J o u r n a l   o f   t h e   S e n a t e


                               THIRTY-SECOND DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                       Wednesday, February 26, 1997--9:00 a.m.

  The Senate was called to order by President Dick Bond.
  The roll was called with forty senators present.
  Invocation by Chaplain Fred S. Hollomon:
   Heavenly Father,
   Sometimes we are reminded
   When tempers start to flare
   About a certain rule which says,
   ``Please address the chair.''
   When colleagues irritate us
   And we almost start to swear,
   It seems a lot less personal
   When we address the chair.
   A lesson we might learn from this
   When we are on a tear
   Is to take a little time
   To address the Heavenly Chair.
   If speaking to the chairperson
   Seems to cool the air,
   It surely would accomplish more
   To address the Heavenly Chair.
   The next time I get angry
   And start acting like a bear,
   Make me take a minute, Lord,
   To address the Heavenly Chair.
   I pray in the Name of Christ,
   AMEN

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS

  The following bills were referred to Committees as indicated:
  Commerce: HB 2314.
  Energy and Natural Resources: SB 379, 380.
  Transportation and Tourism: HB 2010, 2170, 2202, 2243, 2348, 2350,
2374.

CHANGE OF REFERENCE

  Upon unanimous consent, the President withdrew SB 302 from the
Committee on Ways and Means, and referred the bill to the Committee on
Financial Institutions and Insurance.

CONFIRMATION OF APPOINTMENTS

  In accordance with Senate Rule 56, the following appointments, submitted by
the Governor to the senate for confirmation, were considered.

                               February 26, 1997                            191

  Senator Emert moved the following appointments be confirmed as recommended
by the Standing Senate Committees:
On the appointment to the:
Kansas Development Finance Authority:
  Thomas A. Page, term expires January 15, 2001
  The vote was: Yeas 40, nays 0, present and passing 0, absent or not voting
0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The appointment was confirmed.
On the appointment to the:
Pooled Money Investment Board:
  Robert J. McAdoo, term expires March 15, 2000
  The vote was: Yeas 26, nays 13, present and passing 1, absent or not voting
0.
  Yeas: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Gooch,
Hardenburger, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen,
Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger,
Vidricksen.
  Nays: Barone, Biggs, Downey, Feleciano, Gilstrap, Goodwin, Harris, Hensley,
Jones, Karr, Lee, Petty, Steineger.
  Present and passing: Harrington.
  The appointment was confirmed.
                             EXPLANATION OF VOTE
  Mr. President: Mr. McAdoo is apparently qualified for the position on
the PMI board for which he has been nominated.
  However, in Financial Institutions and Insurance Committee, in Mr. McAdoo's
effort to communicate his unaffiliation with a political party, he admitted
that he had not voted in more than 20 years.
  It is incumbent on all Americans in all stratas of life to take seriously
their responsibility to vote. However, those in leadership positions can be
regarded as pacesetters in this area.
  Each of us are here because thousands of voters took the time and interest
to vote for us. Mr. McAdoo at this time desires our votes for him.  I will be
sending Mr. McAdoo a Voter Registration form and my personal comments
encouraging his participation in the election process.--Karin Brownlee
  Senators Barone, Jordan, Salisbury and Salmans request the record to show
they concur with the ``Explanation of Vote'' offered by Senator Brownlee on
the appointment of Robert J. McAdoo.

FINAL ACTION ON CONSENT CALENDAR

  SB 216, 222, 262, 263 having appeared on the Consent Calendar for the
required two full legislative days without objection from any member, were
considered on final action.
  SB 216, An act concerning civil procedure for limited actions;
relating to application of code of civil procedure; renumbering of case;
amending K.S.A. 61-1729 and repealing the existing section, was considered on
final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  SB 222, An act concerning school districts; relating to leases and
lease-purchase agreements entered into by boards of education; amending
K.S.A. 72-8225 and repealing the existing section, was considered on final
action.

192                          JOURNAL OF THE SENATE

  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  SB 262, An act concerning crimes, criminal procedure and punishment;
relating to sentencing; attorney general; amending K.S.A. 21-4623, 21-4624
and 21-4633 and repealing the existing sections, was considered on final
action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  SB 263, An act concerning criminal procedure; relating to discovery
and inspection; amending K.S.A. 22-3212 and repealing the existing section,
was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS

  SB 38, An act concerning schools; relating to the compulsory attendance age
of children; amending K.S.A. 72-1111, as amended by section 121 of chapter
229 of the 1996 Session Laws of Kansas, and K.S.A. 1995 Supp. 72-1113, as
amended by section 122 of chapter 229 of the 1996 Session Laws of Kansas, and
repealing the existing sections; also repealing K.S.A. 72-1111 and K.S.A.
1996 Supp. 72-1113, was considered on final action.
  On roll call, the vote was: Yeas 27, nays 13, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Biggs, Bond, Brownlee, Corbin, Downey, Emert, Feleciano,
Gilstrap, Goodwin, Hardenburger, Hensley, Jones, Karr, Kerr, Langworthy, Lee,
Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Schraad, Steffes,
Steineger, Umbarger.
  Nays: Becker, Bleeker, Clark, Gooch, Harrington, Harris, Huelskamp, Jordan,
Lawrence, Pugh, Salmans, Tyson, Vidricksen.
  The bill passed, as amended.
                              EXPLANATION OF VOTE
  Mr. President: I vote NO on SB 38.
  Dropping out of school with no place to go, with no skills at age 16 or 17
or 18 is a terrible waste of potential talent. I hope we legislators realize
that not every kid marches to the same drummer. Not every kid was meant to go
to college.
  In Kansas we face tremendous labor shortage of skilled workers and many of
these dropouts instead of roaming the streets could and should have the
opportunity to better themselves with Vo-Tec training.
  Let's not waste these kids. Let's help them get the training they
need.--Rich Becker
  Senators Bleeker, Gooch, Harrington and Tyson request the record to show
they concur with the ``Explanation of Vote'' offered by Senator Becker on
SB 38.
  Sub. SB 185, An act concerning the uniform commercial code;
authorizing rules and regulations, was considered on final action.
  On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent
or not voting 0.

                               February 26, 1997                            193

  Yeas: Barone, Becker, Biggs, Bond, Brownlee, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Jordan,
Karr, Kerr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Ranson,
Salisbury, Schraad, Steffes, Steineger, Umbarger, Vidricksen.
  Nays: Bleeker, Clark, Harrington, Harris, Huelskamp, Lee, Pugh, Salmans,
Tyson.
  The substitute bill passed.
  SB 190, An act concerning the state certified and licensed real
property appraisers act; board actions on licenses and certificates; amending
K.S.A. 58-4118 and 58-4123 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  SB 205, An act concerning townships; relating to certain financial
statements; amending K.S.A. 1996 Supp. 80-410 and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed.
  SB 225, An act concerning insurance; merger and consolidation of
certain insurance entities; amending K.S.A. 1996 Supp. 40-507 and repealing
the existing section, was considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Huelskamp.
  The bill passed.
  SB 256, An act concerning law enforcement; relating to university
police officers; jurisdiction; amending K.S.A. 76-726 and K.S.A. 1996 Supp.
22-2401a and repealing the existing sections, was considered on final action.
  On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Clark, Corbin, Downey, Emert, Feleciano,
Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley, Jones,
Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  Nays: Bleeker, Brownlee, Huelskamp, Pugh.
  The bill passed, as amended.
  SB 261, An act concerning crimes and punishment; relating to
deceptive commercial practices; time limitations; penalties; amending K.S.A.
21-4403 and K.S.A. 1996 Supp. 213106 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Pugh.
  The bill passed, as amended.

194                          JOURNAL OF THE SENATE

  SB 264, An act  concerning criminal procedure; relating to capital
murder; assistance of counsel; requirements; amending K.S.A. 22-4505 and
22-4506 and repealing the existing sections, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed, as amended.
  SB 304, An act relating to the child death review board; authorizing
the establishment of local child death review boards; amending K.S.A.
22a-241, 22a-242, 22a-243 and 22a244 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence,
Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The bill passed, as amended.
  Sub. SCR 1601, A concurrent resolution establishing a task force to
study the insurance industry in Kansas in order to identify programs and
actions that can be undertaken to promote the growth of the existing
industry, enhance its financial viability and attract outof-state insurance
companies to Kansas, was considered on final action.
  On roll call, the vote was: Yeas 27, nays 13, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Corbin, Downey,
Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Kerr, Langworthy,
Lawrence, Lee, Oleen, Petty, Praeger, Schraad, Steffes, Steineger, Tyson,
Vidricksen.
  Nays: Bleeker, Emert, Hardenburger, Harrington, Harris, Huelskamp, Jordan,
Morris, Pugh, Ranson, Salisbury, Salmans, Umbarger.
  The substitute resolution was adopted.
SENATE CONCURRENT RESOLUTION No. 1604--
            By Joint Committee on Pensions, Investments and Benefits
   A PROPOSITION to amend section 2 of article 13 of the constitution of the
                       State of Kansas relating to banks.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the
members elected (or appointed) and qualified to the Senate and two-thirds of
the members elected (or appointed) aqnd qualified to the House of
Representatives concurring therein:
  Section 1.  The following proposition to amend the constitution of the
state of Kansas shall be submitted to the qualified electors of the state for
their approval or rejection: Section 2 of article 13 of the constitution of
the state of Kansas is hereby amended to read as follows:
   (section) 2.  State not to be stockholder. The state shall not be a
   stockholder in any banking institution, except that any retirement or
   pension plan authorized pursuant to the laws of this state may be a
   stockholder in any banking institution.
  Sec. 2.  The following statement shall be printed on the ballot with the
amendment as a whole:
     ``Explanatory statement. The purpose of this amendment is to allow
   any retirement or pension plan authorized pursuant to the laws of this
   state to be a stockholder in any banking institution.
     ``A vote for this amendment would allow any retirement or pension plan
   authorized pursuant to the laws of this state to be a stockholder in any
   banking institution.
     ``A vote against this amendment favors retaining the current prohibition
   against the state and any retirement or pension plan authorized pursuant
   to the laws of this state from being a stockholder in any banking
   institution.''

                               February 26, 1997                            195

  Sec. 3.  This resolution, if approved by two-thirds of the members elected
(or appointed) and qualified to the Senate and two-thirds of the members
elected (or appointed) and qualified to the House of Representatives, shall be
entered on the journals, together with the yeas and nays. The secretary of
state shall cause this resolution to be published as provided by law and shall
cause the proposed amendment to be submitted to the electors of the state at
the general election in the year 1998 unless a special election is called at a
sooner date by concurrent resolution of the legislature, in which case it shall
be submitted to the electors of the state at the special election, was
considered on final action.
  On roll call, the vote was: Yeas 35, nays 5, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris, Hensley,
Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger,
Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen.
  Nays: Clark, Huelskamp, Karr, Pugh, Tyson.
  The resolution was adopted.
  SCR1608, A concurrent resolution urging the United States Environmental
Protection Agency to maintain current air quality standards unless benefit and
economic impact demonstrated, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The resolution was adopted, as amended.

REPORTS OF STANDING COMMITTEES

  Committee on Utilities recommends SB 212 be amended on page 2, in
line 15, before ``within'' by inserting ``or any rule or regulation or practice
pertaining to the service or rates of any such public utility or common
carrier,''; by striking all of lines 26 to 36, inclusive; in line 37, by
striking all before ``if''; in line 41, by striking all after ``order,''; by
striking lines 42 and 43;
  On page 3, by striking line 1; in line 2, by striking all before ``nothing''
and inserting ``and,   (3)''; and the bill be passed as amended.

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 Langworthy in the chair.
  On motion of Senator Langworthy the following report was adopted:
  Recommended that SB 27, 244, 254 be passed.
  Also, SB 32, 165, 166, 186, 245, 286 be amended by adoption of the
committee amendments and the bills be passed as amended.
  The Committee recommended SB 5 be amended by adoption of the committee
amendments and be rereferred to the Committee on Ways and Means.
  Also SB 292 be passed over and retain a place on the calendar.
  On motion of Senator Emert, the Senate recessed until 2:00 p.m.
 Afternoon Session   The Senate met pursuant to recess with President Bond
in the chair.


                               February 26, 1997                            195


MESSAGE FROM THE HOUSE

  Announcing passage of HB 2064, 2073, 2143, 2255, 2289, 2303, 2305, 2307,
2315, 2361, 2403.

196                          JOURNAL OF THE SENATE


INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2064, 2073, 2143, 2255, 2289, 2303, 2305, 2307, 2315,
2361, 2403 were thereupon introduced and read by title.

