J o u r n a l o f t h e S e n a t e FIFTY-THIRD DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, March 28, 1997--9:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with forty senators present. President Bond introduced as guest chaplain, Senator Dwayne Umbarger, Thayer, who delivered the invocation: Picture yourself tied to a tree, condemned of the sins of eternity. Then picture a spear parting the air, seeking your heart to end your despair. Suddenly--a Knight, in armor of white, stands in the gap betwixt you and its flight, And shedding His `Armor of God' for you--bears the lance that runs Him through. His heart has been pierced that yours may beat, and the blood of His corpse washes your feet. Picture yourself in raiment white, cleansed by the blood of the lifeless Knight, Never to mourn the Prince who was downed, For He is not lost! It is you who are found. Dear Heavenly Father, We humbly bow before you today with grateful hearts. In this season of celebration, we ask you to impress upon us the magnitude of your great gift of life. A gift offered to us through the sacrifice of your Son, Jesus Christ our Lord, by His death and resurrection. Impress upon us the enormity of the debt that was paid by His blood. And impress upon us the responsibility we must carry in accepting your gift and claiming the name of Christ, so that His death will not be in vain. May your Spirit be manifest in us, that all we say and do will be a glory to your holy name. In Jesus' name we pray, Amen. PRESENTATION OF PETITIONS The following petitions were presented, read and filed: SP 53, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Elmer H. Jones and 54 others from the Sedgwick County, Kansas area. SP 54, by Senator Lana Oleen: a petition opposing House Bill 2174 Kansas Lottery authorized to operate certain games at racetracks, signed and submitted by Joe Ellis and 89 others from the Manhattan, Kansas area. SP 55, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Jill McKay and 110 others from Butler and Sedgwick Counties in Kansas. SP 56, by Senator Alicia Salisbury: a petition opposing House Bill 2174, concerning casino gambling, signed by Kip Walker and 139 other citizens of Topeka, Kansas, and the sur rounding area. SP 57, by Senator Stan Clark: a petition opposing HB 2264, the BRRETA Bill, requesting assistance in protecting our interests rather than those of a select special interest group in March 28, 1997 421 the real estate industry, signed by James E. Gordon and 10 other citizens of Norton, Kansas and the surrounding area. SP 58, by Senator Anthony Hensley: a petition urging the Kansas Legislature to support the passage of SB 349, an increase in retirement benefits, signed by Alma Gall and 98 others. SP 59, by Senator Donald E. Biggs: a petition protesting HB 2174, signed by Mary Bower, of Jefferson County, and 59 other residents of Jefferson and Leavenworth Counties. SP 60, by Senator David Kerr: a petition opposing the Concealed Weapons Bills SB 21 and HB 2159, signed by Paul Regier and 35 others in the Hutchinson, Kansas area. SP 61, by Senator Dick Bond: a petition opposing House Bill 2174 concerning casino gambling, signed by 286 citizens of the Johnson County area. SP 62, by Senator Lana Oleen: a petition opposing House Bill No. 2174 authorizing certain games at racetracks, signed by Greg Kropf and 26 others from Westphalia, and Manhattan, Kansas areas. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bills were referred to Committee as indicated: Ways and Means: HB 2160, 2166, 2272. CHANGE OF REFERENCE The President withdrew HB 2332 from the calendar under the heading of General Or ders, and referred the bill to the Committee on Ways and Means. MESSAGE FROM THE HOUSE Announcing passage of SB 136, 281. Also, passage of SB 38, as amended; Substitute SB 86, as amended; SB 145, as amended, 220, as amended, 229, as amended, 244, as amended, 276, as amended, 280, as amended, 282, as amended; Substitute SB 332, as amended. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Harrington introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1838-- A RESOLUTION congratulating and commending Eddie Dreger. WHEREAS, Eddie Dreger, of rural Clearwater, celebrated his 18th birthday by taking his final college examination at Wichita State University; and WHEREAS, Eddie Dreger earned a bachelor's degree in chemistry with a minor in mathematics while maintaining a straight A average; and WHEREAS, Eddie Dreger attended six years of elementary school, was advanced to the eighth grade where he took high school courses before enrolling in college at age 13; and WHEREAS, Eddie Dreger, who hopes to do some research work at Wichita State Uni versity, will be working with his father, Brian Dreger, in the family business of computer training and consultation: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Eddie Dreger for completing college at age 18; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Mr. and Mrs. Brian Dreger, Route 1, Box 391, Clearwater, Kansas 67026. On emergency motion of Senator Harrington SR 1838 was adopted unanimously. Senator Harrington introduced and congratulated Eddie Dreger on his many accomplish ments. Accompanying Eddie were his family and two professors from Wichita State Uni versity. Senator Hensley introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1839-- A RESOLUTION congratulating and commending the Santa Fe Trail High School boys basketball team and Coach Brian Luther for winning the 1997 Class 4A State Basketball Championship in Kansas. 422 JOURNAL OF THE SENATE WHEREAS, The Santa Fe Trail High School boys basketball team won the 1997 Kansas State High School Activities Association Class 4A State Basketball Championship at Salina on March 15, 1997; and WHEREAS, The Chargers won the state championship with a thrilling 69-50 victory over Andale High School in the state championship game; and WHEREAS, The Santa Fe Trail High School ``Chargers'' basketball team finished the season with a perfect 26-0 record; and WHEREAS, The coaches and members of this outstanding basketball team, Coach Brian Luther, Assistant Coaches Bill Biermann and John Deitrich, team members Brandon Myers, Brett Fenton, Brady Dean, Zac Anshutz, Gabe Wurdeman, Tyler Grindal, Justin Duncan, Brandon Babb, Jacob Rice, Norman Foster, Eric Carter and Michael Gleason, have received statewide recognition for their fine sportsmanship and athletic abilities; and WHEREAS, The Santa Fe Trail High School boys basketball team is the only boys team in the state of Kansas to be undefeated in 1996-97; and WHEREAS, The success of this team is due to excellent teamwork, strong competitive spirit and determination to win, and the enthusiastic support of the school's administrators, the faculty, the students, the players' parents and the citizens of these proud communities: Now, therefore, Be it resolved by the Senate of the State of Kansas: That the Santa Fe Trail High School boys basketball team and Coach Luther be congratulated and commended for winning the 1997 Kansas State High School Activities Association Class 4A State Basketball Champi onship; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to Coach Brian Luther, P.O. Box 189, Overbrook, KS 66524, As sistant Coach Bill Biermann, Box 107, Overbrook, KS 66524, Assistant Coach John Deitrich, Overbrook, KS 66524, Brandon Myers, 4366 E. 165th, Overbrook, KS 66524, Brett Fenton, 305 Surrey Lane, Overbrook, KS 66524, Brady Dean, 600 S. Lawrence, Carbondale, KS 66414, Zac Anshutz, Box 66, Harveyville, KS 66431, Gabe Wurdeman, Box 405, Overbrook, KS 66524, Tyler Grindal, 706 S. 1st St., Carbondale, KS 66414, Justin Duncan, 707 SW 2nd, Overbrook, KS 66524, Brandon Babb, 607 Cedar, Overbrook, KS 66524, Jacob Rice, RR 1, Box 100, Carbondale, KS 66414, Norman Foster, P.O. Box 384, Carbondale, KS 66414, Eric Carter, P.O. Box 433, Overbrook, KS 66524 and Michael Gleason, 615 N. 4th, Carbondale, KS 66414. On emergency motion of Senator Hensley SR 1839 was adopted unanimously. Senator Hensley recognized and congratulated the Santa Fe Trail High School basketball team and its coach. Senators Steineger, Gilstrap and Jones introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1840-- RESOLUTION designating April 19, 1997, as March for Parks Day in Wyandotte County. WHEREAS, ``March for Parks Day'' has been established as a demonstration of public concern over the condition of the nation's parks and public spaces; and WHEREAS, Events throughout the nation have been planned to raise awareness and funding for park improvement, protection, and education projects benefiting national, state, and local public parks; and WHEREAS, The members of Wyandotte County March for Parks, an all-volunteer or ganization, are sponsoring an Environmental Safari for the school children of Wyandotte County on April 19, 1997, to provide hands-on environmental activities and to benefit the new nature trail and education center at Wyandotte County Lake; and WHEREAS, The groundbreaking ceremony for the new nature trail and education cen ter will be held the same day; and WHEREAS, The members of Wyandotte County March for Parks and the school chil dren of Wyandotte County are demonstrating their commitment to protecting and revital izing our natural treasures and improving the condition of the local parks in Wyandotte County: Now, therefore, March 28, 1997 423 Be it resolved by the Senate of the State of Kansas: That we designate April 19, 1997, as the March for Parks Day in Wyandotte County, and call upon the citizens of the state of Kansas to support the participants in their benefit for the Wyandotte County Lake nature trail and education center and to observe this day with celebration and respect for the public parks and natural wonders of our state; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Shari Wilson, 51 S. 64th Street, Kansas City, KS 66111. On emergency motion of Senator Steineger SR 1840 was adopted unanimously. Senator Barone introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1841-- A RESOLUTION congratulating and commending Robert L. Scott. WHEREAS, Robert L. Scott, Galena, is retiring in June, 1997, as President of Galena United School District No. 499; and WHEREAS, Mr. Scott was elected to the Galena Board of Education in 1962 and has served as its President since 1973; and WHEREAS, Under Mr. Scott's leadership the school district has made significant gains, both in the quality of academic efforts affecting students and in improvement of the physical facilities of the district; and WHEREAS, Robert L. Scott has given 35 years of service and outstanding leadership to his community and Galena United School District No. 499 and is deserving of public rec ognition for these many years of public service: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Richard L. Scott upon his retirement as President of Galena United School District No. 499 and for his 35 years of service to his community; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Mr. Robert L. Scott and to Dr. James C. Christman, both in care of Dr. James C. Christman, Ed.D., Superintendent, Galena United School District No. 499, 702 East 7th Street, Galena, Kansas 66739. On emergency motion of Senator Barone SR 1841 was adopted unanimously. Senators Karr, Becker, Bleeker, Brownlee, Hardenburger, Oleen, Schraad and Tyson introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1842-- A RESOLUTION congratulating and commending the Kansas Master Teachers for 1997. WHEREAS, Seven educators have been named Kansas Master Teachers by Emporia State University for 1997 and will be honored April 9 during a series of events at Emporia State University; and WHEREAS, The Master Teacher awards were established by Emporia State University in 1954; and WHEREAS, The awards are presented annually to teachers who have served the pro fession long and well, and who also typify the good qualities of earnest and conscientious teachers; and WHEREAS, Candidates for the awards are nominated by local teacher associations, ed ucational organizations and school faculties. Over 400 Kansas educators have been honored since the Master Teachers program was established. A ten-member committee, representing educational organizations across Kansas, selected the 1997 winners; and WHEREAS, The 1997 Kansas Master Teachers are: Lisa Artman Bietau, assisting teacher-Kansas State University clinical instructor at Northview Elementary School in Man hattan; JoLene Rae Bloom, high school English teacher at Nemaha Valley High School in Seneca and dual credit instructor at Highland Community College; Patricia Gnau, Blue Valley USD 229, second-grade teacher at Morse Elementary School in Overland Park; Mike Harvey, art teacher and tennis coach at Pratt High School; Darla J. Mallein, eighth-grade social studies teacher at Emporia Middle School; Renita Ubel, first-grade teacher at Eugene Field Elementary School in Ottawa; and Randall J. Warner, seventh and ninth grade science teacher at Frontier Trail Junior High in Olathe; and 424 JOURNAL OF THE SENATE WHEREAS, The Master Teachers will be entertained and honored at a dinner on April 9, 1997, at Emporia State University; and WHEREAS, All Kansans are proud of these outstanding educators and thank them for their commitment to their profession: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Kansas Master Teachers for 1997; and Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to Lisa Artman Bietau, 3412 Treesmill, Manhattan, KS 66503, JoLene Rae Bloom, 412 N. 9th St., Seneca, KS 66538, Patricia Gnau, 6250 W. 194th St., Stillwell, KS 66085, Mike Harvey, 420 Parklane, Pratt, KS 67124, Darla J. Mallein, 1901 Meadowlark Lane, Emporia, KS 66801, Renita Ubel, 2566 Stafford Rd., Ottawa, KS 77067 and Randall J. Warner, 2008 W. Taylor Dr., Olathe, KS 66062. On emergency motion of Senator Karr SR 1842 was adopted unanimously. Senators Salmans, Barone, Langworthy, Oleen and Praeger introduced the following Sen ate resolution, which was read: SENATE RESOLUTION No. 1843-- A RESOLUTION congratulating and commending the recipients of the 1996 Milken Family Foundation National Educator Awards for the State of Kansas. WHEREAS, Dr. Hortense Harrison, principal of Trailwood Elementary School, Shaw nee Mission, has been selected as a recipient of a 1996 Milken Family Foundation National Educator Award for the state of Kansas; and WHEREAS, Linda Herbel, principal of Quail Run Elementary School, Lawrence, has been selected as a recipient of a 1996 Milken Family Foundation national Educator Award for the state of Kansas; and WHEREAS, Christy R. McNally, a seventh grade teacher at Saint Mary's Elementary School, Pittsburg, has been selected as a recipient of a 1996 Milken Family Foundation National Educator Award for the state of Kansas; and WHEREAS, Deliece Mullen, a fourth grade teacher at O'Loughlin Elementary School, Hays, has been selected as a recipient of a 1996 Milken Family Foundation National Ed ucator Award for the state of Kansas; and WHEREAS, The Milken Family Foundation, of Santa Monica, California, recognizes outstanding educators annually in its efforts to strengthen the education profession by rec ognizing and rewarding outstanding educators, by expanding their professional leadership and policy influence, and by encouraging talented young people to become educators; and WHEREAS, Outstanding educators, such as these teachers, have a positive impact on the lives of their students, their school district and the community in which they live--they serve as role models for those whom they teach and provide inspiration to others called to the education profession: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Dr. Hortense Harrison, Linda Herbel, Christy R. McNally and Deliece Mullen as the re cipients of the 1996 Milken Family Foundation National Education Awards for the State of Kansas; and Be it further resolved: That the Secretary of the Senate be directed to provide two enrolled copies, each, of this resolution to Dr. Hortense Harrison, Principal, Trailwood Elementary School, Shawnee Mission, Kansas 66218, Linda Herbel, Principal, Quail Run Elementary School, Lawrence, Kansas 66044-0590, Christy R. McNally, Saint Mary's Ele mentary School, Pittsburg, Kansas 66762-0402, Deliece Mullen, O'Loughlin Elementary School, Hays, Kansas 67601-0549. On emergency motion of Senator Salmans SR 1843 was adopted unanimously. Senator Salmans recognized Deliece Mullen, fourth grade teacher at O'Loughlin Ele mentary School, Hays, who was a guest of the Senate. REPORT ON ENGROSSED BILLS SB 32, 165, 166, 186, 245, 286 reported correctly engrossed February 26, 1997. March 28, 1997 425 REPORT ON ENROLLED BILLS Sub. SB 24; SB 49, 55, 57, 58, 117, 185, 190, 222, 303, 365, reported correctly enrolled, properly signed and presented to the Governor on March 28, 1997. COMMITTEE OF THE WHOLE On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for consideration of bills on the calendar under the heading of General Orders with Senator Ranson in the chair. On motion of Senator Ranson the following report was adopted: Recommended that HB 2007, 2042, be passed. Having voted on the prevailing side, and on motion of Senator Kerr the Committee reconsidered its action on HB 2007. Recommended HB 2007 be amended by motion of Senator Kerr on page 61, after line 10, by inserting the following: ``Sec. 37. K.S.A. 60-717 is hereby amended to read as follows: 60-717. (a) Form. (1) An order of garnishment, issued independently of an attachment, either prior to judgment or as an aid for the enforcement of a judgment, for the purpose of attaching any property, funds, credits or indebtedness belonging to or owing the defendant, other than earnings, is declared to be sufficient if substantially in the following form: ``In the District Court of ____________ County, Kansas, A.B., Plaintiff, vs. C.D., De fendant, and E.F., Garnishee. The State of Kansas to the Garnishee: You are hereby ordered as a garnishee to file with the clerk of the above named court, within 10 days after service of this order upon you, your answer under oath stating whether you are at the time of the service of this order upon you, and also whether at any time thereafter but before you sign your answer, indebted to the defendant, or have in your possession or control any property belonging to the defendant, excluding earnings (compensation for personal services, whether denominated as wages, salary, commission, bonus or otherwise) due and owing the defen dant and stating the amount of any such indebtedness and description of any such property. For the purpose of this order, if you are, at the time this order is served upon you, an executor or administrator of an estate containing property or funds to which defendant is or may become entitled as a legatee or distributee of the estate upon its distribution, you are deemed to be indebted to the defendant to the extent of such property or funds. You are further ordered to withhold the payment of any such indebtedness, or the delivery away from yourself of any such property, until the further order of the court. Your answer on the form served herewith shall constitute substantial compliance with this order. ``Failure to file your answer may entitle the plaintiff to judgment against you for the full amount of the claim and costs. ``Witness my hand and seal of the court at ____________ in this county, this ____________ day of ____________, 19____________, ____________, Clerk of the court, ____________ County.'' (2) An order of garnishment, issued independently of an attachment as an aid for the enforcement of a judgment and for the purpose of attaching earnings of the defendant shall include the defendant's address and social security number, if known, the address of the plaintiff's attorney and, except as otherwise provided the amount of the plaintiff's claim against the defendant. If the exact amount of the plaintiff's claim is not known, the order of garnishment shall include an approximate amount of the plaintiff's claim against the defendant. It is declared to be sufficient if substantially in the following form: ``In the District Court of ____________ County, Kansas, A.B., Plaintiff, vs. C.D., De fendant, and E.F., Garnishee. The State of Kansas to the Garnishee: You are hereby ordered as a garnishee to file with the clerk of the above named court, within 40 days after service of this order upon you, your answer under oath stating whether you are indebted to the defendant by reason of earnings (compensation for personal services, whether denominated as wages, salary, commission, bonus or otherwise) due and owing the defendant and stating the amount of any such indebtedness. Computation of the amount of your indebtedness shall be made as prescribed by the answer form served herewith and shall be based upon defendant's earnings for any pay period or periods which end during the 30-day period 426 JOURNAL OF THE SENATE beginning the day this order is served upon you. You are further ordered to withhold from each payment for earnings due the defendant for any pay period or periods ending during such 30-day period the payment of that portion of defendant's earnings required to be withheld pursuant to the directions accompanying the answer form until the further order of the court. If you do not receive an order of the court to dispose of earnings withheld from the defendant within 60 days from the date your answer is filed, and your answer is not contested by the plaintiff, you may petition the court for an order allowing you to return withheld funds to the defendant. Your answer on the form shall constitute substantial com pliance with this order. Defendant ____________ . Plaintiff's attorney Address ____________ . Address Social Security #, if known ____________ Amount of claim ``Failure to file your answer may entitle the plaintiff to judgment against you for the full amount of the claim and costs. ``Witness my hand and seal of the court at ____________ in this county, this ____________ day of ____________, 19___, ____________, Clerk of the court, ____________ County.'' If such order of garnishment is issued at the written direction of the party entitled to enforce the judgment, pursuant to K.S.A. 60-716, and amendments thereto, to enforce (1) an order of any court for the support of any person, (2) an order of any court of bankruptcy under chapter XIII of the federal bankruptcy act or (3) a debt due for any state or federal tax, the clerk of the district court shall cause such purpose to be clearly stated on the order of garnishment and the accompanying garnishee's answer form immediately below the cap tion. If the garnishment is to enforce a court order for the support of any person, the garnishment shall not exceed 50% of an individual's disposable earnings unless the person seeking the garnishment specifies to the garnishee a greater percent to be withheld, as authorized by subsection
(g)(f) of K.S.A. 60-2310 and amendments thereto. From earnings due to defendant, the garnishee may withhold and retain to defray the garnishee's expenses an administrative fee of $10 for each pay period in which earnings are withheld, not to exceed $20 for each month in which earnings are withheld. If addition of this fee causes the total amount withheld to exceed the restrictions imposed by subsection (b) K.S.A. 60-2310, and amendments thereto, the fee shall be deducted from the amount withheld. (b) Service and return. The order of garnishment shall be served on the garnishee, together with two copies of the form for the garnishee's answer prescribed in K.S.A. 60-718 and amendments thereto and returned by the officer making service in the same manner as an order of attachment. If the order is served prior to a judgment on the plaintiff's claim, the order shall also be served on the defendant, if the defendant can be found, but failure to serve the defendant shall not relieve the garnishee from liability under the order. (c) Effect. An order of garnishment issued to attach any property, funds, credits or other indebtedness belonging to or owing the defendant, other than earnings, shall attach (1) all such property of the defendant which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the defendant at the time of service of the order and (2) all such property coming into the possession or control of the garnishee and belonging to the defendant, and all such credits and indebt edness becoming due to the defendant between the time of the serving of the order of garnishment and the time of the signing of the answer of the garnishee, but if the garnishee is an executor or administrator of an estate and the defendant is or may become a legatee or distributee thereof, the order of garnishment shall attach and create a first and prior lien upon any property or funds of such estate to which the defendant is entitled upon distri bution of the estate and the garnishee shall be prohibited from paying to the defendant any of such property or funds until so ordered by the court from which the order of garnishment was issued. An order of garnishment issued for the purpose of attaching earnings of the defendant shall have the effect of attaching the nonexempt portion of the defendant's earnings for any March 28, 1997 427 pay period or periods which end during the 30-day period beginning the date the order is served. Nonexempt earnings are earnings which are not exempt from wage garnishment pursuant to K.S.A. 60-2310 and amendments thereto, and computation thereof for any pay period or periods which end during the 30-day period beginning the date the order is served shall be made in accordance with the directions accompanying the garnishee's answer form served with the order of garnishment. Sec. 38. K.S.A. 1996 Supp. 60-2310 is hereby amended to read as follows: 60-2310. (a) Definitions. As used in this act and the acts of which this act is amendatory, unless the context otherwise requires, the following words and phrases shall have the meanings re spectively ascribed to them: (1) ``Earnings'' means compensation paid or payable for personal services, whether de nominated as wages, salary, commission, bonus or otherwise; (2) ``disposable earnings'' means that part of the earnings of any individual remaining after the deduction from such earnings of any amounts required by law to be withheld; (3) ``wage garnishment'' means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt; and (4) ``federal minimum hourly wage'' means that wage prescribed by subsection (a)(1) of section 6 of the federal fair labor standards act of 1938, and any amendments thereto. (b) Restriction on wage garnishment. Subject to the provisions of subsection(e)(d), only the aggregate disposable earnings of an individual may be subjected to wage garnish ment. The maximum part of such earnings of any wage earning individual which may be subjected to wage garnishment for any workweek or multiple thereof may not exceed the lesser of: (1) Twenty-five percent of the individual's aggregate disposable earnings for that workweek or multiple thereof; (2) the amount by which the individual's aggregate disposable earnings for that workweek or multiple thereof exceed an amount equal to 30 times the federal minimum hourly wage, or equivalent multiple thereof for such longer period; or (3) the amount of the plaintiff's claim as found in the order for garnishment. No one creditor may issue more than one garnishment against the earnings of the same judgment debtor during any one 30-day period, but the court shall allow the creditor to file amendments or corrections of names or addresses of any party to the order of garnishment at any time. In answering such order the garnishee-employer shall withhold from all earnings of the judg ment-debtor for any pay period or periods ending during such 30-day period an amount or amounts as are allowed and required by law. Nothing in this act shall be construed as charging the plaintiff in any garnishment action with the knowledge of the amount of any defendant's earnings prior to the commencement of such garnishment action. (c) Sickness preventing work. If any debtor is prevented from working at the debtor's regular trade, profession or calling for any period greater than two weeks because of illness of the debtor or any member of the family of the debtor, and this fact is shown by the affidavit of the debtor, the provisions of this section shall not be invoked against any such debtor until after the expiration of two months after recovery from such illness.