the board.'';
  On page 14, in line 27, by striking ``of directors''; in line 28, by
striking ``of'' where it appears for the last time; in line 29, by striking
``directors''; in line 30, by striking ``of direc-''; in line 31, by striking
``tors''; in line 40, by striking ``of directors'';
  On page 15, in line 3, by striking ``he'' and inserting ``such officer'';
also in line 3, by striking ``of directors'';
  On page 16, in line 22, by striking ``of directors''; in line 37, by
striking ``said'' and inserting ``such'';
  On page 17, in line 37, by striking ``university of Kansas hospital'';
  On page 19, in line 28, by striking ``university of Kansas hospital''; in
line 43, after ``with out'' by inserting ``prior''; also in line 43, by
striking all after ``authorization'';
  On page 20, in line 1, by striking all before the period and inserting ``by
statute''; in line 12, by striking ``marshall or his designee'' and inserting
``marshal, or the state fire marshal's designee,''; in line 22, by striking
``board of''; by striking all in lines 27 through 43;
  By striking all of pages 21 through 26;
  On page 27, by striking all in lines 1 through 27 and inserting the
following:
  ``New Sec. 25.  The authority shall affiliate with the Kansas public
employees retirement system on the transfer date as defined in section 3 and
amendments thereto, in accordance with the provisions of K.S.A. 74-4910 and
74-4927 and amendments thereto for current and future employees. Any person
who was an employee of the university of Kansas medical center and a member
of the system on the transfer date and whose employment is trans ferred to
the authority as provided in the university of Kansas hospital authority act
shall continue to be a member of the system. For all those members of the
faculty and other persons employed by the board of regents who were receiving
assistance in the purchase of retirement annuities as provided in K.S.A.
74-4925 and amendments thereto on the transfer date and whose employment is
transferred to the authority as provided in the university of Kansas hospital
authority act, the authority shall assist such employees in the purchase of
retirement annuities as provided in K.S.A. 74-4925 and amendments thereto and
shall con tinue to provide the insured death and disability benefits as
provided in K.S.A. 74-4927a and 74-4927g and amendments thereto. For future
employees employed by the authority on or after the transfer date, the
authority shall designate whether such employee shall be a member of the
system or whether the authority shall provide assistance in the purchase of
retirement annuities as provided in K.S.A. 74-4925 and amendments thereto.
  Sec. 26.  K.S.A. 1996 Supp. 79-201b is hereby amended to read as follows:
79-201b. The following described property, to the extent herein specified,
shall be and is hereby exempt from all property or ad valorem taxes levied
under the laws of the state of Kansas:
  First. All real property, and tangible personal property, actually
and regularly used exclu sively for hospital purposes by a hospital as the
same is defined by K.S.A. 65-425, and amendments thereto, or a psychiatric
hospital as the same was defined by K.S.A. 59-2902, and amendments thereto,
as in effect on January 1, 1976, which hospital or psychiatric hospital is
operated by a corporation organized not for profit under the laws of the
state of Kansas or by a corporation organized not for profit under the laws
of another state and duly

