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


                             SIXTY-SIXTH DAY
                                    --------

                                          HALL OF THE HOUSE OF REPRESENTATIVES
                                  TOPEKA, KAN., Sunday, May 4, 1997, 2:00 p.m.

  The House met pursuant to adjournment with Speaker pro tem Wagle in the
chair.
  The roll was called with 123 members present.
  Rep. Pottorff was excused on legislative business.
  Rep. Lloyd was excused on excused absence by the Speaker.
  Prayer by guest chaplain, Dr. E. Bernard Hurd, Jr., Pastor, Calvary Baptist
Church, Topeka:
     Our Father and our God,
     We stand in the shadow of Your almighty presence, realizing You are the
   Giver of every good and perfect gift.
     Among the many blessings You have given us is the ability to govern
   ourselves as a state.
     We thank You for each individual here who is attempting to carry out the
   duties with which they have been entrusted by their communities, sometimes
   with great sacrifice.
     In the midst of debates and issues, we sometimes forget that you are
   looking over our shoulders and scrutinizing our motives and purposes.
     But we pray that You will bestow wisdom and knowledge upon this body and
   allow it to remain focused on Your Divine perspective.
     We are reminded that You assured us in Your Word (John 8:31), if we
   would abide in You . . . we would know the truth and the truth would set
   us free.
     And so we ask also that You will allow truth to prevail here when this
   body has completed its assigned tasks, we pray that You will allow each
   one to return safely to their homes or destinations.
     In the name of Jesus we pray, Amen.

PRESENTATION OF PETITIONS

  The following petition was presented and filed:
  HP 2016, by Rep. McKechnie, a petition condemning HB 2174,
concerning the casino gambling business, signed by Helen Kidder and 19
other citizens of Pittsburg, Frontenac and Arma.

MESSAGE FROM THE SENATE

  The Senate adopts conference committee report on SB 204.
  The Senate adopts conference committee report on HB 2007.
  The Senate adopts conference committee report on HB 2278.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2278, submits the following report:
  The House accedes to all Senate amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed as Amended by
Senate on Final Action, as follows:

                                  May 4, 1997                               993

  On page 1, in the title, in line 27, by striking ``assist'';
  And your committee on conference recommends the adoption of this report.
Sandy Praeger
Larry D. Salmans
Chris Steineger   Conferees on part of Senate Carlos Mayans
James F. Morrison
Jerry Henry   Conferees on part of House   On motion of Rep. Morrison, the
conference committee report on HB 2278 was adopted.
  On roll call, the vote was: Yeas 102; Nays 19; Present but not voting 1;
Absent or not voting 3.
  Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dean,
Dillon, Dreher, Edmonds, Emp son, Faber, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Franklin, Garner, Ger inger, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Helgerson, Henderson, Henry, Holmes, Horst,
Huff, Humerickhouse, Hutchins, Johnson, Johnston, Kirk, Klein, Phil Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, J. Long, Mason, Mayans, McClure,
McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols,
O'Neal, Packer, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Powers,
Presta, Ray, Reardon, Reinhardt, Ruff, Samuelson, Sawyer, Sharp, Showalter,
Shriver, Sloan, Storm, Tanner, Thimesch, To elkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wempe, Wilk,
Wilson.
  Nays: Aurand, Dahl, Freeborn, Hayzlett, Howell, Jennison, Kejr, Phill
Kline, P. Long, Mays, Neufeld, O'Connor, Osborne, Schwartz, Shallenburger,
Shore, Shultz, Stone, Swen son.
  Present but not voting: Powell.
  Absent or not voting: Lloyd, Pottorff, Spangler.