(d) Assignment of account. If any person, firm or corporation sells or assigns an account to any person or collecting agency, that person, firm or corporation or their assignees shall not have or be entitled to the benefits of wage garnishment. The provision of this subsection shall not apply to the following: (1) Assignments of support rights to the secretary of social and rehabilitation services pursuant to K.S.A. 39-709 and 39-756, and amendments thereto; (2) support rights which have been assigned to any other state pursuant to title IV-D of the federal social security act (42 U.S.C. (section) 651 et seq.); (3) assignments of accounts receivable or taxes receivable to the director of accounts and reports made under K.S.A. 75-3728b and amendments thereto; or (4) collections pursuant to contracts entered into in accordance with K.S.A. 1996 Supp. 75-719 and amendments thereto involving the collection of restitution or debts to district courts.(e)(d) Exceptions to restrictions on wage garnishment. The restrictions on the amount of disposable earnings subject to wage garnishment as provided in subsection (b) shall not apply in the following instances: 428 JOURNAL OF THE SENATE (1) Any order of any court for the support of any person, including any order for support in the form of alimony, but the foregoing shall be subject to the restriction provided for in subsection(g)(f); (2) any order of any court of bankruptcy under chapter XIII of the federal bankruptcy act; and (3) any debt due for any state or federal tax.(f)(e) Prohibition on courts. No court of this state may make, execute or enforce any order or process in violation of this section.(g)(f) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed: (1) If the individual is supporting a spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50% of the individual's disposable earnings for that week; (2) if the individual is not supporting a spouse or dependent child described in clause (1), 60% of such individual's disposable earnings for that week; and (3) with respect to the disposable earnings of any individual for any workweek, the 50% specified in clause (1) shall be 55% and the 60% specified in clause (2) shall be 65%, if such earnings are subject to garnishment to enforce a support order for a period which is prior to the twelve-week period which ends with the beginning of such workweek. Sec. 39. K.S.A. 61-2005 is hereby amended to read as follows: 61-2005. (a) Form of garnishment order. An order of garnishment, issued independently of an attachment for the purpose of attaching earnings or for the purpose of attaching other property of the defen dant, and the answer of the garnishee are declared to be sufficient if substantially in com pliance with the appropriate form prescribed in the appendix to this act. If an order of garnishment is issued at the written direction of the party entitled to enforce the judgment, pursuant to K.S.A. 61-2004 and amendments thereto, for the purpose of enforcing (1) an order of any court for the support of any person, (2) an order of any court of bankruptcy under chapter XIII of the federal bankruptcy act or (3) a debt due for any state or federal tax, the clerk of the court shall cause such purpose to be clearly stated on the order of garnishment and the accompanying garnishee's answer form immediately below the caption thereof. If the garnishment is to enforce a court order for the support of any person, the garnishment shall not exceed 50% of an individual's disposable earnings unless the person seeking the garnishment specifies to the garnishee a greater percent to be withheld, as authorized by subsection(g)(f) of K.S.A. 60-2310 and amendments thereto. (b) Service and return. The order of garnishment shall be served on the garnishee, together with two copies of the appropriate form for the garnishee's answer prescribed in the appendix to this act, and returned by the officer making service in the same manner as an order of attachment. If the order is served prior to a judgment on the plaintiff's claim, the order shall also be served on the defendant, if the defendant can be found, except that the order shall not be served on the defendant until after service has been made on the garnishee. Failure to serve the defendant shall not relieve the garnishee from liability under the order. (c) Effect. An order of garnishment issued for the purpose of attaching any property, funds, credits or other indebtedness belonging to or owing the judgment debtor, other than earnings, shall have the effect of attaching (1) all such personal property of the defendant which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the defendant at the time of service of the order and (2) all such personal property coming into the possession or control of the garnishee and belonging to the defendant, and all such credits and indebtedness becoming due to the defendant between the time of the serving of the order of garnishment and the time of the signing of the answer of the garnishee, except that where the garnishee is an executor or administrator of an estate where the defendant is or may become a legatee or distributee thereof, the order of garnishment shall have the effect of attaching and creating a first and prior lien upon any property or funds of such estate to which the defendant is entitled upon distribution of the estate, and such garnishee shall be prohibited from paying over to the March 28, 1997 429 defendant any of such property or funds until so ordered by the court from which the order of garnishment was issued. An order of garnishment issued for the purpose of attaching earnings of the defendant shall have the effect of attaching the nonexempt portion of the defendant's earnings for any pay period or periods which end during the 30-day period beginning the day in which the order is served. Nonexempt earnings are earnings which are not exempt from wage gar nishment pursuant to K.S.A. 60-2310 and amendments thereto, and computation thereof for any pay period or periods shall be made in accordance with the directions accompanying the garnishee's answer form served with the order of garnishment. (d) Administrative fee. From income due the defendant, the garnishee may withhold and retain to defray the garnishee's costs an administrative fee of $10 for each pay period for which income is withheld, not to exceed $20 for each month for which income is with held, whichever is less. Such administrative fee shall be in addition to the amount required to be withheld under the order for garnishment. If the addition of this fee causes the total amount withheld to exceed the restrictions imposed by subsection (b) of K.S.A. 60-2310, and amendments thereto, the fee shall be deducted from the amount withheld.''; And by renumbering sections accordingly; Also on page 61, in line 14, before ``60-2007,'' by inserting ``60-717,''; in line 15, after ``61-1725'' by inserting ``, 61-2005''; also in line 15, before ``Supp.'' by inserting ``1996''; in line 16, after ``1608'' by inserting ``and 60-2310''; In the title, in line 12, before the semicolon, by inserting ``and civil actions''; in line 16, before ``60-2103,'' by inserting ``60-717,''; also in line 16, after ``61-1725'' by inserting ``, 612005''; in line 17, after ``60-1608'' by inserting ``and 60-2310'', and the bill be passed as amended. The following amendments were rejected: Senator Hensley moved to amend HB 2007 on page 61, after line 10, by inserting a new section to read as follows: ``Sec. 37. K.S.A. 60-1903 is hereby amended to read as follows: 60-1903. (a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir at law, cannot exceed in the aggregate the sum of$100,000$250,000 and costs. (b) If a wrongful death action is to a jury, the court shall not instruct the jury on the monetary limitation imposed by subsection (a) upon recovery of damages for nonpecuniary loss. If the jury verdict results in an award of damages for nonpecuniary loss which, after deduction of any amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds the limitation of subsection (a), the court shall enter judgment for damages of$100,000$250,000 for nonpecuniary loss. (c) In any wrongful death action, the verdict shall be itemized by the trier of fact to reflect the amounts, if any, awarded for: (1) Nonpecuniary damages; (2) expenses for the care of the deceased caused by the injury; and (3) pecuniary damages other than those itemized under subsection (c)(2). (d) Where applicable, the amounts required to be itemized pursuant to subsections (c)(1) and (c)(3) shall be further itemized by the trier of fact to reflect those amounts awarded for injuries and losses sustained to date and those awarded for injuries and losses reasonably expected to be sustained in the future. (e) In any wrongful death action, the trial court shall instruct the jury only on those items of damage upon which there is some evidence to base an award.''; And by renumbering sections accordingly; Also on page 61, in line 14, before ``60-2007,'' by inserting ``60-1903,''; On page 1, in the title, in line 16, before ``60-2103,'' by inserting ``60-1903,''; Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 13, nays 26, present and passing 0; absent or not voting 1. 430 JOURNAL OF THE SENATE Yeas: Barone, Downey, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Oleen, Petty, Steineger, Umbarger. Nays: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Har denburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Vidricksen. Absent or not voting: Feleciano. The motion failed and the amendment was rejected. Senator Hensley moved to amend the bill on page 61, after line 10, by inserting a new section to read as follows: ``Sec. 37. K.S.A. 60-1903 is hereby amended to read as follows: 60-1903. (a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir at law, cannot exceed in the aggregate the sum of$100,000$200,000 and costs. (b) If a wrongful death action is to a jury, the court shall not instruct the jury on the monetary limitation imposed by subsection (a) upon recovery of damages for nonpecuniary loss. If the jury verdict results in an award of damages for nonpecuniary loss which, after deduction of any amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds the limitation of subsection (a), the court shall enter judgment for damages of$100,000$200,000 for nonpecuniary loss. (c) In any wrongful death action, the verdict shall be itemized by the trier of fact to reflect the amounts, if any, awarded for: (1) Nonpecuniary damages; (2) expenses for the care of the deceased caused by the injury; and (3) pecuniary damages other than those itemized under subsection (c)(2). (d) Where applicable, the amounts required to be itemized pursuant to subsections (c)(1) and (c)(3) shall be further itemized by the trier of fact to reflect those amounts awarded for injuries and losses sustained to date and those awarded for injuries and losses reasonably expected to be sustained in the future. (e) In any wrongful death action, the trial court shall instruct the jury only on those items of damage upon which there is some evidence to base an award.''; And by renumbering sections accordingly; Also on page 61, in line 14, before ``60-2007,'' by inserting ``60-1903,''; On page 1, in the title, in line 16, before ``60-2103,'' by inserting ``60-1903,''; And the bill be passed as amended. Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 12, nays 27, present and passing 0; absent or not voting 1. Yeas: Barone, Downey, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Petty, Steineger, Umbarger. Nays: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Har denburger, Harrington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Vidricksen. Absent or not voting: Feleciano. The motion failed and the amendment was rejected. Also, HB 2055 be amended by adoption of the committee amendments, and the bill be passed as amended. HB 2056 be amended by motion of Senator Emert on page 1, by striking all of line 43; On page 2, by striking all in lines 1 through 43, inclusive; On page 3, by striking all in lines 1 through 43, inclusive; On page 4, by striking all in lines 1 through 43, inclusive; On page 5, by striking all in lines 1 through 43, inclusive; On page 6, by striking all in lines 1 through 43, inclusive; On page 7, by striking all in lines 1 through 15, and inserting the following: ``Sec. 6. K.S.A. 1996 Supp. 8-135, as amended by section 1 of 1997 House Bill No. 2203, is hereby amended to read as follows: 8-135. (a) Upon the transfer of ownership of any vehicle registered under this act, the registration of the vehicle and the right to use any March 28, 1997 431 license plate thereon shall expire and thereafter there shall be no transfer of any registration, and the license plate shall be removed by the owner thereof. It shall be unlawful for any person, other than the person to whom the license plate was originally issued, to have possession thereof. When the ownership of a registered vehicle is transferred, the original owner of the license plate may register another vehicle under the same number, upon application and payment of a fee of $1.50, if such other vehicle does not require a higher license fee. If a higher license fee is required, then the transfer may be made upon the payment of the transfer fee of $1.50 and the difference between the fee originally paid and that due for the new vehicle. (b) Subject to the provisions of subsection (a) of K.S.A. 8-198, and amendments thereto, upon the transferandor sale of any vehicle by any person or dealer, or upon any transfer in accordance with section 4, the new owner thereof, within 30 days, inclusive of weekends and holidays, from date of such transfer shall make application to the division for registration or reregistration of the vehicle, but no person shall operate the vehicle on any highway in this state during the thirty-day period without having applied for and obtained temporary registration from the county treasurer or from a dealer. After the expiration of the thirtyday period, it shall be unlawful for the owner or any other person to operate such vehicle upon the highways of this state unless the vehicle has been registered as provided in this act. For failure to make application for registration as provided in this section, a penalty of $2 shall be added to other fees. When a person has a current motorcycle or passenger vehicle registration and license plate, including any registration decal affixed thereto, for a vehicle and has sold or otherwise disposed of the vehicle and has acquired another motor cycle or passenger vehicle and intends to transfer the registration and the license plate to the motorcycle or passenger vehicle acquired, but has not yet had the registration transferred in the office of the county treasurer, such person may operate the motorcycle or passenger vehicle acquired for a period of not to exceed 30 days by displaying the license plate on the rear of the vehicle acquired. If the acquired vehicle is a new vehicle such person also must carry the assigned certificate of title or manufacturer's statement of origin when operating the acquired vehicle, except that a dealer may operate such vehicle by displaying such dealer's dealer license plate. (c) Certificate of title: No vehicle required to be registered shall be registered or any license plate or registration decal issued therefor, unless the applicant for registration shall present satisfactory evidence of ownership and apply for an original certificate of title for such vehicle. The following paragraphs of this subsection shall apply to the issuance of a certificate of title for a nonhighway vehicle, as defined in K.S.A. 8-197, and amendments thereto, except to the extent such paragraphs are made inapplicable by or are inconsistent with K.S.A. 8-198, and amendments thereto. (1) An application for certificate of title shall be made by the owner or the owner's agent upon a form furnished by the division and shall state all liens or encumbrances thereon, and such other information as the division may require. Notwithstanding any other provision of this section, no certificate of title, other than a duplicate title, shall be issued for a vehicle having any unreleased lien or encumbrance thereon, unless the transfer of such vehicle has been consented to in writing by the holder of the lien or encumbrance. Such consent shall be in a form approved by the division. In the case of members of the armed forces of the United States while the United States is engaged at war with any foreign nation and for a period of six months next following the cessation of hostilities, such application may be signed by the owner's spouse, parents, brother or sister. The county treasurer shall use reasonable diligence in ascertaining whether the facts stated in such application are true, and if satisfied that the applicant is the lawful owner of such vehicle, or otherwise entitled to have the same registered in such applicant's name, shall so notify the division, who shall issue an appropriate certificate of title. The certificate of title shall be in a form approved by the division, and shall contain a statement of any liens or encumbrances which the application shows, and such other information as the division determines. (2) The certificate of title shall contain upon the reverse side a form for assignment of title to be executed by the owner before a notary public or some other officer authorized to administer an oath. This assignment shall contain a statement of all liens or encumbrances on the vehicle at the time of assignment. The certificate of title shall also contain on the 432 JOURNAL OF THE SENATE reverse side blank spaces so that an abstract of mileage as to each owner will be available. The seller at the time of each sale shall insert the mileage on the form filed for application or reassignment of title, and the division shall insert such mileage on the certificate of title when issued to purchaser or assignee. The signature of the purchaser or assignee is required on the form filed for application or reassignment of title, acknowledging the odometer certification made by the seller, except that vehicles which are 10 model years or older and trucks with a gross vehicle weight of more than 16,000 pounds shall be exempt from the mileage acknowledgment requirement of the purchaser or assignee. Such title shall indicate whether the vehicle for which it is issued has been titled previously as a nonhighway vehicle. In addition, the reverse side shall contain two forms for reassignment by a dealer, stating the liens or encumbrances thereon. The first form of reassignment shall be used only when a dealer sells the vehicle to another dealer. The second form of reassignment shall be used by a dealer when selling the vehicle to another dealer or the ultimate owner of the vehicle. The reassignment by a dealer shall be used only where the dealer resells the vehicle, and during the time that the vehicle remains in the dealer's possession for resale, the certificate of title shall be dormant. When the ownership of any vehicle passes by operation of law, or repossession upon default of a lease, security agreement, or executory sales contract, the person owning such vehicle, upon furnishing satisfactory proof to the county treasurer of such ownership, may procure a certificate of title to the vehicle. When a vehicle is registered in another state and is repossessed in another state, the owner of such vehicle shall not be entitled to obtain a valid Kansas title or registration, except that when a vehicle is registered in another state, but is financed originally by a financial institution chartered in the state of Kansas or when a financial institution chartered in Kansas purchases a pool of motor vehicle loans from the resolution trust corporation or a federal regulatory agency, and the vehicle is repossessed in another state, such Kansas financial institution shall be entitled to obtain a valid Kansas title or registration. (3) Dealers shall execute, upon delivery to the purchaser of every new vehicle, a man ufacturer's statement of origin stating the liens and encumbrances thereon. Such statement of origin shall be delivered to the purchaser at the time of delivery of the vehicle or at a time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays. The agreement of the parties shall be executed on a form approved by the division. In the event delivery of title cannot be made personally, the seller may deliver the manufacturer's statement of origin by restricted mail to the address of purchaser shown on the purchase agreement. The manufacturer's statement of origin may include an attachment containing assignment of such statement of origin on forms approved by the division. Upon the pres entation to the division of a manufacturer's statement of origin, by a manufacturer or dealer for a new vehicle, sold in this state, a certificate of title shall be issued if there is also an application for registration, except that no application for registration shall be required for a travel trailer used for living quarters and not operated on the highways. (4) The fee for each original certificate of title shall be $7 until July 1, 1999, and $3.50 thereafter, in addition to the fee for registration of such vehicle, trailer or semitrailer. The certificate of title shall be good for the life of the vehicle, trailer or semitrailer while owned or held by the original holder of the certificate of title. (5) Upon sale and delivery to the purchaser of every vehicle subject to a purchase money security interest as defined in K.S.A. 84-9-107, and amendments thereto, the dealer or secured party may complete a notice of security interest and when so completed, the pur chaser shall execute the notice, in a form prescribed by the division, describing the vehicle and showing the name and address of the secured party and of the debtor and other infor mation the division requires. The dealer or secured party, within 15 days of the sale and delivery, may mail or deliver the notice of security interest, together with a fee of $2.50, to the division. The notice of security interest shall be retained by the division until it receives an application for a certificate of title to the vehicle and a certificate of title is issued. The certificate of title shall indicate any security interest in the vehicle. Upon issuance of the certificate of title, the division shall mail or deliver confirmation of the receipt of the notice of security interest, the date the certificate of title is issued and the security interest indi cated, to the secured party at the address shown on the notice of security interest. The proper completion and timely mailing or delivery of a notice of security interest by a dealer March 28, 1997 433 or secured party shall perfect a security interest in the vehicle described on the date of such mailing or delivery. The county treasurers shall mail a copy of the title application to the Kansas lienholder. Each county treasurer shall charge the Kansas lienholder a $1.50 service fee for processing and mailing a copy of the title application to the Kansas lienholder. (6) It shall be unlawful for any person to operate in this state a vehicle required to be registered under this act, or to transfer the title to any such vehicle to any person or dealer, unless a certificate of title has been issued as herein provided. In the event of a sale or transfer of ownership of a vehicle for which a certificate of title has been issued, which certificate of title is in the possession of the transferor at the time of delivery of the vehicle, the holder of such certificate of title shall endorse on the same an assignment thereof, with warranty of title in a form prescribed by the division and printed thereon and the transferor shall deliver the same to the buyer at the time of delivery to the buyer of the vehicle or at a time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays, after the time of delivery. The agreement of the parties shall be executed on a form provided by the division. The requirements of this paragraph concerning delivery of an assigned title are satisfied if the transferor mails to the transferee by restricted mail the assigned certificate of title within the 30 days, and if the transferor is a dealer, as defined by K.S.A. 8-2401, and amendments thereto, such transferor shall be deemed to have possession of the certificate of title if the transferor has made application therefor to the division. The buyer shall then present such assigned certificate of title to the division at the time of making application for registration of such vehicle. A new certificate of title shall be issued to the buyer, upon payment of the fee of $7 until July 1, 1999, and $3.50 thereafter. If such vehicle is sold to a resident of another state or country, the dealer or person making the sale shall notify the division of the sale and the division shall make notation thereof in the records of the division. When a person acquires a security agreement on a vehicle subsequent to the issuance of the original title on such vehicle, such person shall require the holder of the certificate of title to surrender the same and sign an application for a mortgage title in form prescribed by the division. Upon such surrender such person shall immediately deliver the certificate of title, application, and a fee of $7 until July 1, 1999, and $3.50 thereafter, to the division. Upon receipt thereof, the division shall issue a new certificate of title showing the liens or encumbrances so created, but not more than two liens or encumbrances may be shown upon a title. When a prior lienholder's name is removed from the title, there must be satisfactory evidence presented to the division that the lien or encumbrance has been paid. When the indebtedness to a lienholder, whose name is shown upon a title, is paid in full, such lienholder within 10 days after written demand by restricted mail, shall furnish to the holder of the title a release of lien or execute such a release in the space provided on the title. For failure to comply with such a demand the lienholder shall be liable to the holder of the title for $100 and also shall be liable for any loss caused to the holder by such failure. When the indebtedness to a lienholder, whose name is shown upon a title, is collected in full, such lienholder, within 30 days, shall furnish notice to the holder of title that such indebtedness has been paid in full and that such title may be presented to the lienholder at any time for release of lien. (7) It shall be unlawful for any person to buy or sell in this state any vehicle required to be registered, unless, at the time of delivery thereof or at a time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays, after the time of delivery, there shall pass between the parties a certificate of title with an assignment thereof. The sale of a vehicle required to be registered under the laws of this state, without assignment of the certificate of title, is fraudulent and void, unless the parties shall agree that the certificate of title with assignment thereof shall pass between them at a time other than the time of delivery, but within 30 days thereof. The requirements of this paragraph concerning delivery of an assigned title shall be satisfied if (i) the seller mails to the purchaser by restricted mail the assigned certificate of title within 30 days, or (ii) if the transferor is a dealer, as defined by K.S.A. 8-2401, and amendments thereto, such seller shall be deemed to have possession of the certificate of title if such seller has made application therefor to the division, or (iii) if the transferor is a dealer and has assigned a title pursuant to paragraph (9) of this subsection (c). 