J o u r n a l o f t h e S e n a t e SIXTEENTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Tuesday, February 4, 1997--2:30 p.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. President Bond introduced as guest chaplain, Rev. John Erickson, Pastor of Sacred Heart Parish, Topeka, who delivered the invocation: Almighty God, we ask your presence with the members of this body during today's session. Enlighten them with your spirit that they may see beyond immediate concerns with tax policy and other legislation to the ultimate effect their decisions will have on the lives of people--your people. May these senators reflect in their deliberations and decisions qualities we have come to associate with you--wisdom, understanding, patience, compassion, and an overriding sense of justice. We pray this in your name. . . . AMEN INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: SB 180 An act relating to school buses; requiring seat belts, by Committee on Transportation and Tourism. SB 181 An act concerning school district finance; relating to determination of transportation weighting; amending K.S.A. 72-6411 and repealing the existing section, by Committee on Education. SB 182 An act concerning school district finance; revising certain definitions; affecting determination of certain weightings; amending K.S.A. 72-6414 and K.S.A. 1996 Supp. 726407, 72-6410, 72-6412 and 72-6442 and repealing the existing sections; also repealing K.S.A. 1996 Supp. 72-6412a and 72-6442a, by Committee on Education. SB 183 An act relating to property taxation; concerning the exemption therefrom of certain business machinery and equipment; amending K.S.A. 1996 Supp. 79-201w and repealing the existing section, by Committee on Assessment and Taxation. SB 184 An act authorizing cities located within Labette county to impose a retailers' sales tax; amending K.S.A. 1996 Supp. 12-188 and repealing the existing section, by Committee on Assessment and Taxation. SB 185 An act concerning the uniform commercial code; amending K.S.A. 1996 Supp. 84-9-413 and repealing the existing section, by Committee on Commerce. SB 186 An act concerning the state educational institutions; relating to regulation and control of traffic and parking; amending K.S.A. 1996 Supp. 74-3213 and repealing the existing section, by Committee on Ways and Means. SB 187 An act abolishing the corporation for change; relating to the transfer of duties and powers thereof; amending K.S.A. 20-1a11, K.S.A. 1995 Supp. 74-9501, as amended by section 127 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 381808, 75-2935, 75-2935b and 75-7024 and repealing the existing sections; also repealing K.S.A. 38-1801, 38-1802, 38-1803, 38-1805, 38-1806, 38-1809, 38-1810 and 38-1811 and K.S.A. 1996 Supp. 38-1804 and 38-1807, by Committee on Ways and Means. SB 188 An act concerning registration of vehicles; providing for fees for satellite registration facilities; amending K.S.A. 1996 Supp. 8-145d and repealing the existing section, by Committee on Elections and Local Government. SB 189 An act concerning residential building contractors; creating implied warranties of habitability and workmanlike construction, by Committee on Judiciary. SB 190 An act concerning the state certified and licensed real property appraisers act; board actions on licenses and certificates; amending K.S.A. 58-4118 and 58-4123 and repealing the existing sections, by Committee on Elections and Local Government. SB 191 An act concerning civil procedure; relating to subcontractors' liens; amending K.S.A. 1996 Supp. 60-1103b and repealing the existing section, by Committee on Judiciary. SB 192 An act concerning crimes and punishment; relating to arson of a dwelling; amending K.S.A. 21-3718 and repealing the existing section, by Committee on Judiciary. SB 193 An act concerning crimes and punishment; relating to sentencing; proof of offender's criminal history; amending K.S.A. 21-4715 and repealing the existing section, by Committee on Judiciary. SB 194 An act establishing the office of county district attorney in certain counties; amending K.S.A. 22a-107 and repealing the existing section, by Committee on Judiciary. SB 195 An act concerning crimes and punishment; relating to burglary of a dwelling; amending K.S.A. 21-3715 and repealing the existing section, by Committee on Judiciary. SB 196 An act concerning licensed masters level psychologists; amending K.S.A. 1996 Supp. 74-5362, 74-5363 and 74-5366 and repealing the existing sections; also repealing K.S.A. 74-5363, as amended by section 124 of chapter 229 of the 1996 Session Laws of Kansas, by Committee on Public Health and Welfare. SB 197 An act concerning the regulation of pharmacists; amending K.S.A. 65-1626, as amended by section 118 of chapter 229 of the 1996 Session Laws of Kansas, and repealing the existing section, by Committee on Public Health and Welfare. SB 198 An act relating to pharmacists and