                                 April 4, 1997                              773

admitted to engage in business in this state as a foreign, not-for-profit
corporation, or a public hospital authority; and all intangible
property including moneys, notes and other evidences of debt, and the income
therefrom, belonging exclusively to such a corporation and used exclusively
for hospital or, psychiatric hospital or public hospital
authority pur poses. This exemption shall not be deemed inapplicable to
property which would otherwise be exempt pursuant to this paragraph because
any such hospital or, psychiatric hospital or public hospital
authority: (a) Uses such property for a nonexempt purpose which is minimal
in scope and insubstantial in nature if such use is incidental to the exempt
purpose enu merated in this paragraph; or (b) is reimbursed for the actual
expense of using such property for the exempt purposes enumerated in this
paragraph or paragraph second of K.S.A. 79201, and amendments thereto; or (c)
permits the use of such property for the exempt purposes enumerated in this
paragraph or paragraph second of K.S.A. 79-201, and amend ments thereto, by
more than one agency or organization for one or more of such purposes.
  Second. All real property, and tangible personal property, actually
and regularly used exclusively for adult care home purposes by an adult care
home as the same is defined by K.S.A. 39-923, and amendments thereto, which
is operated by a corporation organized not for profit under the laws of the
state of Kansas or by a corporation organized not for profit under the laws
of another state and duly admitted to engage in business in this state as a
foreign, not-for-profit corporation, charges to residents for services of
which produce an amount which in the aggregate is less than the actual cost
of operation of the home or the services of which are provided to residents
at the lowest feasible cost, taking into consid eration such items as
reasonable depreciation, interest on indebtedness, acquisition costs,
interest and other expenses of financing acquisition costs, lease expenses
and costs of services provided by a parent corporation at its costs,
contributions to which are deductible under the Kansas income tax act; and
all intangible property including moneys, notes and other evidences of debt,
and the income therefrom, belonging exclusively to such corporation and used
exclusively for adult care home purposes.  The fact that real property or
real or tangible personal property may be leased from a not-for-profit
corporation, which is exempt from federal income taxation pursuant to section
501(c)(3) of the internal revenue code of 1986, and amendments thereto, and
which is the parent corporation to the not-for-profit operator of an adult
care home, shall not be grounds to deny exemption or deny that such property
is actually and regularly used exclusively for adult care home purposes by an
adult care home, nor shall the terms of any such lease be grounds for any
such denial.
  Third. All real property, and tangible personal property, actually
and regularly used ex clusively for private children's home purposes by a
private children's home as the same is defined by K.S.A. 75-3329, and
amendments thereto, which is operated by a corporation organized not for
profit under the laws of the state of Kansas or by a corporation organized
not for profit under the laws of another state and duly admitted to engage in
business in this state as a foreign, not-for-profit corporation, charges to
residents for services of which produce an amount which in the aggregate is
less than the actual cost of operation of the home or the services of which
are provided to residents at the lowest feasible cost, taking into
consideration such items as reasonable depreciation and interest on
indebtedness, and contributions to which are deductible under the Kansas
income tax act; and all intangible property including moneys, notes and other
evidences of debt, and the income therefrom, belonging exclusively to such a
corporation and used exclusively for children's home pur poses.
  Fourth. All real property and tangible personal property, actually
and regularly used ex clusively for housing for elderly and handicapped
persons having a limited or lower income, or used exclusively for cooperative
housing for persons having a limited or low income, assistance for the
financing of which was received under 12 U.S.C.A. 1701 et seq., or
under 42 U.S.C.A. 1437 et seq., which is operated by a corporation
organized not for profit under the laws of the state of Kansas or by a
corporation organized not for profit under the laws of another state and duly
admitted to engage in business in this state as a foreign, not-forprofit
corporation; and all intangible property including moneys, notes and other
evidences of debt, and the income therefrom, belonging exclusively to such a
corporation and used exclusively for the purposes of such housing. For the
purposes of this subsection, cooperative housing shall mean those
not-for-profit cooperative housing projects operating pursuant to

774                           JOURNAL OF THE HOUSE

sections 236 or 221(d)(3), or both, of the national housing act and which
have been approved as a cooperative housing project pursuant to applicable
federal housing administration and U.S. Department of Housing and Urban
Development statutes, and rules and regulations, during such time as the use
of such properties are restricted pursuant to such act, statutes or rules and
regulations.
  Fifth. All real property and tangible personal property, actually and
regularly used exclu sively for housing for elderly persons, which is
operated by a corporation organized not for profit under the laws of the
state of Kansas or by a corporation organized not for profit under the laws
of another state and duly admitted to engage in business in this state as a
foreign, not-for-profit corporation, in which charges to residents produce an
amount which in the aggregate is less than the actual cost of operation of
the housing facility or the services of which are provided to residents at
the lowest feasible cost, taking into consideration such items as reasonable
depreciation and interest on indebtedness and contributions to which are
deductible under the Kansas income tax act; and all intangible property
including mon eys, notes and other evidences of debt, and the income
therefrom, belonging exclusively to such corporation and used exclusively for
the purpose of such housing.
  Sixth. All real property and tangible personal property actually and
regularly used exclu sively for the purpose of group housing of mentally ill
or retarded and other handicapped persons which is operated by a corporation
organized not for profit under the laws of the state of Kansas or by a
corporation organized not for profit under the laws of another state and duly
admitted to engage in business in this state as a foreign, not-for-profit
corporation, in which charges to residents produce an amount which in the
aggregate is less than the actual cost of operation of the housing facility
or the services of which are provided to residents at the lowest feasible
cost, taking into consideration such items as reasonable depreciation and
interest on indebtedness and contributions to which are deductible under the
Kansas income tax act, and which is licensed as a facility for the housing of
mentally ill or retarded and other handicapped persons under the provisions
of K.S.A. 75-3307b, and amendments thereto, or as a rooming or boarding house
used as a facility for the housing of mentally retarded and other handicapped
persons which is licensed as a lodging estab lishment under the provisions of
K.S.A. 36-501 et seq., and amendments thereto.
  The provisions of this section shall apply to all taxable years commencing
after December 31, 1995.
  Sec. 27.  K.S.A. 1996 Supp. 79-3606 is hereby amended to read as follows:
79-3606. The following shall be exempt from the tax imposed by this act:
  (a)  All sales of motor-vehicle fuel or other articles upon which a sales
or excise tax has been paid, not subject to refund, under the laws of this
state except cigarettes as defined by K.S.A. 79-3301 and amendments thereto,
cereal malt beverages and malt products as defined by K.S.A. 79-3817 and
amendments thereto, including wort, liquid malt, malt syrup and malt extract,
which is not subject to taxation under the provisions of K.S.A. 79-41a02 and
amendments thereto, and motor vehicles as defined by K.S.A. 79-1017 and
amendments thereto;
  (b)  all sales of tangible personal property or service, including the
renting and leasing of tangible personal property, purchased directly by the
state of Kansas, a political subdi vision thereof, other than a school or
educational institution, or purchased by a public or private nonprofit
hospital or public hospital authority or nonprofit blood, tissue or
organ bank and used exclusively for state, political subdivision, hospital
or public hospital authority or nonprofit blood, tissue or organ bank
purposes, except when: (1) Such state or, hospital or public
hospital authority is engaged or proposes to engage in any business
specifically taxable under the provisions of this act and such items of
tangible personal property or service are used or proposed to be used in such
business, or (2) such political subdivision is engaged or proposes to engage
in the business of furnishing gas, water, electricity or heat to others and
such items of personal property or service are used or proposed to be used in
such business;
  (c)  all sales of tangible personal property or services, including the
renting and leasing of tangible personal property, purchased directly by a
public or private elementary or sec ondary school or public or private
nonprofit educational institution and used primarily by such school or
institution for nonsectarian programs and activities provided or sponsored