434 JOURNAL OF THE SENATE (8) In cases of sales under the order of a court of a vehicle required to be registered under this act, the officer conducting such sale shall issue to the purchaser a certificate naming the purchaser and reciting the facts of the sale, which certificate shall be prima facie evidence of the ownership of such purchaser for the purpose of obtaining a certificate of title to such motor vehicle and for registering the same. Any such purchaser shall be allowed 30 days, inclusive of weekends and holidays, from the date of sale to make application to the division for a certificate of title and for the registering of such motor vehicle. (9) Any dealer who has acquired a vehicle, the title for which was issued under the laws of and in a state other than the state of Kansas, shall not be required to obtain a Kansas certificate of title therefor during the time such vehicle remains in such dealer's possession and at such dealer's place of business for the purpose of sale. The purchaser or transferee shall present the assigned title to the division of vehicles when making application for a certificate of title as provided in subsection (c)(1). (10) Motor vehicles may be held and titled in transfer-on-death form.''; On page 7, in line 16, after ``8-135'', by inserting ``, as amended by section 1 of 1997 House Bill No. 2203,''; On page 1, in the title, in line 11, after ``8-135'', by inserting ``, as amended by section 1 of 1997 House Bill No. 2203,'', and the bill be passed as amended. HB 2064 be amended by motion of Senator Hensley on page 1, in line 40, by striking ``(c)'' and inserting ``(d)''; following line 42, by inserting: ``(c) The name of each recipient of hospitality in the form of recreation, food and bev erages, entertainment, gifts, honoraria or payments and the amount of each expenditure for such purposes upon such individual. The provisions of this subsection shall not apply to expenditures if the expenditures are for hospitality in the form of recreation, food and beverages and entertainment provided to and gifts for (1) all members of the legislature or (2) all members of either a committee of the house of representatives or the senate or both or (3) all members of the legislature from a congressional district.''; Also on page 1, in line 43, by striking ``(c)'' and inserting ``(d)''; On page 2, in line 3, by striking ``(d)'' and inserting ``(e)''; in line 10, by striking ``(e)'' and inserting ``(f)'' Also on page 2, following line 15, by inserting: ``Sec. 2. K.S.A. 46-232 is hereby amended to read as follows: 46-232. (a) No state officer or employee shall engage in lobbyinghissuch officer's or employee's own state agency, ifhesuch officer or employee accepts compensation specifically attributable to such lobbying, other than that provided for the performance ofhissuch officer's or employee's official duties. Nothing in this section shall prohibit a state officer or employee from lobbying without compensation other than that whichhesuch officer or employee is entitled to receive for performance ofhissuch officer's or employee's official duties. (b) From and after January 1, 1998, no individual shall be employed as a lobbyist within one year following: (1) The date of resignation from or the expiration of a term of any state office to which the individual was appointed by the governor; or (2) the date of resignation from office or the expiration of a term of office for which such individual was elected or appointed to membership in the state legislature.''; And by renumbering sections accordingly; Also on page 2, in line 16, by striking ``46-269 is'' and inserting ``46-232 and 46-269 are''; In the title, by striking all in lines 9, 10 and 11 and inserting: ``AN ACT concerning state governmental ethics; relating to lobbyists; relating to state officers and employees; amending K.S.A. 46-232 and 46-269 and repealing the existing sections.'' The bill be amended by motion of Senator Hardenburger on page 2, by striking all in line 16 and inserting: ``Sec. 2. K.S.A. 1996 Supp. 46-233 is hereby amended to read as follows: 46-233. (a) (1) No state officer or employee shall in the capacity as such officer or employee be sub stantially involved in the preparation of or participate in the making of a contract with any person or business by which such officer or employee is employed or in whose business such officer or employee or any member of such officer's or employee's immediate family March 28, 1997 435 has a substantial interest and no such person or business shall enter into any contract where any state officer or employee, acting in such capacity, is a signatory to, has been substantially involved in the preparation of or is a participant in the making of such contract and is employed by such person or business or such officer or employee or any member of such officer's or employee's immediate family has a substantial interest in such person or business.Substantial interest means ``substantial interest'' as defined by K.S.A. 46-229, and amend ments thereto, and any such interest held within the preceding twelve months of the act or event of participating in the preparation of making a contract.(2) Except as otherwise provided in this subsection, whenever any individual has, within the preceding two yearsparticipated as a state officer or employee in the making of any contract with any person or business, such individual shall not accept employment with such person or businessfor one year following termination ofas an employee, independent con tractor or subcontractor until two years after performance of the contract is completed or until two years after the individual terminates employment as a state officer or employee, whichever is sooner. This prohibition on accepting employment shall not apply in any case in which: (A) A state officer or employee who participated in making a contract while employed by an institution that is subsequently closed or abolished or otherwise ceases operations or that has budget reductions imposed that are associated with such closure and who is laid off from employment with such institution for the reason of such closure, abo lition or cessation of operations or such imposition of budget reductions; or (B) a state officer or employee who participated in making a contract while employed by an institution that is scheduled to be closed or abolished or to cease operations, who is scheduled to be laid off from employment with such institution for the reason of the scheduled closure, abolition or cessation of operations, and who voluntarily terminates such employment after receiving such state officer or employee's notice of the scheduled layoff. As used in this subsection (a)(2), ``laid off'' and ``layoff'' mean, in the case of a state officer or employee in the classified service under the Kansas civil service act, being laid off under K.S.A. 75-2948, and amendments thereto, and, in the case of a state officer or employee in the unclassified service under the Kansas civil service act, being terminated from employment with the state agency by the appointing authority, except that ``laid off'' and ``layoff'' shall not include any separation from employment pursuant to a budget reduction or expenditure authority re duction and a reduction of F.T.E. positions under K.S.A. 1996 Supp. 75-6801, and amend ments thereto; and ``institution'' means Topeka state hospital or Winfield state hospital and training center. (b) No individual shall, while a legislator or within one year after the expiration of a term as legislator, be interested pecuniarily, either directly or indirectly, in any contract with the state, which contract is funded in whole or in part by any appropriation or is authorized by any law passed during such term, except that the prohibition of this subsection (b) shall not apply to any contract interest in relation to which a disclosure statement is filed as provided by K.S.A. 46-239, and amendments thereto. (c) No individual, while a legislator or within one year after the expiration of a term as a legislator, shall represent any person in a court proceeding attacking any legislative action taken or enactment made during any term such individual served as a legislator as being unconstitutional because of error in the legislative process with respect to such action or enactment unless such legislator voted no upon the enactment of the measure and declared on the record, during such term, that such legislation was unconstitutional. The prohibition of this subsection (c) shall not apply to a current or former legislator charged with a violation of such legislative action or enactment. (d) Subsections (a) and (b) shall not apply to the following: (1) Contracts let after competitive bidding has been advertised for by published notice; and (2) Contracts for property or services for which the price or rate is fixed by law. (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. 436 JOURNAL OF THE SENATE (2) ``Substantially involved in the preparation or participate in the making of a contract'' means having approved or disapproved a contract or having provided significant factual or specific information or advice or recommendations in relation to the negotiated terms of the contract. Sec. 3. K.S.A. 46-267 is hereby amended to read as follows: 46-267. (a) No person shall pay or accept or agree to pay or accept or arrange for a third party to pay or agree to pay present, future, promised or contingent compensation, or any part thereof, for lobbying which is contingent upon the result achieved or attained. (b) No person shall pay or accept or agree to pay or accept present, future, promised or contingent compensation, or any part thereof, for the referral of a person or persons to a lobbyist for lobbying services. (c) No lobbying contract or agreement shall be valid or enforceable in a court of law unless it is in writing, signed by all parties thereto and was executed prior to the lobbyist's commencement of lobbying for the represented person under such contract or agreement. Any such lobbying contract or agreement shall be invalid and unenforceable unless such lobbyist complies with all lobbying laws and lobbyist reporting requirements of this act. Sec. 4. K.S.A. 46-267 and 46-269 and K.S.A. 1996 Supp. 46-233 are hereby repealed.''; By renumbering sections accordingly; In the title, in line 9, before ``relating'' by inserting ``relating to state officers and em ployees; relating to lobbying and lobbyists;''; in line 10, by striking ``46-269'' and inserting ``44-267 and 46-269 and K.S.A. 1996 Supp. 46-233''; in line 11, by striking ``section'' and inserting ``sections'', and the bill be passed as amended. HB 2010 be amended by adoption of the committee amendments, be further amended by motion of Senator Vidricksen on page 5, by striking all of lines 24 through 28, and the bill be passed as further amended. HB 2226 be amended by adoption of the committee amendments, and the bill be passed as amended. The following amendment offered by Senator Huelskamp to HB 2226 was rejected: On page 15, in line 3, by striking ``pursuant to an'' and inserting ``to implement those aspects of''; in line 4, by striking ``plan, for any project'' and inserting ``plans''; in line 6, by striking all after the period; by striking all of lines 7 through 12. On motion of Senator Emert, the Senate recessed until 1:30 p.m. Afternoon Session The Senate met pursuant to recess with President Bond in the chair. MESSAGE FROM THE HOUSE Announcing the House nonconcurs in Senate amendments to HB 2045, requests a con ference and has appointed Representatives Bradley, Wilson and Kirk as conferees on the part of the House. The House nonconcurs in Senate amendments to Substitute for HB 2081, requests a conference and has appointed Representatives Bradley, Wilson and Kirk as conferees on the part of the House. The House nonconcurs in Senate amendments to HB 2167, requests a conference and has appointed Representatives Hayzlett, Howell and Dillon as conferees on the part of the House. The House nonconcurs in Senate amendments to HB 2202, requests a conference and has appointed Representatives Hayzlett, Howell and Correll as conferees on the part of the House. The House nonconcurs in Senate amendments to HB 2219, requests a conference and has appointed Representatives Lloyd, Freeborn and McClure as conferees on the part of the House. March 28, 1997 437 CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Lawrence the Senate nonconcurred in the House amendments to SB 38 and requested a conference committee be appointed. The President appointed Senators Lawrence, Langworthy and Downey as a conference committee on the part of the Senate. On motion of Senator Hardenburger the Senate nonconcurred in the House amendments to SB 145 and requested a conference committee be appointed. The President appointed Senators Hardenburger, Becker and Gooch as a conference committee on the part of the Senate. On motion of Senator Corbin the Senate nonconcurred in the House amendments to SB 276 and requested a conference committee be appointed. The President appointed Senators Corbin, Morris and Biggs as a conference committee on the part of the Senate. ORIGINAL MOTION On motion of Senator Steffes, the Senate acceded to the request of the House for a conference on HB 2045. The President appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate. On motion of Senator Steffes, the Senate acceded to the request ofthe House for a conference on Sub. HB 2081. The President appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate. On motion of Senator Vidricksen, the Senate acceded to the request of the House for a conference on HB 2167. The President appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate. On motion of Senator Vidricksen, the Senate acceded to the request of the House for a conference on HB 2202. The President appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate. On motion of Senator Corbin, the Senate acceded to the request of the House for a conference on HB 2219. The President appointed Senators Corbin, Morris and Biggs as conferees on the part of the Senate. March 28, 1997 437 REPORTS OF STANDING COMMITTEES Committee on Federal and State Affairs recommends HB 2490, as amended by House Committee of the Whole, be amended on page 6, in line 36, by striking ``2001'' and inserting ``2000''; in line 40, following ``geology'' by inserting ``in Kansas''; On page 7, in line 8, by striking ``2000'' and inserting ``1999''; in line 10, by striking ``2000'' and inserting ``1999''; by striking all in lines 11 through 20; and the bill be passed as amended. Committee on Public Health and Welfare recommends SB 242 be amended on page 1, in line 20, after ``of'' by inserting ``a qualified medical director''; in line 22, by striking ``diagnostic evaluation'' and inserting ``respiratory assessment''; in line 24, by striking ``as pects of cardiopulmonary and''; in line 25, by striking all after ``performed''; in line 26, by striking all before ``include'' and inserting ``by a respiratory therapist''; also in line 26, by striking the comma where it appears for the last time; in line 27, by striking all before the colon; in line 32, by striking ``care'' and inserting ``therapy''; also in line 32, by striking ``necessary''; in line 33, by striking the last comma and inserting ``or''; in line 34, by striking ``or diagnostic''; by striking all in line 43; On page 2, in line 1, by striking all before ``Administration''; in line 2, by striking the semicolon after ``anesthesia'' and inserting a comma; also in line 2, by striking the semicolon after ``aerosols'' and inserting a comma; also in line 2, by striking the last semicolon and inserting ``and''; in line 3, by striking ``; tran-''; in line 4, by striking ``scription'' and inserting ``. (4) Transcription''; 438 JOURNAL OF THE SENATE Also on page 2, in line 5, by striking ``care; the implementation'' and inserting ``therapy. (5) Implementation''; Also on page 2, in line 6, by striking ``care'' and inserting ``therapy''; also in line 6, by striking ``the'' where it appears for the last time and inserting ``an''; also in line 6, by striking the semicolon and inserting ``or a qualified medical director or other written protocol,''; in line 8, by striking all after ``procedures''; by striking all in lines 9 through 18; in line 19, by striking all before the period and inserting ``as authorized by written protocols''; in line 29, by striking ``care'' where it appears for the first time and inserting ``therapy''; in line 33, by striking ``care'' and inserting ``therapy''; in line 35, by striking ``care'' and inserting ``therapy''; On page 3, in line 5, by striking all after ``services''; in line 6, by striking all before the semicolon; in line 25, before the period, by inserting ``, except that members appointed from the public sector shall be appointed for terms of two years and until their successors are appointed''; On page 4, in line 35, by striking ``care'' and inserting ``therapy''; On page 5, in line 4, by striking all after ``(a)''; by striking all in lines 5 through 14; in line 15, by striking ``(b)''; And by relettering subsections accordingly; On page 6, by striking all in lines 4 through 10 and inserting the following: ``(e) A person registered to practice respiratory therapy on February 28, 1998, shall be deemed to be licensed to practice respiratory therapy under this act, and such person shall not be required to file an original application for licensure under this act. Any application for registration filed but which has not been granted prior to March 1, 1998, shall be proc essed as an application for licensure under this act.''; On page 8, in line 5, after the period, by inserting ``A violation of this subsection (a) shall constitute a class B misdemeanor.''; in line 6, by striking all after ``(b)''; by striking all in line 7 and inserting ``Nothing''; in line 9, after the comma, by inserting ``registered,''; in line 13, by striking ``gratuitous services'' and inserting ``assistance''; in line 14, by striking ``provided''; by striking all in line 15; in line 16, by striking ``of the state''; in line 17, by striking ``via'' and inserting ``pursuant to''; in line 21, after the comma, by inserting ``federal facilities''; in line 23, by striking ``Medical practitioners licensed'' and inserting ``Licensees''; also in line 23, by striking ``Healing Arts Act'' and inserting ``healing arts act''; in line 25, by striking ``the Kansas Statutes, or amendments thereto,'' and inserting ``law''; in line 27, by striking the comma; in line 28, by striking all before the period; in line 30, by striking all after ``of''; by striking all in line 31; in line 32, by striking ``of this state'' and inserting ``law''; in line 34, by striking all after ``of''; in line 35, by striking ``amendments thereto,'' and inserting ``law''; in line 37, by striking all after ``thereto''; in line 38, by striking ``of this state''; in line 39, by striking ``have'' where it appears for the last time; in line 40, by striking all before ``are''; in line 41, by striking all after ``training''; in line 42, by striking ``tialing organization''; On page 9, after line 4, by inserting the following: ``(10) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold out to the public to be a respiratory therapist. (11) Monitoring, installation or delivery of medical devices, gases and equipment and the maintenance thereof by a nonlicensed person for the express purpose of self-care by a patient or gratuitous care by a friend or family member.''; Also on page 9, in line 5, by striking all after ``(c)''; by striking all in line 6; in line 7, by striking all after ``Any''; in line 8, by striking ``equipment, any''; in line 9, after ``prescribed'' by inserting ``respiratory''; in line 10, by striking ``via'' and inserting ``pursuant to''; in line 11, by striking all after ``provider''; in line 12, by striking all before the period; by striking all in lines 13 and 14; in line 15, by striking ``(e)'' and inserting ``(d)''; in line 16, before the period, by inserting ``and surgery. No statute granting authority to licensees of the state board of healing arts shall be construed to confer authority upon respiratory therapists to engage in any activity not conferred by this act''; by striking all in lines 17 through 22 and inserting in lieu thereof the following: ``Sec. 13. K.S.A. 39-952 is hereby amended to read as follows: 39-952. The secretary of health and environment or the secretary's designee shall not issue a correction order to a person licensed to operate an adult care home because of a violation of a provision of article 9 of chapter 39 of the Kansas Statutes Annotated or a rule and regulation adopted March 28, 1997 439 thereunder which was caused by any person licensed by the state board of healing arts to practice a branch of the healing arts if such person licensed by the state board of healing arts is not an owner, operator or employee of the adult care home and if the person licensed to operate the adult care home shows thathe or shesuch person has exercised reasonable diligence in notifyingsuchthe person licensed by the state board of healing arts to practice a branch of the healing arts ofhis or hersuch person's duty to the residents of the adult care home. Sec. 14. K.S.A. 40-12a01 is hereby amended to read as follows: 40-12a01. As used in this act: (a) ``Health care provider'' means any person licensed to practice any branch of the healingartarts by the board of healing arts or any hospital licensed under the provisions of K.S.A. 65-425 et seq., and amendments thereto, or a private psychiatric hospital authorized under K.S.A. 75-3307b and amendments thereto; (b) ``person'' means an individual, corporation, partnership, association, joint stock com pany, trust, unincorporated organization or any similar entity; (c) ``affiliate'' means a person that directly or indirectly, through one or more inter mediaries, employs, controls or is controlled by, or is under common control with a health care provider; (d) ``commissioner'' means the commissioner of insurance; and (e) ``association'' means any organization whose income is exempt from taxation pur suant to section 501(a) of the internal revenue code of 1986, and amendments thereto, as in effect on the effective date of this act, due to such association's compliance with section 501(c)(6) of such code, and amendments thereto, as in effect on the effective date of this act. Sec. 15. K.S.A. 1996 Supp. 40-3103 is hereby amended to read as follows: 40-3103. As used in this act, the following words and phrases shall have the meanings respectively as cribed to them herein: (a) ``Commissioner'' means the state commissioner of insurance. (b) ``Disability benefits'' means allowances for loss of monthly earnings due to an injured person's inability to engage in available and appropriate gainful activity, subject to the fol lowing conditions and limitations: (1) The injury sustained is the proximate cause of the injured person's inability to engage in available and appropriate gainful activity; (2) subject to the maximum benefits stated herein, allowances shall equal 100% of any such loss per individual, unless such allowances are deemed not includable in gross income for federal income tax purposes, in which event such allowances shall be limited to 85%; and (3) allow ances shall be made up to a maximum of not less than $900 per month for not to exceed one year after the date the injured person becomes unable to engage in available and ap propriate gainful activity. (c) ``Director'' means the director of vehicles. (d) ``Funeral benefits'' means allowances for funeral, burial or cremation expenses in an amount not to exceed $2,000 per individual. (e) ``Highway'' means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel. (f) ``Implement of husbandry'' means every vehicle designed or adapted and used ex clusively for agricultural operations and only incidentally operated or moved upon the high ways. (g) ``Insurer'' means any insurance company, as defined by K.S.A. 40-201, and amend ments thereto, authorized to transact business in this state, which issues policies of motor vehicle liability insurance covering liability arising out of the ownership, operation, main tenance or use of a motor vehicle. (h) ``Injured person'' means any person suffering injury. (i) ``Injury'' means bodily harm, sickness, disease or death resulting from an accident arising out of the ownership, maintenance or use of a motor vehicle. (j) ``Lienholder'' means a person holding a security interest in a vehicle. (k) ``Medical benefits'' means and includes allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary health care rendered by practitioners licensed by the state board of healing arts to practice any branch of the healing arts or licensed 440 JOURNAL OF THE SENATE psychologists, surgical, x-ray and dental services, including prosthetic devices and necessary ambulance, hospital and nursing services; and such term also includes allowances for services recognized and permitted under the laws of this state for an injured person who relies upon spiritual means through prayer alone for healing in accordance with such person's religious beliefs. (l) ``Monthly earnings'' means: (1) In the case of a regularly employed person or a person regularly self-employed, 1/12 of the annual earnings at the time of injury; or (2) in the case of a person not regularly employed or self-employed, or of an unemployed person, 1/12 of the anticipated annual earnings from the time such person would reasonably have been expected to be regularly employed. In calculating the anticipated annual earnings of an unemployed person who has previously been employed, the insurer shall average the annual compensation of such person for not to exceed five years preceding the year of injury or death, during which such person was employed. (m) ``Motor vehicle'' means every self-propelled vehicle of a kind required to be reg istered in this state, including any trailer, semitrailer or pole trailer designed for use with such vehicle, but such term does not include a motorized bicycle. (n) ``Operator'' means any person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. (o) ``Owner'' means a person, other than a lienholder, having property in or title to a motor vehicle, including a person who is entitled to the use and possession of a motor vehicle subject to a security interest held by another person, but such term does not include a lessee under a lease not intended as security. (p) ``Person'' means an individual, partnership, corporation or other association of per sons. (q) ``Personal injury protection benefits'' means the disability benefits, funeral benefits, medical benefits, rehabilitation benefits, substitution benefits and survivors' benefits re quired to be provided in motor vehicle liability insurance policies pursuant to this act. (r) ``Rehabilitation benefits'' means allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary psychiatric or psychological services, occupational therapy and such occupational training and retraining as may be reasonably necessary to enable the injured person to obtain suitable employment. (s) ``Relative residing in the same household'' means a relative of any degree by blood, marriage or adoption, who usually makes such person's home in the same family unit, whether or not temporarily living elsewhere. (t) ``Security interest'' means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. (u) ``Self-insurer'' means any person effecting self-insurance pursuant to subsection (f) of K.S.A. 40-3104, and amendments thereto, or any nonresident self-insurer that has filed the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto. (v) ``Special mobile equipment'' means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing ma chines, motor graders, road rollers, scarifiers, earth moving carryalls and scrapers, power shovels and drag lines and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached. (w) ``Substitution benefits'' means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed for the benefit of such