pharmacies; prescription requirements; amending K.S.A. 1996 Supp. 65-1637 and repealing the existing section, by Committee on Public Health and Welfare. SB 199 An act concerning the state board of pharmacy, grounds for disciplinary actions; amending K.S.A. 1996 Supp. 65-1627 and repealing the existing section, by Committee on Public Health and Welfare. SB 200 An act concerning highways; providing for the implementation of a highway program, by Committee on Transportation and Tourism. SB 201 An act concerning the practice of pharmacy; pharmacy technicians and students; medication profile record system information; persons engaged in pharmacy practice; amending K.S.A. 1996 Supp. 65-1642 and repealing the existing section, by Committee on Public Health and Welfare. SB 202 An act concerning licensed masters level psychologists; practice requirements; amending K.S.A. 1996 Supp. 74-5362 and 74-5363 and repealing the existing sections; also repealing K.S.A. 74-5363, as amended by section 124 of chapter 229 of the 1996 Session Laws of Kansas, by Committee on Public Health and Welfare. SB 203 An act concerning crimes and punishment; relating to criminal trespass; amending K.S.A. 1996 Supp. 21-3721 and repealing the existing section, by Committee on Judiciary. SB 204 An act relating to accident and health insurance; group and individual policies of insurance; amending K.S.A. 1996 Supp. 40-2209, 40-2209d and 40-2209f and repealing the existing sections, by Committee on Financial Institutions and Insurance. SENATE CONCURRENT RESOLUTION No. 1608-- By Committee on Energy and Natural Resources A CONCURRENT RESOLUTION urging the United States Environmental Protection Agency to maintain current air quality standards unless benefit and economic impact demonstrated. WHEREAS, The United States Environmental Protection Agency (EPA) has a responsibility to review periodically National Ambient Air Quality Standards (NAAQS) and EPA has proposed a more stringent standard for ground level ozone and added a separate standard for particulate matter (PM2.5) to the existing ground PM10 standard; and WHEREAS, The State of Kansas and Kansas businesses and citizens have worked hard to maintain and improve air quality, with the knowledge that clean air is good for the environment, the economy and people's health and quality of life; and WHEREAS, Kansas is very proud of its continually improving air quality, with the entire state in attainment for all air quality standards and the Kansas City metropolitan area among the largest cities in the United States in attainment for these standards; and WHEREAS, There is very little existing PM2.5 monitoring data, and there is considerable uncertainty about the scientific validity of the theories, data and conclusions upon which the proposed NAAQS are based and the cost and feasibility of compliance; and WHEREAS, The additional PM2.5 standard being considered could result in many more nonattainment areas in Kansas and expensive pollution prevention programs would impose a significant economic burden on the citizens of the State, especially in rural Kansas, without commensurate air quality benefits; and WHEREAS, a more stringent ozone standard could result in the Kansas City metropolitan area's being designated as ``nonattainment'' simply because of a change in the standard, not because of a change in air quality, thus imposing significant economic, administrative and regulatory burdens on more citizens, businesses and local governments in this state; and WHEREAS, The states of Kansas and Missouri have designated the Mid-America Regional Council to work cooperatively with all stakeholders to recommend a plan to maintain and improve Kansas City air quality and the Council has now submitted recommendations for a comprehensive program to further improve air quality in the Kansas City metropolitan area; Now, therefore, Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the Mid-America Regional Council is commended for its public participation process, which included all stakeholders in the development of its recommendations, and is encouraged to continue to include all affected stakeholders when beginning implementation of its recommendations; and Be it further resolved: That the Legislature supports all current air quality standards and opposes a separate standard for PM2.5 at this time and opposes any change in the ozone standard until such time as the positive benefits of any new air quality programs in the Kansas City metropolitan area have been realized; and Be it further resolved: That the Legislature urges the EPA to continue studying the need for changes in the National Ambient Air Quality Standards but to approve any change only after a cost benefit analysis and a risk assessment, similar to those required for environmental rules and regulations pursuant to K.S.A. 77-416 and amendments thereto, demonstrating the environmental benefit and economic impacts for each unique air shed such as the high plains of Kansas; and Be it further resolved: That the Secretary of State be directed to send enrolled copies of this resolution to the Executive Director of the Mid-America Regional Council, to the Administrator of the United States Environmental Protection Agency for consideration as written testimony for Docket Nos. A-95-54 and A-95-58 and to each member of the Kansas congressional delegation. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills and resolution were referred to Committees as indicated: Commerce: SB 175. Education: SB 170, 171, 172; SCR 1607. Federal and State Affairs: SB 173, 176, 179. Judiciary: SB 174. Public Health and Welfare: HB 2044. Utilities: SB 177. Ways and Means: SB 178. REFERRAL OF APPOINTMENTS The following appointments made by the Governor and submitted to the senate for confirmation, were referred to Committees as indicated: Kansas Development Finance Authority, Carol Marinovich, to fill a four-year term ending January 15, 2001. (Commerce) Kansas Development Finance Authority, Thomas A. Page, to fill a four-year term ending January 15, 2001. (Commerce) Pooled Money Investment Board, Robert J. McAdoo, to fill a four-year term ending March 15, 2000. (Financial Institutions and Insurance) Reports of Standing Committees The Senate Committee on Organization, Calendar and Rules recommends the following changes in the Senate standing committees effective at close of business on Tuesday, February 4, 1997: 1. Senator David Corbin replaces Senator Don Sallee on the Senate Committee on Energy and Natural Resources; 2. Senator David Corbin is appointed chairperson of the Committee on Energy and Natural Resources; 3. Senator Steve Morris replaces Senator Corbin as chairperson of the Committee on Agriculture; 4. Senator Dwayne Umbarger replaces Senator Morris as vice-chairperson of the Committee on Agriculture. Committee on Assessment and Taxation begs leave to submit the following report: The following appointments were referred to and considered by the committee and your committee recommends that the Senate approve and consent to such appointments: By the Governor: State Board of Tax Appeals: K.S.A. 74-2433 Wayne Clayton Vennard, Jr., term expires January 15, 2000 David L. Patton, term expires January 15, 2001 Committee on Commerce recommends SB 135 be passed and, because the committee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent calendar. Committee on Judiciary recommends SB 87 be passed. Also SB 66, 89 be passed and, because the committee is of the opinion that the bills are of a noncontroversial nature, be placed on the consent calendar. SB 9 be amended on page 1, after line 22, by inserting: ``(d) ``Foreign limited liability partnership'' means a partnership that: (1) Is formed under laws other than the laws of this state; and (2) has the status of a limited liability partnership under those laws. (e) ``Limited liability partnership'' means a partnership that has filed a statement of qualification under section 53 and does not have a similar statement in effect in any other jurisdiction.''; And also on page 1, by renumbering subsections (d) through (j) as subsections (f) through (l); On page 2, in line 1, by striking ``(k)'' and inserting ``(m)''; in line 4, after the comma, by inserting ``a statement of qualification under section 53, a statement of foreign qualification under section 57''; in line 6, by striking ``(l)'' and inserting ``(n)''; On page 3, in line 28, by striking ``or''; after line 28, by inserting the following: ``(9) vary the law applicable to a limited liability partnership under subsection (b) of section 6; or''; Also on page 3, in line 29, by striking ``(9)'' and inserting ``(10)''; On page 4, in line 22, by striking ``The'' and inserting ``(a) Except as otherwise provided in subsection (b), the''; in line 23, by striking ``chief executive'' and inserting ``principal''; after line 24, by inserting the following: ``(b) The law of this state governs relations among the partners and between the partners and the partnership and the liability of partners for an obligation of a limited liability partnership.''; Also on page 4, in line 27, before ``A'' by inserting ``(a)''; after line 28, by inserting the following: ``(b) A limited liability partnership continues to be the same entity that existed before the filing of a statement of qualification under section 53.''; On page 7, in line 12, by striking ``chief executive'' and inserting ``principal''; On page 8, in line 37, by striking ``subsection'' and inserting ``subsections''; in line 38, after ``(b)'' by inserting ``and (c)''; after line 42, by inserting the following: ``(c) An obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such a partnership obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed immediately before the vote required to become a limited liability partnership