                                 April 4, 1997                              775

by such school or institution or in the erection, repair or enlargement of
buildings to be used for such purposes. The exemption herein provided shall
not apply to erection, con struction, repair, enlargement or equipment of
buildings used primarily for human habita tion;
  (d)  all sales of tangible personal property or services purchased by a
contractor for the purpose of constructing, equipping, reconstructing,
maintaining, repairing, enlarging, fur nishing or remodeling facilities for
any public or private nonprofit hospital or public hospital authority,
public or private elementary or secondary school or a public or private
nonprofit educational institution, which would be exempt from taxation under
the provisions of this act if purchased directly by such hospital or
public hospital authority, school or educational institution; and all
sales of tangible personal property or services purchased by a contractor for
the purpose of constructing, equipping, reconstructing, maintaining,
repairing, enlarging, furnishing or remodeling facilities for any political
subdivision of the state, the total cost of which is paid from funds of such
political subdivision and which would be exempt from taxation under the
provisions of this act if purchased directly by such political subdivision.
Nothing in this subsection or in the provisions of K.S.A. 12-3418 and
amendments thereto, shall be deemed to exempt the purchase of any
construction machinery, equipment or tools used in the constructing,
equipping, reconstructing, maintaining, repairing, enlarging, fur nishing or
remodeling facilities for any political subdivision of the state. As used in
this subsection, K.S.A. 12-3418 and 79-3640, and amendments thereto, ``funds
of a political subdivision'' shall mean general tax revenues, the proceeds of
any bonds and gifts or grantsin-aid. Gifts shall not mean funds used for the
purpose of constructing, equipping, recon structing, repairing, enlarging,
furnishing or remodeling facilities which are to be leased to the donor. When
any political subdivision of the state, public or private nonprofit hospital
or public hospital authority, public or private elementary or secondary
school or public or private nonprofit educational institution shall contract
for the purpose of constructing, equipping, reconstructing, maintaining,
repairing, enlarging, furnishing or remodeling fa cilities, it shall obtain
from the state and furnish to the contractor an exemption certificate for the
project involved, and the contractor may purchase materials for incorporation
in such project. The contractor shall furnish the number of such certificate
to all suppliers from whom such purchases are made, and such suppliers shall
execute invoices covering the same bearing the number of such certificate.
Upon completion of the project the con tractor shall furnish to the political
subdivision, hospital or public hospital authority, school or
educational institution concerned a sworn statement, on a form to be provided
by the director of taxation, that all purchases so made were entitled to
exemption under this sub section. All invoices shall be held by the
contractor for a period of five years and shall be subject to audit by the
director of taxation. If any materials purchased under such a certif icate
are found not to have been incorporated in the building or other project or
not to have been returned for credit or the sales or compensating tax
otherwise imposed upon such materials which will not be so incorporated in
the building or other project reported and paid by such contractor to the
director of taxation not later than the 20th day of the month following the
close of the month in which it shall be determined that such materials will
not be used for the purpose for which such certificate was issued, the
political subdivision, hospital or public hospital authority, school or
educational institution concerned shall be liable for tax on all materials
purchased for the project, and upon payment thereof it may recover the same
from the contractor together with reasonable attorney fees. Any contractor or
any agent, employee or subcontractor thereof, who shall use or otherwise
dispose of any materials purchased under such a certificate for any purpose
other than that for which such a certificate is issued without the payment of
the sales or compensating tax otherwise im posed upon such materials, shall
be guilty of a misdemeanor and, upon conviction therefor, shall be subject to
the penalties provided for in subsection (g) of K.S.A. 79-3615, and amend
ments thereto;
  (e)  all sales of tangible personal property or services purchased by a
contractor for the erection, repair or enlargement of buildings or other
projects for the government of the United States, its agencies or
instrumentalities, which would be exempt from taxation if purchased directly
by the government of the United States, its agencies or instrumentalities.
When the government of the United States, its agencies or instrumentalities
shall contract