INTRODUCTION OF ORIGINAL MOTIONS

  On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of
the Joint Rules of the Senate and House of Representatives, the rules were
suspended for the purpose of considering HB 2007; SB 11.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2007, submits the following report:
  The House accedes to all Senate amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with Senate
Committee of the Whole amendments, as follows:
  On page 61, by striking lines 14 through 43;
  By striking pages 62 through 67;
  On page 68, preceding line 1, by inserting the following:   ``Sec. 37. 
K.S.A. 61-1729 is hereby amended to read as follows: 61-1729. An action filed
under chapter 61 of the Kansas Statutes Annotated, except an action filed
pursuant to the small claims procedure act, may upon motion of a party and
order of the court for good cause shown, be thereafter governed by the
provisions of chapter 60 of the Kansas Statutes Annotated. The party
obtaining an order under this section shall pay any additional docket fee
required had the action been filed under chapter 60 of the Kansas Statutes
Annotated. Upon such order of the court and payment of any additional
docket under this section, the clerk of the district court shall renumber the
case as a case filed under chapter 60 of the Kansas Statutes Annotated in the
same manner as required by K.S.A. 60-2418 and amendments thereto.'';
  And by renumbering the remaining sections accordingly;

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  Also on page 68, in line 5, before ``60-2007'' by striking ``60-717,''; in
line 6, by striking ``61-2005'' and inserting ``61-1729''; also in line 6,
after ``60-1608'' by striking ``and''; in line 7, by striking ``60-2310'';
  In the title, on page 1, in line 18, by striking ``60-717,''; in line 19,
by striking ``61-2005'' and inserting ``61-1729''; in line 20, by striking
``and 60-2310'';
  And your committee on conference recommends the adoption of this report.
Tim Emert
Greta Goodwin
Edward W. Pugh   Conferees on part of Senate Tim Carmody
Terry Presta
Jim D. Garner   Conferees on part of House   On motion of Rep. Carmody, the
conference committee report on HB 2007 was adopted.
  On roll call, the vote was: Yeas 120; Nays 1; Present but not voting 0;
Absent or not voting 4.
  Yeas: Adkins, Alldritt, Allen, Ballard, Ballou, Beggs, Benlon, Boston,
Bradley, Burroughs, Campbell, Carmody, Compton, Correll, Cox, Crow, Dahl,
Dean, 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, Phil Kline, Krehbiel, Kuether, Landwehr, Lane,
Larkin, J. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Connor,
O'Neal, Osborne, Packer, Pal mer, Pauls, E. Peterson, J. Peterson, Phelps,
Powell, Powers, Presta, Ray, 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: Klein.
  Present but not voting: None.
  Absent or not voting: Aurand, Phill Kline, Lloyd, Pottorff.
  The House stood at ease until the sound of the gavel.
                                   _________
  Speaker pro tem Wagle called the House to order.

CHANGE OF CONFEREES

  Speaker pro tem Wagle announced the appointment of Rep. Welshimer as a
member of the conference committee on HB 2315 to replace Rep. Sawyer.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 11, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee
on con ference further agrees to amend the bill, as printed with House
Committee of the Whole amendments, as follows:
  On page 3, by striking all in lines 17 through 20; in line 21, by striking
``the member may have designated for any other benefits.'';
  On page 5, in line 22, after ``labor'' the second time it appears, by
inserting ``minus one percent'';
  On page 7, in line 39, after the period, by inserting ``Such district
magistrate judge shall be subject to the provisions of subsection (a) (2) of
K.S.A. 20-2610 and amendments thereto.'';