under subsection (b) of section 53.''; On page 9, in line 2, after ``and'' by inserting ``, to the extent not inconsistent with section 17 and amendments thereto,''; in line 9, after ``unless'' by inserting ``the partner is personally liable for the claim under section 17 and amendments thereto and''; On page 11, in line 17, by striking ``chief executive'' and inserting ``principal''; On page 19, in line 10, after ``if'' by inserting ``the partner is liable for the obligation under section 17 and amendments thereto and''; On page 20, in line 1, by striking ``The expiration of'' and inserting ``Within''; in line 3, by striking all after the comma; by striking all in lines 4 and 5; in line 6, by striking all before the semicolon and inserting ``the express will of at least half of the remaining partners to wind up the partnership business, for which purpose a partner's rightful disassociation pursuant to subsection (b)(2)(i) of section 31 and amendments thereto constitutes the expression of that partner's will to wind up the partnership business''; On page 22, in line 2, after ``(b)'' by inserting ``and section 17 and amendments thereto''; in line 18, by striking ``the'' the second time it appears; in line 23, after ``account'' by inserting ``but excluding from the calculation charges attributable to an obligation for which the partner is not personally liable under section 17 and amendments thereto''; in line 24, after ``contribute'' by inserting ``the full amount required under subsection (b)''; in line 27, after ``tions'' by inserting ``for which they are personally liable under section 17 and amendments thereto''; in line 30, after ``ligations'' by inserting ``for which the partner is personally liable under section 17 and amendments thereto''; in line 34, after ``settlement'' by inserting ``and for which the partner is personally liable under section 17 and amendments thereto''; On page 24, in line 4, by striking ``The'' and inserting ``Except as otherwise provided in section 17 and amendments thereto, the''; in line 31, by striking ``chief executive'' and inserting ``principal''; On page 25, in line 21, by striking ``chief''; in line 22, by striking ``executive'' and inserting ``principal''; in line 32, after ``(3)'' by inserting ``except as otherwise provided in section 17 and amendments thereto,''; On page 26, after line 41, by inserting the following sections: ``Sec. 53. (UPA 1001). (a) A partnership may become a limited liability partnership pursuant to this section. (b) The terms and conditions on which a partnership becomes a limited liability partnership must be approved by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions. (c) After the approval required by subsection (b), a partnership may become a limited liability partnership by filing a statement of qualification. The statement must contain: (1) The name of the partnership; (2) the street address of the partnership's principal office and, if different, the street address of an office in this state, if any; (3) if there is no office in this state, the name and street address of the partnership's agent for service of process who must be an individual resident of this state or any other person authorized to do business in this state; (4) a statement that the partnership elects to be a limited liability partnership; and (5) a deferred effective date, if any. (d) The status of a partnership as a limited liability partnership is effective on the later of the filing of the statement or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to subsection (d) of section 5 or revoked pursuant to section 55. (e) The status of a partnership as a limited liability partnership and the liability of its partners is not affected by errors or later changes in the information required to be contained in the statement of qualification under subsection (c). (f) The filing of a statement of qualification establishes that a partnership has satisfied all conditions precedent to the qualification of the partnership as a limited liability partnership. (g) An amendment or cancellation of a statement of qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation. Sec. 54. (UPA 1002). The name of a limited liability partnership must end with ``registered limited liability partnership,'' ``limited liability partnership,'' ``R.L.L.P.,'' ``L.L.P.,'' ``RLLP'' or ``LLP.'' Sec. 55. (UPA 1003). (a) A limited liability partnership, and a foreign limited liability partnership authorized to transact business in this state, shall file an annual report in the office of the secretary of state which contains: (1) The name of the limited liability partnership and the state or other jurisdiction under whose laws the foreign limited liability partnership is formed; (2) the current street address of the partnership's principal office and, if different, the current street address of an office in this state, if any; and (3) if