776                           JOURNAL OF THE HOUSE

for the erection, repair, or enlargement of any building or other project, it
shall obtain from the state and furnish to the contractor an exemption
certificate for the project involved, and the contractor may purchase
materials for incorporation in such project. The contractor shall furnish the
number of such certificates to all suppliers from whom such purchases are
made, and such suppliers shall execute invoices covering the same bearing the
number of such certificate. Upon completion of the project the contractor
shall furnish to the govern ment of the United States, its agencies or
instrumentalities concerned a sworn statement, on a form to be provided by
the director of taxation, that all purchases so made were entitled to
exemption under this subsection. All invoices shall be held by the contractor
for a period of five years and shall be subject to audit by the director of
taxation. Any contractor or any agent, employee or subcontractor thereof, who
shall use or otherwise dispose of any ma terials purchased under such a
certificate for any purpose other than that for which such a certificate is
issued without the payment of the sales or compensating tax otherwise imposed
upon such materials, shall be guilty of a misdemeanor and, upon conviction
therefor, shall be subject to the penalties provided for in subsection (g) of
K.S.A. 79-3615 and amendments thereto;
  (f)  tangible personal property purchased by a railroad or public utility
for consumption or movement directly and immediately in interstate commerce;
  (g)  sales of aircraft including remanufactured and modified aircraft,
sales of aircraft repair, modification and replacement parts and sales of
services employed in the remanu facture, modification and repair of aircraft
sold to persons using such aircraft and aircraft repair, modification and
replacement parts as certified or licensed carriers of persons or property in
interstate or foreign commerce under authority of the laws of the United
States or any foreign government or sold to any foreign government or agency
or instrumentality of such foreign government and all sales of aircraft,
aircraft parts, replacement parts and services employed in the remanufacture,
modification and repair of aircraft for use outside of the United States;
  (h)  all rentals of nonsectarian textbooks by public or private elementary
or secondary schools;
  (i)  the lease or rental of all films, records, tapes, or any type of sound
or picture tran scriptions used by motion picture exhibitors;
  (j)  meals served without charge or food used in the preparation of such
meals to em ployees of any restaurant, eating house, dining car, hotel,
drugstore or other place where meals or drinks are regularly sold to the
public if such employees' duties are related to the furnishing or sale of
such meals or drinks;
  (k)  any motor vehicle, semitrailer or pole trailer, as such terms are
defined by K.S.A. 8-126 and amendments thereto, or aircraft sold and
delivered in this state to a bona fide resident of another state, which motor
vehicle, semitrailer, pole trailer or aircraft is not to be registered or
based in this state and which vehicle, semitrailer, pole trailer or aircraft
will not remain in this state more than 10 days;
  (l)  all isolated or occasional sales of tangible personal property,
services, substances or things, except isolated or occasional sale of motor
vehicles specifically taxed under the pro visions of subsection (o) of K.S.A.
79-3603 and amendments thereto;
  (m)  all sales of tangible personal property which become an ingredient or
component part of tangible personal property or services produced,
manufactured or compounded for ultimate sale at retail within or without the
state of Kansas; and any such producer, manu facturer or compounder may
obtain from the director of taxation and furnish to the supplier an exemption
certificate number for tangible personal property for use as an ingredient or
component part of the property or services produced, manufactured or
compounded;
  (n)  all sales of tangible personal property which is consumed in the
production, man ufacture, processing, mining, drilling, refining or
compounding of tangible personal prop erty, the treating of by-products or
wastes derived from any such production process, the providing of services or
the irrigation of crops for ultimate sale at retail within or without the
state of Kansas; and any purchaser of such property may obtain from the
director of taxation and furnish to the supplier an exemption certificate
number for tangible personal property for consumption in such production,
manufacture, processing, mining, drilling, refining, compounding, treating,
irrigation and in providing such services;