REPORTS OF STANDING COMMITTEES

  Committee on Assessment and Taxation recommends SB 290 be passed.
  Committee on Commerce begs leave to submit the following report:
  The following appointment was referred to and considered by the committee and
your committee recommends that the Senate approve and consent to such
appointment:
  By the Governor:
Kansas Development Finance Authority: K.S.A. 74-8903
  Carol Marinovich, term expires January 15, 2001
  Committee on Education recommends SB 213 be passed.
  Also SB 65 be amended on page 1, in line 14, by striking ``No'' and
inserting ``A''; also in line 14, after ``shall'', by inserting ``not''; in
line 15, by striking all after ``who''; in line 16, by striking all before
``with'' and inserting ``has attained 21 years of age''; also in line 16, by
striking all after ``with''; in line 18, after the comma, by inserting ``and
subject to the pro visions of subsection (b),''; in line 19, by striking
``may'' and inserting ``must''; in line 24, by striking ``Whenever''; by
striking all of lines 25 through 33; following line 33, by inserting two new
subsections as follows:
  ``(b)  Whenever a school district provides educational services or
educational programs to persons as an alternative to regular school placement,
such persons shall be subject to the same requirements, terms and conditions of
law, rules and regulations and district pol icies as are applicable to persons
in regular school placement.
  (c)  The foregoing provisions of this section do not apply to persons who
have been determined to be exceptional children, except gifted children, under
the provisions of the special education for exceptional children act. Such
persons shall be subject to the provisions of their respective individualized
education programs.'';
  In the title, in line 10, after ``services'', by inserting ``in a regular
school setting''; also in line 10, after ``for'', by inserting ``certain'';
also in line 10, by striking all after ``persons''; in line 11, by striking
``attendance''; and the bill be passed as amended.
  Committee on Elections and Local Government recommends SB 18 be
amended on page 2, by striking all in lines 1 and 2 and inserting:
  ``(i)  unclassified faculty and staff who are associated with centers of
excellence in regents institutions or unclassified faculty and staff whose
research endeavors are supported by funds committed to those centers.'';
  Also on page 2, in line 18, by striking all following ``institution''; in
line 19, by striking all before ``subsection'' and inserting ``subject to''; in
line 22, by striking ``engaging in economic development activities'' and
inserting ``subject to subsection (i) of K.S.A. 46-247, and amend ments
thereto,''; by striking all in lines 26 through 32 and inserting:
  ``New Sec. 3.  The provisions of K.S.A. 46-233, and amendments thereto, shall
apply to officers, employees and board members of Kansas, Inc., and the Kansas
technology enter prise corporation. Officers or employees of the department of
commerce and housing and the officers, employees and board members of Kansas,
Inc. and Kansas technology enter prise corporation in the capacity of such
officer, employee or board member, shall not be involved in the preparation of
or participate in the making of a contract, grant, loan or equity investment
with any person or business by which such officer, employee or board member has
a financial interest or is employed or in whose business any member of such
officer's employee's or board member's immediate family is employed or has a
financial interest. Financial interest shall not include passive investments in
pension systems, annuities, mutual funds or brokerage accounts by an officer,
employee or board member or a member of such officer's, employee's or board
member's immediate family.''; and the bill be passed as amended.
  Also SB 79 be amended by adoption of the amendments recommended by
Senate Com mittee on Elections and Local Government as reported in the Journal
of the Senate on February 13, 1997, and the bill, as printed with amendments by
Senate Committee, be

                               February 26, 1997                            197

further amended, on page 1, in line 26, by striking all after the period; by
striking all in lines 27, 28 and 29;
  On page 2, following line 40, by inserting:
  ``(e)  When used in this section:
  (1)  ``Substantial interest'' shall have the same meaning ascribed thereto by
K.S.A. 46229, and amendments thereto, and any such interest held within the
preceding 12 months of the act or event of participating in the preparation of
making a contract.
  (2)  ``Substantially involved in the preparation of or participate in the
making of a con tract'' means having approved or disapproved a contract or
having provided significant fac tual or specific information or advice or
recommendations in relation to the negotiated terms of the contract.'';  and
the bill be passed as amended.
  SB 112 be amended on page 1, in line 15, following ``person'' by
inserting ``, other than an individual,''; in line 21, following the comma, by
inserting ``a political committee estab lished to support or oppose candidates
of a single party in either the house of representatives or the senate,''; in
line 27, by striking ``or'' and inserting a comma; in line 28, preceding
``during'' by inserting ``or person, other than an individual,''; and the bill
be passed as amended.
  SB 125 be amended on page 2, by striking all of lines 10 through 13; in
line 14, by striking all preceding ``The''; by striking all of lines 20 through
23 and inserting the following:
  ``(d)  Expenditures from the special fund created pursuant to subsection (b)
shall be subject to: (1) The limitations of a budget prepared and made
available to the board of county commissioners by the county treasurer for
expenditures from the fund; (2) personnel policies and procedures established
by the board of county commissioners for all employees other than elected
officials; (3) any pay plan established by the board of county commis sioners
for all county employees other than elected officials; (4) any applicable
collective bargaining agreements or civil service system; and (5) any county
purchasing policies ap plicable to all other elected officials.
  If the county treasurer makes improper expenditures from such special fund,
the county or district attorney may bring a civil action in the district court
and, if the court finds the county treasurer has made improper expenditures or
has otherwise violated the provisions of this subsection, the court may order a
forfeiture to the county general fund of any portion of the county treasurer's
additional compensation authorized under subsection (b).''
  Also on page 2, by striking all of lines 37 through 43;
  On page 3, by striking all of lines 1 through 20 and inserting the following:
  ``Sec. 2.  K.S.A. 1996 Supp. 8-145 is hereby repealed.'';
  By renumbering section 5 as section 3;
  On page 1, in line 10, by striking all following ``amending''; in line 11, by
striking ``and 8145d''; in line 12, by striking ``sections'' and inserting
``section''; and the bill be passed as amended.
  SB 145 be amended on page 1, by striking all of lines 14 through 43;
  On page 2, by striking all of lines 1 through 19; in line 20, by striking
``Sec. 2.'' and inserting ``Section 1.'';
  On page 4, by striking all in lines 25 through 43;
  On page 5, by striking all of lines 1 through 12; in line 13, by striking
``Sec. 4.'' and inserting ``Sec. 2.''; in line 24, by striking ``The'' and
inserting ``Except as provided by K.S.A. 25-2908, and amendments thereto,
the''; in line 25, by striking all following ``officer''; in line 26, by
striking all preceding ``If''; by striking all of lines 34 through 39; in line
40, by striking ``(d)'' and inserting ``(c)'';
  On page 6, in line 9, by striking ``(e)'' and inserting ``(d)''; by striking
all of lines 13 through 35; in line 36, by striking ``Sec. 6.'' and inserting
``Sec. 3.''; in line 40, following ``election'' by inserting ``, or apply for
an advance voting ballot,'';
  On page 8, by striking all of lines 32 through 43;
  On page 9, by striking all of lines 1 through 26 and inserting:
  ``Sec. 4.  K.S.A. 1996 Supp. 25-2908 is hereby amended to read as follows:
25-2908. (a) Each polling place shall use either: (1) A registration book and a
poll book, as defined in K.S.A. 25-2507(a) and K.S.A. 25-2507(b)(1), and
amendments thereto; or (2) a registration book, as defined in K.S.A.
25-2507(b)(2), and amendments thereto. The county election

198                          JOURNAL OF THE SENATE

officer shall determine which books are used in each county, and which book
voters shall sign.
  (b)  Persons desiring to vote shall give their names, and if required their
residence, to the judges of election, one of whom shall announce the name in a
loud and distinct tone of voice, and if the name is in the registration books,
the member of the election board having the registration record shall repeat
the name. For the purpose of identifying voters at the polling place, the voter
shall add the voter's signature, as listed in the registration book, to the
registration book beside the voter's printed name or to the poll book and the
voter shall be allowed to vote. An election board member shall provide the
required signature at the request of and on behalf of any voter who is unable
to personally affix a handwritten signature by reason of physical disability,
visual handicap or lack of proficiency in reading the English language or any
voter 65 or more years of age. The judges shall give the voter one and only one
of each ballot to be cast at the election, on the upper right-hand corner of
each of which shall be written the number corresponding to the voter's number
in the registration book or poll books, and the voter's name shall be marked in
the registration books and the party affiliation list. If the voter refuses to
sign the registration book or poll book, the election board judge shall
challenge such person's vote pursuant to K.S.A. 25-414, and amendments thereto.
  If the name of any person desiring to vote at an election is not in the
registration books, an election board member shall print the name and address
of the person appearing to vote in the registration book or poll book. The
person appearing to vote shall add such person's signature to the registration
book or poll book beside such person's printed name, as listed in the
registration book or poll book, and the election board judge shall challenge
such person's vote pursuant to K.S.A. 25-414, and amendments thereto. During
the pendency of a challenge other voters shall be given ballots and be
permitted to vote.
  (c)  A voter who has received an advance voting ballot may vote a regular
ballot on election day at the precinct polling place where the voter resides if
the voter first returns the advance voting ballot to a judge or clerk at the
precinct polling place. The judge or clerk shall void such advance voting
ballot.
  Sec. 5.  K.S.A. 1996 Supp. 25-1122, 25-1124, 25-2316c and 25-2908 are hereby
re pealed.'';
  By renumbering section 9 as section 5;
  In the title, by striking all of lines 10 and 11 and inserting ``K.S.A. 1996
Supp. 25-1122, 25-1124, 25-2316c and 25-2908 and repealing the existing
sections.''; and the bill be passed as amended.
  SB 232 be amended on page 3, in line 8, preceding ``subcommittees'' by
inserting ``and establish conditions and procedures under which''; in line 11,
following ``act'' by inserting ``or by ordinance of the governing body'';
  On page 6, in line 25, following ``on'' by inserting ``platted''; in line 28,
by striking ``may provide'' and inserting ``also may authorize and establish
conditions'';
  On page 7, in line 9, by striking ``the owners''; in line 11, following
``or'' by inserting ``with''; in line 12, following ``reservation'' by
inserting ``, including dedicated building set back lines or access control'';
in line 13, by striking all following ``vacation''; in line 14, by striking all
preceding ``described''; in line 28, preceding ``shall'' by inserting
``board''; and the bill be passed as amended.
  SB 267 be amended on page 1, in line 29, by striking all following
``state''; in line 30, by striking all preceding ``and''; in line 31, by
striking all after the period; by striking all of line 32; and the bill be
passed as amended.
  SB 323 be amended on page 1, in line 15, before ``A'' by inserting
``(a)''; in line 23, before ``No'' by inserting ``(b)''; in line 26, by
striking all after ``office'' where it appears for the first time; in line 27,
by striking ``county clerk''; following line 27, by inserting a new paragraph:
  ``The provisions of this subsection shall not apply to county clerks in
counties in which an election commissioner has been appointed pursuant to
K.S.A. 19-3419, and amendments thereto.'';
  Also on page 1, in line 29, before ``In'' by inserting ``(a)''; in line 34,
before ``No'' by inserting ``(b)''; in line 37, by striking all after
``office'' where it appears for the first time; in line 38, by striking all
before the period;

                               February 26, 1997                            199

  On page 2, following line 5, by inserting:
  ``New Sec. 3.  No person holding the office of secretary of state shall (a)
hold any office or official position in a political party or (b) serve as a
chairperson or treasurer of a candi date's campaign for any city, county, state
or national office.'';
  By renumbering sections 3 and 4 as sections 4 and 5;
  Also on page 2, in line 7, following ``after'' by inserting ``January 1,
1998, and'';
  In the title, in line 9, by striking ``county clerks and election
commissioners'' and inserting ``state and local election officers'' and the
bill be passed as amended.
  Committee on Energy and Natural Resources recommends SB 276 be
amended on page 1, in line 17, after ``(a)'' by inserting ````Contaminant''
means such alteration of the physical, chemical or biological properties of any
soils and waters of the state as will or is likely to create a nuisance or
render such soils or waters potentially harmful, or injurious to public health,
safety or welfare, or to the plant, animal or aquatic life of the state.
  (b)``;
  Also on page 1, in line 18, by striking ``(b)'' and inserting ``(c)'';
  On page 2, in line 15, after ``agreement'' by inserting ``in accordance with
this act''; in line 22, by striking ``specific''; also in line 22, after
``property'' by inserting ``covered in the application''; in each of lines 33,
35, 36, 37 and 42, by striking ``participant'' and inserting ``applicant'';
  On page 3, in each of lines 2, 3, 6 and 11, by striking ``participant'' and
inserting ``appli cant'';
  On page 4, in lines 15 and 16, by striking ``assumptions''; in line 22, after
``guidelines'' by inserting ``or the results of a risk analysis if such
standards and guidelines are not available''; in line 27, after
``notification'' by inserting ``to the applicant''; in line 30, by striking
``applicant and the department agree to an extension of'' and inserting
``department extends''; in line 34, by striking ``, based''; in line 35, by
striking all before the last ``the''; in line 39, by striking ``property
owner'' and inserting ``applicant'';
  On page 5, in line 6, by striking ``may'' and inserting ``shall''; in line
14, by striking ``a property owner'' and inserting ``an applicant''; in line
24, by striking ``of''; in line 25, by striking all before ``that'' and
inserting ``from the applicant''; in line 34, by striking all after
``assurance''; in line 35, by striking ``sional''; by striking all of lines 38
through 40;
  On page 6, in line 7, by striking ``either''; in line 8, by striking ``is''
and inserting ``may or may not be''; in line 9, by striking all after
``contamination''; in line 10, by striking ``such source''; in line 19, by
striking ``or'' and inserting ``of''; in line 22, by striking ``participant''
and inserting ``applicant''; in line 24, by striking ``participant's'' and
inserting ``applicant's''; in line 26, by striking ``participant'' and
inserting ``applicant''; in line 31, by striking ``(a)''; in line 32, after
``professional'' by inserting ``, as defined by rules and regulations adopted
by the secretary''; by striking all of lines 33 through 36;
  On page 7, in lines 6 and 7, by striking ``a participant'' and inserting ``an
applicant''; in line 7, by striking ``a participant'' and inserting ``an
applicant''; in line 10, after ``statutes'' by inserting ``administered by the
department''; in line 11, after ``regulations'' by inserting ``of the
department''; in line 12, by striking ``a participant'' and inserting ``an
applicant''; in each of lines 14, 17 and 20, by striking ``participant'' and
inserting ``applicant''; after line 20, by inserting:
  ``Sec. 13.  The department shall publish annually in the Kansas register a
summary of the number of applicants, the general categories of those applicants
and the number of cleanups completed pursuant to this act.'';
  By renumbering sections 13 and 14 accordingly; and the bill be passed as
amended.
  Also SCR 1609 be amended on page 2, in line 33, after ``to'' by
inserting ``OTAG,''; and the concurrent resolution be adopted as amended.
  Committee on Financial Institutions and Insurance recommends SB
204 be amended on page 1, in line 42, by striking ``or certificateholder'';
  On page 2, in line 6, after ``employment,'' by inserting ``reduction in the
number of hours of employment, termination of employer contributions toward
such coverage,''; in line 7, after ``divorce'' by inserting ``or legal
separation''; in line 35, after ``(4)'' by inserting ``(a)''; in lines 39 and
40, by striking ``waiting period'' and inserting ``exclusion''; in line 40,
after ``days'' by inserting ``following enrollment'';