                                  May 4, 1997                               995

  On page 13, in line 6, by striking all after the period; by striking all in
lines 7 through 9; in line 10, by striking ``the member may have designated
for any other benefits.'';
  On page 16, in line 7, by striking ``appointed or elective officer'' and
inserting ``member of a board of county commissioners of any county and any
councilmember or commissioner of a city''; in line 8, by striking all after
``year''; in line 9, by striking all before the semicolon;
  On page 21, after line 20, by inserting the following sections:
  ``Sec. 8.  K.S.A. 1996 Supp. 74-4905 is hereby amended to read as follows:
74-4905. (a) On July 1, 1993, the board of trustees of the Kansas public
employees retirement system, as such board existed on June 30, 1993, is
hereby abolished. On July 1, 1993, there is hereby established a new board of
trustees of the Kansas public employees retirement system. Such board
established on July 1, 1993, shall consist of nine members, as follows:
  (1)  Six appointed members, four appointed by the governor subject to
confirmation by the senate as provided in K.S.A. 75-4315b and amendments
thereto, one appointed by the president of the senate and one appointed by
the speaker of the house of representatives. Except as provided by K.S.A.
1996 Supp. 46-2601, no person appointed to the board whose appointment is
subject to confirmation, shall exercise any power, duty or function as a
member of the board until confirmed by the senate. No more than two members
of the board whose appointment is subject to confirmation shall be from the
same political party;
  (2)  two retirement system members elected by the members and retirants of
the system as provided in subsection (12) of K.S.A. 74-4909 and amendments
thereto. As provided in this subsection, only active and retired members of
the system shall be eligible to be elected to the board and only active and
retired members of the system shall be eligible to elect the two retirement
system members pursuant to this subsection. Inactive members shall not be
eligible to be elected to the board nor to elect the two retirement system
members elected pursuant to this subsection. If a member elected to the
board as provided in this subsection becomes inactive, such member is
disqualified from service on the board and such member's board position shall
be vacant and such vacancy shall be filled as provided in subsection
(b)(1). Of the two retirement system members elected pursuant to this
subsec tion, one shall be a member of the retirement system who is in school
employment as provided in K.S.A. 74-4931 et seq. and amendments thereto
and one shall be a member of the retirement system other than a member who is
in school employment. For purposes of this subsection, retirement system
means the Kansas public employees retirement system, the Kansas police and
firemen's retirement system and the retirement system for judges; and
  (3)  the state treasurer.
  (b) (1)  Except as provided by this paragraph and paragraph (2), all
members of the board as provided in subsection (a)(1) and (a)(2) shall serve
four-year terms, except that of the members first appointed by the governor,
two shall be appointed for two-year terms and the member appointed by the
speaker of the house of representatives shall be appointed for a two-year
term. The governor shall designate the term for which each of the members
first appointed shall serve. All members appointed to fill vacancies in the
membership of the board and all members appointed to succeed members
appointed to membership on the board shall be appointed in like manner as
that provided for the original appointment of the member succeeded. All
members appointed to fill vacancies of a member of the board appointed by the
governor, the president of the senate or the speaker of the house of
representatives shall be appointed to fill the unexpired term of such member.
All vacancies on the board by a member elected by the members and retirants
of the system shall be filled by the board as provided by rules and
regulations adopted as provided in subsection (12) of K.S.A. 74-4909 and
amendments thereto.
  (2)  Except as provided in K.S.A. 1996 Supp. 46-2601, no person appointed
to the board by the governor shall exercise any power, duty or function as a
member of the board until confirmed by the senate. The terms of members
appointed by the governor who are serving on the board on the effective date
of this act shall expire on January 15, of the year in which such member's
term would have expired under the provisions of this section prior to amend
ment by this act. Thereafter, members shall be appointed for terms of four
years and until their successors are appointed and confirmed.