                                 April 4, 1997                              777

  (o)  all sales of animals, fowl and aquatic plants and animals, the primary
purpose of which is use in agriculture or aquaculture, as defined in K.S.A.
47-1901, and amendments thereto, the production of food for human
consumption, the production of animal, dairy, poultry or aquatic plant and
animal products, fiber or fur, or the production of offspring for use for any
such purpose or purposes;
  (p)  all sales of drugs, as defined by K.S.A. 65-1626 and amendments
thereto, dispensed pursuant to a prescription order, as defined by K.S.A.
65-1626 and amendments thereto, by a licensed practitioner;
  (q)  all sales of insulin dispensed by a person licensed by the state board
of pharmacy to a person for treatment of diabetes at the direction of a
person licensed to practice medicine by the board of healing arts;
  (r)  all sales of prosthetic and orthopedic appliances prescribed in
writing by a person licensed to practice the healing arts, dentistry or
optometry. For the purposes of this sub section, the term prosthetic and
orthopedic appliances means any apparatus, instrument, device, or equipment
used to replace or substitute for any missing part of the body; used to
alleviate the malfunction of any part of the body; or used to assist any
disabled person in leading a normal life by facilitating such person's
mobility; such term shall include acces sories to be attached to motor
vehicles, but such term shall not include motor vehicles or personal property
which when installed becomes a fixture to real property;
  (s)  all sales of tangible personal property or services purchased directly
by a groundwater management district organized or operating under the
authority of K.S.A. 82a-1020 et seq. and amendments thereto, which
property or services are used in the operation or mainte nance of the
district;
  (t)  all sales of farm machinery and equipment or aquaculture machinery and
equipment, repair and replacement parts therefor and services performed in
the repair and maintenance of such machinery and equipment. For the purposes
of this subsection the term ``farm machinery and equipment or aquaculture
machinery and equipment'' shall include machin ery and equipment used in the
operation of Christmas tree farming but shall not include any passenger
vehicle, truck, truck tractor, trailer, semitrailer or pole trailer, other
than a farm trailer, as such terms are defined by K.S.A. 8-126 and amendments
thereto. Each purchaser of farm machinery and equipment or aquaculture
machinery and equipment exempted herein must certify in writing on the copy
of the invoice or sales ticket to be retained by the seller that the farm
machinery and equipment or aquaculture machinery and equipment purchased will
be used only in farming, ranching or aquaculture production. Farming or
ranching shall include the operation of a feedlot and farm and ranch work for
hire and the operation of a nursery;
  (u)  all leases or rentals of tangible personal property used as a dwelling
if such tangible personal property is leased or rented for a period of more
than 28 consecutive days;
  (v)  all sales of food products to any contractor for use in preparing
meals for delivery to homebound elderly persons over 60 years of age and to
homebound disabled persons or to be served at a group-sitting at a location
outside of the home to otherwise homebound elderly persons over 60 years of
age and to otherwise homebound disabled persons, as all or part of any food
service project funded in whole or in part by government or as part of a
private nonprofit food service project available to all such elderly or
disabled persons residing within an area of service designated by the private
nonprofit organization, and all sales of food products for use in preparing
meals for consumption by indigent or homeless individuals whether or not such
meals are consumed at a place designated for such purpose;
  (w)  all sales of natural gas, electricity, heat and water delivered
through mains, lines or pipes: (1) To residential premises for noncommercial
use by the occupant of such premises;   (2) for agricultural use and also,
for such use, all sales of propane gas; (3) for use in the severing of oil;
and (4) to any property which is exempt from property taxation pursuant to
K.S.A. 79-201b Second through Sixth.  As used in this paragraph,
``severing'' shall have the meaning ascribed thereto by subsection (k) of
K.S.A. 79-4216, and amendments thereto;
  (x)  all sales of propane gas, LP-gas, coal, wood and other fuel sources
for the production of heat or lighting for noncommercial use of an occupant
of residential premises;