there is no current office in this state, the name and street address of the partnership's current agent for service of process who must be an individual resident of this state or any other person authorized to do business in this state. (b) An annual report must be filed between January 1 and April 1 of each year following the calendar year in which a partnership files a statement of qualification or a foreign partnership becomes authorized to transact business in this state. (c) The secretary of state may administratively revoke the statement of qualification of a partnership that fails to file an annual report when due or to pay the required filing fee. The secretary of state shall provide the partnership at least 60 days' written notice of intent to revoke the statement. The notice must be mailed to the partnership at its principal office set forth in the last filed statement of qualification or annual report. The notice must specify the annual report that has not been filed, the fee that has not been paid and the effective date of the revocation. The revocation is not effective if the annual report is filed and the fee is paid before the effective date of the revocation. (d) A revocation under subsection (c) only affects a partnership's status as a limited liability partnership and is not an event of dissolution of the partnership. (e) A partnership whose statement of qualification has been administratively revoked may apply to the secretary of state for reinstatement within two years after the effective date of the revocation. The application must state: (1) The name of the partnership and the effective date of the revocation; and (2) that the ground for revocation either did not exist or has been corrected. (f) A reinstatement under subsection (e) relates back to and takes effect as of the effective date of the revocation, and the partnership's status as a limited liability partnership continues as if the revocation had never occurred. Sec. 56. (UPA 1101). (a) The laws under which a foreign limited liability partnership is formed govern relations among the partners and between the partners and the partnership and the liability of partners for obligations of the partnership. (b) A foreign limited liability partnership may not be denied a statement of foreign qualification by reason of any difference between the laws under which the partnership was formed and the laws of this state. (c) A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any business or exercise any power that a partnership may not engage in or exercise in this state as a limited liability partnership. Sec. 57. (UPA 1102). (a) Before transacting business in this state, a foreign limited liability partnership must file a statement of foreign qualification. The state must contain: (1) The name of the foreign limited liability partnership which satisfies the requirements of the state or other jurisdiction under whose laws it is formed and ends with ``registered limited liability partnership'', ``limited liability partnership,'' ``R.L.L.P.,'' ``L.L.P.,'' ``RLLP'' or ``LLP;'' (2) the street address of the partnership's principal office and, if different, the street address of an office in this state, if any; (3) if there is no office in this state, the name and street address of the partnership's agent for service of process who must be an individual resident of this state or any other person authorized to do business in this state; and (4) a deferred effective date, if any. (b) The status of a partnership as a foreign limited liability partnership is effective on the later of the filing of the statement of foreign qualification or a date specified in the statement. The status remains effective, regardless of changes in the partnership, until it is canceled pursuant to subsection (d) of section 5 or revoked pursuant to section 55. (c) An amendment or cancellation of a statement of foreign qualification is effective when it is filed or on a deferred effective date specified in the amendment or cancellation. Sec. 58. (UPA 1103). (a) A foreign limited liability partnership transacting business in this state may not maintain an action or proceeding in this state unless it has in effect a statement of foreign qualification. (b) The failure of a foreign limited liability partnership to have in effect a statement of foreign qualification does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this state. (c) Limitations on personal liability of partners are not waived solely by transacting business in this state without a statement of foreign qualification. (d) If a foreign limited liability partnership transacts business in this state without a statement of foreign qualification, the secretary of state is its agent for service of process with respect to claims for relief arising out of the transaction of business in this state. Sec. 59. (UPA 1104). (a) Activities of a foreign limited