200                          JOURNAL OF THE SENATE

  On page 3, in line 3, by striking ``waiting period'' and inserting
``exclusion''; in line 12, by striking ``waiting period'' and inserting
``exclusion''; in line 16, by striking ``place'' and in serting ``placed''; in
line 19, by striking ``(7)''; in lines 21 and 22 by striking ``waiting period''
and inserting ``exclusion'';
  On page 4, in line 1, after ``offers'' by inserting ``group''; in line 15, by
striking ``(7)''; in line 41, by striking ``subsection (b)(3)'' and inserting
``subsections (D)(3) or (D)(4)'';
  On page 5, in line 1, by striking ``a medical service'' and inserting ``an'';
in line 8, by striking ``(D)(3) or (D)(5)'' and inserting ``(F)(3) or (F)(5)'';
in line 14, by striking ``a partic ular'' and inserting ``such''; in line 21,
by striking ``the type of'' and inserting ``such'';
  On page 6, in line 11, by striking ``health status related''; in line 26, by
striking ``three'' and inserting ``two'';
  On page 9, by striking ``(H)'' and inserting ``(I)''; in line 34, by striking
``(H)(21)(b)(ii)'' and inserting ``(I)(21)(b)(ii)'';
  On page 14, in line 22, by striking ``(11)'' and inserting ``(10)'';
  On page 15, in line 42, by striking ``(I)'' and inserting ``(J)'';
  On page 16, in line 6, by striking ``(J)'' and inserting ``(K)''; also in
line 6, by striking all after ``commissioner''; in line 7, by striking all
before the period and inserting ``is hereby authorized to adopt such rules and
regulations as may be necessary to carry out the provi sions of this section'';
  On page 18, in line 14, by striking ``or certificateholder''; in line 20,
after ``employment,'' by inserting ``reduction in the number of hours of
employment, termination of employer contributions toward such coverage,''; in
line 21, after ``divorce'' by inserting ``or legal sep aration''; in line 37,
by striking ``provision'' '' and inserting ``exclusion'' ''
  On page 19, in line 13, by striking `` ``Service waiting period'' '' and
inserting `` ``Waiting period'' ''; in line 21, by striking ``one'' and
inserting ``two'';
  On page 20, in line 5, by striking ``waiting period'' and inserting
``exclusion''; in line 11, by striking ``waiting period'' and inserting
``preexisting conditions exclusion''; in line 32, by striking ``not'';
  On page 21, by striking all of lines 26 to 29, inclusive; in line 30, by
striking ``(d)'' and inserting ``(c)''; in line 34, by striking ``(e)'' and
inserting ``(d)''; in line 38, by striking ``(f)'' and inserting ``(e)'';
  On page 22, in line 4, by striking ``(g)'' and inserting ``(f)''; in line 9,
by striking ``(h)'' and inserting ``(g)''; following line 28, by inserting two
sections as follows:
  ``Sec. 4.  K.S.A. 1996 Supp. 40-3209 is hereby amended to read as follows:
40-3209. (a) All forms of group and individual certificates of coverage and
contracts issued by the or ganization to enrollees or other marketing documents
purporting to describe the organiza tion's health care services shall contain
as a minimum:
  (1)  A complete description of the health care services and other benefits to
which the enrollee is entitled;
  (2)  the locations of all facilities, the hours of operation and the services
which are pro vided in each facility in the case of individual practice
associations or medical staff and group practices, and, in all other cases, a
list of providers by specialty with a list of addresses and telephone numbers;
  (3)  the financial responsibilities of the enrollee and the amount of any
deductible, co payment or coinsurance required;
  (4)  all exclusions and limitations on services or any other benefits to be
provided in cluding any deductible or copayment feature and all restrictions
relating to pre-existing conditions;
  (5)  all criteria by which an enrollee may be disenrolled or denied
reenrollment;
  (6)  service priorities in case of epidemic, or other emergency conditions
affecting de mand for medical services;
  (7)  a provision that an enrollee or a covered dependent of an enrollee whose
coverage under a health maintenance organization group contract has been
terminated for any reason but who remains in the service area and who has been
continuously covered by the health maintenance organization for at least three
months shall be entitled to obtain a converted contract or have such coverage
continued under the group contract for a period of six months following which
such enrollee or dependent shall be entitled to obtain a converted contract

                               February 26, 1997                            201

in accordance with the provisions of this section. The converted contract shall
provide cov erage at least equal to the conversion coverage options generally
available from insurers or mutual nonprofit hospital and medical service
corporations in the service area at the appli cable premium cost. The group
enrollee or enrollees shall be solely responsible for paying the premiums for
the alternative coverage. The frequency of premium payment shall be the
frequency customarily required by the health maintenance organization, mutual
nonprofit hospital and medical service corporation or insurer for the policy
form and plan selected, except that the insurer, mutual nonprofit hospital and
medical service corporation or health maintenance organization shall require
premium payments at least quarterly. The coverage shall be available to all
enrollees of any group without medical underwriting. The require ment imposed
by this subsection shall not apply to a contract which provides benefits for
specific diseases or for accidental injuries only, nor shall it apply to any
employee or member or such employee's or member's covered dependents when:
  (A)  Such person was terminated for cause as permitted by the group contract
approved by the commissioner;
  (B)  any discontinued group coverage was replaced by similar group coverage
within 31 days; or
  (C)  the employee or member is or could be covered by any other insured or
noninsured arrangement which provides expense incurred hospital, surgical or
medical coverage and benefits for individuals in a group under which the person
was not covered prior to such termination. Written application for the
converted contract shall be made and the first premium paid not later than 31
days after termination of the group coverage or receipt of notice of conversion
rights from the health maintenance organization, whichever is later, and shall
become effective the day following the termination of coverage under the group
contract. The health maintenance organization shall give the employee or member
and such employee's or member's covered dependents reasonable notice of the
right to convert at least once within 30 days of termination of coverage under
the group contract. The group contract and certificates may include provisions
necessary to identify or obtain identification of persons and notification of
events that would activate the notice requirements and con version rights
created by this section but such requirements and rights shall not be invali
dated by failure of persons other than the employee or member entitled to
conversion to comply with any such provisions. In addition, the converted
contract shall be subject to the provisions contained in paragraphs (2), (4),
(5), (6), (7), (8), (9), (12), (13), (14), (15), (16), and
(18), (19) and (20) of subsection (D) (I) of K.S.A. 40-2209,
and amendments thereto;
  (8) (A)  group contracts shall contain a provision extending payment of such
benefits until discharged or for a period not less than 31 days following the
expiration date of the contract, whichever is earlier, for covered enrollees
and dependents confined in a hospital on the date of termination;
  (B)  a provision that coverage under any subsequent replacement contract that
is in tended to afford continuous coverage will commence immediately following
expiration of any prior contract with respect to covered services not provided
pursuant to subparagraph   (8)(A); and
  (9)  an individual contract shall provide for a 10-day period for the
enrollee to examine and return the contract and have the premium refunded, but
if services were received by the enrollee during the 10-day period, and the
enrollee returns the contract to receive a refund of the premium paid, the
enrollee must pay for such services.
  (b)  No health maintenance organization authorized under this act shall
contract with any provider under provisions which require enrollees to
guarantee payment, other than copayments and deductibles, to such provider in
the event of nonpayment by the health maintenance organization for any services
which have been performed under contracts be tween such enrollees and the
health maintenance organization. Further, any contract be tween a health
maintenance organization and a provider shall provide that if the health
maintenance organization fails to pay for covered health care services as set
forth in the contract between the health maintenance organization and its
enrollee, the enrollee or covered dependents shall not be liable to any
provider for any amounts owed by the health maintenance organization. If there
is no written contract between the health maintenance organization and the
provider or if the written contract fails to include the above provision,

202                          JOURNAL OF THE SENATE

the enrollee and dependents are not liable to any provider for any amounts owed
by the health maintenance organization.
  (c)  No group or individual certificate of coverage or contract form or
amendment to an approved certificate of coverage or contract form shall be
issued unless it is filed with the commissioner. Such contract form or
amendment shall become effective within 30 days of such filing unless the
commissioner finds that such contract form or amendment does not comply with
the requirements of this section.
  (d)  Every contract shall include a clear and understandable description of
the health maintenance organization's method for resolving enrollee grievances.
  (e)  The provisions of subsections (A), (B) and, (C), (D) and
(E) of K.S.A. 40-2209 and 40-2215 and amendments thereto shall apply to all
contracts issued under this section, and the provisions of such sections shall
apply to health maintenance organizations.
  Sec. 5.  K.S.A. 40-2228 is hereby amended to read as follows: 40-2228. (a)
The com missioner may adopt reasonable rules and regulations:
  (1)  To establish specific standards for policy provisions of long-term care
insurance policies. Such standards shall be in addition to and in accordance
with applicable laws of this state, and shall address terms of renewability,
initial and subsequent conditions of eli gibility, nonduplication of coverage
provisions, coverage of dependents, preexisting condi tions, termination of
insurance, probationary periods, limitations, exceptions, reductions,
elimination periods, requirements for replacement, recurrent conditions and
definitions of terms; and
  (2)  to specify prohibited policy provisions not otherwise specifically
authorized by stat ute which, in the opinion of the commissioner, are unjust,
unfair or unfairly discriminatory to any person insured under a long-term care
insurance policy.
  (b)  Rules and regulations adopted by the commissioner shall:
  (1)  Recognize the unique, developing and experimental nature of long-term
care insur ance; and
  (2)  recognize the appropriate distinctions necessary between group and
individual longterm care insurance policies.
  (c)  The commissioner may adopt rules and regulations establishing loss-ratio
standards for long-term care insurance policies if a specific reference to
long-term care insurance policies is contained in the rules and regulations.
  (d)  No long-term care insurance policy may:
  (1)  Be canceled, nonrenewed, or otherwise terminated solely on the grounds
of the age or the deterioration of the mental or physical health of the insured
individual or certifica teholder; or
  (2)  contain a provision establishing any new waiting period in the event
existing coverage is converted to or replaced by a new or other form within the
same company, except with respect to an increase in benefits voluntarily
selected by the insured individual or group policyholder.
  (e) (1)  No long-term insurance policy or certificate shall use a definition
of preexisting condition which is more restrictive than the following:
``Preexisting condition'' means the existence of symptoms which would cause
an ordinarily prudent person to seek diagnosis, care or treatment, or a
condition for which medical advice or treatment was recommended by, or received
from a provider of health care services, within: a condition for which
medical advice or treatment was recommended by, or received from a provider of
health care services, within six months preceding the effective date of
coverage of an insured person.
  (A)  Six months preceding the effective date of coverage of an insured
person who is 65 years of age or older on the effective date of coverage; or
  (B)  twenty-four months preceding the effective date of coverage of an
insured person who is under age 65 on the effective date of coverage.
  (2)  No long-term care insurance policy shall exclude coverage for a loss or
confinement which is the result of a preexisting condition unless such loss or
confinement begins within: six months following the effective date of
coverage of an insured person.
  (A)  Six months following the effective date of coverage of an insured
person who is 65 years of age or older on the effective date of coverage; or

                               February 26, 1997                            203

  (B)  twenty-four months following the effective date of coverage of an
insured person who is under age 65 on the effective date of coverage.
  (3)  The commissioner may extend the limitation periods set forth in
subsections (e)(1) and (e)(2) above as to specific age group categories or
specific policy forms upon finding that the extension is not contrary to the
best interest of the public.
  (4)  The definition of preexisting condition shall not prohibit an insurer
from using an application form designed to elicit the complete health history
of an applicant, and, on the basis of the answers on that application, from
underwriting in accordance with that insurer's established underwriting
standards.
  (f)  No long-term care insurance policy shall require prior
institutionalization as a con dition precedent to the payment of benefits.
  (g)  In order to provide for fair disclosure in the sale of long-term care
insurance policies:
  (1)  An outline of coverage shall be delivered to an applicant for a
long-term care insur ance policy at the time of application. In the case of
direct response solicitations, the insurer shall deliver the outline of
coverage upon the applicant's request, but regardless of request, shall make
such delivery no later than at the time of policy delivery. Such outline of
coverage shall include:
  (A)  A description of the principal benefits and coverage provided in the
policy;
  (B)  a statement of the principal exclusions, reductions and limitations
contained in the policy;
  (C)  a statement of the renewal provisions, including any reservation in the
policy of a right to change premiums; and
  (D)  a statement that the outline of coverage is a summary of the policy
issued or applied for, and that the policy should be consulted to determine
governing contractual provisions.
  (2)  A certificate issued pursuant to a group long-term care insurance policy
which policy is delivered or issued for delivery in this state shall include
the information required by subsection (B)(4) of K.S.A. 40-2209, and amendments
thereto.
  (h)  No policy shall be advertised, marketed or offered as long-term care
insurance unless it complies with the provisions of this act.'';
  Also on page 22, in line 29, by striking ``4'' and inserting ``6'';
  On page 25, in line 36, by striking ``or service'';
  On page 28, following line 1, by inserting a subsection as follows:
  ``(n)  An accident and sickness insurer offering policies providing hospital,
medical or surgical expense benefits on the individual market as provided in
this section shall actively market such coverage to eligible individuals in the
state.
  (1)  Except as provided in subsection (j)(1)(B)(i) of this section, no
individual health insurance carrier, agent or broker shall, directly or
indirectly, engage in the following activ ities:
  (A)  Encourage or direct individuals to refrain from filing an application
for coverage with the individual health insurance carrier because of the health
status, claims experience, industry occupation or geographic location of the
individual; or
  (B)  encourage or direct individuals to seek coverage from another carrier
because of the health status, claims experience, industry occupation or
geographic location of the in dividual.
  (2)  The provisions of paragraph (1) of this subsection shall not apply with
respect to information provided by an individual health insurance carrier to an
individual regarding the established geographic service area or a restricted
network provision of an individual health insurance carrier.
  (3)  Except as provided in paragraph (2) of this subsection, no individual
health insurance carrier shall, directly or indirectly, enter into any
contract, agreement or arrangement with an agent or broker that provides for or
results in the compensation paid to such person for the sale of a health
benefit plan to be varied because of the health status, claims experience,
industry occupation or geographic location of the individual placed by the
agent or broker with the individual health insurance carrier.
  (4)  No individual health insurance carrier, agent or broker shall induce or
otherwise exclude an individual from health coverage or benefits provided in
connection with the individual's employment.