person or such person's family, subject to a maximum of $25 per day for not longer than 365 days after the date such expenses are incurred. March 28, 1997 441 (x) ``Survivor'' means a decedent's spouse, or child under the age of 18 years, where death of the decedent resulted from an injury. (y) ``Survivors' benefits'' means total allowances to all survivors for: (1) Loss of an injured person's monthly earnings after such person's death, up to a maximum of not less than $900 per month; and (2) substitution benefits following the injured person's death. Expenses of the survivors which have been avoided by reason of the injured person's death shall be subtracted from the allowances to which survivors would otherwise be entitled, and survi vors' benefits shall not be paid for more than one year after the injured person's death, less the number of months the injured person received disability benefits prior to such person's death. For purposes of this subsection, monthly earnings shall include, in the case of a person who was a social security recipient or a retirement or pension benefit recipient, or both, at the time of such injured person's death, 1/12 of the annual amount of the difference between the annual amount of the social security benefits or the retirement benefits, or both, that such injured person was receiving at the time of such injured person's death and the annual amount of the social security benefits or the retirement benefits, or both, that the survivor is receiving after the time of such injured person's death. (z) ``Uninsured motor vehicle'' means any motor vehicle which is not included under an approved self-insurance plan of a self-insurer or for which there is not in effect a motor vehicle liability insurance policy meeting the requirements of this act. (aa) ``Any workmen's compensation law'' means the workmen's compensation act of Kansas, the United States longshoremen's and harbor workers' compensation act, the federal employer liability acts, and any similar state or federal law. Sec. 16. K.S.A. 1996 Supp. 65-4116 is hereby amended to read as follows: 65-4116. (a) Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state shall obtain annually a registration issued by the board in accordance with the uniform controlled substances act and with rules and regulations adopted by the board. (b) Persons registered by the board under this act to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dis pense or conduct research with those substances to the extent authorized by their registra tion and in conformity with the other provisions of this act. (c) The following persons need not register and may lawfully possess controlled sub stances under this act, as specified in this subsection: (1) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of such agent or employee's business or employment; (2) a common or contract carrier or warehouseman or an employee thereof whose pos session of any controlled substance is in the usual course of business or employment; (3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance; (4) persons licensed and registered by the board under the provisions of the acts con tained in article 16 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, to manufacture, dispense or distribute drugs are considered to be in compliance with the registration provision of the uniform controlled substances act without additional proceed ings before the board or the payment of additional fees, except that manufacturers and distributors shall complete and file the application form required under the uniform con trolled substances act; (5) any person licensed by the state board of healing arts; (6) any person licensed by the state board of veterinary examiners; (7) any person licensed by the Kansas dental board; and (8) any person who is a member of the Native American Church, with respect to use or possession of peyote, whose use or possession of peyote is in, or for use in, bona fide religious ceremonies of the Native American Church, but nothing in this paragraph shall authorize the use or possession of peyote in any place used for the confinement or housing of persons arrested, charged or convicted of criminal offenses or in the state security hospital. 442 JOURNAL OF THE SENATE (d) The board may waive by rules and regulations the requirement for registration of certain manufacturers, distributors or dispensers if the board finds it consistent with the public health and safety, except that licensure of any person by the state board of healing arts to practice any branch of the healing arts, Kansas dental board or the state board of veterinary examiners shall constitute compliance with the registration requirements of the uniform controlled substances act by such person for such person's place of professional practice. Evidence of abuse as determined by the board relating to a person licensed by the state board of healing arts shall be submitted to the state board of healing arts and the attorney general within 60 days. The state board of healing arts shall, within 60 days, make findings of fact and take such action against such person as it deems necessary. All findings of fact and any action taken shall be reported by the state board of healing arts to the board of pharmacy and the attorney general. Evidence of abuse as determined by the board re lating to a person licensed by the state board of veterinary examiners shall be submitted to the state board of veterinary examiners and the attorney general within 60 days. The state board of veterinary examiners shall, within 60 days, make findings of fact and take such action against such person as it deems necessary. All findings of fact and any action taken shall be reported by the state board of veterinary examiners to the board of pharmacy and the attorney general. Evidence of abuse as determined by the board relating to a dentist licensed by the Kansas dental board shall be submitted to the Kansas dental board and the attorney general within 60 days. The Kansas dental board shall, within 60 days, make findings of fact and take such action against such dentist as it deems necessary. All findings of fact and any action taken shall be reported by the Kansas dental board to the board of pharmacy and the attorney general. (e) A separate annual registration is required at each place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances. (f) The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules and regulations. (g) (1) The registration of any person or location shall terminate when such person or authorized representative of a location dies, ceases legal existence, discontinues business or professional practice or changes the location as shown on the certificate of registration. Any registrant who ceases legal existence, discontinues business or professional practice, or changes location as shown on the certificate of registration, shall notify the board promptly of such fact and forthwith deliver the certificate of registration directly to the secretary or executive secretary of the board. In the event of a change in name or mailing address the person or authorized representative of the location shall notify the board promptly in ad vance of the effective date of this change by filing the change of name or mailing address with the board. This change shall be noted on the original application on file with the board. (2) No registration or any authority conferred thereby shall be assigned or otherwise transferred except upon such conditions as the board may specifically designate and then only pursuant to the written consent of the board. Sec. 17. K.S.A. 1996 Supp. 65-4915 is hereby amended to read as follows: 65-4915. (a) As used in this section: (1) ``Health care provider'' means: (A) Those persons and entities defined as a health care provider under K.S.A. 40-3401 and amendments thereto; and (B) a dentist licensed by the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a profes sional nurse licensed by the board of nursing, a practical nurse licensed by the board of nursing, a mental health technician licensed by the board of nursing, a physical therapist assistant certified by the state board of healing arts, an occupational therapist registered by the state board of healing arts, an occupational therapy assistant registered by the state board of healing arts, a respiratory therapistregisteredlicensed by the state board of healing arts, a physician's assistant registered by the state board of healing arts and attendants and ambulance services certified by the emergency medical services board. (2) ``Health care provider group'' means: (A) A state or local association of health care providers; (B) the board of governors created under K.S.A. 40-3403 and amendments thereto; (C) an organization of health care providers formed pursuant to state or federal law and authorized to evaluate medical and health care services; March 28, 1997 443 (D) a review committee operating pursuant to K.S.A. 65-2840b through 65-2840d, and amendments thereto; (E) an organized medical staff of a licensed medical care facility as defined by K.S.A. 65-425 and amendments thereto, an organized medical staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto or an organized medical staff of a state psychiatric hospital or state institution for the mentally retarded, as follows: Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Topeka state hos pital, Kansas neurological institute, Norton state hospital, Parsons state hospital and training center and Winfield state hospital and training center; (F) a health care provider; (G) a professional society of health care providers or one or more committees thereof; (H) a Kansas corporation whose stockholders or members are health care providers or an association of health care providers, which corporation evaluates medical and health care services; or (I) an insurance company, health maintenance organization or administrator of a health benefits plan which engages in any of the functions defined as peer review under this section. (3) ``Peer review'' means any of the following functions: (A) Evaluate and improve the quality of health care services rendered by health care providers; (B) determine that health services rendered were professionally indicated or were per formed in compliance with the applicable standard of care; (C) determine that the cost of health care rendered was considered reasonable by the providers of professional health services in this area; (D) evaluate the qualifications, competence and performance of the providers of health care or to act upon matters relating to the discipline of any individual provider of health care; (E) reduce morbidity or mortality; (F) establish and enforce guidelines designed to keep within reasonable bounds the cost of health care; (G) conduct of research; (H) determine if a hospital's facilities are being properly utilized; (I) supervise, discipline, admit, determine privileges or control members of a hospital's medical staff; (J) review the professional qualifications or activities of health care providers; (K) evaluate the quantity, quality and timeliness of health care services rendered to patients in the facility; (L) evaluate, review or improve methods, procedures or treatments being utilized by the medical care facility or by health care providers in a facility rendering health care. (4) ``Peer review officer or committee'' means: (A) An individual employed, designated or appointed by, or a committee of or employed, designated or appointed by, a health care provider group and authorized to perform peer review; or (B) a health care provider monitoring the delivery of health care at correctional insti tutions under the jurisdiction of the secretary of corrections. (b) Except as provided by K.S.A. 60-437 and amendments thereto and by subsections (c) and (d), the reports, statements, memoranda, proceedings, findings and other records of peer review committees or officers shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible in evidence in any judicial or administrative proceeding. Information contained in such records shall not be discoverable or admissible at trial in the form of testimony by an individual who participated in the peer review process. This privilege may be claimed by the legal entity creating the peer review committee or officer, or by the commissioner of insurance for any records or proceedings of the board of governors. (c) Subsection (b) shall not apply to proceedings in which a health care provider contests the revocation, denial, restriction or termination of staff privileges or the license, registration, certification or other authorization to practice of the health care provider. 444 JOURNAL OF THE SENATE (d) Nothing in this section shall limit the authority, which may otherwise be provided by law, of the commissioner of insurance, the state board of healing arts or other health care provider licensing or disciplinary boards of this state to require a peer review committee or officer to report to it any disciplinary action or recommendation of such committee or officer; to transfer to it records of such committee's or officer's proceedings or actions to restrict or revoke the license, registration, certification or other authorization to practice of a health care provider; or to terminate the liability of the fund for all claims against a specific health care provider for damages for death or personal injury pursuant to subsection (i) of K.S.A. 40-3403 and amendments thereto. Reports and records so furnished shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding other than a disciplinary proceeding by the state board of healing arts or other health care provider licensing or disciplinary boards of this state. (e) A peer review committee or officer may report to and discuss its activities, infor mation and findings to other peer review committees or officers or to a board of directors or an administrative officer of a health care provider without waiver of the privilege provided by subsection (b) and the records of all such committees or officers relating to such report shall be privileged as provided by subsection (b). (f) Nothing in this section shall be construed to prevent an insured from obtaining information pertaining to payment of benefits under a contract with an insurance company, a health maintenance organization or an administrator of a health benefits plan. Sec. 18. K.S.A. 65-4921 is hereby amended to read as follows: 65-4921. As used in K.S.A. 65-4921 through 65-4930, and amendments thereto: (a) ``Appropriate licensing agency'' means the agency that issued the license to the in dividual or health care provider who is the subject of a report under this act. (b) ``Department'' means the department of health and environment. (c) ``Health care provider'' means: (1) Those persons and entities defined as a health care provider under K.S.A. 40-3401 and amendments thereto; and (2) a dentist licensed by the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a profes sional nurse licensed by the board of nursing, a practical nurse licensed by the board of nursing, a mental health technician licensed by the board of nursing, a physical therapist assistant certified by the state board of healing arts, an occupational therapist registered by the state board of healing arts, an occupational therapy assistant registered by the state board of healing arts and a respiratory therapistregisteredlicensed by the state board of healing arts. (d) ``License,'' ``licensee'' and ``licensing'' include comparable terms which relate to reg ulation similar to licensure, such as registration. (e) ``Medical care facility'' means: (1) A medical care facility licensed under K.S.A. 65425 et seq. and amendments thereto; (2) a private psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto; and (3) state psychiatric hospitals and state institutions for the mentally retarded, as follows: Larned state hospital, Osawatomie state hospital, Rain bow mental health facility, Topeka state hospital, Kansas neurological institute, Norton state hospital, Parsons state hospital and training center and Winfield state hospital and training center. (f) ``Reportable incident'' means an act by a health care provider which: (1) Is or may be below the applicable standard of care and has a reasonable probability of causing injury to a patient; or (2) may be grounds for disciplinary action by the appropriate licensing agency. (g) ``Risk manager'' means the individual designated by a medical care facility to ad minister its internal risk management program and to receive reports of reportable incidents within the facility. (h) ``Secretary'' means the secretary of health and environment. Sec. 19. K.S.A. 1996 Supp. 74-4916 is hereby amended to read as follows: 74-4916. (1) Upon the death of a member before retirement, the member's accumulated contributions shall be paid to the member's beneficiary. (2) (a) In the event that a member dies before retirement as a result of an accident arising out of and in the course of the member's actual performance of duty in the employ of a participating employer independent of all other causes and not as a result of a willfully March 28, 1997 445 negligent or intentional act of the member, an accidental death benefit shall be payable if: (A) A report of the accident, in a form acceptable to the board, is filed in the office of the executive secretary of the board within 60 days after the date of the accident causing such death and an application for such benefit, in such form and manner as the board shall prescribe, is filed in the office of the executive secretary of the board within two years of the date of the accident, but the board may waive such time limits for a reasonable period if in the judgment of the board the failure to meet these limits was due to lack of knowledge or incapacity; and (B) the board finds from such evidence as it may require, to be submitted in such form and manner as it shall prescribe, that the natural and proximate cause of death was the result of an accident arising out of and in the course of the member's employment with a participating employer independent of all other causes at a definite time and place. Such accidental death benefit shall be a lump-sum amount of $50,000 and an annual amount of 1/2 of the member's final average salary which shall accrue from the first day of the month following the date of death and which shall be payable in monthly installments or as the board may direct, but, after June 30, 1982, in no case shall the accidental death benefit be less than $100 per month. The accidental death benefit payments shall be paid to the surviving spouse of such deceased member, such payments to continue so long as such surviving spouse lives or if there is no surviving spouse, or in the case the spouse dies before the youngest child of such deceased member attains age 18 or before the youngest child of such deceased member attains age 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117 and amendments thereto or if there are one or more children of the member who are totally disabled and dependent on the member or spouse, then to the child or children of such member under age 18 or under age 23, if such child or children are full-time students as provided in K.S.A. 74-49,117 and amendments thereto and to the child or children of the member who are totally disabled and dependent on the member or spouse, divided in such manner as the board in its discretion shall determine, to continue until the youngest surviving child dies or attains age 18 or attains age 23 if such child is a full-time student as provided in K.S.A. 79-49,117 and amendments thereto or, in the case of the child or children who are totally disabled and dependent on the member or spouse, until death or until no longer totally disabled, or if there is no surviving spouse or child eligible for accidental death benefits under this subsection (2) at the time of the member's death, then to the parent or parents of such member who are dependent on such member, to continue until the last such parent dies. All payments due under this subsection (2) to a minor shall be made to a legally appointed conservator of such minor or totally disabled child as provided in subsection (7) of K.S.A. 74-4902 and amendments thereto. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termi nation of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. (b) In construction of this section of the act there shall be no presumption that the death of the member was the result of an accident nor shall there be a liberal interpretation of the law or evidence in favor of the person claiming under this subsection (2). In the event of the death of a member resulting from a heart, circulatory or respiratory condition there must be clear and precise evidence that death was the result of an accident independent of all other causes which arose out of and in the course of the member's actual performance of duties in the employ of a participating employer. (c) The annual benefit under this subsection (2) shall be reduced by any workers com pensation benefit payable. If the workers compensation benefit is paid in a lump sum, the amount of such reduction shall be calculated on a monthly basis over the period of time for which workers compensation benefits would have been payable had such lump sum not been paid. For any recipient already in receipt of such benefits on the effective date of this act, no change in the original reduction for workers compensation benefits shall be appli cable to benefits paid prior to July 1, 1994. In the event that a member should die as a result of an accident as described in this subsection (2), all elections or options previously made by the deceased member shall become void and of no effect whatsoever and the 446 JOURNAL OF THE SENATE retirement system shall be liable only for the accidental death benefit, refund of accumulated contributions as described in subsection (1) and any insured death benefit that may be due. The benefit payable under this subsection (2) shall be known and referred to as the ``acci dental death benefit.'' (3) (a) Upon the application of a member, or the member's appointing authority acting for the member, a member who is in the employ of a participating employer and becomes totally and permanently disabled for duty in the employ of a participating employer, by reason of an accident which occurred prior to July 1, 1975, may be retired by the board if, (A) the board finds the total and permanent disability to be the natural and proximate result of an accident causing personal injury or disease independent of all other causes and arising out of and in the course of the member's actual performance of duties as an employee of a participating employer; and (B) a report of the accident, in a form acceptable to the board is filed in the office of the executive secretary of the board within 200 days after the date of the accident causing such injury; and (C) such application for retirement under this provision, in such form and manner as shall be prescribed by the board, is filed in the office of the executive secretary of the board within two years of the date of the accident; and (D) after a medical examination of the member has been made by or under the direction of a medical physician or physicians or any other practitioner holding a valid license to practice a branch of the healing arts issued by theKansasstate board of healing arts designated by the board and the medical physician or physicians or any other practitioner holding a valid license to practice a branch of the healing arts issued by theKansasstate board of healing arts report in writing to the board that the member is physically or mentally totally disabled for duty in the employ of a participating employer and that such disability will probably be permanent; and (E) the board finds that the member became permanently and totally dis abled on a date certain based on the evidence furnished and the professional guidance obtained and that such disability was not the result of a willfully negligent or intentional act of the member. If the board shall so retire the applicant, the member shall receive annually an accidental total disability benefit equal to 1/2 of the member's final average salary which shall accrue from the first day of the month following the date of such accidental total and permanent disability as found by the board payable in monthly installments or as the board may direct. (b) In construction of this subsection (3) there shall be no presumption that the disability of the member was the result of an accident nor shall there be a liberal interpretation of the law or evidence in favor of the member claiming under this subsection (3). In the event of the disability of a member resulting from a heart, circulatory or respiratory condition there must be clear and precise evidence that disability was the result of an accident inde pendent of all other causes which arose out of and in the course of the member's actual performance of duties in the employ of a participating employer. (c) A member will continue to receive such accidental total disability benefit so long as the member is wholly and continuously disabled by such injury and prevented thereby from engaging in any gainful occupation or employment for which the member is reasonably qualified by reason of education, training or experience. The accidental loss of both hands by actual severance through or above the wrist joint, or the accidental loss of both feet by actual severance through or above the ankle joint or the entire and irrecoverable accidental loss of sight of both eyes, or such severance of one hand and one foot, and such severance of one hand or one foot and such loss of sight of one eye, shall be deemed accidental total and permanent disability and accidental total disability benefits shall be paid so long as the member lives. (d) Any retirant retired by reason of such accidental total and permanent disability who has been receiving benefits under the provisions of this subsection (3) for a period of five years shall be deemed finally retired and shall not be subject to further medical examinations, except that if the board of trustees has reasonable grounds to question whether the retirant remains totally and permanently disabled, a further medical examination or examinations may be required. Refusal or neglect to submit to examination shall be sufficient cause for suspending or discontinuing the accidental total disability benefit. If the refusal or neglect continues for a period of one year, all of the member's rights with respect to such accidental total disability benefit may be revoked by the board. March 28, 1997 447 (e) In the event that a retirant who is receiving an accidental total disability benefit dies within five years after the date of the retirant's retirement, an accidental death benefit shall then be payable as provided in subsection (2) of this section. (f) A member who retires under the provisions of this subsection (3) shall receive such benefits as provided in this subsection (3) in lieu of all other retirement benefits provided under the retirement system except that no member shall be entitled to receive any pay ments under this subsection (3) for a period for which insured disability benefits are re ceived. (g) The value, as determined by the board upon recommendation of the actuary, of any workmen's compensation benefits paid or payable to the recipient of an accidental total disability benefit shall be deducted from the amount payable under this section. (h) The benefit payable under subsection (3) of this section shall be known and referred to as ``accidental total disability benefit.'' Sec. 20. K.S.A. 1996 Supp. 74-4960a is hereby amended to read as follows: 74-4960a. (1) If any active contributing member who is appointed or employed on or after July 1, 1989, or who makes an election pursuant to K.S.A. 74-4955a and amendments thereto to be covered by the provisions of this act becomes disabled as defined in subsection (2), such member shall receive