liability partnership which do not constitute transacting business within the meaning of sections 56 through 60 include: (1) Maintaining, defending or settling an action or proceeding; (2) holding meetings of its partners or carrying on any other activity concerning its internal affairs; (3) maintaining bank accounts; (4) maintaining offices or agencies for the transfer, exchange and registration of the partnership's own securities or maintaining trustees or depositories with respect to those securities; (5) selling through independent contractors; (6) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts; (7) creating or acquiring indebtedness, mortgages or security interests in real or personal property; (8) securing or collecting debts or foreclosing mortgages or other security interests in property securing the debts, and holding, protecting and maintaining property so acquired; (9) conducting an isolated transaction that is completed within 30 days and is not one in the course of similar transactions of like nature; and (10) transacting business in interstate commerce. (b) For purposes of sections 56 through 60, the ownership in this state of income producing real property or tangible personal property, other than property excluded under subsection (a), constitutes transacting business in this state. (c) This section does not apply in determining the contacts or activities that may subject a foreign limited liability partnership to service of process, taxation or regulation under any other law of this state. Sec. 60. (UPA 1105). The attorney general may maintain an action to restrain a foreign limited liability partnership from transacting business in this state in violation of sections 56 through 60.''; And by renumbering sections accordingly; Also on page 26, in line 42, by striking ``1001'' and inserting ``1201''; On page 27, in line 2, by striking ``1002'' and inserting ``1202''; in line 4, by striking ``1003'' and inserting ``1203''; in line 9, by striking ``1006'' and inserting ``1206''; also in lines 9, 17 and 18 by striking ``1997'' and inserting ``1998''; in line 27, by striking ``1007'' and inserting ``1207''; in line 30, after ``after'' by inserting ``January 1, 1998, and''; and the bill be passed as amended. SB 73 be amended on page 1, in line 14, after ``costs'', by inserting ``, fines and restitution''; in line 15, by striking ``for'' and inserting ``in a''; also in line 15, by striking ``costs, based upon''; by striking all in lines 16 and 17; in line 18, by striking all before the period and inserting ``case''; in line 35, before ``person'', by inserting ``district court,''; also in line 35, after ``or'', by inserting ``other''; in line 39, by striking the comma and inserting ``pursuant to K.S.A. 21-4603d, 21-4607, 21-4610, 21-4610a and 22-3801 and amendments thereto''; also in line 39, by striking ``of an''; in line 40, by striking all before ``which''; in line 41, by striking ``funds for restitution,''; also in line 41, after ``costs,'', by inserting ``fines and restitution,''; in line 42, by striking all after ``costs''; by striking all in line 43; On page 2, in line 1, by striking ``order'' and inserting ``and fees''; in line 5, by striking ``subcontractor'' and inserting ``contractor''; in line 8, by striking ``the department of corrections,''; in line 10, by striking all after ``(a)''; in line 11, by striking ``a condition of probation'' and inserting ``At sentencing or at any time during probation''; also in line 11, before ``court'', by inserting ``district''; in line 41, by striking ``public office'' and inserting ``district court''; On page 5, in line 3, by striking ``a public office'' and inserting ``the district court''; in line 6, by striking ``(a)''; by striking all in lines 20 through 32; in line 33, by striking the colon and inserting ``modify or terminate the income withholding order because of a modification or termination of the underlying order for criminal costs.''; by striking all in lines 34 through 43; On page 6, by striking all in lines 1 through 9; in line 10, by striking ``(d)'' and inserting ``(b)''; also in line 10, by striking ``criminal cost'' and inserting ``restitution''; also in line 10, by striking ``the obligee'' and inserting ``a victim or a victim's family''; in line 13, by striking ``(e)'' and inserting ``(c)''; in line 20, by striking ``an obligee'' and inserting ``a victim or a victim's family entitled to restitution''; in line 21, by striking ``obligee'' and inserting ``victim or the victim's family''; in line 25, by striking the comma; by striking all in lines 26 and 27; in line 28, by striking all before ``direct'' and inserting ``by''; also in line 28, after ``obligor'', by inserting ``to the obligee''; in line 38, by striking ``or who has''; by striking all in line 39; in line 40, by striking ``the obligee, the public office, or''; On page 7, in line 15, by striking ``the'' the first