204                          JOURNAL OF THE SENATE

  (5)  Denial by an individual health insurance carrier of an application for
coverage from an individual shall be in writing and shall state the reason or
reasons for the denial.
  (6)  The commissioner may adopt rules and regulations setting forth
additional standards to provide for the fair marketing and broad availability
of health benefit plans to individuals in this state.
  (7)  If an individual health insurance carrier enters into a contract,
agreement or other arrangement with a third-party administrator to provide
administrative, marketing or other services related to the offering of health
benefits plans to individuals in this state, the thirdparty administrator shall
be subject to this section as if it were an individual health insurance
carrier.
  (8)  An accident and health insurer offering a policy providing hospital,
medical or sur gical expense benefits in both the group and individual markets
shall notify in writing a covered person of such insurer who is covered under a
group policy under a COBRA continuation provision of the availability from such
insurer of individual coverage not subject to underwriting or a new preexisting
condition waiting period upon exhaustion of such COBRA continuation
coverage.'';
  Also on page 28, in line 2, by striking ``(n)'' and inserting ``(o)''; in
line 8, by striking ``or rebates''; in line 11, by striking ``(o)'' and
inserting ``(p)''; in line 16, by striking ``6'' and inserting ``8''; in line
34, by striking ``a medical service'';
  On page 30, in line 3, by striking ``7'' and inserting ``9'';
  On page 31, in line 39, by striking ``8.'' and inserting ``10.  K.S.A.
40-2228 and''; also in line 39, by striking ``and'' and inserting a comma; also
in line 39, before ``are'' by inserting ``and 40-3209''; in line 41, by
striking ``9'' and inserting ``11'';
  On page 1, in the title, in line 10, before ``K.S.A.'' by inserting ``K.S.A.
40-2228 and''; in line 11, by striking the first ``and'' and inserting a comma;
after ``40-2209f'' by inserting ``and 40-3209''; and the bill be passed as
amended.
  Committee on Public Health and Welfare recommends SB 61 be
amended on page 1, in line 23, by striking all after ``podiatrist''; in line
24, by striking ``foot who''; in line 25, before ``as'' by inserting
``including amputation of the toes,''; in line 26, by striking ``podiatric
medicine and surgery'' and inserting ``podiatry''; and the bill be passed as
amended.
  Also SB 164 be amended on page 2, in line 17, by striking ``36'' and
inserting ``24''; also in line 17, by striking ``be required to produce
evidence''; by striking all in line 18; in line 19, by striking all before the
period and inserting ``petition the board for permission prior to subsequent
attempts. The board may require the applicant to submit and complete a plan of
study prior to taking the licensure examination a subsequent time'';
  On page 4, in line 10, by striking ``36'' and inserting ``24''; also in line
10, by striking ``be required to produce evidence''; by striking all in line
11; in line 12, by striking all before the period and inserting ``petition the
board for permission prior to subsequent attempts. The board may require the
applicant to submit and complete a plan of study prior to taking the licensure
examination for a subsequent time'';
  On page 5, in line 22, by striking ``50'' and inserting ``75'';
  On page 6, in line 12, before ``a'' where it appears for the last time by
inserting ``to have been guilty of''; in line 14, by striking ``or''; in line
15, by striking all before ``unless'' and inserting ``involving an illegal drug
offense''; in line 16, before the period, by inserting: ``, except that no
license, certificate of qualification or authorization to practice nursing as a
licensed professional nurse, as a licensed practical nurse, as an advanced
registered nurse practitioner or registered nurse anesthetist shall be granted
to a person with a felony con viction for a crime against persons as specified
in article 37 of chapter 21 of the Kansas Statutes Annotated and acts
amendatory thereof or supplemental thereto'';
  On page 7, in line 37, by striking ``, without charge,'';
  On page 11, in line 29, by striking ``36'' and inserting ``24''; in line 30,
by striking all after ``required''; by striking all in line 31; in line 32, by
striking all before the period and inserting: ``by the board to submit and
complete a plan of study prior to taking the licensure exami nation for a
subsequent time'';
  On page 12, in line 26, by striking ``36'' and inserting ``70''; after line
35, by inserting the following:

                               February 26, 1997                            205

  ``Sec. 10.  K.S.A. 1996 Supp. 65-4209 is hereby amended to read as follows:
65-4209.   (a) The board may deny, revoke, limit or suspend any license to
practice as a mental health technician issued or applied for in accordance with
the provisions of this act, may publicly or privately censure a licensee or may
otherwise discipline a licensee upon proof that the licensee:
  (1)  Is guilty of fraud or deceit in procuring or attempting to procure a
license to practice mental health technology;
  (2)  is unable to practice with reasonable skill and safety due to current
abuse of drugs or alcohol;
  (3)  to be a person who has been adjudged in need of a guardian or
conservator, or both, under the act for obtaining a guardian or conservator, or
both, and who has not been restored to capacity under that act;
  (4)  is incompetent or grossly negligent in carrying out the functions of a
mental health technician;
  (5)  has committed unprofessional conduct as defined by rules and regulations
of the board;
  (6)  has been convicted of a felony or has been convicted of a misdemeanor
involving an illegal drug offense, if the board determines, after
investigation, that the person has not been sufficiently rehabilitated
unless the applicant or licensee establishes sufficient rehabil
itation to warrant the public trust, except that no license, certificate
of qualification or au thorization to practice as a licensed mental health
technician shall be granted to a person with a felony conviction for a crime
against persons as specified in article 37 of chapter 21 of the Kansas Statutes
Annotated and acts amendatory thereof or supplemental thereto;
  (7)  has committed an act of professional incompetency as defined in
subsection (e);
  (8)  to have willfully or repeatedly violated the provisions of the mental
health techni cian's licensure act or rules and regulations adopted under that
act and amendments thereto; or
  (9)  to have a license to practice mental health technology denied, revoked,
limited or suspended, or to be publicly or privately censured, by a licensing
authority of another state, agency of the United States government, territory
of the United States or country or to have other disciplinary action taken
against the applicant or licensee by a licensing authority of another state,
agency of the United States government, territory of the United States or
country. A certified copy of the record or order of public or private censure,
denial, sus pension, limitation, revocation or other disciplinary action of the
licensing authority of an other state, agency of the United States government,
territory of the United States or country shall constitute prima facie evidence
of such a fact for purposes of this paragraph (9).
  (b)  Upon filing a sworn complaint with the board charging a person with
having been guilty of any of the unlawful practices specified in subsection
(a), two or more members of the board shall investigate the charges, or the
board may designate and authorize an em ployee or employees of the board to
conduct an investigation. After investigation, the board may institute charges.
If an investigation, in the opinion of the board, reveals reasonable grounds to
believe the applicant or licensee is guilty of the charges, the board shall fix
a time and place for proceedings, which shall be conducted in accordance with
the Kansas administrative procedure act.
  (c)  No person shall be excused from testifying in any proceedings before the
board under the mental health technician's licensure act or in any civil
proceedings under such act before a court of competent jurisdiction on the
ground that the testimony may incrim inate the person testifying, but such
testimony shall not be used against the person for the prosecution of any crime
under the laws of this state except the crime of perjury as defined in K.S.A.
21-3805 and amendments thereto.
  (d)  If final agency action of the board in a proceeding under this section
is adverse to the applicant or licensee, the costs of the board's proceedings
shall be charged to the ap plicant or licensee as in ordinary civil actions in
the district court, but if the board is the unsuccessful party, the costs shall
be paid by the board. Witness fees and costs may be taxed by the board
according to the statutes relating to procedure in the district court. All
costs accrued by the board, when it is the successful party, and which the
attorney general certifies cannot be collected from the applicant or licensee
shall be paid from the board of nursing

206                          JOURNAL OF THE SENATE

fee fund. All moneys collected following board proceedings shall be credited in
full to the board of nursing fee fund.
  (e)  As used in this section, ``professional incompetency'' means:
  (1)  One or more instances involving failure to adhere to the applicable
standard of care to a degree which constitutes gross negligence, as determined
by the board;
  (2)  repeated instances involving failure to adhere to the applicable
standard of care to a degree which constitutes ordinary negligence, as
determined by the board; or
  (3)  a pattern of practice or other behavior which demonstrates a manifest
incapacity or incompetence to practice mental health technology.
  (f)  The board upon request shall receive from the Kansas bureau of
investigation, with out charge, such criminal history record information
relating to criminal convictions as necessary for the purpose of determining
initial and continuing qualifications of licensees of and applicants for
licensure by the board.
  (g)  All proceedings under this section shall be conducted in accordance with
the pro visions of the Kansas administrative procedure act.'';
  And by renumbering sections accordingly;
  On page 13, in line 31, by striking ``and'' and inserting a comma; also in
line 31, after ``65-4203'' by inserting ``and 65-4209'';
  On page 1, in the title, in line 12, by striking ``and'' where it appears for
the first time and inserting a comma; also in line 12, after ``65-4203'' by
inserting ``and 65-4209''; and the bill be passed as amended.
  SB 197 be amended on page 1, after line 38, by inserting the following:
  ``(g)  ``Direct supervision'' means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy student or
pharmacy technician to a sufficient degree to assure that all such activities
are performed accurately, safely and without risk or harm to patients, and
complete the final check before dispensing.'';
  And by relettering subsections accordingly;
  On page 4, in line 3, after ``individual'' by inserting ``who,''; also in
line 3, before ``super vision'' by inserting ``direct''; in line 4, by striking
``. A pharmacy technician'' and inserting a comma; in line 6, by striking
``assist'' and inserting ``who assists''; in line 7, by striking ``shall'' and
inserting ``who does'';
  On page 5, by striking all in lines 14 through 18; after line 36, by
inserting the following:
  ``Sec. 2.  K.S.A. 1996 Supp. 65-1642 is hereby amended to read as follows:
65-1642. (a) Each pharmacy shall be equipped with proper pharmaceutical
utensils, in order that pre scriptions can be properly filled and United States
pharmacopoeia and national formulary preparations properly compounded, and with
proper sanitary appliances which shall be kept in a clean and orderly manner.
The board shall prescribe the minimum of such professional and technical
equipment which a pharmacy shall at all times possess, and such list shall
include the latest revisions of the United States pharmacopoeia dispensing
information and all supplements thereto. The ratio of supportive personnel
performing nonjudgmental func tions in the compounding area of the pharmacy
under the direction of a pharmacist, ex cluding pharmacist interns, to licensed
pharmacists shall not exceed a one-to-one ratio in other than medical care
facility pharmacies and a two-to-one ratio for medical care facility pharmacies
except that any pharmacy may be specifically authorized by the board to exceed
the ratio established under this subsection for that pharmacy upon the approval
of a specific plan describing the manner in which additional supportive
personnel shall be supervised.
  (b) (1)  Each pharmacy technician employed by a pharmacy shall be
registered with the board before entering upon any of the duties authorized by
subsection (v) of K.S.A. 65-1626 and amendments thereto. A pharmacy technician
shall register with the board by completing and filing with the board a
registration form prescribed by the board and by paying the fee prescribed by
subsection (b)(15) of K.S.A. 65-1645 and amendments thereto. A pharmacy
technician shall renew the pharmacy technician's registration annually by
paying the re newal fee prescribed by subsection (b)(15) of K.S.A. 65-1645 and
amendments thereto.
  (2)  A pharmacy technician shall work under the direct supervision and
control of a pharmacist. It shall be the responsibility of the pharmacist to
determine that the pharmacy technician is in compliance with the applicable
rules and regulations of the board, and the pharmacist who supervises a
pharmacy technician shall be responsible for the acts and