a monthly benefit equal to 50% of the member's final average salary at the time such member was disabled payable in monthly installments, accruing from the first day upon which the member ceases to draw compensation, if a report of the disability in such form and manner as the board shall prescribe is filed in the office of the executive secretary of the board within 220 days after the date of the commencement of such disability and if an application for such benefit in such form and manner as the board shall prescribe is filed in the office of the executive secretary of the board within two years of the date of the commencement of such disability. (2) For the purposes of this section, ``disabled'' means total inability to perform per manently the duties of the position of policeman or fireman. (3) In the event a member who is disabled and entitled to such benefits as provided in subsection (1) dies after the date of such disability, and no benefits are payable under subsection (3) of K.S.A. 74-4958 and amendments thereto, the following benefits shall be payable: (i) To the member's spouse, if lawfully wedded to the member at the time of the mem ber's death, a lump-sum benefit equal to 50% of the member's final average salary at the time such member was disabled. (ii) To the member's spouse, if lawfully wedded to the member at the time of the member's death, an annual benefit equal to 50% of the member's benefit payable in monthly installments, to accrue from the first day of the month following the member's date of death and ending on the last day of the month in which the spouse dies. Commencing on the effective date of this act, any surviving spouse, who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such spouse's remarriage, shall be entitled to once again receive benefits pursuant to this section, except that such surviving spouse shall not be entitled to recover any benefits not received after the termination of benefits by reason of such surviving spouse's remarriage but before the effective date of this act. If there is no surviving spouse, or if after the death of the spouse there remain one or more children under the age of 18 years or one or more children under the age of 23 years who is a full-time student as provided in K.S.A. 74-49,117 and amendments thereto, the annual spouse's benefit shall be payable in equal shares to such children and each child's share shall end on the last day of the month in which such child attains the age of 18 years or dies, whichever occurs earlier or in which such child attains the age of 23 years, if such child is a full-time student as provided in K.S.A. 74-49,117 and amendments thereto. Com mencing on the effective date of this act, any child who was receiving benefits pursuant to this section and who had such benefits terminated by reason of such child's marriage, shall be entitled to once again receive benefits pursuant to this section subject to the limitations contained in this section, except that such child shall not be entitled to recover any benefits not received after the termination of benefits by reason of such child's marriage but before the effective date of this act. 448 JOURNAL OF THE SENATE (4) Any member who was employed for compensation by an employer other than the member's participating employer and whose disability was incurred in the course of such other employment shall not be eligible for any of the benefits provided in subsection (1) or (3). (5) If a member becomes totally and permanently disabled and no benefits are payable under subsection (1), the sum of the member's accumulated contributions shall be paid to the member. (6) Any member receiving benefits under this section shall submit to medical exami nation, not oftener than annually, by one or more physicians or any other practitioners of the healing arts holding a valid license issued byKansasthe state board of healing arts to practice a branch of the healing arts, as the board of trustees may direct. If upon such medical examination, the examiner's report to the board that the member is physically able and capable of resuming employment with the participating employer from whose employ ment such member was employed prior to such member's disability, the disability benefits shall terminate. A member who has been receiving benefits under the provisions of this section and who returns to employment of a participating employer shall immediately com mence accruing service credit which shall be added to that which has been accrued by virtue of previous service. (7) Any member who has been receiving benefits under the provisions of this section for a period of five years shall be deemed permanent and shall not be subject to further medical examinations, except that if the board of trustees shall have reasonable grounds to question whether the member remains totally and permanently disabled, a further medical examination or examinations may be required. (8) Refusal or neglect to submit to examination as provided in subsection (6) shall be sufficient cause for suspending or discontinuing benefit payments under this section and if such refusal or neglect shall continue for a period of one year, the member's rights in and to all benefits under this system may be revoked by the board. (9) In the event that a member becomes disabled and is eligible for benefits provided in this section, such member shall be given participating service credit for the entire period of such disability. (10) Any member who is receiving benefits pursuant to this section shall file annually a statement of earnings for the previous year in such form and manner as the board shall prescribe. Any disability benefit paid to a member entitled to such benefit pursuant to this section shall be reduced by the board in an amount equal to a $1 reduction in such benefit for every $2 of earnings of such member which were earned during the previous year while such member was disabled. Such reduction shall apply only to a member's earnings which exceed $10,000. (11) Any benefits provided pursuant to this section and any participating service credit given pursuant to subsection (9) shall terminate upon the earliest date such member is eligible for retirement upon attainment of the normal retirement date as provided in K.S.A. 74-4964a and amendments thereto. (12) Any member who has received benefits under the provisions of this section for a period of five years or more immediately preceding retirement shall have such member's final average salary adjusted upon retirement by the actuarial salary assumption rates in existence during such period. Effective July 1, 1993, each member's current annual rate shall be adjusted upon retirement by 5% for each year of disability after July 1, 1993. (13) All payments due under this section to a minor shall be made to a legally appointed conservator of such minor. (14) The provisions of this section shall be effective on and after July 1, 1989 and shall apply only to members who were appointed or employed prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-4955a and amendments thereto; and persons ap pointed or employed on or after July 1, 1989.''; And by renumbering sections accordingly; Also on page 9, in line 23, after ``K.S.A.'' by inserting ``39-952, 40-12a01, 65-4921,''; in line 24, by striking the comma preceding ``65-5514'' and inserting ``and''; also in line 24, by striking ``65-5516'' and inserting ``K.S.A. 1996 Supp. 40-3103, 65-4116, 65-4915, 74-4916 and 74-4960a''; in line 26, before ``its'' by inserting ``March 1, 1998, and''; March 28, 1997 449 On page 1, in the title, in line 10, after ``K.S.A.'' by inserting ``39-952, 40-12a01, 654921,''; in line 11, by striking the comma before ``65-5514'' and inserting ``and''; also in line 11, by striking ``65-5516'' and inserting ``K.S.A. 1996 Supp. 40-3103, 65-4116, 65-4915, 744916 and 74-4960a''; and the bill be passed as amended. Committee on Ways and Means recommends HB 2374, as amended by Senate Com mittee, be amended on page 5, by striking all in lines 30 through 43; On page 6, by striking all in lines 1 through 15; And by renumbering sections accordingly; Also on page 6, in line 16, by striking all after ``74-9001'' and inserting in lieu thereof ``is''; On page 1, in the title, in line 16, by striking ``K.S.A. 1996 Supp. 79-4801 and''; in line 17, by striking ``sections'' and inserting in lieu thereof ``section''; and the bill be passed as amended. REPORT ON ENGROSSED BILLS SB 161, 187, 234 reported correctly engrossed March 28, 1997. Also, SB 33, 41 correctly re-engrossed March 28, 1977. COMMITTEE OF THE WHOLE The Committee returned to consideration of bills on the calendar under the heading of General Orders with Senator Ranson in the chair. Recommended that HB 2095 be passed. S. Sub HB 2082 as amended by adoption of the committee report recommending a S. Sub HB 2082, be amended by motion of Senator Steffes on page 10, in line 17, after the period, by inserting a new paragraph as follows: ``For tax years 1998 and thereafter, the annual tax shall be reduced for the ``applicable percentage'' of (1) any taxes paid on business in this state pursuant to the provisions of K.S.A. 75-1508 and amendments thereto and (2) the amount of the firefighters relief tax credit determined by the commissioner of insurance. The amount of the firefighters relief tax credit for a company taxable under this subsection for the current tax year shall be determined by the commissioner of insurance by dividing (A) the total amount of taxes paid by all such companies on business in this state under K.S.A. 40-1701 to 40-1707 and amend ments thereto for tax year 1983 as then in effect, by (B) the total amount of taxes paid by all such companies on business in this state under K.S.A. 40-1703 and amendments thereto for the tax year immediately preceding the current tax year, and by multiplying the result so obtained by (C) the amount of taxes paid by the company on business in this state under K.S.A. 40-1703 and amendments thereto for the current tax year. The ``applicable percent age'' shall be as follows: Tax Year 1998 ...... 10%..... 1999 ...... 20%..... 2000 ...... 30%..... 2001 ...... 40%..... 2002 ...... 50%..... 2003 ...... 60%..... 2004 ...... 70%..... 2005 ...... 80%..... 2006 ...... 90%..... 2007 and thereafter ...... 100%'';..... On page 11, by striking all in lines 22 through 43; On page 12, by striking all in lines 1 through 23 and inserting the following: ``F Mutual nonprofit hospital service corporations, nonprofit medical service corporations, non profit dental service corporations, nonprofit optometric service corporations and non profit pharmacy service corporations organized under the laws of any other state, ter ritory or country: 1. Mutual nonprofit hospital service corporations: Admission fees: 450 JOURNAL OF THE SENATE Examination of charter and other documents................... $500. Filing annual statement...................................... 100. Certificate of authority..................................... 10. Annual fees: Filing annual statement...................................... 100. Continuation of certificate of authority..................... 10. 2. Nonprofit medical service corporations, nonprofit dental service corporations, non profit optometric service corporations and nonprofit pharmacy service corporations: Admission fees: Examination of charter and other documents................... $500. Filing annual statement...................................... 100. Certificate of authority..................................... 10. Annual fees: Filing annual statement...................................... 100. Continuation of certificate of authority..................... 10. In addition to the above fees and as a condition precedent to the continuation of the certificate of authority, provided in this code, every corporation or association shall pay annually to the commissioner of insurance a tax in an amount equal to 2% per annum of the total on all premiums, subscription charges, or any other term which may be used to describe the charges made by such corporation or association to subscribers in this state for hospital, medical or other health services or indemnity received during the preceding year. In such computations all such corporations or associations shall be entitled to deduct any premiums or subscription charges returned on account of cancellations and dividends re turned to members or subscribers.''; On page 13, by striking all in lines 14 through 43; On page 14, by striking all in lines 1 through 16; On page 16, by striking all in lines 9 through 43; By striking all of page 17; On page 18, by striking all in lines 1 through 15 and inserting the following: New Sec. 7. (a) For tax year 1998, each company required to pay a tax on premiums under subsection A, C, D or F of K.S.A. 40-252 and amendments thereto shall be allowed as a credit against such tax 25% of the salaries paid to Kansas employees, and for tax years 1999 and thereafter, each company required to pay a tax on premiums under K.S.A. 40-252 and amendments thereto shall be allowed as a credit against such tax 30% of the salaries paid to Kansas employees. Before taking into account any other credit or offset against the tax on premiums imposed under K.S.A. 40-252 and amendments thereto, the credit allowed under this section may not reduce such tax by more than 1% of premiums taxable thereunder for tax year 1998 or by more than 1.25% of premiums taxable thereunder for tax years 1999 and thereafter. (b) As used in this section, unless the context otherwise requires: (1) ``Affiliate'' means an insurance company which, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another insurance company. ``Affiliate'' also includes any company or business entity other than an insurance company which, directly or indirectly, through one or more intermediaries, con trols, is controlled by or is under common control with an insurance company and which performs insurance company operations for an insurance company. For purposes of this definition, control exists if any company or business entity, directly or indirectly, owns, holds with the power to vote or holds proxies representing all the voting stock or other voting securities of any other company or business entity. (2) ``Insurance company'' or ``company'' means any entity subject to a tax on premiums under subsections A, C, D or F of K.S.A. 40-252 and amendments thereto, including the attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney. For the purpose of this section, a reciprocal and its attorney-in-fact will be considered a single entity. (3) ``Insurance company operations'' means one or more or any combination of the following functions or services performed in connection with the development, sale and administration of products giving rise to receipts subject to a tax on premiums under sub March 28, 1997 451 section A, C, D or F of K.S.A. 40-252 and amendments thereto: Actuarial, medical, legal, investments, accounting, auditing, underwriting, policy issuance, information, policyholder services, premium collection, claims, advertising and publications, public relations, human resources, marketing, sales office staff, training of sales and service personnel, and clerical, managerial and other support for any such functions or services. (4) ``Kansas employees'' means persons who are employed in Kansas and who are com mon law employees of an insurance company or its affiliate. ``Kansas employees'' does not include independent contractors or any person to the extent such person's compensation is based on commissions. (5) ``Salaries'' means gross compensation paid to Kansas employees as reported to the State of Kansas for income tax purposes for the calendar year for which a tax on premiums is imposed under K.S.A. 40-252 and amendments thereto, but only to the extent compen sation is paid for insurance company operations performed in Kansas for an insurance com pany or its insurance company affiliates subject to the tax on premiums under subsection A, C, D or F of K.S.A. 40-252 and amendments thereto. ``Salaries'' does not include com pensation based on commissions. (c) For an insurance company having affiliates: (1) Salaries paid by a noninsurance company affiliate shall be allocated among insurance company affiliates pursuant to the agreement between or among the insurance company and its affiliates. (2) The gross amount of all premiums of an insurance company subject to tax under subsection A, C, D or F of K.S.A. 40-252 and amendments thereto and those of its insurance company affiliates subject to such tax may be aggregated. In addition, all salaries paid to Kansas employees may be aggregated. Subject to the limitation on the salary credit set forth in subsection (a) of this section, the total allowable salary credit may be determined as if all the aggregated premiums were received and all the aggregated salaries were paid by one insurance company. Once the total allowable salary credit is determined for all insurance company affiliates, the total credit may be allocated among the insurance company and its insurance company affiliates at the discretion of the insurance company on a per insurance company basis, subject to the limitation on the salary credit as set forth in subsection (a) of this section. (d) The computation of salaries, the allowable salary credit and the allocation of the credit among insurance company affiliates shall be made on forms supplied by the com missioner of insurance. (e) For purposes of calculating any tax due under K.S.A. 40-253 and amendments thereto from a taxpayer not organized under the laws of this state, the credit allowed by this section shall be treated as a tax paid under K.S.A. 40-252 and amendments thereto. New Sec. 8. For tax years 1999 and thereafter, a foreign or domestic insurance company required to pay a tax on premiums under subsection A, C, D or F of K.S.A. 40-252 and amendments thereto and writing less than $15,000,000 in premiums in all states shall be allowed as a small company credit against such tax the amount computed as follows: (a) Subtract the total dollar amount of all premiums written by the company in all states from $15,000,000; (b) Divide the result obtained in (a) by 15,000,000; (c) Multiply the quotient obtained in (b) by 30,000. Before taking into account any other credit or offset against the tax on premiums imposed under K.S.A. 40-252 and amendments thereto, the employment credit allowed under new section 7 and amendments thereto and the small company credit allowed under this section, taken together, may not reduce such tax by more than 1.25% of premiums taxable under K.S.A. 40-252 and amendments thereto. For purposes of calculating any tax due under K.S.A. 40-253 and amendments thereto from a taxpayer not organized under the laws of this state, the credit allowed by this section shall be treated as a tax paid under K.S.A. 40252 and amendments thereto.'', and the substitute bill be passed as amended. HB 2143 be amended by motion of Senator Pugh on page 1, in line 18, by striking ``$500,000'' and inserting ``: (1) $100,000, if the personal representative of the deceased maintains a personal injury cause of action, and costs; or (2) $250,000, if no personal injury 452 JOURNAL OF THE SENATE cause of action is maintained,''; in line 26, by striking ``of $500,000'' and inserting ``in an amount as provided in subsection (a)'';. The bill be amended by motion of Senator Kerr on page 1, after line 40, by inserting: ``Sec. 2. K.S.A. 60-1905 is hereby amended to read as follows: 60-1905. The net amount recovered in anysuchwrongful death action, after the allowance by the judge of costs and reasonableattorneysattorney fees to the attorneys for the plaintiffs subject to the provisions of section 3, in accordance with the services performed by each if therebeis more than one, shall be apportioned by the judge upon a hearing, with reasonable notice to all of the known heirs having an interest therein,. Such noticetoshall be given in such manner as the judgeshall directdirects. The apportionment shall be in proportion to the loss sustained by each of the heirs, and all heirs known to have sustained a loss shall share in such appor tionment regardless of whether they joined or intervened in the action; but. In the absence of fraud, no person who failed to join or intervene in the action may claim any error in such apportionment after the ordershall havehas been entered and the funds distributed pur suanttheretoto such order. New Sec. 3. In any wrongful death action, no attorney fees for the recovery of damages for nonpecuniary loss shall exceed the lessor of: (1) 50% of the awarded damages for non pecuniary loss; or (2) $50,000.''; And by renumbering sections accordingly; Also on page 1, in line 41, by striking ``is'' and inserting ``and 60-1905 are''; On page 1, in the title, in line 11, after ``60-1903'' by inserting ``and 60-1905''; also in line 11, by striking ``section'' and inserting ``sections'', and the bill be passed as amended. HB 2230 be amended by motion of Senator Emert on page 1, in line 14, before ``Section'' by inserting ``New''; after line 33, by inserting ``Sec. 2. K.S.A. 1996 Supp. 45-221 is hereby amended to read as follows: 45-221. (a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: (1) Records the disclosure of which is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or the disclosure of which is prohibited or restricted pursuant to specific authorization of federal law, state statute or rule of the Kansas supreme court to restrict or prohibit disclosure. (2) Records which are privileged under the rules of evidence, unless the holder of the privilege consents to the disclosure. (3) Medical, psychiatric, psychological or alcoholism or drug dependency treatment re cords which pertain to identifiable patients. (4) Personnel records, performance ratings or individually identifiable records pertain ing to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such. (5) Information which would reveal the identity of any undercover agent or any inform ant reporting a specific violation of law. (6) Letters of reference or recommendation pertaining to the character or qualifications of an identifiable individual. (7) Library, archive and museum materials contributed by private persons, to the extent of any limitations imposed as conditions of the contribution. (8) Information which would reveal the identity of an individual who lawfully makes a donation to a public agency, if anonymity of the donor is a condition of the donation. (9) Testing and examination materials, before the test or examination is given or if it is to be given again, or records of individual test or examination scores, other than records which show only passage or failure and not specific scores. (10) Criminal investigation records, except that the district court, in an action brought pursuant to K.S.A. 45-222, and amendments thereto, may order disclosure of such records, subject to such conditions as the court may impose, if the court finds that disclosure: (A) Is in the public interest; (B) would not interfere with any prospective law enforcement action; (C) would not reveal the identity of any confidential source or undercover agent; March 28, 1997 453 (D) would not reveal confidential investigative techniques or procedures not known to the general public; (E) would not endanger the life or physical safety of any person; and (F) would not reveal the name, address, phone number or any other information which specifically and individually identifies the victim of any sexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto. (11) Records of agencies involved in administrative adjudication or civil litigation, com piled in the process of detecting or investigating violations of civil law or administrative rules and regulations, if disclosure would interfere with a prospective administrative adjudication or civil litigation or reveal the identity of a confidential source or undercover agent. (12) Records of emergency or security information or procedures of a public agency, or plans, drawings, specifications or related information for any building or facility which is used for purposes requiring security measures in or around the building or facility or which is used for the generation or transmission of power, water, fuels or communications, if disclosure would jeopardize security of the public agency, building or facility. (13) The contents of appraisals or engineering or feasibility estimates or evaluations made by or for a public agency relative to the acquisition of property, prior to the award of formal contracts therefor. (14) Correspondence between a public agency and a private individual, other than cor respondence which is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or which is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual. (15) Records pertaining to employer-employee negotiations, if disclosure would reveal information discussed in a lawful executive session under K.S.A. 75-4319, and amendments thereto. (16) Software programs for electronic data processing and documentation thereof, but each public agency shall maintain a register, open to the public, that describes: (A) The information which the agency maintains on computer facilities; and (B) the form in which the information can be made available using existing computer programs. (17) Applications, financial statements and other information submitted in connection with applications for student financial assistance where financial need is a consideration for the award. (18) Plans, designs, drawings or specifications which are prepared by a person other than an employee of a public agency or records which are the property of a private person. (19) Well samples, logs or surveys which the state corporation commission requires to be filed by persons who have drilled or caused to be drilled, or are drilling or causing to be drilled, holes for the purpose of discovery or production of oil or gas, to the extent that disclosure is limited by rules and regulations of the state corporation commission. (20) Notes, preliminary drafts, research data in the process of analysis, unfunded grant proposals, memoranda, recommendations or other records in which opinions are expressed or policies or actions are proposed, except that this exemption shall not apply when such records are publicly cited or identified in an open meeting or in an agenda of an open meeting. (21) Records of a public agency having legislative powers, which records pertain to proposed legislation or amendments to proposed legislation, except that this exemption shall not apply when such records are: (A) Publicly cited or identified in an open meeting or in an agenda of an open meeting; or (B) distributed to a majority of a quorum of any body which has authority to take action or make recommendations to the public agency with regard to the matters to which such records pertain. (22) Records of a public agency having legislative powers, which records pertain to research prepared for one or more members of such agency, except that this exemption shall not apply when such records are: 454 JOURNAL OF THE SENATE (A) Publicly cited or identified in an open meeting or in an agenda of an open meeting; or (B) distributed to a majority of a quorum of any body which has authority to take action or make recommendations to the public agency with regard to the matters to which such records pertain. (23) Library patron and circulation records which pertain to identifiable individuals. (24) Records which are compiled for census or research purposes and which pertain to identifiable individuals. (25) Records which represent and constitute the work product of an attorney. (26) Records of a utility or other public service pertaining to individually identifiable residential customers of the utility or service, except that information concerning billings for specific individual customers named by the requester shall be subject to disclosure as provided by this act. (27) Specifications for competitive bidding, until the specifications are officially ap proved by the public