778                           JOURNAL OF THE HOUSE

  (y)  all sales of materials and services used in the repairing, servicing,
altering, maintain ing, manufacturing, remanufacturing, or modification of
railroad rolling stock for use in interstate or foreign commerce under
authority of the laws of the United States;
  (z)  all sales of tangible personal property and services purchased
directly by a port authority or by a contractor therefor as provided by the
provisions of K.S.A. 12-3418 and amendments thereto;
  (aa)  all sales of materials and services applied to equipment which is
transported into the state from without the state for repair, service,
alteration, maintenance, remanufacture or modification and which is
subsequently transported outside the state for use in the trans mission of
liquids or natural gas by means of pipeline in interstate or foreign commerce
under authority of the laws of the United States;
  (bb)  all sales of used mobile homes or manufactured homes. As used in this
subsection:   (1) ``Mobile homes'' and ``manufactured homes'' shall have the
meanings ascribed thereto by K.S.A. 58-4202 and amendments thereto; and (2)
``sales of used mobile homes or man ufactured homes'' means sales other than
the original retail sale thereof;
  (cc)  all sales of tangible personal property or services purchased for the
purpose of and in conjunction with constructing, reconstructing, enlarging or
remodeling a business or retail business which meets the requirements
established in K.S.A. 74-50,115 and amendments thereto, and the sale and
installation of machinery and equipment purchased for installation at any
such business or retail business. When a person shall contract for the
construction, reconstruction, enlargement or remodeling of any such business
or retail business, such person shall obtain from the state and furnish to
the contractor an exemption certificate for the project involved, and the
contractor may purchase materials, machinery and equipment for incorporation
in such project. The contractor shall furnish the number of such certificates
to all suppliers from whom such purchases are made, and such suppliers shall
execute invoices covering the same bearing the number of such certificate.
Upon completion of the project the contractor shall furnish to the owner of
the business or retail business a sworn statement, on a form to be provided
by the director of taxation, that all purchases so made were entitled to
exemption under this subsection. All invoices shall be held by the contractor
for a period of five years and shall be subject to audit by the director of
taxation. Any contractor or any agent, employee or subcontractor thereof, who
shall use or otherwise dispose of any materials, machinery or equipment
purchased under such a certificate for any purpose other than that for which
such a certificate is issued without the payment of the sales or compensating
tax otherwise imposed thereon, shall be guilty of a misdemeanor and, upon
conviction therefor, shall be subject to the penalties provided for in
subsection   (g) of K.S.A. 79-3615 and amendments thereto. As used in this
subsection, ``business'' and ``retail business'' have the meanings
respectively ascribed thereto by K.S.A. 74-50,114 and amendments thereto;
  (dd)  all sales of tangible personal property purchased with food stamps
issued by the United States department of agriculture;
  (ee)  all sales of lottery tickets and shares made as part of a lottery
operated by the state of Kansas;
  (ff)  on and after July 1, 1988, all sales of new mobile homes or
manufactured homes to the extent of 40% of the gross receipts, determined
without regard to any trade-in allowance, received from such sale. As used in
this subsection, ``mobile homes'' and ``manufactured homes'' shall have the
meanings ascribed thereto by K.S.A. 58-4202 and amendments thereto;
  (gg)  all sales of tangible personal property purchased in accordance with
vouchers issued pursuant to the federal special supplemental food program for
women, infants and children;
  (hh)  all sales of medical supplies and equipment purchased directly by a
nonprofit skilled nursing home or nonprofit intermediate nursing care home,
as defined by K.S.A. 39-923, and amendments thereto, for the purpose of
providing medical services to residents thereof. This exemption shall not
apply to tangible personal property customarily used for human habitation
purposes;
  (ii)  all sales of tangible personal property purchased directly by a
nonprofit organization for nonsectarian comprehensive multidiscipline youth
development programs and activities