                               February 26, 1997                            207

omissions of the pharmacy technician in the performance of the pharmacy
technician's du ties. The ratio of pharmacy technicians to pharmacists in the
prescription area of a pharmacy shall not exceed a two-to-one ratio.
  (3)  The board shall adopt such rules and regulations as are necessary to
ensure that pharmacy technicians are adequately trained as to the nature and
scope of their lawful duties.
  (b) (c)  Each pharmacy shall keep a suitable book or file which
records every prescription order filled at the pharmacy and a medication
profile record system as provided under subsection (c) (d). The
book or file of prescription orders shall be kept for a period of not less than
five years. The book or file of prescription orders shall at all times be open
to inspection by members of the board, the secretary of health and environment,
the duly authorized agents or employees of such board or secretary and other
proper authorities.
  (c) (d) (1)  A medication profile record system shall be
maintained in all pharmacies for persons for whom prescriptions are dispensed.
The following information shall be recorded: (A) The name and address of the
patient for whom the medication is intended; (B) the prescriber's name, the
original date the prescription is dispensed and the number or des ignation
identifying the prescription; and (C) the name, strength and quantity of
the drug dispensed and the name of the dispensing pharmacist; and (D) drug
allergies and sensitiv ities.
  (2)  Upon receipt of a prescription order, the pharmacist shall examine the
patient's medication profile record before dispensing the medication to
determine the possibility of a harmful drug interaction or reaction to the
medication according to federal and state laws and the provisions of the
board's rules and regulations. Upon recognizing a potential harmful drug
interaction or reaction to the medication, the pharmacist shall take
appropriate action to avoid or minimize the problem which shall, if necessary,
include consultation with the prescriber with documentation of actions taken
on the prescription record.
  (3)  A medication profile record shall be maintained for a period of not less
than five years from the date of the last entry in the record.
  (4)  All prescription drug orders communicated by way of electronic
transmission shall conform to federal and state laws and the provisions of the
board's rules and regulations.
  (d) (e)  No registration shall be issued or continued for the
conduct of a pharmacy until or unless the provisions of this section have been
complied with.
  Sec. 3.  K.S.A. 65-1643 is hereby amended to read as follows: 65-1643. On and
after the effective date of this act, it shall be unlawful:
  (a)  For any person to operate, maintain, open or establish any pharmacy
within this state without first having obtained a registration from the board.
Each application for reg istration of a pharmacy shall indicate the person or
persons desiring the registration, in cluding the pharmacist in charge, as well
as the location, including the street name and number, and such other
information as may be required by the board to establish the identity and exact
location of the pharmacy. The issuance of a registration for any pharmacy shall
also have the effect of permitting such pharmacy to operate as a retail dealer
without re quiring such pharmacy to obtain a retail dealer's permit. On
evidence satisfactory to the board: (1) That the pharmacy for which the
registration is sought will be conducted in full compliance with the law and
the rules and regulations of the board; (2) that the location and appointments
of the pharmacy are such that it can be operated and maintained without
endangering the public health or safety; (3) that the pharmacy will be under
the supervision of a pharmacist, a registration shall be issued to such persons
as the board shall deem qualified to conduct such a pharmacy.
  (b)  For any person to manufacture within this state any drugs except under
the personal and immediate supervision of a pharmacist or such other person or
persons as may be approved by the board after an investigation and a
determination by the board that such person or persons is qualified by
scientific or technical training or experience to perform such duties of
supervision as may be necessary to protect the public health and safety; and no
person shall manufacture any such drugs without first obtaining a registration
so to do from the board. Such registration shall be subject to such rules and
regulations with respect to requirements, sanitation and equipment, as the
board may from time to time adopt for the protection of public health and
safety.

208                          JOURNAL OF THE SENATE

  (c)  For any person to distribute at wholesale any drugs without first
obtaining a regis tration so to do from the board.
  (d)  For any person to sell or offer for sale at public auction or private
sale in a place where public auctions are conducted, any drugs without first
having obtained a registration from the board so to do, and it shall be
necessary to obtain the permission of the board in every instance where any of
the products covered by this section are to be sold or offered for sale.
  (e)  For any person to in any manner distribute or dispense samples of any
drugs without first having obtained a permit from the board so to do, and it
shall be necessary to obtain permission from the board in every instance where
the samples are to be distributed or dispensed. Nothing in this subsection
shall be held to regulate or in any manner interfere with the furnishing of
samples of drugs to duly licensed practitioners, to pharmacists or to medical
care facilities.
  (f)  Except as otherwise provided in this subsection (f), for any person
operating a store or place of business to sell, offer for sale or distribute
any drugs to the public without first having obtained a registration or permit
from the board authorizing such person so to do. No retail dealer who sells 12
or fewer different nonprescription drug products shall be required to obtain a
retail dealer's permit under the pharmacy act of the state of Kansas or to pay
a retail dealer new permit or permit renewal fee under such act. It shall be
lawful for a retail dealer who is the holder of a valid retail dealer's permit
issued by the board or for a retail dealer who sells 12 or fewer different
nonprescription drug products to sell and distribute nonprescription drugs
which are prepackaged, fully prepared by the manufacturer or distributor for
use by the consumer and labeled in accordance with the requirements of the
state and federal food, drug and cosmetic acts. Such nonprescription drugs
shall not include: (1) A controlled substance; (2) a drug product the label of
which is required to bear substantially the statement: ``Caution: Federal law
prohibits dispensing without prescrip tion''; or (3) a drug product intended
for human use by hypodermic injection; but such a retail dealer shall not be
authorized to display any of the words listed in subsection (s) of K.S.A.
65-1626 and amendments thereto, for the designation of a pharmacy or drugstore.
  (g)  For any person to sell any drugs manufactured and sold only in the state
of Kansas, unless the label and directions on such drugs shall first have been
approved by the board.
  (h)  For any person to operate an institutional drug room without first
having obtained a registration to do so from the board. Such registration shall
be subject to the provisions of K.S.A. 65-1637a and amendments thereto and any
rules and regulations adopted pursuant thereto.
  (i)  For any person to be a pharmacy intern student without first
obtaining a registration to do so from the board, in accordance with rules and
regulations adopted by the board, and paying a pharmacy intern
student registration fee of $25 to the board.
  Sec. 4.  K.S.A. 65-1645 is hereby amended to read as follows: 65-1645. (a)
Application for registrations or permits under K.S.A. 65-1643 and amendments
thereto shall be made on a form prescribed and furnished by the board.
Applications for registration to distribute at wholesale any drugs shall
contain such information as may be required by the board in accordance with the
provisions of K.S.A. 65-1655 and amendments thereto. The application shall be
accompanied by the fee prescribed by the board under the provisions of this
section. When such application and fees are received by the executive secretary
of the board on or before the due date, such application shall have the effect
of temporarily renewing the applicant's registration or permit until actual
issuance or denial of the renewal. However, if at the time of filing a
proceeding is pending before the board which may result in the suspension,
probation, revocation or denial of the applicant's registration or permit, the
board may declare, by emergency order, that such application for renewal shall
not have the effect of temporarily renewing such applicant's registration or
permit. Separate appli cations shall be made and separate registrations or
permits issued for each separate place at which is carried on any of the
operations for which a registration or permit is required by K.S.A. 65-1643 and
amendments thereto except that the board may provide for a single registration
for a business entity registered to manufacture any drugs or registered to dis
tribute at wholesale any drugs and operating more than one facility within the
state, or for a parent entity with divisions, subsidiaries or affiliate
companies, or any combination thereof,

                               February 26, 1997                            209

within the state when operations are conducted at more than one location and
there exists joint ownership and control among all the entities.
  (b)  The fees required for the issuing of the registrations or permits
required by K.S.A. 65-1643 and amendments thereto shall be fixed by the board
as herein provided, subject to the following:
  (1)  Pharmacy, new registration not more than $150, renewal not more than
$125;
  (2)  pharmacist, examination fee not more than $350;
  (3)  pharmacist, examination fee for previously licensed pharmacist not more
than $250;
  (4)  pharmacist, renewal fee not more than $100;
  (5)  pharmacist, evaluation fee not more than $250;
  (6)  pharmacist, reciprocal licensure fee not more than $250;
  (7)  pharmacist, penalty fee, not more than $250;
  (8)  manufacturer, new registration not more than $500, renewal not more than
$400;
  (9)  wholesaler, new registration not more than $500, renewal not more than
$400, ex cept that a wholesaler dealing exclusively in nonprescription drugs,
the manufacturing, dis tributing or dispensing of which does not require
registration under the uniform controlled substances act, shall be assessed a
fee for registration and reregistration not to exceed $50;
  (10)  special auction not more than $50;
  (11)  samples distribution not more than $50;
  (12)  institutional drug room, new registration not more than $40, renewal
not more than $35;
  (13)  retail dealer selling more than 12 different nonprescription drug
products, new permit not more than $12, renewal not more than $12; or
  (14)  certification of grades for each applicant for examination and
registration not more than $25.; or
  (15)  pharmacy technician, new registration or renewal, not more than $50.
  (c)  For the purpose of fixing fees, the board may establish classes of
retail dealers' permits for retail dealers selling more than 12 different
nonprescription drug products, and the board may fix a different fee for each
such class of permit.
  (d)  The board shall determine annually the amount necessary to carry out and
enforce the provisions of this act for the next ensuing fiscal year and shall
fix by rules and regulations the fees authorized for such year at the sum
deemed necessary for such purposes. The fees fixed by the board under this
section immediately prior to the effective date of this act shall continue in
effect until different fees are fixed by the board by rules and regulations as
provided under this section.
  (e)  The board may deny renewal of any registration or permit required by
K.S.A. 651643 and amendments thereto on any ground which would authorize the
board to suspend, revoke or place on probation a registration or permit
previously granted pursuant to the provisions of K.S.A. 65-1643 and amendments
thereto. Registrations and permits issued under the provisions of K.S.A.
65-1643 and 65-1644 and amendments thereto shall be conspicuously displayed in
the place for which the registration or permit was granted. Such registrations
or permits shall not be transferable. All such registrations and permits except
retail dealer permits and pharmacy technician registrations shall expire
on June 30 following date of issuance. Retail dealers' permits and pharmacy
technicians' registrations shall expire on the last day of February. All
registrations and permits shall be renewed annually. Appli cation blanks ewal
of registrations and permits shall be mailed by the board to each registrant or
permittee aE\156\annuat least 30 days prior to expiration of the registration
or permit. If application for renewal is not made before 30 days after such
expiration, the existing reg istration or permit shall lapse and become null
and void on the date of its expiration, and no new registration or permit shall
be granted except upon payment of the required renewal fee plus a penalty equal
to the renewal fee. Failure of any registrant or permittee to receive such
application blank shall not relieve the registrant or permittee from the
penalty hereby imposed if the renewal is not made as prescribed.'';
  And by renumbering sections accordingly;
  Also on page 5, in line 38, by striking ``is'' and inserting ``65-1643 and
65-1645 and K.S.A. 1996 Supp. 65-1642 are'';

210                          JOURNAL OF THE SENATE

  On page 1, in the title, in line 11, before ``and'' by inserting ``65-1643
and 65-1645 and K.S.A. 1996 Supp. 65-1642''; also in line 11, by striking
``section'' and inserting ``sections''; and the bill be passed as amended.
  SB 199 be amended on page 3, in line 13, by striking ``or limited,'';
in line 14, by striking all before ``or'' where it appears for the first time
and inserting ``or placed in a probationary status''; in line 15, by striking
``registering''; and the bill be passed as amended.
  SB 201 be amended on page 1, by striking all in lines 15 through 43;
  On page 2, by striking all in lines 1 through 25 and inserting in lieu
thereof the following:
  ``Section. 1.  K.S.A. 65-1626, as amended by section 118 of chapter 229 of
the 1996 Session Laws of Kansas, is hereby amended to read as follows: 65-1626.
For the purposes of this act:
  (a)  ``Administer'' means the direct application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of a patient
or research subject by:
  (1)  A practitioner or pursuant to the lawful direction of a practitioner, or
  (2)  the patient or research subject at the direction and in the presence of
the practi tioner.
  (b)  ``Agent'' means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor or dispenser but shall not include a
common or contract carrier, public warehouseman or employee of the carrier or
warehouseman when acting in the usual and lawful course of the carrier's or
warehouseman's business.
  (c)  ``Board'' means the state board of pharmacy created by K.S.A. 74-1603
and amend ments thereto.
  (d)  ``Brand exchange'' means the dispensing of a different drug product of
the same dosage form and strength and of the same generic name than the brand
name drug product prescribed.
  (e)  ``Brand name'' means the registered trademark name given to a drug
product by its manufacturer, labeler or distributor.
  (f)  ``Deliver'' or ``delivery'' means the actual, constructive or attempted
transfer from one person to another of any drug whether or not an agency
relationship exists.
  (g)  ``Direct supervision'' means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy student or
pharmacy technician to a sufficient degree to assure that all such activities
are performed accurately, safely and without risk or harm to patients, and
complete the final check before dispensing.
  (g) (h)  ``Dispense'' means to deliver prescription medication to
the ultimate user or research subject by or pursuant to the lawful order of a
practitioner.
  (h) (i)  ``Dispenser'' means a practitioner or pharmacist who
dispenses prescription med ication.
  (i) (j)  ``Distribute'' means to deliver, other than by
administering or dispensing, any drug.
  (j) (k)  ``Distributor'' means a person who distributes a drug.
  (k) (l)  ``Drug'' means: (1) Articles recognized in the official
United States pharmaco poeia, or other such official compendiums of the United
States, or official national formulary, or any supplement of any of them; (2)
articles intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals; (3) articles, other than food,
intended to affect the structure or any function of the body of man or other
animals; and (4) articles intended for use as a component of any articles
specified in clause   (1), (2) or (3) of this subsection; but does not include
devices or their components, parts or accessories, except that the term
``drug'' shall not include amygdalin (laetrile) or any livestock remedy, as
defined in K.S.A. 47-501 and amendments thereto, if such livestock remedy has
been registered in accordance with the provisions of article 5 of chapter 47 of
the Kansas Statutes Annotated.
  (m)  ``Electronic transmission'' means transmission of information in
electronic form or the transmission of the exact visual image of a document by
way of electronic equipment.
  (l) (n)  ``Generic name'' means the established chemical name or
official name of a drug or drug product.