agency. (28) Sealed bids and related documents, until a bid is accepted or all bids rejected. (29) Correctional records pertaining to an identifiable inmate or releasee, except that: (A) The name,sentence data, parole eligibility date, disciplinary record, custody level and location of an inmatephotograph and other identifying information, sentence data, parole eligibility date, custody or supervision level, disciplinary record, supervision viola tions, conditions of supervision, excluding requirements pertaining to mental health or sub stance abuse counseling, location of facility where incarcerated or location of parole office maintaining supervision and address of a releasee whose crime was committed after the effective date of this act shall be subject to disclosure to any person other than another inmate or releasee, except that disclosure of the location of an inmate transferred to another state pursuant to the interstate corrections compact shall be at the discretion of the secretary of corrections; (B) the ombudsman of corrections, the attorney general, law enforcement agencies, counsel for the inmate to whom the record pertains and any county or district attorney shall have access to correctional records to the extent otherwise permitted by law; (C) the information provided to the law enforcement agency pursuant to the sex of fender registration act, K.S.A. 22-4901, et seq., and amendments thereto, shall be subject to disclosure to any person; and (D) records of the department of corrections regarding the financial assets of an of fender in the custody of the secretary of corrections shall be subject to disclosure to the victim, or such victim's family, of the crime for which the inmate is in custody as set forth in an order of restitution by the sentencing court. (30) Public records containing information of a personal nature where the public dis closure thereof would constitute a clearly unwarranted invasion of personal privacy. (31) Public records pertaining to prospective location of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within or expanding within the state. This exception shall not include those records pertaining to application of agencies for permits or licenses necessary to do business or to expand business operations within this state, except as otherwise provided by law. (32) The bidder's list of contractors who have requested bid proposals for construction projects from any public agency, until a bid is accepted or all bids rejected. (33) Engineering and architectural estimates made by or for any public agency relative to public improvements. (34) Financial information submitted by contractors in qualification statements to any public agency. (35) Records involved in the obtaining and processing of intellectual property rights that are expected to be, wholly or partially vested in or owned by a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, or an assignee of the institution organized and existing for the benefit of the institution. (36) Any report or record which is made pursuant to K.S.A. 65-4922, 65-4923 or 654924, and amendments thereto, and which is privileged pursuant to K.S.A. 65-4915 or 654925, and amendments thereto. March 28, 1997 455 (37) Information which would reveal the precise location of an archeological site. (38) Any financial data or traffic information from a railroad company, to a public agency, concerning the sale, lease or rehabilitation of the railroad's property in Kansas. (39) Risk-based capital reports, risk-based capital plans and corrective orders including the working papers and the results of any analysis filed with the commissioner of insurance in accordance with K.S.A. 1996 Supp. 40-2c20, and amendments thereto. (40) Memoranda and related materials required to be used to support the annual ac tuarial opinions submitted pursuant to subsection (b) of K.S.A. 40-409, and amendments thereto. (41) Disclosure reports filed with the commissioner of insurance under subsection (a) of K.S.A. 1996 Supp. 40-2,156, and amendments thereto. (42) All financial analysis ratios and examination synopses concerning insurance com panies that are submitted to the commissioner by the national association of insurance commissioners' insurance regulatory information system. (43) Any records the disclosure of which is restricted or prohibited by a tribal-state gaming compact. (44) Market research, market plans, business plans and the terms and conditions of managed care or other third party contracts, developed or entered into by the university of Kansas medical center in the operation and management of the university hospital which the chancellor of the university of Kansas or the chancellor's designee determines would give an unfair advantage to competitors of the university of Kansas medical center. (b) Except to the extent disclosure is otherwise required by law or as appropriate during the course of an administrative proceeding or on appeal from agency action, a public agency or officer shall not disclose financial information of a taxpayer which may be required or requested by a county appraiser to assist in the determination of the value of the taxpayer's property for ad valorem taxation purposes; or any financial information of a personal nature required or requested by a public agency or officer, including a name, job description or title revealing the salary or other compensation of officers, employees or applicants for employment with a firm, corporation or agency, except a public agency. Nothing contained herein shall be construed to prohibit the publication of statistics, so classified as to prevent identification of particular reports or returns and the items thereof. (c) As used in this section, the term ``cited or identified'' shall not include a request to an employee of a public agency that a document be prepared. (d) If a public record contains material which is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public record which is subject to disclosure pursuant to this act. If a public record is not subject to disclosure because it pertains to an identifiable individual, the public agency shall delete the identifying portions of the record and make available to the requester any remaining portions which are subject to disclosure pursuant to this act, unless the request is for a record pertaining to a specific individual or to such a limited group of individuals that the individuals' identities are reasonably ascertainable, the public agency shall not be required to disclose those portions of the record which pertain to such individual or individuals. (e) The provisions of this section shall not be construed to exempt from public disclosure statistical information not descriptive of any identifiable person. (f) Notwithstanding the provisions of subsection (a), any public record which has been in existence more than 70 years shall be open for inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and amend ments thereto. Sec. 3. K.S.A. 1996 Supp. 45-221 and 45-221d are hereby repealed.''; And by renumbering sections accordingly; Also on page 1, in the title, in line 10, by striking ``and'' and inserting a comma; also in line 10, after ``punishment'' by inserting ``and criminal procedure''; in line 11, after ``schemes'' by inserting ``; correctional records, open; amending K.S.A. 1996 Supp. 45-221 and repealing the existing section; also repealing K.S.A. 1996 Supp. 45-221d'', and the bill be passed as amended. 456 JOURNAL OF THE SENATE HB 2255 be amended by motion of Senator Praeger on page 2, in line 12, by inserting after ``(f)'' the following: ``(1)''; in line 18, by striking all after the period; by striking all in line 19; in line 20, by striking all before ``As'' and inserting in lieu thereof: ``For a purchaser to be eligible for reimbursement under this subsection (f)(1), the applicable income of the person or persons who have legal responsibility for the diagnosed child shall not exceed 185% of the poverty level established under the most recent poverty guidelines issued by the federal department of health and human services.''; also in line 20, by inserting before ``As'' the following: ``(2)'' and by commencing a paragraph with such ``(2)''; in line 21, by striking ``this''; also in line 21, by inserting before the comma the following: ``(f)(1)''; in line 24, after the period, by inserting: ``For a diagnosed child to be eligible for the distribution of food treatment products under this subsection (f)(2), the applicable income of the person or persons who have legal responsibility for the diagnosed child shall not exceed 185% of the poverty level established under the most recent poverty guidelines issued by the federal department of health and human services. (3) In addition to diagnosed cases under this section, diagnosed cases of maple syrup urine disease shall be included as a diagnosed case under this subsection (f).'', and the bill be passed as amended. HB 2315 be amended by motion of Senator Hardenburger on page 1, in line 26, by striking ``contribution or''; in line 27, by striking ``, civic,'' and inserting ``or civic''; by striking all in line 28; in line 29, by striking all before ``any'' and inserting: ``; or (5) expenses incurred in the purchase of tickets to meals and special events sponsored by''; Also on page 1, in line 32, by striking ``(5)'' and inserting ``(6)'' Also, as Amended by House Committee of the Whole, on page 5, by striking all in lines 39 and 40 and inserting: ``Sec. 4. K.S.A. 25-4156 is hereby amended to read as follows: 25-4156. (a) (1) When ever any person sells space in any newspaper, magazine or other periodical to a candidate or to a candidate committee, party committee or political committee, the charge made for the use of such space shall not exceed the charges made for comparable use of such space for other purposes. (2) Intentionally charging an excessive amount for political advertising is a class A mis demeanor. (b) (1) Corrupt political advertising of a state or local office is: (A) Publishing or causing to be published in a newspaper or other periodical any paid matter which is designed or tends to aid, injure or defeat any candidate for nomination or election to a state or local office, unless such matter is followed by the word ``advertisement'' or the abbreviation ``adv.'' in a separate line together with the name of the chairperson or treasurer of the political or other organizationinserting the same orsponsoring the same and the name of thepersonindividual who is responsible therefor and the city and state of residence of such individual or the city and state in which the primary office of such organ ization is located; (B) publishing or causing to be published any brochure, flier or other political fact sheet which is designed or tends to aid, injure or defeat any candidate for nomination or election to a state or local office, unless such matter is followed by the name of the chairperson or treasurer of the political or other organization sponsoring the same and the name of the individual who is responsible therefor and the city and state of residence of such individual or the city and state in which the primary office of such organization is located; oror(C) broadcasting or causing to be broadcast by any radio or television station any paid matter which is designed or tends to aid, injure or defeat any candidate for nomination or election to a state or local office, unless such matter is followed by a statement that the preceding was an advertisement together with the name of the chairperson of the political or other organization sponsoring the sameorand the name of thepersonindividual who is responsible therefor and the city and state of residence of such individual or the city and state in which the primary office of such organization is located. March 28, 1997 457 (2) The provisions of this subsection requiring the disclosure of the name of an individual shall not apply to individuals making expenditures in an aggregate amount of less than $100 within a calendar year.(2)(3) Corrupt political advertising of a state or local office is a class C misdemeanor. (c) (1) Unfair political advertising involving a state office is the use of a candidate's voting record, on any legislative measure which involved more than one material issue in such legislative measure, in any paid political advertising without including in such political advertising, a statement that other issues were included in the legislative measure which are not addressed in the advertisement. (2) Unfair political advertising involving a state officer is a class C misdemeanor. (d) It shall be a defense to a prosecution or imposition of a civil fine under this section if the defendant has secured a written certification from the person responsible for the advertising that such person has included the information required by this section in such advertisement. Sec. 5. 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 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) costs associated with internal organizational communications of business, labor, pro fessional or other associations; (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 458 JOURNAL OF THE SENATE 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 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 isa residenton the ballot. 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 cumulative. March 28, 1997 459 Sec. 6. 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, 25-4145or 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 shallalsostate 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. Sec. 7. K.S.A. 25-4148, 25-4150, 25-4156 and 25-4172 and K.S.A. 1996 Supp. 25-4152 and 25-4157a are hereby repealed.''; By renumbering sections accordingly; In the title, by striking all in lines 10 through 13 and inserting: ``AN ACT concerning elections; relating to campaign finance; amending K.S.A. 25-4148, 25-4150, 25-4156 and 25-4172 and K.S.A. 1996 Supp. 25-4152 and 25-4157a and repealing the existing sections.'' The bill be amended by motion of Senator Bleeker on page 5, following line 38, by inserting: ``Sec. 4. K.S.A. 25-4169a is hereby amended to read as follows: 25-4169a. (a) No officer or employee of the state of Kansas, any county, any unified school district having 35,000 or more pupils regularly enrolled, any city of the first class or the board of public utilities of the city of Kansas City, Kansas, shall use or authorize the use of public funds or public vehicles, machinery, equipment or supplies or other property of any such governmental agency or the time of any officer or employee of any such governmental agency, for which the officer or employee is compensated by such governmental agency, for the purpose of influencing the nomination or election of any candidate to state office or local office. The provisions of this section prohibiting the use of time of any officer or employee for such purposes shall not apply to an incumbent officer campaigning for nomination or reelection to a succeeding term to such office or to members of the personal staff of any elected officer. The provisions of this section prohibiting the use of property of any such governmental agency shall not apply to the use of facilities of any such governmental agency for the holding of public forums, debates or events to which all candidates have equal access. (b) Any person violating the provisions of this section shall be guilty of a class C mis demeanor. New Sec. 5. (a) No officer or employee of any unified school district, having less than 35,000 pupils enrolled in the preceding school year, shall use or authorize the use of public funds or public vehicles, machinery, equipment, supplies or other property of such district or the time of any officer or employee of any such district, for which the officer of employee is compensated by such district, for the purpose of influencing the nomination or election of any candidate to a school district office or other local office or state office. The provisions of this section prohibiting the use of school property shall not apply to the use of school facilities for the holding of public forums, debates or events to which all candidates have equal access. (b) Any person violating the provisions of this section shall be guilty of a class C mis demeanor.''; 460 JOURNAL OF THE SENATE And by renumbering sections accordingly; Also on page 5, in line 39, following ``25-4148'' by inserting ``, 25-4169a''; On page 1, in the title, in line 10, following ``ACT'' by inserting ``concerning elections;''; also in line 10, by striking ``relating to certain reports;''; in line 11, following ``25-4148'' by inserting ``, 25-4169a'' The bill be amended by motion of Senator Kerr on page 5, following line 38, by inserting: ``New Sec. 4. No officer or employee of the state of Kansas, any county, any unified school district having 35,000 or more pupils regularly enrolled in the preceding school year, any city of the first class or the board of public utilities of the city of Kansas City, Kansas, responsible for the disbursement of funds in payment of wages or salaries shall withhold or divert a portion of an employee's wages or salaries for contributions to political committees for use as political contributions except upon the written request of the employee. The request shall be made only on a form prescribed by the Kansas commission on governmental standards and conduct which form shall contain a clear and unambiguous statement that the employee may choose not to make such request for deduction and may opt to not return the form to the employer. The form may only be filled out as to the amount of deduction by the employee and must be signed by the employee in order to be valid. The request shall be valid for no more than 12 months from the date it is signed. New Sec. 5. No officer or employee of any municipality or political subdivision of the state described in K.S.A. 25-901, and amendments thereto, responsible for the disbursement of funds in payment of wages or salaries shall withhold or divert a portion of an employee's wages or salaries for contributions to political committees or for use as political contributions except upon the written request of the employee. The request shall be made only on a form prescribed by the Kansas commission on governmental standards and conduct which form shall contain a clear and unambiguous statement that the employee may choose not to make such request for deduction and may opt to not return the form to the employer. The form may only be filled out as to the amount of deduction by the employee and must be signed by the employee in order to be valid. The request shall be valid for no more than 12 months from the date it is signed.''; By renumbering sections accordingly, and the bill be passed as amended. The following amendments offered to HB 2315 were rejected: Senator Hardenburger moved to amend the bill as Amended by House Committee of the Whole, on page 5, following line 38, by inserting: ``New Sec. 4. (a) (1) Except as otherwise provided in this subsection, the definitions set forth in K.S.A. 25-4143, and amendments thereto, shall be applicable to the provisions in this section. (2) As used in this section: (A) ``Regulated entity'' means: Any person who is required by law to be licensed by the insurance commissioner; or any person who engages in a business or profession which is regulated by the insurance commissioner; or any person employed by a company regulated by the insurance commissioner; or any attorney who has or is currently representing any party in any dispute regarding insurance coverage for one or more parties to the dispute; or any member, employee or officer of an association that sponsors insurance pools; or any member, employee or officer of an association that owns an insurance company; or any member, employee, or officer of a health care provider group; or any member, employee, or officer of a union or association which is regulated through pooling statutes or insurance company laws and regulations; or any corporation carrying on the business of a bank, trust, surety, indemnity, safe deposit, or insurance company; or any trustee or trustees owning or holding the majority of the stock of such corporation; or any employees or officers of such corporation; or any registered lobbyist who represents any party in issues involving the insurance department; or any state employees employed by the insurance department; or any member of a board under the jurisdiction of the insurance commissioner; and (B) ``contracting entity'' means any person who contracts with the department of insur ance to provide legal services for the department in cases in which the workers compensation fund is involved. (b) No person holding the office of insurance commissioner and no candidate for the office of insurance commissioner and no candidate committee of a candidate for the office March 28, 1997 461 of insurance commissioner shall knowingly solicit a contribution from any regulated entity or contracting entity or any person or political committee acting on behalf of a regulated entity or contracting entity. (c) Any person or entity violating the provisions of this act shall be punished in the manner and be subject to the penalties prescribed by K.S.A. 25-4181, and amendments thereto.''; By renumbering sections accordingly. The motion failed and the amendment was rejected. Senator Hensley moved to amend the bill on page 5, following line 38, by inserting: ``New Sec. 4. (a) (1) Except as otherwise provided in this subsection, the definitions set forth in K.S.A. 25-4143, and amendments thereto, shall be applicable to the provisions in this section. (2) As used in this section: (A) ``Regulated entity'' means any person who is required by law to be licensed by the insurance commissioner, or any person who engages in a business or profession which is regulated by the insurance commissioner, or any person employed by a company regulated by the insurance commissioner; and (B) ``contracting entity'' means any person who contracts with the department of insur ance to provide legal services for the department in cases in which the workers compensation fund is involved. (b) No regulated entity or contracting entity and no person or political committee acting on behalf of a regulated entity or contracting entity shall make a contribution to or on behalf of a person holding the office of insurance commissioner, to or on behalf of a candidate for the office of insurance commissioner or, to or on behalf of a candidate committee of any such candidate. (c) No person holding the office of insurance commissioner and no candidate for the office of insurance commissioner and no candidate committee of a candidate for the office of insurance commissioner shall knowingly solicit or accept a contribution from any regu lated entity or contracting entity or any person or political committee acting on behalf of a regulated entity or contracting entity. (d) Any person or entity violating the provisions of this act shall be punished in the manner and be subject to the penalties prescribed by K.S.A. 25-4181, and amendments thereto.''; By renumbering sections accordingly; In the title, in line 10, following ``ACT'', by inserting ``concerning elections;''; also in line 10, by striking ``relating to certain reports;''. Upon the showing of five hands a roll call vote was requested. On roll call, the vote was: Yeas 13, nays 25, present and passing 1; absent or not voting 1. Yeas: Barone, Biggs, Downey, Gilstrap, Gooch, Goodwin, Hensley, Jones, Karr, Lee, Petty, Salisbury, Steineger. Nays: Becker, Bleeker, Bond, Brownlee, Clark, Donovan, Emert, Hardenburger, Har rington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Present and passing: Corbin. Absent or not voting: Feleciano. The motion failed and the amendment was rejected. HB 2025 be amended by adoption of the committee amendments, be further amended by motion of Senator Morris on page 3, by striking all in line 43; On page 4, by striking all in line 1 and inserting in lieu thereof the following: ``New Sec. 2. The court may impose an administrative fee in the amount of $35 against any defendant entitled to counsel pursuant to K.S.A. 22-4503, and amendments thereto. If it appears to the satisfaction of the court that payment of the administrative fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the administrative fee. All moneys received pursuant to this section shall be remitted to the state treasurer at least monthly, and the state treasurer shall deposit the same in the state treasury to the credit of the indigents' defense services fund. 462 JOURNAL OF THE SENATE New Sec. 3. The clerk of the district court shall remit at least monthly to the county treasurer of each county in the judicial district, and the county treasurer shall deposit the same to the credit of the county general fund, the amount equal to 40% of the total amount of bail forfeitures received in such county during the preceding calendar month. Sec. 4. K.S.A. 20-350 is hereby amended to read as follows: 20-350. (a) Except for fines and penalties authorized to be paid to counties pursuant to K.S.A. 19-101e and amendments thereto, and subsection (b), and amendments thereto, all moneys received by the clerk of the district court from the payment of fines, penalties and forfeitures shall be remitted to the state treasurer, in the manner provided by K.S.A. 20-2801 and amendments thereto, and the state treasurer shall deposit the same in the state treasury to the credit of the state general fund, except as provided in K.S.A. 74-7336, and amendments thereto. (b) Except as provided by section 3, all moneys received by the clerk of the district court from the payment of bail forfeitures shall be remitted to the state treasurer at least monthly. The state treasurer shall deposit the same in the state treasury and shall credit equal portions of such remittance to the indigents' defense services fund and the state general fund.(b)(c) The administrative judge may invest any moneys on deposit in the district court account if the moneys are not immediately required for the purposes for which they were collected or received. Such moneys may be invested in: (1) Time deposits, open account or certificates of deposit, for periods not to exceed six months, or savings deposits, in com mercial banks located in the county, except that amounts invested which are not insured by the United States government shall be secured in the manner and amounts provided by K.S.A. 9-1402 and amendments thereto; (2) United States treasury bills or notes with ma turities not to exceed six months; or (3) savings and loan associations located in the county. No investment of more than the amount insured by the federal deposit insurance corpo ration shall be made in any one savings and loan association. Interest received from the investment of moneys pursuant to this subsection shall be paid to the state treasurer in the manner provided by K.S.A. 20-2801 and amendments thereto, and the state treasurer shall deposit the same in the state treasury to the credit of the state general fund.