996                           JOURNAL OF THE HOUSE

  (c)  The board shall elect a chairperson of the board at the first regular
meeting held on or after July 1, 1993, and at each annual meeting thereafter
from the members of the board. The chairperson shall preside over meetings of
the board and perform such other duties as required by the board.
  (d)  The chairperson shall appoint another board member as
vice-chairperson, and the vice-chairperson shall perform the duties of
chairperson in the absence of the chairperson or upon the chairperson's
inability or refusal to act.
  (e)  The six members appointed pursuant to subsection (a)(1) shall have
demonstrated experience in the financial affairs of a public or private
organization or entity which employs 100 or more employees or had at least
five years' experience in the field of investment management or analysis,
actuarial analysis or administration of an employee benefit plan.
  (f)  No person shall serve on the board if such person has knowingly
acquired a sub stantial interest in any nonpublicly traded investment made
with moneys of the fund. Any such person who knowingly acquires such an
interest shall vacate such member's position on the board and shall be guilty
of a class A misdemeanor. For purposes of this subsection, ``substantial
interest'' means any of the following:
  (1)  If an individual or an individual's spouse, either individually or
collectively, has owned within the preceding 12 months a legal or equitable
interest exceeding $5,000 or 5% of any business, whichever is less, the
individual has a substantial interest in that business.
  (2)  If an individual or an individual's spouse, either individually or
collectively, has re ceived during the preceding calendar year compensation
which is or will be required to be included as taxable income on federal
income tax returns of the individual and spouse in an aggregate amount of
$2,000 from any business or combination of businesses, the individual has a
substantial interest in that business or combination of businesses.
  (3)  If an individual or an individual's spouse holds the position of
officer, director, associate, partner or proprietor of any business, the
individual has a substantial interest in that business, irrespective of the
amount of compensation received by the individual or individual's spouse.
  (4)  If an individual or an individual's spouse receives compensation which
is a portion or percentage of each separate fee or commission paid to a
business or combination of businesses, the individual has a substantial
interest in any client or customer who pays fees or commissions to the
business or combination of businesses from which fees or commissions the
individual or the individual's spouse, either individually or collectively,
received an ag gregate of $2,000 or more in the preceding calendar year.
  (5)  If an individual or an individual's spouse has received a loan from or
received fi nancing from any bank, savings and loan, credit union or any
other financial institution in an amount which exceeds $2,000, the individual
has a substantial interest in that financial institution.
  As used in this subsection, ``client or customer'' means a business or
combination of businesses.
  Any person who serves on the board shall fully disclose any substantial
interest that such person has in any publicly traded investment made with
moneys of the fund.
  (g)  No person who serves on the board shall be employed for a period of
two years commencing on the date the person no longer serves on the board and
ending two years after such date with any organization in which moneys of the
fund were invested, except that the employment limitation contained in this
subsection shall not apply if such person's employment is with an
organization whose stock or other evidences of ownership are traded on the
public stock or bond exchanges.
  (h)  All members of the board named, appointed or elected to the board
shall be subject to an investigation by the Kansas bureau of investigation or
other criminal justice agencies. Information to be obtained during such
investigation shall include criminal history record information, including
arrest and conviction data, criminal intelligence information and in
formation relating to criminal and background investigations as necessary to
determine qual ifications of such member. Such information shall be forwarded
to the senate committee specified by the president of the senate for such
committee's consideration and other than conviction data, shall be
confidential and shall not be disclosed except to members and employees of
the committee as necessary to determine qualifications of such member. The

                                  May 4, 1997                               997

committee, in accordance with K.S.A. 75-4319 and amendments thereto shall
recess for a closed or executive meeting to receive and discuss information
received by the committee pursuant to this subsection.
  (i)  All of the powers, duties and functions of the board of trustees of
the Kansas public employees retirement system as such board existed prior to
July 1, 1993, are hereby trans ferred to and conferred and imposed upon the
board of trustees established pursuant to this act. The board of trustees of
the Kansas public employees retirement system established pursuant to this
act shall be the successor in every way of the powers, duties and functions
of the board of trustees existing prior to July 1, 1993, in which the same
were vested prior to July 1, 1993.
  Sec. 9.  K.S.A. 1996 Supp. 74-4907 is hereby amended to read as follows:
74-4907. (1) The principal office of the system shall be in quarters at
Topeka, Kansas. Except as otherwise provided, offices shall be assigned
to the system by the secretary of administration. Not withstanding the
provisions of K.S.A. 74-4921 and amendments thereto, expenditures may be made
by the system from the Kansas public employees retirement fund for fiscal
year 1997 and fiscal year 1998 for the acquisition of real estate in Topeka,
Kansas, for offices of the system. In such acquisition, the system's offices
shall not be assigned nor approved by the secretary of administration.
  (2)  The board shall keep a complete record of all proceedings which shall
be open at all reasonable hours to inspection. Any agreement in settlement of
litigation involving the system and the investment of moneys of the fund
shall be open for inspection by any person and suitable facilities shall be
made available by the system for this purpose as provided by the provisions
of K.S.A. 45-215 et seq. and amendments thereto. A report covering the
operation of the system for the past fiscal year, including income and
disbursements, and of the financial condition of the system at the end of
such fiscal year, showing the valuation of assets and investments and
liabilities of the system, shall be delivered after the end of each fiscal
year and prior to January 1 of the next fiscal year to the governor and to
the chairperson of the legislative coordinating council, to the secretary of
the senate and to the chief clerk of the house of representatives and shall
be made readily available to the mem bers and participating employers of the
system. Such report shall include the financial state ments of the system and
supporting schedules, presented in accordance with generally ac cepted
accounting principles. Such supporting schedules presented in the annual
report shall include a listing which reports the cost and the fiscal year end
lower amount of cost or market value for each individual alternative
investment of the system which was initiated on or after July 1, 1991, and
reports, in aggregate, the cost and the fiscal year end lower amount of cost
or market value for those alternative investments of the system initiated
prior to July 1, 1991. The retirement system shall maintain a listing which
reports the cost and the fiscal year end lower amount of cost or market value
for each individual alternative investment of the system which was initiated
prior to July 1, 1991, and such listing shall be available for review in
camera by the joint committee on pensions, investments and benefits and as
may be required under the provisions of the legislative post audit act.'';
  And by renumbering sections accordingly;
  On page 25, in line 31, by striking ``, except that for a state''; by
striking all in lines 32 through 35; in line 36, by striking all before the
period;
  On page 26, in line 9, before the comma, by inserting ``and''; in line 17,
by striking ``and any member of the legislature'';
  On page 29, in line 35, by striking ``during calendar year 1997,''; in line
36, by striking ``$13,500'' and inserting ``$14,000''; by striking all in
lines 37 through 40; in line 41, by striking ``calendar year 2002, in an
amount equal to $30,000 or more'' and inserting ``in any one such calendar
year'';
  On page 41, by striking all in lines 33 through 43;
  By striking all on pages 42 and 43;
  On page 44, by striking all in lines 1 through 11;
  And by renumbering sections accordingly;
  On page 58, in line 43, after ``labor'' by inserting ``minus one percent'';