                               February 26, 1997                            211

  (m) (o) (1)  ``Institutional drug room'' means any location where
prescription-only drugs are stored and from which prescription-only drugs are
administered or dispensed and which is maintained or operated for the purpose
of providing the drug needs of:
  (A)  Inmates of a jail or correctional institution or facility;
  (B)  residents of a juvenile detention facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;
  (C)  students of a public or private university or college, a community
college or any other institution of higher learning which is located in Kansas;
or
  (D)  employees of a business or other employer.
  (2)  ``Institutional drug room'' does not include:
  (A)  Any registered pharmacy;
  (B)  any office of a practitioner; or
  (C)  a location where no prescription-only drugs are dispensed and no
prescription-only drugs other than individual prescriptions are stored or
administered.
  (n) (p)  ``Medical care facility'' shall have the meaning
provided in K.S.A. 65-425 and amendments thereto, except that the term shall
also include facilities licensed under the provisions of K.S.A. 75-3307b and
amendments thereto except community mental health centers and facilities for
the mentally retarded.
  (o) (q)  ``Manufacture'' means the production, preparation,
propagation, compounding, conversion or processing of a drug either directly or
indirectly by extraction from substances of natural origin, independently by
means of chemical synthesis or by a combination of extraction and chemical
synthesis and includes any packaging or repackaging of the drug or labeling or
relabeling of its container, except that this term shall not include the
preparation or compounding of a drug by an individual for the individual's own
use or the preparation, compounding, packaging or labeling of a drug by: (1) A
practitioner or a practitioner's authorized agent incident to such
practitioner's administering or dispensing of a drug in the course of the
practitioner's professional practice; (2) a practitioner, by a practitioner's
au thorized agent or under a practitioner's supervision for the purpose of, or
as an incident to, research, teaching or chemical analysis and not for sale; or
(3) a pharmacist or the phar macist's authorized agent acting under the direct
supervision of the pharmacist for the purpose of, or incident to, the
dispensing of a drug by the pharmacist.
  (p) (r)  ``Person'' means individual, corporation, government,
governmental subdivision or agency, partnership, association or any other legal
entity.
  (q) (s)  ``Pharmacist'' means any natural person licensed under
this act to practice phar macy.
  (r) (t)  ``Pharmacist in charge'' means the pharmacist who is
responsible to the board for a registered establishment's compliance with the
laws and regulations of this state pertaining to the practice of pharmacy,
manufacturing of drugs and the distribution of drugs. The pharmacist in charge
shall supervise such establishment on a full-time or a part-time basis and
perform such other duties relating to supervision of a registered establishment
as may be prescribed by the board by rules and regulations. Nothing in this
definition shall relieve other pharmacists or persons from their responsibility
to comply with state and federal laws and regulations.
  (s) (u)  ``Pharmacy,'' ``drug store'' or ``apothecary'' means
premises, laboratory, area or other place: (1) Where drugs are offered for sale
where the profession of pharmacy is practiced and where prescriptions are
compounded and dispensed; or (2) which has dis played upon it or within it the
words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apothecary,''
``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these words
or combinations of these words or words of similar import either in English or
any sign con taining any of these words; or (3) where the characteristic
symbols of pharmacy or the characteristic prescription sign ``Rx'' may be
exhibited. As used in this subsection, premises refers only to the portion of
any building or structure leased, used or controlled by the licensee in the
conduct of the business registered by the board at the address for which the
registration was issued.
  (v)  ``Pharmacy student'' means an individual, registered with the board
of pharmacy, enrolled in an accredited school of pharmacy.

212                          JOURNAL OF THE SENATE

  (w)  ``Pharmacy technician'' means an individual who, under the direct
supervision and control of a pharmacist, may perform packaging, manipulative,
repetitive or other nondis cretionary tasks related to the processing of a
prescription or medication order and who assists the pharmacist in the
performance of pharmacy related duties, but who does not perform duties
restricted to a pharmacist.
  (x)  ``Practice of pharmacy'' means the interpretation and evaluation of
prescription or ders; the compounding, dispensing and labeling of drugs and
devices pursuant to prescription orders; the participation of drug selection
according to state law and participation in drug utilization reviews; the
proper and safe storage of prescription drugs and prescription devices and the
maintenance of proper records thereof; consultation with patients and other
health care practitioners about the safe and effective use of prescription
drugs and prescription devices; and the offering or performing of those acts,
services, operations or transactions necessary in the conduct, operation,
management and control of a pharmacy.
  (t) (y)  ``Practitioner'' means a person licensed to practice
medicine and surgery, dentist, podiatrist, veterinarian, optometrist licensed
under the optometry law as a therapeutic li censee or diagnostic and
therapeutic licensee, or scientific investigator or other person authorized by
law to use a prescription-only drug in teaching or chemical analysis or to
conduct research with respect to a prescription-only drug.
  (u) (z)  ``Preceptor'' means a licensed pharmacist who possesses
at least two years' ex perience as a pharmacist and who supervises students
obtaining the pharmaceutical expe rience required by law as a condition to
taking the examination for licensure as a pharmacist.
  (v) (aa)  ``Prescription'' means, according to the context,
either a prescription order or a prescription medication.
  (w) (bb)  ``Prescription medication'' means any drug, including
label and container ac cording to context, which is dispensed pursuant to a
prescription order.
  (x) (cc)  ``Prescription-only drug'' means any drug required by
the federal or state food, drug and cosmetic act to bear on its label the
legend ``Caution: Federal law prohibits dis pensing without prescription.''
  (y) (dd)  ``Prescription order'' means: (1) An order to be filled
by a pharmacist for pre scription medication issued and signed by a
practitioner in the authorized course of profes sional practice; or (2) an
order transmitted to a pharmacist through word of mouth, note, telephone or
other means of communication directed by such practitioner.
  (z) (ee)  ``Probation'' means the practice or operation under a
temporary license, regis tration or permit or a conditional license,
registration or permit of a business or profession for which a license,
registration or permit is granted by the board under the provisions of the
pharmacy act of the state of Kansas requiring certain actions to be
accomplished or certain actions not to occur before a regular license,
registration or permit is issued.
  (aa) (ff)  ``Professional incompetency'' means:
  (1)  One or more instances involving failure to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes gross negligence,
as determined by the board;
  (2)  repeated instances involving failure to adhere to the applicable
standard of phar maceutical care to a degree which constitutes ordinary
negligence, as determined by the board; or
  (3)  a pattern of pharmacy practice or other behavior which demonstrates a
manifest incapacity or incompetence to practice pharmacy.
  (bb) (gg)  ``Retail dealer'' means a person selling at retail
nonprescription drugs which are prepackaged, fully prepared by the manufacturer
or distributor for use by the consumer and labeled in accordance with the
requirements of the state and federal food, drug and cosmetic acts. Such
nonprescription drugs shall not include: (1) A controlled substance; (2) a drug
the label of which is required to bear substantially the statement ``Caution:
Federal law prohibits dispensing without prescription''; or (3) a drug intended
for human use by hypodermic injection.
  (cc) (hh)  ``Secretary'' means the executive secretary of the
board.
  (dd) (ii)  ``Unprofessional conduct'' means:
  (1)  Fraud in securing a registration or permit;
  (2)  intentional adulteration or mislabeling of any drug, medicine, chemical
or poison;

                               February 26, 1997                            213

  (3)  causing any drug, medicine, chemical or poison to be adulterated or
mislabeled, knowing the same to be adulterated or mislabeled;
  (4)  intentionally falsifying or altering records or prescriptions;
  (5)  unlawful possession of drugs and unlawful diversion of drugs to others;
  (6)  willful betrayal of confidential information under K.S.A. 65-1654 and
amendments thereto;
  (7)  conduct likely to deceive, defraud or harm the public;
  (8)  making a false or misleading statement regarding the licensee's
professional practice or the efficacy or value of a drug;
  (9)  commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's professional practice; or
  (10) performing unnecessary tests, examinations or services which have no
legitimate pharmaceutical purpose.'';
  And by renumbering sections accordingly;
  Also on page 2, in line 32, by striking all after ``title'' and inserting
``registered pharmacist or licensed''; in line 33, after ``pharmacist'' by
inserting ``, or the abbreviation R.Ph.,''; in line 34, by striking ``; or'';
by striking all in lines 35 through 42; in line 43, by striking all before the
period;
  On page 3, by striking all in lines 1 through 3; in line 4, by striking
``(d)'' and inserting ``(b)''; in line 6, by striking ``1996 Supp. 65-1642''
and inserting ``65-1626, as amended by section 118 of chapter 229 of the 1996
Session Laws of Kansas,'';
  On page 1, in the title, in line 9, by striking ``pharmacy technicians and'';
in line 10, by striking all before ``persons'' and inserting ``defining the
practice of pharmacy;''; in line 11, by striking ``1996 Supp. 65-1642'' and
inserting ``65-1626, as amended by section 118 of chapter 229 of the 1996
Session Laws of Kansas,'' and the bill be passed as amended.
  SB 211 be amended on page 1, in line 18, by striking ``health care
provider as defined in K.S.A. 65-4921 and amend-''; in line 19, by striking
``ments thereto'' and inserting ``person licensed to practice the healing arts
or engaged in a postgraduate training program approved by the state board of
healing arts, licensed dentist, physician's assistant whose name has been
entered on the register of physicians' assistants by the state board of healing
arts, licensed professional nurse, licensed practical nurse''; in line 22,
before ``reportable'' by inserting ``a''; in line 39, by striking all after the
period; by striking all in lines 40 and 41; in line 42, by striking ``the
death''; in line 43, by striking ``certificate'' and inserting ``death
certificates''; and the bill be passed as amended.
  SB 243 be amended on page 3, in line 13, before the period, by
inserting ``and who is acting under the direction of a responsible physician'';
after line 15, by inserting the follow ing:
  ``(v)  ''Responsible physician`` means responsible physician as such term is
defined under K.S.A. 65-2897a and amendments thereto.'';
  And by relettering subsections accordingly;
  Also on page 3, in line 33, after ``assistant'' by inserting ``where
authorized by a person licensed to practice medicine and surgery'';
  On page 4, in line 11, by striking ``authorized'' where it appears for the
first time and inserting ``registered''; also in line 11, by striking
``authorized'' where it appears for the last time; in line 25, after
``assistant'' by inserting ``, where authorized by a person licensed to
practice medicine and surgery,''; in line 34, by striking ``authorized'' where
it appears for the first time; also in line 34, by striking ``authorized''
where it appears for the last time;
  On page 5, in line 5, after ``assistant'' by inserting ``, where authorized
by a person licensed to practice medicine and surgery,''; in line 12, by
striking ``authorized'' where it appears for the first time; also in line 12,
by striking ``authorized'' where it appears for the last time; in line 20, by
striking ``registered'' and inserting ``licensed''; in line 29, after the
comma, by inserting ``the responsible physician for''; in line 30, by striking
``registered'' and inserting ``licensed''; and the bill be passed as amended.
  Committee on Transportation and Tourism recommends SB 278 be
amended on page 1, in line 30, by striking ``Allen,''; in line 31, preceding
the period, by inserting ``, the most southerly trailhead within the city
limits of the city of Welda, Kansas is to be the southern terminus of such
state park''; and the bill be passed as amended.

214                          JOURNAL OF THE SENATE

  Also SB 293 be amended on page 1, in line 13, by striking ``II'' and
inserting ``III''; in line 14, by striking ``Richmond to Ottawa'' and inserting
``the most southerly trailhead within the city limits of Welda, Kansas to Iola,
Kansas''; in line 15, by striking all after ``until'' and inserting ``funding
is available for construction.''; following line 15, by inserting the
following:
  ``Sec. 2.  (a) There is hereby created the prairie spirit rail trail advisory
task force. Such task force shall consist of five members as follows:
  (1)  A representative of the Kansas farm bureau, appointed by the farm
bureau;
  (2)  a representative of the Kansas livestock association, appointed by the
association;
  (3)  a representative of the governing body of either the city of Ottawa or
the city of Garnett, appointed by agreement of the governing bodies of such
cities;
  (4)  a representative of the board of county commissioners from either
Anderson or Franklin county; appointed by the county commissioners of the
county other than the county from which the city representative was appointed;
and
  (5)  the secretary of the Kansas department of wildlife and parks, or the
secretary's designee.
  (b)  The secretary of the Kansas department of wildlife and parks shall call
and preside at the first meeting of the task force. At such meeting the members
of the task force shall elect a permanent chairperson and vice-chairperson. The
task force shall meet on the call of the chairperson. All meetings of the task
force shall be open public meetings.
  (c)  It shall be the duty of the task force to monitor and review any federal
and state legislation and case law pertaining to the reversionary interest of
owners of property ad joining rail banked property and to develop a Kansas plan
for compliance with federal and state law and to protect the reversionary
interest of owners of property adjoining the prairie spirit rail trail.
  (d)  The task force shall submit its report and recommendations to the
secretary of the senate and the chief clerk of the house of representatives on
or before the first day of the 1999 regular session of the legislature.
  (e)  The provisions of this section shall expire on July 1, 1999.'';
  And by renumbering section 2 as section 3;
  In the title, in line 10, by striking all after ``phase'' and inserting ``III
until funding for construction is available; establishing a prairie spirit rail
trail task force.''; and the bill be passed as amended.