(c)(d) Upon application of a party to an action in which such party claims ownership of moneys held by the district court, the administrative judge may invest such moneys in the same manner as provided by subsection(b)(c). Interest received from the investment of moneys pursuant to this subsection shall become the property of the person found to be the owner of the moneys. Sec. 5. K.S.A. 21-4603 is hereby amended to read as follows: 21-4603. (a) Whenever any person has been found guilty of a crime and the court finds that an adequate presentence investigation cannot be conducted by resources available within the judicial district, includ ing mental health centers and mental health clinics, the court may require that a presentence investigation be conducted by the Topeka correctional facility or by the state security hos pital. If the offender is sent to the Topeka correctional facility or the state security hospital for a presentence investigation under this section, the correctional facility or hospital may keep the offender confined for a maximum of 60 days, except that an inmate may be held for a longer period of time on order of the secretary, or until the court calls for the return of the offender. While held at the Topeka correctional facility or the state security hospital the defendant may be treated the same as any person committed to the secretary of cor rections or secretary of social and rehabilitation services for purposes of maintaining security and control, discipline, and emergency medical or psychiatric treatment, and general pop ulation management except that no such person shall be transferred out of the state or to a federal institution or to any other location unless the transfer is between the correctional facility and the state security hospital. The correctional facility or the state security hospital shall compile a complete mental and physical evaluation of such offender and shall make its findings and recommendations known to the court in the presentence report. (b) Except as provided in subsection (c), whenever any person has been found guilty of a crime, the court may adjudge any of the following: (1) Commit the defendant to the custody of the secretary of corrections or, if confine ment is for a term less than one year, to jail for the term provided by law; (2) impose the fine applicable to the offense; March 28, 1997 463 (3) release the defendant on probation subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution. In felony cases, the court may include confinement in a county jail not to exceed 30 days, which need not be served consecutively, as a condition of probation; (4) suspend the imposition of the sentence subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution. In felony cases, the court may include confinement in a county jail not to exceed 30 days, which need not be served consecutively, as a condition of suspension of sentence; (5) assign the defendant to a community correctional services program subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution; (6) assign the defendant to a conservation camp for a period not to exceed 180 days; (7) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and amendments thereto; (8) order the defendant to attend and satisfactorily complete an alcohol or drug edu cation or training program as provided by subsection (3) of K.S.A. 21-4502 and amendments thereto;or(9) order the defendant to pay the administrative fee authorized by section 2, unless waived by the court; or(9)(10) impose any appropriate combination of subsections (b)(1) through (b)(8)(9). In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502 and amendments thereto. In addition to any of the above, the court shall order the defendant to reimburse the state general fund for all or a part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents' defense services or the amount prescribed by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto. In imposing a fine the court may authorize the payment thereof in installments. In re leasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of corrections or to jail, the court may specify in its order the amount of restitution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole or conditional release. The court in committing a defendant to the custody of the secretary of corrections shall fix a maximum term of confinement within the limits provided by law. In those cases where the law does not fix a maximum term of confinement for the crime for which the defendant was convicted, the court shall fix the maximum term of such confinement. In all cases where the defendant is committed to the custody of the secretary of corrections, the court shall fix the minimum term within the limits provided by law. (c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, and amendments thereto, has been found guilty of a class A or B felony, the court shall commit the defendant to the custody of the secretary of corrections and may impose the fine applicable to the offense. (d) (1) Except when an appeal is taken and determined adversely to the defendant as provided in subsection (d)(2), at any time within 120 days after a sentence is imposed, after probation or assignment to a community correctional services program has been revoked, 464 JOURNAL OF THE SENATE the court may modify such sentence, revocation of probation or assignment to a community correctional services program by directing that a less severe penalty be imposed in lieu of that originally adjudged within statutory limits and shall modify such sentence if recom mended by the Topeka correctional facility unless the court finds and sets forth with par ticularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the inmate will not be served by such modification. (2) If an appeal is taken and determined adversely to the defendant, such sentence may be modified within 120 days after the receipt by the clerk of the district court of the mandate from the supreme court or court of appeals. (e) The court shall modify the sentence at any time before the expiration thereof when such modification is recommended by the secretary of corrections unless the court finds and sets forth with particularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the inmate will not be served by such modification. The court shall have the power to impose a less severe penalty upon the inmate, including the power to reduce the minimum below the statutory limit on the min imum term prescribed for the crime of which the inmate has been convicted. The recom mendation of the secretary of corrections, the hearing on the recommendation and the order of modification shall be made in open court. Notice of the recommendation of modification of sentence and the time and place of the hearing thereon shall be given by the inmate, or by the inmate's legal counsel, at least 21 days prior to the hearing to the county or district attorney of the county where the inmate was convicted. After receipt of such notice and at least 14 days prior to the hearing, the county or district attorney shall give notice of the recommendation of modification of sentence and the time and place of the hearing thereon to any victim of the inmate's crime who is alive and whose address is known to the county or district attorney or, if the victim is deceased, to the victim's next of kin if the next of kin's address is known to the county or district attorney. Proof of service of each notice required to be given by this subsection shall be filed with the court. (f) After such defendant has been assigned to a conservation camp but prior to the end of 180 days, the chief administrator of such camp shall file a performance report and rec ommendations with the court. The court shall enter an order based on such report and recommendations modifying the sentence, if appropriate, by sentencing the defendant to any of the authorized dispositions provided in subsection (b), except to reassign such person to a conservation camp as provided in subsection (b)(6). (g) Dispositions which do not involve commitment to the custody of the secretary of corrections and commitments which are revoked within 120 days shall not entail the loss by the defendant of any civil rights. (h) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty as a result of conviction of crime. (i) An application for or acceptance of probation, suspended sentence or assignment to a community correctional services program shall not constitute an acquiescence in the judg ment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, sus pended sentence or assignment to a community correctional services program. (j) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 214628, and amendments thereto, the provisions of this section shall not apply. (k) The provisions of this section shall apply to crimes committed before July 1, 1993. Sec. 6. K.S.A. 1996 Supp. 21-4603d is hereby amended to read as follows: 21-4603d. (a) Whenever any person has been found guilty of a crime, the court may adjudge any of the following: (1) Commit the defendant to the custody of the secretary of corrections if the current crime of conviction is a felony and the sentence presumes imprisonment, or the sentence imposed is a dispositional departure to imprisonment; or, if confinement is for a misde meanor, to jail for the term provided by law; (2) impose the fine applicable to the offense; (3) release the defendant on probation if the current crime of conviction and criminal history fall within a presumptive nonprison category or through a departure for substantial March 28, 1997 465 and compelling reasons subject to such conditions as the court may deem appropriate. In felony cases except for violations of K.S.A. 8-1567 and amendments thereto, the court may include confinement in a county jail not to exceed 30 days, which need not be served consecutively, as a condition of probation or community corrections placement; (4) assign the defendant to a community correctional services program in presumptive nonprison cases or through a departure for substantial and compelling reasons subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution; (5) assign the defendant to a conservation camp for a period not to exceed 180 days as a condition of probation followed by a 180-day period of follow-up through adult intensive supervision by a community correctional services program, if the offender successfully com pletes the conservation camp program. If the defendant was classified in grid blocks 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court may impose a non prison sanction on the condition that the offender complete the program at the Labette correctional conservation camp. Such a placement decision shall not be considered a de parture and shall not be subject to appeal; (6) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and amendments thereto; (7) order the defendant to attend and satisfactorily complete an alcohol or drug edu cation or training program as provided by subsection (3) of K.S.A. 21-4502 and amendments thereto; (8) order the defendant to repay the amount of any reward paid by any crime stoppers chapter, individual, corporation or public entity which materially aided in the apprehension or conviction of the defendant; or repay the amount of any public funds utilized by a law enforcement agency to purchase controlled substances from the defendant during the in vestigation which leads to the defendant's conviction. Such repayment of the amount of any public funds utilized by a law enforcement agency shall be deposited and credited to the same fund from which the public funds were credited to prior to use by the law enforcement agency; (9) order the defendant to pay the administrative fee authorized by section 2, unless waived by the court;(9)(10) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7)and, (8) and (9); or(10)(11) suspend imposition of sentence in misdemeanor cases. In addition to or in lieu of any of the above, the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defen dant's crime, unless the court finds compelling circumstances which would render a plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor. If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of resti tution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq. and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 1996 Supp. 75-719 and amend ments thereto to collect the restitution on behalf of the victim. The administrative judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings. In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502 and amendments thereto. In imposing a fine the court may authorize the payment thereof in installments. In re leasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of corrections or to jail, the court may specify in its order the amount of 466 JOURNAL OF THE SENATE restitution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole or conditional release. When a new felony is committed while the offender is incarcerated and serving a sentence for a felony or while the offender is on probation, assignment to a community correctional services program, parole, conditional release, or postrelease supervision for a felony, a new sentence shall be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4608, and amendments thereto, and the court may sentence the offender to imprison ment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure. Prior to imposing a dispositional departure for a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, or prior to revocation of a nonprison sanction of a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the court shall consider placement of the defendant in the Labette correctional conservation camp. Pursuant to this paragraph the defendant shall not be sen tenced to imprisonment if space is available in the conservation camp and the defendant meets all of the conservation camp's placement criteria unless the court states on the record the reasons for not placing the defendant in the conservation camp. The court in committing a defendant to the custody of the secretary of corrections shall fix a term of confinement within the limits provided by law. In those cases where the law does not fix a term of confinement for the crime for which the defendant was convicted, the court shall fix the term of such confinement. In addition to any of the above, the court shall order the defendant to reimburse the state general fund for all or a part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents' defense services or the amount prescribed by the state board of indigents' defense services reimbursement tables as provided in K.S.A. 224522, and amendments thereto. (b) Dispositions which do not involve commitment to the custody of the secretary of corrections shall not entail the loss by the defendant of any civil rights. (c) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty as a result of conviction of crime. (d) An application for or acceptance of probation or assignment to a community cor rectional services program shall not constitute an acquiescence in the judgment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, suspended sentence or assignment to a community correctional services program. (e) The secretary of corrections is authorized to make direct placement to the Labette correctional conservation camp of an inmate sentenced to the secretary's custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation or as a departure from the presumptive nonimprisonment grid block of either sentencing grid; and (2) oth erwise meets admission criteria of the camp. If the inmate successfully completes the 180day conservation camp program, the secretary of corrections shall report such completion to the sentencing court and the county or district attorney. The inmate shall then be assigned March 28, 1997 467 by the court to 180 days of follow-up supervision conducted by the appropriate community corrections services program. The court may also order that supervision continue thereafter for the length of time authorized by K.S.A. 21-4611 and amendments thereto. (f) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply. Sec. 7. K.S.A. 21-4610 is hereby amended to read as follows: 21-4610. (a) Except as required by subsection (d), nothing in this section shall be construed to limit the authority of the court to impose or modify any general or specific conditions of probation, suspension of sentence or assignment to a community correctional services program, except that the court shall condition any order granting probation, suspension of sentence or assignment to a community correctional services program on the defendant's obedience of the laws of the United States, the state of Kansas and any other jurisdiction to the laws of which the de fendant may be subject. (b) The court services officer or community correctional services officer may recom mend, and the court may order, the imposition of any conditions of probation, suspension of sentence or assignment to a community correctional services program. For crimes com mitted on or after July 1, 1993, in presumptive nonprison cases, the court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation or assignment to a community correctional services program. The court may at any time order the modification of such conditions, after notice to the court services officer or community correctional services officer and an opportunity for such officer to be heard thereon. The court shall cause a copy of any such order to be delivered to the court services officer and the probationer or to the community correctional services officer and the community corrections participant, as the case may be. (c) The court may impose any conditions of probation, suspension of sentence or as signment to a community correctional services program that the court deems proper, in cluding but not limited to requiring that the defendant: (1) Avoid such injurious or vicious habits, as directed by the court, court services officer or community correctional services officer; (2) avoid such persons or places of disreputable or harmful character, as directed by the court, court services officer or community correctional services officer; (3) report to the court services officer or community correctional services officer as directed; (4) permit the court services officer or community correctional services officer to visit the defendant at home or elsewhere; (5) work faithfully at suitable employment insofar as possible; (6) remain within the state unless the court grants permission to leave; (7) pay a fine or costs, applicable to the offense, in one or several sums and in the manner as directed by the court; (8) support the defendant's dependents; (9) reside in a residential facility located in the community and participate in educa tional, counseling, work and other correctional or rehabilitative programs; (10) perform community or public service work for local governmental agencies, private corporations organized not for profit, or charitable or social service organizations performing services for the community; (11) perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days determined by the court on the basis of ability to pay, standard of living, support obligations and other factors; (12) participate in a house arrest program pursuant to K.S.A. 21-4603b, and amend ments thereto;or(13) order the defendant to pay the administrative fee authorized by section 2, unless waived by the court; or(13)(14) in felony cases, except for violations of K.S.A. 8-1567 and amendments thereto, be confined in a county jail not to exceed 30 days, which need not be served consecutively. 468 JOURNAL OF THE SENATE (d) In addition to any other conditions of probation, suspension of sentence or assign ment to a community correctional services program, the court shall order the defendant to comply with each of the following conditions: (1) Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court, unless the court finds compelling circumstances which would render a plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor; (2) pay the probation or community correctional services fee pursuant to K.S.A. 214610a, and amendments thereto; and (3) reimburse the state general fund for all or a part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents' defense services or the amount prescribed by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto. Sec. 8. K.S.A. 1996 Supp. 22-3717 is hereby amended to read as follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A. 1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638 and amendments thereto, an inmate, including an inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after serving the entire minimum sentence imposed by the court, less good time credits. (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and amendments thereto, an inmate sentenced to imprisonment for the crime of capital murder, or an inmate sentenced for the crime of murder in the first degree based upon a finding of premeditated murder, committed on or after July 1, 1994, shall be eligible for parole after serving 25 years of confinement, without deduction of any good time credits. (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate sentenced to imprisonment for an off-grid offense committed on or after July 1, 1993, shall be eligible for parole after serving 15 years of confinement, without deduction of any good time credits. (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate sentenced for a class A felony committed before July 1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after serving 15 years of confinement, without deduction of any good time credits. (4) An inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A. 213402 and amendments thereto committed on or after July 1, 1996, shall be eligible for parole after serving 10 years of confinement without deduction of any good time credits. (c) Except as provided in subsection (e), if an inmate is sentenced to imprisonment for more than one crime and the sentences run consecutively, the inmate shall be eligible for parole after serving the total of: (1) The aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and amendments thereto, less good time credits for those crimes which are not class A felonies; and (2) an additional 15 years, without deduction of good time credits, for each crime which is a class A felony. March 28, 1997 469 (d) (1) Persons sentenced for crimes, other than off-grid crimes, committed on or after July 1, 1993, will not be eligible for parole, but will be released to a mandatory period of postrelease supervision upon completion of the prison portion of their sentence as follows: (A) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug severity level 1 through 6 crimes and drug severity levels 1 through 3 crimes must serve 36 months, plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and amendments thereto, on postrelease supervision. (B) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug severity level 7 through 10 crimes and drug severity level 4 crimes must serve 24 months, plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and amend ments thereto, on postrelease supervision. (C) (i) The sentencing judge shall impose the postrelease supervision period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge finds substantial and compelling reasons to impose a departure based upon a finding that the current crime of conviction was sexually violent or sexually motivated. In that event, departure may be imposed to extend the postrelease supervision to a period of up to 60 months. (ii) If the sentencing judge departs from the presumptive postrelease supervision period, the judge shall state on the record at the time of sentencing the substantial and compelling reasons for the departure. Departures in this section are subject to appeal pursuant to K.S.A. 21-4721 and amendments thereto. (iii) In determining whether substantial and compelling reasons exist, the court shall consider: (a) Written briefs or oral arguments submitted by either the defendant or the state; (b) any evidence received during the proceeding; (c) the presentence report, the victim's impact statement and any psychological evalu ation as ordered by the court pursuant to subsection (e) of K.S.A. 21-4714 and amendments thereto; and (d) any other evidence the court finds trustworthy and reliable. (iv) The sentencing judge may order that a psychological evaluation be prepared and the recommended programming be completed by the offender. The department of correc tions or the parole board shall ensure that court ordered sex offender treatment be carried out. (v) In carrying out the provisions of subparagraph (d)(1)(C), the court shall refer to K.S.A. 21-4718 and amendments thereto. (vi) Upon petition, the parole board may provide for early discharge from the post release supervision period upon completion of court ordered programs and completion of the presumptive postrelease supervision period, as determined by the crime of conviction, pursuant to subparagraph (d)(1)(A) or (B). Early discharge from postrelease supervision is at the discretion of the parole board. (vii) Persons convicted of crimes deemed sexually violent or sexually motivated, shall be registered according to the habitual sex offender registration act, K.S.A. 22-4901 through 22-4910 and amendments thereto. (D) The period of postrelease supervision provided in subparagraphs (A) and (B) may be reduced by up to 12 months based on the offender's compliance with conditions of supervision and overall performance while on postrelease supervision. The reduction in the supervision period shall be on an earned basis pursuant to rules and regulations adopted by the secretary of corrections. (E) In cases where sentences for crimes from more than one severity level have been imposed, the highest severity level offense will dictate the period of postrelease supervision. Supervision periods will not aggregate. (2) As used in this section, ``sexually violent crime'' means: (A) Rape, K.S.A. 21-3502, and amendments thereto; (B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto; (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto; (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments thereto; (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto; 470 JOURNAL OF THE SENATE (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto; (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments thereto; (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto; (I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto; (J) any conviction for a felony offense in effect at any time prior to the effective date of this act, that is comparable to a sexually violent crime as defined in subparagraphs (A) through (I), or any federal or other state conviction for a felony offense that under the laws of this state would be a sexually violent crime as defined in this section; (K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 213302, 21-3303, and amendments thereto, of a sexually violent crime as defined in this sec tion; or (L) any act which at the time of sentencing for the offense has been determined beyond a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually motivated'' means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification. (e) If an inmate is sentenced to imprisonment for a crime committed while on parole or conditional release, the inmate shall be eligible for parole as provided by subsection (c), except that the Kansas parole board may postpone the inmate's parole eligibility date by assessing a penalty not exceeding the period of time which could have been assessed if the inmate's parole or conditional release had been violated for reasons other than conviction of a crime. (f) If a person is sentenced to prison for a crime committed on or after July 1, 1993, while on probation, parole, conditional release or in a community corrections program, for a crime committed prior to July 1, 1993, and the person is not eligible for retroactive application of the sentencing guidelines and amendments thereto pursuant to K.S.A. 214724 and amendments thereto, the new sentence shall not be aggregated with the old sentence, but shall begin when the person is paroled or reaches the conditional release date on the old sentence. If the offender was past the offender's conditional release date at the time the new offense was committed, the new sentence shall not be aggregated with the old sentence but shall begin when the person is ordered released by the Kansas parole board or reaches the maximum sentence expiration date on the old sentence, whichever is earlier. The new sentence shall then be served as otherwise provided by law. The period of post release supervision shall be based on the new sentence, except that those offenders whose old sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp. 214628 prior to its repeal, or an indeterminate sentence with a maximum term of life impris onment, for which there is no conditional release or maximum sentence expiration date, shall