time it appears and inserting ``an''; in line 31, by striking all after the period; by striking all in lines 32 through 34; in line 35, by striking ``probation.''; On page 9, after line 1, by inserting a paragraph to read as follows: ``Pursuant to the provisions of sections 1 through 11 and amendments thereto, the court may issue an order for the withholding of income to enforce any order for costs, fees, restitution, reparation, reimbursement or fines entered pursuant to the provisions of this section.''; On page 10, after line 27, by inserting the following: ``Sec. 13. K.S.A. 21-4607 is hereby amended to read as follows: 21-4607. (1) When the law authorizes any other disposition, a fine shall not be imposed as the sole and exclusive punishment unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, the court is of the opinion that the fine alone suffices for the protection of the public. (2) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment, probation or assignment to a community correctional services program unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) the court is of the opinion that a fine is adapted to deterrence of the crime involved or to the correction of the offender. (3) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. (4) Pursuant to the provisions of sections 1 through 11 and amendments thereto, the court may issue an order for the withholding of income to enforce any order for fines entered pursuant to the provisions of this section. Sec. 14. K.S.A. 21-4610 is hereby amended to read as follows: 21-4610. (a) Except as required by subsection (d), nothing in this section shall be construed to limit the authority of the court to impose or modify any general or specific conditions of probation, suspension of sentence or assignment to a community correctional services program, except that the court shall condition any order granting probation, suspension of sentence or assignment to a community correctional services program on the defendant's obedience of the laws of the United States, the state of Kansas and any other jurisdiction to the laws of which the defendant may be subject. (b) The court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation, suspension of sentence or assignment to a community correctional services program. For crimes committed on or after July 1, 1993, in presumptive nonprison cases, the court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation or assignment to a community correctional services program. The court may at any time order the modification of such conditions, after notice to the court services officer or community correctional services officer and an opportunity for such officer to be heard thereon. The court shall cause a copy of any such order to be delivered to the court services officer and the probationer or to the community correctional services officer and the community corrections participant, as the case may be. (c) The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including but not limited to requiring that the defendant: (1) Avoid such injurious or vicious habits, as directed by the court, court services officer or community correctional services officer; (2) avoid such persons or places of disreputable or harmful character, as directed by the court, court services officer or community correctional services officer; (3) report to the court services officer or community correctional services officer as directed; (4) permit the court services officer or community correctional services officer to visit the defendant at home or elsewhere; (5) work faithfully at suitable employment insofar as possible; (6) remain within the state unless the court grants permission to leave; (7) pay a fine or costs, applicable to the offense, in one or several sums and in the manner as directed by the court; (8) support the defendant's dependents; (9) reside in a residential facility located in the community and participate in educational, counseling, work and other correctional or rehabilitative programs; (10) perform community or public service work for local governmental agencies, private corporations organized not for profit, or charitable or social service organizations performing services for the community; (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days determined by the court on the basis of ability to pay, standard of living, support obligations and other factors; (12) participate in a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto; or (13) in felony cases, except for violations of K.S.A. 8-1567 and amendments thereto, be confined in a county jail not to exceed 30 days, which need not be served consecutively. (d) In addition to any other conditions of probation, suspension of sentence or assignment to a community correctional services program, the court shall order the defendant to comply with each of the following conditions: (1) Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court, unless the court finds compelling circumstances which would render a plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor; (2) pay the probation or community correctional services fee pursuant to K.S.A. 214610a, and amendments thereto; and (3) reimburse the state general fund for all or a part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. (e) Pursuant to the provisions of sections 1 through 11 and amendments thereto, the court may issue an order for the withholding of income to enforce any order for costs, fees, restitution, reparation, reimbursement or fines entered pursuant to the provisions of this section. Sec. 15. K.S.A. 21-4610a is hereby amended to read as follows: 21-4610a. (a) Each person placed under the probation supervision of a court services officer or other officer or employee of the judicial branch by a judge of the district court under K.S.A. 21-4610 and amendments thereto and each person assigned to a community correctional services program shall pay a probation or community correctional services fee. If the person was convicted of a misdemeanor, the amount of the probation services fee is $25 and if the person was convicted of a felony, the amount of the probation or community correctional services fee is $50, except that in any case the amount of the probation or community correctional services fee specified by this section may be reduced or waived by the judge if the person is unable to pay that amount. (b) The probation or community correctional services fee imposed by this section shall be charged and collected by the district court. Pursuant to the provisions of sections 1 through 11 and amendments thereto, the court may issue an order for the withholding of income to enforce any order for fees entered pursuant to the provisions of this section. The clerk of the district court shall remit at least monthly all revenues received under this section from probation or community correctional services fees to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the state general fund. (c) This section shall not apply to persons placed on probation or released on parole to reside in Kansas under the uniform act for out-of-state parolee supervision. Sec. 16. K.S.A. 22-3801 is hereby amended to read as follows: 22-3801. (a) If the defendant in a criminal case is convicted, the court costs shall be taxed against the defendant and shall be a judgment against the defendant which may be enforced as judgments for payment of money in civil cases. (b) Jury fees are not court costs and shall be paid by the county in all criminal cases. (c) Whenever jury fees are paid by the county in a case in which the defendant was a person who had been committed to an institution under the control of the secretary of corrections and had not been finally discharged or released from the institution, the department of corrections shall reimburse the county for jury fees paid by the county. The reimbursement shall be paid from funds made available by the legislature for that purpose. (d) The county shall not be reimbursed for the cost of employing a special prosecutor. (e) Pursuant to the provisions of sections 1 through 11 and amendments thereto, the court may issue an order for the withholding of income to enforce any order for costs entered pursuant to the provisions of this section.''; And by renumbering sections accordingly; Also on page 10, in line 28, after ``K.S.A.'', by inserting ``21-4607, 21-4610, 21-4610a and 22-3801 and K.S.A.''; also in line 28, by striking ``is'' and inserting ``are''; On page 1, in the title, in line 9, after ``costs'', by inserting ``, fines and restitution''; in line 10, after ``K.S.A.'', by inserting ``21-4607, 21-4610, 21-4610a and 22-3801 and K.S.A.''; also in line 10, by striking ``section'' and inserting ``sections''; and the bill be passed as amended. REPORT ON ENROLLED BILLS SCR 1603 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on February 4, 1997. COMMITTEE OF THE WHOLE On motion of Senator Emert, the Senate resolved itself into Committee of the Whole, for consideration of bills on the calendar under the heading of General Orders with Senator Sallee in the chair. Recommended that: SB 17, 53, 62 be passed. Also SB 33, 58, 63, 77, 83 be amended by adoption of the committee amendments, and the bills be passed as amended. SB 37 be amended by adoption of the committee amendments, be further amended by motion of Senator Huelskamp on page 2, following line 41, by inserting a new paragraph as follows: ``(I) Notwithstanding any other provisions of this act, school districts shall not adopt policies which interfere with the public policy of this state set forth in subsection (b) of K.S.A. 1996 Supp. 38-141, and amendments thereto.'', and the bill be passed as further amended. On motion of Senator Emert the Senate adjourned until 2:30 p.m., Wednesday, February 5, 1997.