214                          JOURNAL OF THE SENATE


COMMITTEE OF THE WHOLE

  The Committee returned to consideration of bills in Committee of the Whole
with Sen ator Langworthy in the chair.
  On recommendation of Senator Langworthy the following report was adopted:
  Recommended that SB 99, 255 be passed.
  Also SB 124, 146, 149, 246, 281 be amended by adoption of the committee
amendments and the bills be passed as amended.
  The Committee report on SB 86 recommending a Sub SB 86 be
adopted.
  Senator Clark moved to amend the substitute bill on page 1, in line 19, by
striking ``or another state''; in line 20, by striking ``or branch''; in line
23, by striking ``or another state''; also in line 23, by striking ``or
branch''; in line 26, by striking ``or another state''; also in line 26, by
striking ``or branch'';
  On page 2, by striking all of lines 3 through 43;
  On page 3, by striking all of lines 1 through 43;
  On page 4, by striking all of lines 1 through 43;
  On page 5, by striking all in line 1;
  And by renumbering sections accordingly;
  On page 9, in line 24, by striking ``or'' and inserting ``, a''; in line 25,
by striking all following ``state''; in line 26, by striking ``curities'';
  On page 11, in line 35, by striking ``or another state''; in line 36, by
striking ``or branch''; in line 39, by striking ``or another state''; also in
line 39, by striking ``or branch''; in line 42, by striking ``or another
state''; also in line 42, by striking ``or branch'';
  On page 13, in line 30, preceding the semicolon by inserting ``which have
offices in the state of Kansas'';

                               February 26, 1997                            215

  On page 18, in line 33, by striking ``9'' and inserting ``8'';
  On page 19, in line 4, by striking ``or another state''; also in line 4, by
striking ``main or branch offices'' and inserting ``a main office''; in line 5,
by striking ``9'' and inserting ``8''; in line 16, by striking ``or'' where it
appears for the last time; in line 17, by striking ``another state''; also in
line 17, by striking ``or branch''; also in line 17, preceding the period, by
inserting ``, except that for purposes set forth in K.S.A. 75-4205 and K.S.A.
75-4206, and amendments thereto, ``bank'' means a bank incorporated under the
laws of this state, or organized under the laws of the United States or another
state and which has a main or branch office in this state'';
  On page 21, in line 17, by striking ``or another state''; in line 19, by
striking ``or branch''; in line 24, by striking ``or another state''; in line
26, by striking ``or branch'';
  On page 25, in line 34, by striking ``9-701,'';
  On page 1, in the title, in line 11, by striking ``9-701,''.
  Upon the showing of five hands, a roll call vote was requested.
  On roll call, the vote was: Yeas 17, nays 22, present and passing 1; absent
or not voting 0.
  Yeas: Bleeker, Brownlee, Clark, Downey, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Karr, Lee, Morris, Pugh, Salmans, Tyson, Umbarger.
  Nays: Barone, Becker, Biggs, Bond, Corbin, Emert, Feleciano, Gilstrap, Gooch,
Jones, Kerr, Langworthy, Lawrence, Oleen, Petty, Praeger, Ranson, Salisbury,
Schraad, Steffes, Steineger, Vidricksen.
  Present and passing: Jordan.
  The motion failed and the amendment was rejected.
  The Committee recommended Sub SB 86 be passed.
  SB 113 as amended by adoption of the committee amendments and further
amended by Senator Hardenburger and Senator Oleen in Committee of the Whole on
Tuesday, February 25, 1997, be amended by motion of Senator Hensley as amended
by Senate Committee, on page 2, following line 6, by inserting the following:
  ``Sec. 2.  K.S.A. 25-4150 is hereby amended to read as follows: 25-4150.
  (a)  Except as specifically provided by this section, the words and
phrases used in this section shall have the same meaning ascribed thereto by
K.S.A. 25-4143, and amendments thereto.
  (b)  When used in this section:
  (1)  ``Person'' means a person as defined by K.S.A. 25-4143, and amendments
thereto, who makes expenditures in an aggregate amount of $100 or more within a
calendar year.
  (2)  ``Expenditure'' means:
  (A)  Any purchase, payment, distribution, loan, advance, deposit or gift of
money or any other thing of value made for the purpose of:
  (i)  Directly or indirectly influencing the nomination or election of any
candidate; or (ii) providing information which has the effect of directly or
indirectly influencing the nomi nation or election of any candidate; or (iii)
influencing the outcome of any election;
  (B)  any contract to make an expenditure;
  (C)  a transfer of funds between any two or more candidate committees, party
committees or political committees; and
  (D)  payment of a candidate's filing fees.
  (3)  ``Expenditure'' does not include:
  (A)  The value of volunteer services provided without compensation;
  (B)  costs to a volunteer incidental to the rendering of volunteer services
not exceeding a fair market value of $50 during an allocable election period as
provided in K.S.A. 25-4149 and amendments thereto;
  (C)  payment by a candidate or candidate's spouse for personal meals, lodging
and travel by personal automobile of the candidate or candidate's spouse while
campaigning or payment of such costs by the treasurer of a candidate or
candidate committee;
  (D)  the value of goods donated to events such as testimonial events, bake
sales, garage sales and auctions by any person not exceeding fair market value
of $50 per event;
  (E)  any communication by an incumbent elected state or local officer with
one or more individuals unless the primary purpose thereof is to directly or
indirectly influence the

216                          JOURNAL OF THE SENATE

nomination or election of any candidate or providing information which has the
effect of directly or indirectly influencing the nomination or election of any
candidate;
  (F)  any direct communication by an organization with affiliated or connected
organi zations or direct communications by an organization with individual
members of affiliated or connected organizations;
  (G)  costs associated with any news story, commentary or editorial
distributed in the ordinary course of business by a broadcasting station,
newspaper, other periodical publi cation or by internet communication; or
  (H)  costs associated with nonpartisan activities designed to encourage
individuals to register to vote or to vote.
  (c)  Prior to making an expenditure, any person who is not subject to the
provisions of K.S.A. 25-4144, 25-4145, or 25-4172, and amendments thereto,
shall make and file a state ment of intent of expenditure. For the purposes of
this subsection person shall not include persons who make contributions to a
candidate or candidate committee. Such statement shall be filed in the office
of the secretary of state. If the expenditure is to support or oppose any
candidate for local office, such statement shall be filed in the office of the
county clerk of the county in which such person is on the ballot. Every
statement of intent shall include:
  (1)  The name and address of the person;
  (2)  the name and address of the chairperson of the organization, if the
person is not an individual; and
  (3)  the full name and address of any organization with which the person is
connected or affiliated or, name or description sufficiently describing the
affiliation or, if the person is not connected or affiliated with any one
organization, the trade, profession or primary interest of contributors of the
person.
  (d)  Each person subject to this section shall maintain, in such person's own
records, the name and address of any person, including an individual, who has
made one or more con tributions to such person, together with the amount and
date of such contributions, regard less of whether such information is required
to be reported.
  (e)  Any change in information previously reported in a statement of intent
shall be reported on a supplemental statement of intent and filed not later
than 10 days following the change.
  (f) (1)  Prior to making an expenditure any person required to file a
statement of intent pursuant to this section shall register annually with the
commission on or before July 1 of each year. Such registration shall be in the
form and contain such information as may be required by the commission.
  (2)  Each registration by a person anticipating the expenditure of $2,501 or
more in any calendar year shall be accompanied by an annual registration fee of
$200.
  (3)  Each registration by a person anticipating the expenditure of more than
$500 but less than $2,501 in any calendar year shall be accompanied by an
annual registration fee of $30.
  (4)  Each registration by a person anticipating the expenditure of $500 or
less in any calendar year shall be accompanied by an annual registration fee of
$15.
  (5)  Any person which is currently registered under subsection (f)(3) or
(f)(4) and which expends in excess of $2,500 for a calendar year, shall file,
within three days of the date when expenditures exceed such amount, an amended
registration form which shall be accompanied by an additional fee for such year
equal to the difference between $200 and the amount of the fee that accompanied
the current registration.
  (6)   Any person which is currently registered under subsection (f)(4) and
which expends in excess of $500 but less than $2,501, shall file, within three
days of the date when expend itures exceed $500, an amended registration form
which shall be accompanied by an addi tional fee of $15 for such year.
  (g)  All such fees received by or for the commission shall be remitted to the
state treasurer at least monthly. Upon receipt of each such remittance, the
state treasurer shall deposit the entire amount in the state treasury to the
credit of the Kansas commission on governmental standards and conduct fee fund.
  (h)  Every person, other than a candidate or a candidate committee, party
committee or political committee, who makes contributions or expenditures,
other than by contribution

                               February 26, 1997                            217

to a candidate or a candidate committee, party committee or political
committee, in an aggregate amount of $100 or more within a calendar year shall
make statements containing the information required by K.S.A. 25-4148 and
amendments thereto, and file them in the office or offices required so that
each such statement is in such office or offices on the day specified in K.S.A.
25-4148 and amendments thereto. If such contributions or expenditures are made
to support or oppose a candidate for state office, other than that of an
officer elected on a state-wide basis such statement shall be filed in both the
office of the secretary of state and in the office of the county election
officer of the county in which the candidate is a resident. If such
contributions or expenditures are made to support or oppose a candidate for
statewide office such statement shall be filed only in the office of the
secretary of state. If such contributions or expenditures are made to support
or oppose a candidate for local office such statement shall be filed in the
office of the county election officer of the county in which the candidate is a
resident. Reports made under this section need not be cumu lative.
  Sec. 3.  K.S.A. 1996 Supp. 25-4152 is hereby amended to read as follows:
25-4152. (a) The commission shall send a notice by registered or certified mail
to any person failing to file any report or statement required by K.S.A.
25-4144, 25-4145 or 25-4148, 25-4148 or 25-4150, and amendments
thereto, and to the candidate appointing any treasurer failing to file any such
report, within the time period prescribed therefor. The notice shall state that
the required report or statement has not been filed with either the office of
secretary of state or county election officer or both. The person failing to
file any report or statement, and the candidate appointing any such person,
shall be responsible for the filing of such report or statement. The notice
also shall also state that such person shall have 15 days from the
date such notice is deposited in the mail to comply with the registration and
reporting requirements before a civil penalty shall be imposed for each day
that the required docu ments remain unfiled. If such person fails to comply
within the prescribed period, such person shall pay to the state a civil
penalty of $10 per day for each day that such report or statement remains
unfiled, except that no such civil penalty shall exceed $300. The com mission
may waive, for good cause, payment of any civil penalty imposed by this
section.
  (b)  Civil penalties provided for by this section shall be paid to the state
treasurer, who shall deposit the same in the state treasury to the credit of
the Kansas commission on governmental standards and conduct fee fund.
  (c)  If a person fails to pay a civil penalty provided for by this section,
it shall be the duty of the attorney general or county or district attorney to
bring an action to recover such civil penalty in the district court of the
county in which such person resides.'';
  Also on page 2, by renumbering sections 2 and 3 as sections 4 and 5; in line
7, by striking ``25-4156 is'' and inserting ``25-4150 and 25-4156 and K.S.A.
1996 Supp. 25-4152 are'';
  On page 1, in the title, in line 10, preceding ``campaign'' by inserting
``elections; relating to''; also in line 10, by striking ``relating to
political advertising''; in line 11, following ``K.S.A.'' by inserting
``25-4150 and''; also in line 11, preceding ``repealing'' by inserting ``K.S.A.
1996 Supp. 25-4152 and''; also in line 11, by striking ``section'' and
inserting ``sections'', and the bill be passed as further amended.
  An amendment to SB 113 was offered but withdrawn.
  SB 120 be amended by adoption of the committee amendments, be further
amended by motion of Senator Corbin as amended by Senate Committee, on page 4,
in line 39, by striking all before ``may''; in line 40, after ``consultant'' by
inserting ``approved by the de partment''; in line 42, after ``scientist'' by
inserting ``approved by the department'', and the bill be passed as further
amended.
  SB 142 be amended by adoption of the committee amendments, be further
amended by motion of Senator Clark as amended by Senate Committee, on page 2,
in line 15, before the period, by inserting ``, and any other person who has at
least three years of mass appraisal experience and is qualified by the director
of property valuation as an eligible Kansas ap praiser shall be eligible for
appointment to such office for a term expiring on July 1, 1999, and if any such
person qualifies for an original appointment prior to July 1, 1999, such person
may be reappointed for a full term'', and the bill be passed as further
amended.