998                           JOURNAL OF THE HOUSE

  On page 59, in line 14, after ``labor'' by inserting ``minus one percent'';
in line 39, by striking ``long-term'' and inserting ``insured''; also in line
39, by striking ``insured'' and in serting ``long-term'';
  On page 62, by striking all in lines 11 through 43;
  On page 63, by striking all in lines 1 through 8 and inserting the
following:
  ``Sec.22.  K.S.A. 1996 Supp. 74-4939 is hereby amended to read as follows:
74-4939. (1) Except as otherwise provided in this section, the provisions of
K.S.A. 74-4919 and 74-4920, and amendments thereto, shall apply to employee
and employer contributions and obliga tions.
  (2)  The employer contribution rate for participating employers who are
eligible em ployers as specified in subsections (1), (2) and (3) of K.S.A.
74-4931 and amendments thereto shall be as certified by the board.
Participating employers shall certify to the state board of education before
September 15 of each year the anticipated total compensation to be paid
during the next fiscal year to employees who are or are to become members.
The state board of education shall transmit the information necessary to the
division of the budget and the governor who shall include in the budget and
budget document each year thereafter provisions for the transfer from the
state general fund of sufficient sums to satisfy the participating employer's
obligation under this act. The director of accounts and reports shall make a
transfer therefor to the system quarterly, at the same time such employee
contri butions are remitted by such participating employers. Such transfer
from the general fund of sufficient sums to satisfy the participating
employer's obligation shall not include any adjustments for individual
employee's service in prior periods and any required payment by a
participating employer pursuant to section 28 and amendments thereto. The
employer's obligation for such adjustments shall be paid by the participating
employer. Transfers re quired by this subsection shall be provided for
annually by act of the legislature.
  (3)  Participating employers who are eligible employers as specified in
subsection (4) of K.S.A. 74-4931 and amendments thereto shall pay to the
system employer contributions at a rate of contribution as certified by the
board.
  (4)  Upon the effective date of this act, the transfers for the employer's
obligation pur suant to subsection (2) for the quarter commencing on January
1, 1987, shall be made on July 1, 1987, together with interest thereon at the
rate of 6.72% per annum from the date the payment would have been made as
provided in this section immediately prior to this amendment until the date
paid.'';
  Also on page 63, in line 41, by striking ``during calendar year 1997,''; in
line 42, by striking ``$13,500'' and inserting ``$14,000''; also in line 42,
by striking ``; during''; by striking all in line 43;
  On page 64, by striking all in lines 1 through 3, in line 4, by striking
``2002, in an amount equal to $30,000'' and inserting ``in any one such
calendar year''; in line 41, by striking ``during calendar year 1997,''; in
line 42, by striking ``$13,500'' and inserting ``$14,000''; by striking all
in line 43;
  On page 65, by striking all in lines 1 through 3; in line 4, by striking
``endar year 2002, in an amount equal to $30,000'' and inserting ``in any one
such calendar year''; after line 23, by inserting the following:
  ``Sec. 25.  K.S.A. 1996 Supp. 74-4960a is hereby amended to read as
follows: 74-4960a.   (1) If any active contributing member who is appointed
or employed on or after July 1, 1989, or who makes an election pursuant to
K.S.A. 74-4955a and amendments thereto to be covered by the provisions of
this act becomes disabled as defined in subsection (2), such member shall
receive a monthly benefit equal to 50% of the member's final average salary
at the time such member was disabled payable in monthly installments,
accruing from the first day upon which the member ceases to draw
compensation, if a report of the disability in such form and manner as the
board shall prescribe 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 the commencement of such
disability.
  (2)  For the purposes of this section, ``disabled'' means total inability
to perform per manently the duties of the position of policeman or fireman.