                                 April 4, 1997                              779

provided or sponsored by such organization. This exemption shall not apply to
tangible personal property customarily used for human habitation purposes;
  (jj)  all sales of tangible personal property or services, including the
renting and leasing of tangible personal property, purchased directly on
behalf of a community-based mental retardation facility or mental health
center organized pursuant to K.S.A. 19-4001 et seq., and amendments
thereto, and licensed in accordance with the provisions of K.S.A. 75-3307b
and amendments thereto. This exemption shall not apply to tangible personal
property customarily used for human habitation purposes;
  (kk)  on and after January 1, 1989, all sales of machinery and equipment
used directly and primarily for the purposes of manufacturing, assembling,
processing, finishing, storing, warehousing or distributing articles of
tangible personal property in this state intended for resale by a
manufacturing or processing plant or facility or a storage, warehousing or
dis tribution facility:
  (1)  For purposes of this subsection, machinery and equipment shall be
deemed to be used directly and primarily in the manufacture, assemblage,
processing, finishing, storing, warehousing or distributing of tangible
personal property where such machinery and equip ment is used during a
manufacturing, assembling, processing or finishing, storing, ware housing or
distributing operation:
  (A) To effect a direct and immediate physical change upon the tangible
personal property;
  (B)  to guide or measure a direct and immediate physical change upon such
property where such function is an integral and essential part of tuning,
verifying or aligning the component parts of such property;
  (C)  to test or measure such property where such function is an integral
part of the production flow or function;
  (D)  to transport, convey or handle such property during the manufacturing,
processing, storing, warehousing or distribution operation at the plant or
facility; or
  (E)  to place such property in the container, package or wrapping in which
such property is normally sold or transported.
  (2)  For purposes of this subsection ``machinery and equipment used
directly and pri marily'' shall include, but not be limited to:
  (A)  Mechanical machines or major components thereof contributing to a
manufacturing, assembling or finishing process;
  (B)  molds and dies that determine the physical characteristics of the
finished product or its packaging material;
  (C)  testing equipment to determine the quality of the finished product;
  (D)  computers and related peripheral equipment that directly control or
measure the manufacturing process or which are utilized for engineering of
the finished product; and
  (E)  computers and related peripheral equipment utilized for research and
development and product design.
  (3)  ``Machinery and equipment used directly and primarily'' shall not
include:
  (A)  Hand tools;
  (B)  machinery, equipment and tools used in maintaining and repairing any
type of ma chinery and equipment;
  (C)  transportation equipment not used in the manufacturing, assembling,
processing, furnishing, storing, warehousing or distributing process at the
plant or facility;
  (D)  office machines and equipment including computers and related
peripheral equip ment not directly and primarily used in controlling or
measuring the manufacturing process;
  (E)  furniture and buildings; and
  (F)  machinery and equipment used in administrative, accounting, sales or
other such activities of the business;
  (ll)  all sales of educational materials purchased for distribution to the
public at no charge by a nonprofit corporation organized for the purpose of
encouraging, fostering and con ducting programs for the improvement of public
health;
  (mm)  all sales of seeds and tree seedlings; fertilizers, insecticides,
herbicides, germi cides, pesticides and fungicides; and services, purchased
and used for the purpose of pro ducing plants in order to prevent soil
erosion on land devoted to agricultural use;

780                           JOURNAL OF THE HOUSE

  (nn)  except as otherwise provided in this act, all sales of services
rendered by an ad vertising agency or licensed broadcast station or any
member, agent or employee thereof;
  (oo)  all sales of tangible personal property purchased by a community
action group or agency for the exclusive purpose of repairing or weatherizing
housing occupied by low income individuals;
  (pp)  all sales of drill bits and explosives actually utilized in the
exploration and produc tion of oil or gas;
  (qq)  all sales of tangible personal property and services purchased by a
nonprofit mu seum or historical society or any combination thereof, including
a nonprofit organization which is organized for the purpose of stimulating
public interest in the exploration of space by providing educational
information, exhibits and experiences, which is exempt from fed eral income
taxation pursuant to section 501(c)(3) of the federal internal revenue code
of 1986;
  (rr)  all sales of tangible personal property which will admit the
purchaser thereof to any annual event sponsored by a nonprofit organization
which is exempt from federal income taxation pursuant to section 501(c)(3) of
the federal internal revenue code of 1986;
  (ss)  all sales of tangible personal property and services purchased by a
public broad casting station licensed by the federal communications
commission as a noncommercial educational television or radio station; and
  (tt)  all sales of tangible personal property and services purchased by or
on behalf of a not-for-profit corporation which is exempt from federal income
taxation pursuant to section 501(c)(3) of the federal internal revenue code
of 1986, for the sole purpose of constructing a Kansas Korean War
memorial.'';
  And by renumbering sections accordingly;
  Also on page 27, in line 28, by striking ``74-4910, 74-4925,''; also in
line 28, by striking ``and'' and inserting a comma; in line 29, after ``745''
by inserting ``, 79-201b and 79-3606''; in line 31, by striking ``July 1,
1997, and'';
  On page 1, in the title, in line 13, before ``creating'' by inserting
``matters regarding employees thereof, including retirement annuities and
benefits;''; also in line 13, by striking ``and'' where it appears for the
last time; in line 14, by striking all before ``amending''; in line 15, by
striking all before ``75-6117''; also in line 15, by striking ``and'' where
it first appears and inserting a comma; also in line 15, after ``76-745'' by
inserting ``, 79-201b and 79-3606''; and the bill be passed as amended.
  The Committee on Judiciary recommends SB 234, as amended by
Senate Committee of the Whole, be amended on page 1, in line 19, after
``viable'' by inserting ``or when the gestational age of the fetus is 24 or
more weeks''; in line 22, by striking ``: (1) The'' and inserting ``the'';
also in line 22, by striking ``preserve'' and by inserting ``: (1)
Preserve''; in line 23, by striking all after ``(2)''; in line 24, by
striking all before the period and inserting ``prevent the serious risk of
substantial and irreversible impairment of a major bodily func tion of the
pregnant woman''; in line 30, after ``unless'' by inserting ``such person is
a phy sician and has a documented referral from another physician not
financially associated with the physician performing or inducing the abortion
and both physicians determine that''; in line 33, by striking all after
``tion''; by striking all in lines 34 through 37; in line 38, by striking all
before the period and inserting ``in which the fetus is partially delivered
vaginally and then intentionally killed before completing the delivery''; in
line 39, by striking ``(3)'' and inserting:
  ``(c)  A woman upon whom an abortion is performed shall not be prosecuted
under this section for a conspiracy to violate this section pursuant to
K.S.A. 21-3302, and amendments thereto.
  (d)'';
  Also on page 1, in line 42, by striking ``(c) Violation'' and inserting
``(e)  Upon a first conviction of a violation''; also in line 42, by striking
``is'' and inserting ``, a person shall be guilty of''; also in line 42,
following the period, by inserting ``Upon a second or subsequent conviction
of a violation of this section, a person shall be guilty of a severity level
10, person felony.