218                          JOURNAL OF THE SENATE

  SB 238 be amended by adoption of the committee amendments, and be
further amended by motion of Senator Corbin as amended by Senate Committee, on
page 9, in line 41, preceding ``shall'' by inserting ``of this section or under
section 1''.
  Also as amended by Senate Committee, on page 4, following line 38, by
inserting:
  ``Sec. 3.  K.S.A. 1996 Supp. 12-1677d is hereby amended to read as follows:
12-1677d.   (a) As used in this act:
  (1)  ``Municipality'' means any city, county or other political or taxing
subdivision of the state.
  (2)  ``Foundation'' means any not for profit charitable or eleemosynary
corporation es tablished by a municipality which is exempt from taxation
pursuant to section 501(c)(3) of the internal revenue code and which has
been in existence at least 15 years. Any such foundation is hereby deemed to
be a public body.
  (b)  The board of directors of any foundation shall invest the funds held by
such foun dation which are not required immediately for the purposes of the
foundation in the manner provided by this section:
  (1)  Any funds in an amount equal to 110% of the average annual expenses of
the foun dation for the next preceding five years may be invested in the manner
provided by K.S.A. 12-1675, and amendments thereto. If funds in the amount
required by this paragraph are available from the municipality which
established the foundation, the foundation may invest all of its funds in the
manner provided in paragraph (2).
  (2)  Any funds exceeding the amount described in paragraph (1) may be
invested in such investments that may be lawful for fiduciaries in this state
and also may be invested in such investments as would be lawful for a private
corporation or other foundation having purposes similar to the foundation. No
moneys derived pursuant to any tax may be invested under this paragraph.
  (c)  Nothing in this act shall effect the status of the foundation as a
municipal entity.
  (d)  The provisions of this section shall apply to foundations whether
created before or after the effective date of this act. Any investment of funds
by a foundation prior to July 1, 1997, which would have complied with the
provisions of this section, as amended by this act, are hereby validated.'';
  And by renumbering sections accordingly;
  On page 11, in line 30, before ``75-4201'' by inserting ``12-1677d,'';
  In the title, in line 13, before ``75-4201'' by inserting ``12-1677d,''.
  The bill be further amended by motion of Senator Hensley as amended by Senate
Com mittee, on page 11, following line 29, by inserting the following:
  ``Sec. 10.  K.S.A. 1996 Supp. 75-4221a is hereby amended to read as follows:
75-4221a.   (a) There is hereby established the pooled money investment board
which shall consist of six members, four of whom shall be appointed by the
governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b
and amendments thereto. Except as provided by K.S.A. 1996 Supp. 46-2601, and
amendments thereto, 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. The fifth member shall be the state
treasurer. The sixth member shall be the securities commissioner who shall
serve as a non voting member. Not more than three members of the board shall be
of the same political party. All members appointed to the board shall have at
least 10 years of direct work ex perience in the areas of finance, accounting
or management of investments or shall have at least a baccalaureate degree from
an accredited college or university and at least five years of direct work
experience in the areas of finance, accounting or management of investments.
Except as provided by subsection (b), members appointed by the governor shall
serve for a term of four years and until successors are appointed and
confirmed. The governor shall select one of the board members to serve as
chairperson.
  (b) (1)  On July 1, 1992, the two appointive board members serving on the
board im mediately prior to such date shall cease to be members of the board
and on such date, or as soon thereafter as possible, the governor shall appoint
four members to the board to serve for terms as specified by this subsection.
The two appointive members serving on the board immediately prior to July 1,
1992, may be reappointed to the board on or after such date under this
subsection. Of the members first appointed on or after July 1, 1992, two

                               February 26, 1997                            219

members shall be appointed for a term commencing on July 1, 1992, and ending on
June 30, 1994, and two members shall be appointed for a term commencing on July
1, 1992, and ending on June 30, 1996. The governor shall designate the term for
each member so ap pointed. Except as provided in paragraph 2 of this
subsection, members appointed to the board shall serve for four-year terms and
until their successors are appointed and confirmed. Whenever a vacancy occurs
in the membership of the board prior to the expiration of a term of office, the
governor shall appoint a qualified successor to fill the unexpired term.
  (2)  The terms of members who are serving on the board on the effective date
of this act shall expire on March 15, of the year in which such member's term
would have expired under the provisions of this section prior to amendment by
this act and by section 3 of chapter 194 of the session laws of 1995.
Thereafter members shall be appointed for terms of four years and until their
successors are appointed and confirmed.
  (c)  Members of the pooled money investment board attending meetings of such
board, or attending a subcommittee meeting thereof authorized by such board,
shall be paid com pensation, subsistence allowances, mileage and other expenses
as provided in K.S.A. 753223 and amendments thereto.
  (d)  No member of the pooled money investment board, within one year after
termination of the member's position with the board, shall accept employment
with the pooled money investment board.'';
  And by renumbering sections accordingly;
  Also on page 11, in line 31, following ``75-4212a'' by inserting ``,
75-4221a'';
  On page 1, in the title, in line 13, following ``75-4212a'' by inserting ``,
75-4221a'', and the bill be passed as further amended.
  SB 314 be amended by adoption of the committee amendments, and be
further amended by motion of Senator Oleen on page 1, line 34 by striking all
the words after ``debates'' and all of line 35; and inserting language ``to
which all candidates have equal access''.
  Also as amended by Senate Committee, on page 1, in line 34, by striking
``or'' and inserting in lieu thereof a comma; also in line 34, by striking ``at
which all''; in line 35, by striking all before the period and inserting ``or
events to which all candidates have equal access'';
  On page 2, in line 4, by striking ``or'' and inserting in lieu thereof a
comma; also in line 4, by striking all after ``debates''; in line 5, by
striking all before the period and inserting ``or events to which all
candidates have equal access'', and the bill be passed as further amended.
  SB 5 be amended by adoption of the committee amendments and be referred
to the Committee on Ways and Means.
  SB 72 be referred to the Committee on Ways and Means.
  SB 28, 220, 221, 292 be passed over and retain a place on the calendar.

FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS

  On motion of Senator Emert an emergency was declared by a 2/3 constitutional
majority, and SB 27, 32; Sub. SB 86; SB 99, 113, 120, 124, 142, 146, 149,
165, 166, 186, 238, 244, 245, 246, 254, 255, 281, 286, 314 were advanced to
Final Action and roll call.
  SB 27, An act concerning finance charges on consumer credit sales;
amending K.S.A. 16a-2-201 and 16a-2-202 and repealing the existing sections,
was considered on final action.
  On roll call, the vote was: Yeas 24, nays 16, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Brownlee, Clark, Downey, Emert, Feleciano,
Good win, Hardenburger, Huelskamp, Jordan, Langworthy, Morris, Oleen, Praeger,
Ranson, Sal isbury, Salmans, Schraad, Steffes, Tyson, Vidricksen.
  Nays: Bleeker, Corbin, Gilstrap, Gooch, Harrington, Harris, Hensley, Jones,
Karr, Kerr, Lawrence, Lee, Petty, Pugh, Steineger, Umbarger.
  The bill passed.
  SB 32, An act concerning filing financing statements of security
interests; purchase price of consumer good; amending K.S.A. 84-9-302 and
repealing the existing section, was con sidered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel

220                          JOURNAL OF THE SENATE

skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger,
Tyson, Umbarger, Vi dricksen.
  The bill passed, as amended.
  Sub. SB 86, An act relating to public moneys; concerning depositories;
amending K.S.A. 9-1401, 9-1403, 9-1406, 9-1407, 12-1676 and 17-5002 and K.S.A.
1996 Supp. 9-701, 9-1402, 9-1405, 12-1675, 12-1677a, 12-1677b, 75-4201,
75-4217, 75-4218 and 75-4220 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 22, nays 17, present and passing 1; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Corbin, Emert, Feleciano, Gilstrap, Gooch,
Jones, Kerr, Langworthy, Lawrence, Oleen, Petty, Praeger, Ranson, Salisbury,
Schraad, Steffes, Steineger, Vidricksen.
  Nays: Bleeker, Brownlee, Clark, Downey, Goodwin, Hardenburger, Harrington,
Harris, Hensley, Huelskamp, Karr, Lee, Morris, Pugh, Salmans, Tyson, Umbarger.
  Present and passing: Jordan.
  The substitute bill passed.
  SB 99, An act concerning state agencies; relating to accounting
procedures; amending K.S.A. 75-3734 and repealing the existing section, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vi dricksen.
  The bill passed.
  SB 113, An act concerning elections; relating to campaign finance;
amending K.S.A. 254150 and 25-4156 and K.S.A. 1996 Supp. 25-4152 and repealing
the existing sections, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vi dricksen.
  The bill passed, as amended.
  SB 120, An act concerning livestock; relating to confined feeding
facilities; amending K.S.A. 1996 Supp. 65-171d and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Oleen.
  The bill passed, as amended.
  SB 124, An act concerning surplus state property; amending K.S.A. 1996
Supp. 75-6602 and repealing the existing section, was considered on final
action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vi dricksen.
  The bill passed, as amended.
  SB 142, An act relating to qualifications for appointment as a county
or district appraiser; amending K.S.A. 19-430 and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or
not voting 0.

                               February 26, 1997                            221

  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Downey, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Pugh, Ranson, Sal mans, Schraad, Steffes, Steineger, Tyson,
Vidricksen.
  Nays: Brownlee, Harris, Salisbury, Umbarger.
  The bill passed, as amended.
  SB 146, An act concerning cities; relating to the removal or
destruction of weeds; relating to the assessment and collection of costs
thereof; amending K.S.A. 1996 Supp. 12-1617f and repealing the existing
section, was considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger,
Tyson, Umbarger, Vidricksen.
  Nays: Harris.
  The bill passed, as amended.
  SB 149, An act concerning agriculture; creating the Kansas agricultural
seed council; establishing the powers and duties thereof, was considered on
final action.
  On roll call, the vote was: Yeas 29, nays 11, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Downey, Emert, Feleciano, Gilstrap, Gooch,
Good win, Hardenburger, Harrington, Hensley, Jones, Karr, Kerr, Langworthy,
Lee, Morris, Oleen, Petty, Praeger, Salmans, Schraad, Steffes, Steineger,
Tyson, Umbarger, Vidricksen.
  Nays: Bleeker, Brownlee, Clark, Corbin, Harris, Huelskamp, Jordan, Lawrence,
Pugh, Ranson, Salisbury.
  The bill passed, as amended.
  SB 165, An act concerning the board of nursing; licensees thereof;
continuing education; membership on the board; amending K.S.A. 65-1119 and
65-4206 and K.S.A. 1996 Supp. 65-1117, 65-4205 and 74-1106 and repealing the
existing sections, was considered on final action.
  On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Sal isbury, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger, Vidricksen.
  Nays: Hensley, Huelskamp.
  The bill passed, as amended.
  SB 166, An act concerning lodging establishments; relating to rights
and duties of inn keepers and guests, was considered on final action.
  On roll call, the vote was: Yeas 34, nays 6, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Downey,
Feleciano, Gil strap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Petty,
Praeger, Pugh, Ranson, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
  Nays: Corbin, Emert, Harris, Jones, Oleen, Salisbury.
  The bill passed, as amended.
  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 ex isting section, was considered on final action.
  On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger, Vidricksen.
  Nays: Huelskamp, Pugh.
  The bill passed, as amended.

222                          JOURNAL OF THE SENATE

  SB 238, An act relating to public moneys; providing for the
establishment of market rates for state moneys; concerning bidding for
investment accounts of state moneys by banks; amending K.S.A. 68-2060 and
K.S.A. 1996 Supp. 12-1675, 12-1677d, 75-4201, 75-4208, 754209, 75-4210,
75-4212a, 75-4221a and 75-4263 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Ranson, Salisbury, Salmans, Schraad, Steffes,
Steineger, Tyson, Umbarger, Vidricksen.
  Nays: Pugh.
  The bill passed, as amended.
  SB 244, An act concerning the state board of healing arts; relating to
fees paid to the board; amending K.S.A. 65-2012, 65-2896, 65-5409 and 65-5509
and K.S.A. 1996 Supp. 652852 and 65-6910 and repealing the existing sections,
was considered on final action.
  On roll call, the vote was: Yeas 21, nays 19, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Corbin, Emert, Feleciano, Gooch, Goodwin,
Har denburger, Jones, Jordan, Langworthy, Morris, Oleen, Praeger, Salisbury,
Salmans, Schraad, Steffes, Vidricksen.
  Nays: Bleeker, Brownlee, Clark, Downey, Gilstrap, Harrington, Harris,
Hensley, Huel skamp, Karr, Kerr, Lawrence, Lee, Petty, Pugh, Ranson, Steineger,
Tyson, Umbarger.
  The bill passed.
  SB 245, An act concerning hospital liens; amending K.S.A. 65-406 and
repealing the existing section, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vi dricksen.
  The bill passed, as amended.
  SB 246, An act concerning the state board of healing arts; relating to
temporary permits issued under the occupational therapy practice act and
respiratory therapy practice act; amending K.S.A. 65-5408 and 65-5508 and
repealing the existing sections, was considered on final action.
  On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen,
Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger,
Tyson, Umbarger, Vidricksen.
  Nays: Huelskamp.
  The bill passed, as amended.
  SB 254, An act concerning civil service; relating to personal conduct
detrimental to state service; attorneys; amending K.S.A. 75-2949f and repealing
the existing section, was consid ered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vi dricksen.
  The bill passed.
  SB 255, An act concerning criminal procedure; relating to appointment
of counsel to persons in custody after felony conviction; amending K.S.A.
22-4506 and K.S.A. 1996 Supp. 22-4503 and repealing the existing sections, was
considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.

                               February 26, 1997                            223

  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vi dricksen.
  The bill passed.
  SB 281, An act relating to certain deposits with commissioner of
insurance or a financial institution on behalf of the commissioner; amending
K.S.A. 1996 Supp. 40-229a and re pealing the existing section, was considered
on final action.
  On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Brownlee, Corbin, Downey, Emert,
Feleciano, Gil strap, Gooch, Goodwin, Hardenburger, Hensley, Jones, Karr, Kerr,
Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Schraad, Steffes, Steineger, Tyson, Vidricksen.
  Nays: Bleeker, Clark, Harrington, Harris, Huelskamp, Jordan, Pugh, Salmans,
Umbarger.
  The bill passed, as amended.
  SB 286, An act enacting the patient protection act; relating to health
care services, was considered on final action.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Harris,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vi dricksen.
  The bill passed, as amended.
  SB 314, An act concerning campaign finance; relating to the use of
public funds; amend ing K.S.A. 25-4169a and repealing the existing section, was
considered on final action.
  On roll call, the vote was: Yeas 29, nays 11, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Bleeker, Bond, Brownlee, Clark, Corbin, Emert, Feleciano,
Gilstrap, Har denburger, Harrington, Harris, Huelskamp, Jordan, Kerr,
Langworthy, Lawrence, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans,
Schraad, Steffes, Steineger, Tyson, Um barger.
  Nays: Becker, Biggs, Downey, Gooch, Goodwin, Hensley, Jones, Karr, Lee,
Morris, Vidricksen.
  The bill passed, as amended.
  On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday,
February 27, 1997.

                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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