                                  May 4, 1997                               999

  (3)  In the event a member who is disabled and entitled to such benefits as
provided in subsection (1) dies after the date of such disability, and no
benefits are payable under subsection (3) of K.S.A. 74-4958 and amendments
thereto, the following benefits shall be payable:
  (i)  To the member's spouse, if lawfully wedded to the member at the time
of the mem ber's death, a lump-sum benefit equal to 50% of the member's final
average salary at the time such member was disabled.
  (ii)  To the member's spouse, if lawfully wedded to the member at the time
of the member's death, an annual benefit equal to 50% of the member's benefit
payable in monthly installments, to accrue from the first day of the month
following the member's date of death and ending on the last day of the month
in which the spouse dies. Commencing on the effective date of this act, any
surviving spouse, who was receiving benefits pursuant to this section and who
had such benefits terminated by reason of such spouse's remarriage, shall be
entitled to once again receive benefits pursuant to this section, except that
such surviving spouse shall not be entitled to recover any benefits not
received after the termination of benefits by reason of such surviving
spouse's remarriage but before the effective date of this act. 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 last 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. Com mencing on the effective date of this act, any child who was
receiving benefits pursuant to this section and who had such benefits
terminated by reason of such child's marriage, shall be entitled to once
again receive benefits pursuant to this section subject to the limitations
contained in this section, except that such child shall not be entitled to
recover any benefits not received after the termination of benefits by reason
of such child's marriage but before the effective date of this act.
  (4)  Any member who was employed for compensation by an employer other than
the member's participating employer and whose disability was incurred in the
course of such other employment shall not be eligible for any of the benefits
provided in subsection (1) or   (3).
  (5)  If a member becomes totally and permanently disabled and no benefits
are payable under subsection (1), the sum of the member's accumulated
contributions shall be paid to the member.
  (6)  Any member receiving benefits under this section shall submit to
medical exami nation, not oftener than annually, by one or more physicians or
any other practitioners 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 examiner's report to the board that the
member is physically able and capable of resuming employment with the
participating employer from whose employment such member was employed prior
to such member's disability, the disability benefits shall terminate. A
member who has been receiv ing benefits under the provisions of this section
and who returns to employment of a par ticipating employer shall immediately
commence accruing service credit which shall be added to that which has been
accrued by virtue of previous service.
  (7)  Any member who has been receiving benefits under the provisions of
this section for a period of five years shall be deemed permanent and shall
not be subject to further medical examinations, except that if the board of
trustees shall have reasonable grounds to question whether the member 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 member's rights in and to all benefits under this
system may be revoked by the board.