                                 April 4, 1997                              781

  (f)  If any provision of this section is held to be invalid or
unconstitutional, it shall be conclusively presumed that the legislature
would have enacted the remainder of this section without such invalid or
unconstitutional provision.'';
  In the title, on page 1, in line 13, after ``ACT'', by striking
``prohibiting partial birth''; and inserting ``concerning''; and the bill be
passed as amended.

REPORT OF STANDING COMMITTEE

  Your Committee on Calendar and Printing recommends on requests for
resolutions and certificates that
  Request No. 88, by Representative Grant, congratulating Mike McLean
on winning the Cherokee County spelling championship;
  Request No. 89, by Representative Dahl, congratulating John and Elda
Mellott on their 60th wedding anniversary;
  Request No. 90, by Representatives Lloyd and Freeborn, congratulating
Allison Ryan, wishing her well as she competes in America's Junior Miss
National Program;
  Request No. 91, by Representative Stone, commending Darla J. Mallein
on selection as a Kansas Master Teacher;
  Request No. 92, by Representative Tanner, commending Renita Ubel on
selection as a Master Teacher of Kansas;
  Request No. 93, by Representative Larkin, congratulating Sabetha High
School Girls' Basketball Team on winning the 4A State Championship;
  Request No. 94, by Representative Larkin, congratulating Nemaha
Valley Lady Raiders Volleyball Team on winning the 3A State Championship;
  Request No. 95, by Representative Phelps, congratulating Daniel G.
Rupp for his long service to the city of Hays;
  Request No. 96, by Representative Larkin, congratulating Frankfort
High School Foot ball Team for winning the 2-1A Championship;
  Request No. 97, by Representative Dahl, congratulating Robert and
Della Lawrence on their 50th wedding anniversary;
  Request No. 98, by Representative Dahl, congratulating Arthur and
Linda Jantz on their 50th wedding anniversary;
  Request No. 99, by Representative McKinney, congratulating Mike
Harvey on selection as a 1997 Kansas Master Teacher;
  Request No. 100, by Representatives Shultz, Dahl, Kejr, Samuelson and
Wempe, con gratulating the City of McPherson on its 125th anniversary;
  Request No. 101, by Representative Spangler, congratulating Adam Dale
Foster for outstanding performance at the Kansas State Kids Wrestling
Championship;
  Request No. 102, by Representative Ray, congratulating Avery May,
1997 Kansas State Junior High Chess Champion;
be approved and the Chief Clerk of the House be directed to order the
printing of said certificates and order drafting of said resolutions.
  On motion of Rep. Jennison, the committee report was adopted.
  Upon unanimous consent, the House referred back to the regular order of
business, Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS

  The following bill was introduced and read by title:
  HB 2574, An act requiring certain school districts to transfer
amounts attributable to school facilities weighting from the supplemental
general fund to the general fund, by Com mittee on Appropriations.
  On motion of Rep. Jennison, the House recessed until the sound of the
gavel.

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