1000                          JOURNAL OF THE HOUSE

  (9)  In the event that a member becomes disabled and is eligible for
benefits provided in this section, such member shall be given participating
service credit for the entire period of such disability.
  (10)  Any member who is receiving benefits pursuant to this section shall
file annually a statement of earnings for the previous year in such form and
manner as the board shall prescribe. Any disability benefit paid to a member
entitled to such benefit pursuant to this section shall be reduced by the
board in an amount equal to a $1 reduction in such benefit for every $2 of
earnings of such member which were earned during the previous year while such
member was disabled. Such reduction shall apply only to a member's earnings
which exceed $10,000.
  (11)  Any benefits provided pursuant to this section and any participating
service credit given pursuant to subsection (9) shall terminate upon the
earliest date such member is eligible for retirement upon attainment of the
normal retirement date as provided in K.S.A. 74-4964a and amendments thereto.
  (12)  Any member who has received benefits under the provisions of this
section for a period of five years or more immediately preceding retirement
shall have such member's final average salary adjusted upon retirement by the
actuarial salary assumption rates in existence during such period. Effective
July 1, 1993, each member's current annual rate 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 current annual
rate 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 minus one percent; 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.
  (13)  All payments due under this section to a minor shall be made to a
legally appointed conservator of such minor.
  (14)  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.'';
  And by renumbering sections accordingly;
  On page 68, in line 35, by striking ``determined by the''; by striking all
in line 36; in line 37, by striking ``participating employer'';
  On page 70, in line 17, by striking all after the period; in line 18, by
striking all before ``benefit'' and inserting ``The''; in line 19, by
striking ``1.75%'' and inserting ``1.0%''; in line 20, by striking all after
the period; by striking all in lines 21 through 24; in line 25, by striking
all before ``Such'';
  On page 71, by striking all in lines 3 through 43;
  By striking all on pages 72 through 74;
  On page 75, by striking all in line 1;
  And by renumbering sections accordingly;
  Also on page 75, in line 3, after ``74-4904,'' by inserting ``74-4905,
74-4907,''; in line 5, by striking ``74-4919n, 74-4919p, 74-4919q,''; also in
line 5, by striking ``74-4922,''; in line 6, by striking ``74-4936a,'' and
inserting ``74-4939,''; also in line 6, after ``74-4957a,'' by inserting
``74-4960a,'';
  On page 1, in the title, in line 12, by striking the comma and inserting
``and''; in line 13, by striking ``and benefits of public officers and
employees''; in line 20, by striking ``creation of''; by striking all in
lines 21 and 22; in line 23, by striking ``ployees;''; in line 24, before
``amending'' by inserting ``elected board members; office of system, purchase
of real estate;''; in line 25, after ``74-4904,'' by inserting ``74-4905,
74-4907,''; in line 27, by striking ``744919n, 74-4919p, 74-4919q,''; also in
line 27, by striking ``74-''; in line 28, by striking ``4922,''; also in line
28, by striking ``74-4936a,'' and inserting ``74-4939,''; also in line 28,
after ``744957a,'' by inserting ``74-4960a,''

                                  May 4, 1997                              1001

  And your committee on conference recommends the adoption of this report.
Phil Kline
Mike Farmer
Henry M. Helgerson, Jr.   Conferees on part of House Dave Kerr
Alicia Salisbury
Marge Petty   Conferees on part of Senate   On motion of Rep. Phil Kline to
adopt the conference committee report on SB 11, Rep. Shriver offered a
substitute motion to not adopt the conference committee report and asked that
a new conference committee be appointed. The substitute motion prevailed.
  Speaker pro tem Wagle thereupon appointed Reps. Phil Kline, Farmer and
Helgerson as second conferees on the part of the House.

MESSAGE FROM THE SENATE

  The Senate adopts conference committee report on SB 132.
  The Senate adopts conference committee report on SB 146.

CHANGE OF CONFEREES

  Speaker pro tem Wagle announced the appointment of Reps. Glasscock and
Powers as members of the conference committee on HB 2315 to replace
Reps. Benlon and Tomlinson.

REPORT ON ENGROSSED BILLS

  HB 2022 reported correctly re-engrossed May 4, 1997.
  On motion of Rep. Jennison, the House adjourned until 1:00 p.m., Monday,
May 5, 1997.
                                            CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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