remain on postrelease supervision for life or until discharged from supervision by the Kansas parole board. (g) Subject to the provisions of this section, the Kansas parole board may release on parole those persons confined in institutions who are eligible for parole when: (1) The board believes that the inmate should be released for hospitalization, for deportation or to answer the warrant or other process of a court and is of the opinion that there is reasonable prob ability that the inmate can be released without detriment to the community or to the inmate; or (2) the secretary of corrections has reported to the board in writing that the inmate has satisfactorily completed the programs required by any agreement entered under K.S.A. 755210a and amendments thereto, or any revision of such agreement, and the board believes that the inmate is able and willing to fulfill the obligations of a law abiding citizen and is of the opinion that there is reasonable probability that the inmate can be released without detriment to the community or to the inmate. Parole shall not be granted as an award of clemency and shall not be considered a reduction of sentence or a pardon. (h) The Kansas parole board shall hold a parole hearing during the month prior to the month an inmate will be eligible for parole under subsections (a), (b) and (c). At least the month preceding the parole hearing, the county or district attorney of the county where the inmate was convicted shall give written notice of the time and place of the public comment sessions for the inmate to any victim of the inmate's crime who is alive and whose address is known to the county or district attorney or, if the victim is deceased, to the victim's family March 28, 1997 471 if the family's address is known to the county or district attorney. Except as otherwise provided, failure to notify pursuant to this section shall not be a reason to postpone a parole hearing. In the case of any inmate convicted of a class A felony the secretary of corrections shall give written notice of the time and place of the public comment session for such inmate at least one month preceding the public comment session to any victim of such inmate's crime or the victim's family pursuant to K.S.A. 74-7338 and amendments thereto. If noti fication is not given to such victim or such victim's family in the case of any inmate convicted of a class A felony, the board shall postpone a decision on parole of the inmate to a time at least 30 days after notification is given as provided in this section. Nothing in this section shall create a cause of action against the state or an employee of the state acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section. If granted parole, the inmate may be released on parole on the date specified by the board, but not earlier than the date the inmate is eligible for parole under subsections (a), (b) and (c). At each parole hearing and, if parole is not granted, at such intervals there after as it determines appropriate, the Kansas parole board shall consider: (1) Whether the inmate has satisfactorily completed the programs required by any agreement entered under K.S.A. 75-5210a and amendments thereto, or any revision of such agreement; and (2) all pertinent information regarding such inmate, including, but not limited to, the circum stances of the offense of the inmate; the presentence report; the previous social history and criminal record of the inmate; the conduct, employment, and attitude of the inmate in prison; the reports of such physical and mental examinations as have been made; comments of the victim and the victim's family; comments of the public; official comments; and capacity of state correctional institutions. (i) In those cases involving inmates sentenced for a crime committed after July 1, 1993, the parole board will review the inmates proposed release plan. The board may schedule a hearing if they desire. The board may impose any condition they deem necessary to insure public safety, aid in the reintegration of the inmate into the community, or items not com pleted under the agreement entered into under K.S.A. 75-5210a and amendments thereto. The board may not advance or delay an inmate's release date. Every inmate while on post release supervision shall remain in the legal custody of the secretary of corrections and is subject to the orders of the secretary. (j) Within a reasonable time after an inmate is committed to the custody of the secretary of corrections, a member of the Kansas parole board, or a designee of the board, shall hold an initial informational hearing with such inmate and other inmates. (k) Before ordering the parole of any inmate, the Kansas parole board shall have the inmate appear before it and shall interview the inmate unless impractical because of the inmate's physical or mental condition or absence from the institution. Every inmate while on parole shall remain in the legal custody of the secretary of corrections and is subject to the orders of the secretary. Whenever the Kansas parole board formally considers placing an inmate on parole and no agreement has been entered into with the inmate under K.S.A. 75-5210a and amendments thereto, the board shall notify the inmate in writing of the reasons for not granting parole. If an agreement has been entered under K.S.A. 75-5210a and amendments thereto and the inmate has not satisfactorily completed the programs specified in the agreement, or any revision of such agreement, the board shall notify the inmate in writing of the specific programs the inmate must satisfactorily complete before parole will be granted. If parole is not granted only because of a failure to satisfactorily complete such programs, the board shall grant parole upon the secretary's certification that the inmate has successfully completed such programs. If an agreement has been entered under K.S.A. 75-5210a and amendments thereto and the secretary of corrections has re ported to the board in writing that the inmate has satisfactorily completed the programs required by such agreement, or any revision thereof, the board shall not require further program participation. However, if the board determines that other pertinent information regarding the inmate warrants the inmate's not being released on parole, the board shall state in writing the reasons for not granting the parole. If parole is denied for an inmate sentenced for a crime other than a class A or class B felony or an off-grid felony, the board shall hold another parole hearing for the inmate not later than one year after the denial unless the parole board finds that it is not reasonable to expect that parole would be granted 472 JOURNAL OF THE SENATE at a hearing if held in the next three years or during the interim period of a deferral. In such case, the parole board may defer subsequent parole hearings for up to three years but any such deferral by the board shall require the board to state the basis for its findings. If parole is denied for an inmate sentenced for a class A or class B felony or an off-grid felony, the board shall hold another parole hearing for the inmate not later than three years after the denial unless the parole board finds that it is not reasonable to expect that parole would be granted at a hearing if held in the next 10 years or during the interim period of a deferral. In such case, the parole board may defer subsequent parole hearings for up to 10 years but any such deferral shall require the board to state the basis for its findings. (l) Parolees and persons on postrelease supervision shall be assigned, upon release, to the appropriate level of supervision pursuant to the criteria established by the secretary of corrections. (m) The Kansas parole board shall adopt rules and regulations in accordance with K.S.A. 77-415 et seq., and amendments thereto, not inconsistent with the law and as it may deem proper or necessary, with respect to the conduct of parole hearings, postrelease supervision reviews, revocation hearings, orders of restitution, reimbursement of expenditures by the state board of indigents' defense services and other conditions to be imposed upon parolees or releasees. Whenever an order for parole or postrelease supervision is issued it shall recite the conditions thereof. (n) Whenever the Kansas parole board orders the parole of an inmate or establishes conditions for an inmate placed on postrelease supervision, the board: (1) Unless it finds compelling circumstances which would render a plan of payment unworkable, shall order as a condition of parole or postrelease supervision that the parolee or the person on postrelease supervision pay any transportation expenses resulting from returning the parolee or the person on postrelease supervision to this state to answer criminal charges or a warrant for a violation of a condition of probation, assignment to a community correctional services program, parole, conditional release or postrelease supervision; (2) to the extent practicable, shall order as a condition of parole or postrelease super vision that the parolee or the person on postrelease supervision make progress towards or successfully complete the equivalent of a secondary education if the inmate has not previ ously completed such educational equivalent and is capable of doing so;and(3) may order that the parolee or person on postrelease supervision perform community or public service work for local governmental agencies, private corporations organized notfor-profit or charitable or social service organizations performing services for the commu nity.; (4) may order the parolee or person on postrelease supervision to pay the administrative fee imposed pursuant to section 2 unless the board finds compelling circumstances which would render payment unworkable; and (5) unless it finds compelling circumstances which would render a plan of payment unworkable, shall order that the parolee or person on postrelease supervision reimburse the state for all or part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the person. In determining the amount and method of payment of such sum, the parole board shall take account of the financial resources of the person and the nature of the burden that the payment of such sum will impose. (o) If the court which sentenced an inmate specified at the time of sentencing the amount and the recipient of any restitution ordered as a condition of parole or postrelease supervision, the Kansas parole board shall order as a condition of parole or postrelease supervision that the inmate pay restitution in the amount and manner provided in the journal entry unless the board finds compelling circumstances which would render a plan of resti tution unworkable. If the parolee was sentenced before July 1, 1986, and the court did not specify at the time of sentencing the amount and the recipient of any restitution ordered as a condition of parole, the parole board shall order as a condition of parole that the parolee make restitution for the damage or loss caused by the parolee's crime in an amount and manner determined by the board unless the board finds compelling circumstances which would render a plan of restitution unworkable. If the parolee was sentenced on or after July 1, 1986, and the court did not specify at the time of sentencing the amount and the recipient of any restitution ordered as a condition of parole or postrelease supervision, the parole March 28, 1997 473 board shall not order restitution as a condition of parole or postrelease supervision unless the board finds compelling circumstances which justify such an order. (p) Whenever the Kansas parole board grants the parole of an inmate, the board, within 10 days of the date of the decision to grant parole, shall give written notice of the decision to the county or district attorney of the county where the inmate was sentenced. (q) When an inmate is to be released on postrelease supervision, the secretary, within 30 days prior to release, shall provide the county or district attorney of the county where the inmate was sentenced written notice of the release date. (r) Inmates shall be released on postrelease supervision upon the termination of the prison portion of their sentence. Time served while on postrelease supervision will vest. (s) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725 and amendments thereto may receive meritorious good time credits in increments of not more than 90 days per meritorious act. These credits may be awarded by the secretary of corrections when an inmate has acted in a heroic or outstanding manner in coming to the assistance of another person in a life threatening situation, preventing injury or death to a person, preventing the destruction of property or taking actions which result in a financial savings to the state. Sec. 9. K.S.A. 22-3718 is hereby amended to read as follows: 22-3718. An inmate who has served the inmate's maximum term or terms, less such work and good behavior credits as have been earned, shall, upon release, be subject to such written rules and conditions as the Kansas parole board may impose, until the expiration of the maximum term or terms for which the inmate was sentenced or until the inmate is otherwise discharged. If the court which sentenced an inmate specified at the time of sentencing the amount and the recipient of any restitution ordered as a condition of release pursuant to this section, the parole board may set aside restitution as a condition of release payment of restitution, if the board finds compelling circumstances which would render a plan of restitution unworkable. If the court which sentenced an inmate specified reimbursement of all or part of the expenditures by the state board of indigents' defense services as a condition of release, the parole board may set aside such reimbursement, if the board finds compelling circumstances which would render a plan of reimbursement unworkable. If the inmate was sentenced before July 1, 1986, and the court did not specify at the time of sentencing the amount and the recipient of any restitution ordered as a condition of release, the parole board shall order as a condition of release that the inmate make restitution for the damage or loss caused by the inmate's crime in an amount and manner determined by the board unless the board finds compelling circumstances which would render a plan of restitution unworkable. If the inmate was sen tenced before July 1, 1986, and the court did not specify at the time of sentencing the amount of any reimbursement of all or part of the expenditures by the state board of indigents, defense services as a condition of release, the parole board may set aside the reimbursement required by K.S.A. 22-3717, and amendments thereto, unless the board finds compelling circumstances which would render a plan of reimbursement unworkable. If the inmate was sentenced on or after July 1, 1986, and the court did not specify at the time of sentencing the amount and the recipient of any restitution ordered as a condition of release pursuant to this section, the parole board shall not order restitution as a condition of release unless the board finds compelling circumstances which justify such an order. If the inmate was sentenced on or after July 1, 1986, and the court did not specify at the time of sentencing the amount of any reimbursement of all or part of the expenditures by the state board of indigents' defense services as a condition of release, the parole board may set aside the reimbursement required by K.S.A. 22-3717, and amendments thereto, unless the board finds compelling circumstances which would render a plan of reimbursement unworkable. Prior to the release of any inmate on parole, conditional release or expiration of sentence, if an inmate is released into the community under a program under the supervision of the sec retary of corrections, the secretary shall give written notice of such release to any victim or victim's family as provided in K.S.A. 22-3727, and amendments thereto. Sec. 10. K.S.A. 22-4504 is hereby amended to read as follows: 22-4504. (a) When any defendant who is entitled to have the assistance of counsel, under the provisions of K.S.A. 22-4503 and amendments thereto, claims to be financially unable to employ counsel, the court shall require that the defendant file an affidavit containing such information and in 474 JOURNAL OF THE SENATE the form as prescribed by rules and regulations adopted by the state board of indigents' defense services. The affidavit filed by the defendant shall become a part of the permanent file of the case. The court may interrogate the defendant under oath concerning the contents of the affidavit and may direct the county or district attorney, sheriff, marshal or other officer of the county to investigate and report upon the financial condition of the defendant and may also require the production of evidence upon the issue of the defendant's financial inability to employ counsel. (b) Upon the basis of the defendant's affidavit, the defendant's statements under oath, and such other competent evidence as may be brought to the attention of the court, which shall be made part of the record in the case, the court shall determine whether the defendant is financially unable to employ counsel. In making such determination the court shall con sider the defendant's assets and income; the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the defendant and the defendant's immediate family; the anticipated cost of effective representation by em ployed counsel; and any property which may have been transferred or conveyed by the defendant to any person without adequate monetary consideration after the commission of the alleged crime. If the defendant's assets and income are not sufficient to cover the anticipated cost of effective representation by employed counsel when the length and com plexity of the anticipated proceedings are taken fully into account, the defendant shall be determined indigent in full or in part and the court shall appoint an attorney as provided in K.S.A. 22-4503 and amendments thereto. If the court determines that the defendant is financially able to employ counsel, the court shall so advise the defendant and shall give the defendant a reasonable opportunity to employ an attorney of the defendant's own choosing. All determinations by a court as to whether a defendant is financially unable to employ counsel shall be subject to and in accordance with rules and regulations adopted by the state board of indigents' defense services under this act. (c) The court shall inform the defendant for whom counsel is appointed that the amount expended by the state in providing counsel and other defense services may be entered as a judgment against the defendant if the defendant is convicted and found to be financially able to pay the amount, and that an action to recover such amount may be brought against any person to whom the defendant may have transferred or conveyed any of the defendant's property without adequate monetary consideration after the date of the commission of the alleged crime. A determination by the court that the defendant is financially unable to employ counsel or pay other costs of the defendant's defense may preclude a recovery from the defendant but may not preclude recovery from any person to whom the defendant may have transferred or conveyed any property without adequate monetary consideration after the date of the commission of the alleged crime. (d) If found to be indigent in part, the defendant shall be promptly informed of the terms under which the defendant may be expected to pay for counsel. Any payments pur suant to such terms shall apply upon any judgment entered pursuant to K.S.A. 22-4513 and amendments thereto. Payments made for services of appointed counsel provided under K.S.A. 22-4503 and amendments thereto shall be paid to the clerk of the district court. The clerk of the district court shall remit all moneys received as payment for services of appointed counsel under this section to the state board of indigents' defense services at least monthly and the board shall remit all moneys received under this section to the state treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury to the credit of the state general fund. (e) The determination that a defendant is indigent or partially indigent shall be subject to review at any time by any court before whom the cause is then pending. (f) The state board of indigents' defense services shall adopt rules and regulations in accordance with K.S.A. 77-415 et seq., and amendments thereto, relating to the income, assets and anticipated costs of representation for the purpose of determining whether a defendant is financially able to employ counsel and the ability of a defendant to contribute to the cost of the defendant's legal defense services. Sec. 11. K.S.A. 22-4507 is hereby amended to read as follows: 22-4507. (a) An attorney, other than a public defender or assistant public defender or contract counsel, who performs services for an indigent person, as provided by this act, shall at the conclusion of such service March 28, 1997 475 or any part thereof be entitled to compensation for such services and to be reimbursed for expenses reasonably incurred by such person in performing such services. Compensation for services shall be paid in accordance with standards and guidelines contained in rules and regulations adopted by the state board of indigents' defense services under this section. (b) Claims for compensation and reimbursement shall be certified by the claimant and shall be presented to the court at sentencing. A supplemental claim may be filed at such later time as the court may in the interest of justice determine if good cause is shown why the claim was not presented at sentencing. In accordance with standards and guidelines adopted by the state board of indigents' defense services under this section, all such claims shall be reviewed and approved by one or more judges of the district court before whom the service was performed, or, in the case of proceedings in the court of appeals, by the chief judge of the court of appeals and in the case of proceedings in the supreme court, by the depart mental justice for the department in which the appeal originated. Each claim shall be sup ported by a written statement, specifying in detail the time expended, the services rendered, the expenses incurred in connection with the case and any other compensation or reim bursement received. When properly certified and reviewed and approved, each claim for compensation and reimbursement shall be filed in the office of the state board of indigents' defense services. If the claims meet the standards established by the board, the board shall authorize payment of the claim. (c) If the state board of indigents' defense services determines that the appropriations for indigents' defense services or the moneys allocated by the board for a county or judicial district will be insufficient in any fiscal year to pay in full claims filed and reasonably antic ipated to be filed in such year under this section, the board may adopt a formula for prorating the payment of pending and anticipated claims under this section. (d) The state board of indigents' defense services may make expenditures for payment of claims filed under this section from appropriations for the current fiscal year regardless of when the services were rendered. (e) The state board of indigents' defense services shall adopt rules and regulations pre scribing standards and guidelines governing the filing, processing and payment of claims under this section. Sec. 12. K.S.A. 22-4513 is hereby amended to read as follows: 22-4513. (a)Within 30 days after any expenditure has been made by the state board of indigents' defense services to provide counsel and other defense services to any defendant and such defendant has been convicted, the state director of indigents' defense services may send to the county or district attorney of the county where the defendant was convicted a notice stating the name of the defendant and the amount of the expenditure. The county or district attorney, in such attorney's discretion, may petition the district court to require the defendant to repay to the state all or a part of the amount expended by the state board of indigents' defense services on behalf of such defendant. Subject to the provisions of subsection (b), the procedure for the filing of the petition and subsequent procedure to be followed in the action shall be the same as in other civil actions pursuant to chapter 60 of the Kansas Statutes Annotated, except that no docket fee shall be charged for the filing of the petition. At the hearing on the petition the court shall determine whether or not the defendant is or will be able to repay all or a part of the expenditures paid by the state board of indigents' defense services on behalf of the defendant.If the defendant is convicted, all expenditures made by the state board of indigents' defense services to provide counsel and other defense services to such defendant or the amount allowed by the board of indigents' defense reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, shall be taxed against the defendant and shall be enforced as judgments for payment of money in civil cases. (b) In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. 476 JOURNAL OF THE SENATE (c) Whenever anyexpenditure has been made by the state board of indigents' defense services to provide counsel and other defense services to any defendantjudgment has been entered pursuant to subsection (a) of this section, a sum equal to suchexpenditurejudgment may be recovered by the state of Kansas for the benefit of the state general fund from any persons to whom the indigent defendant shall have transferred any of the defendant's prop erty without adequate monetary consideration after the commission of the alleged crime, to the extent of the value of such transfer, and such persons are hereby made liable to reimburse the state of Kansasfor such expenditureswith interest at 6% per annum. Any action to recover judgment for such expenditures shall be prosecuted by the attorney gen eral, who may require the assistance of the county attorney of the county in which the action is to be filed, and such action shall be governed by the provisions of the code of civil procedure relating to actions for the recovery of money. No action shall be brought against any person under the provisions of this section to recover for sums expended on behalf of an indigent defendant, unless such action shall have been filed within two years after the date of the expenditure by the state board of indigents' defense services. Sec. 13. K.S.A. 22-4522 is hereby amended to read as follows: 22-4522. The state board of indigents' defense services shall: (a) Provide, supervise and coordinate, in the most efficient and economical manner possible, the constitutionally and statutorily required counsel and related services for each indigent person accused of a felony and for such other indigent persons as prescribed by statute; (b) establish, in each county or combination of counties designated by the board, a system of appointed counsel, contractual arrangements for providing contract counsel or public defender offices, or any combination thereof, on a full- or part-time basis, for the delivery of legal services for indigent persons accused of felonies; (c) approve an annual operating budget for the board and submit that budget as pro vided in K.S.A. 75-3717, and amendments thereto; (d) collect payments from indigent defendants as ordered by the court by methods in cluding, but not limited to, utilization of debt collection procedures authorized by K.S.A. 756201 et seq., and amendments thereto;(d)(e) adopt rules and regulations in accordance with K.S.A. 77-415 et seq., and amend ments thereto, which are necessary for the operation of the board and the performance of its duties and for the guidance of appointed counsel, contract counsel and public defenders, including but not limited to: (1) Standards for entitlement to legal representation at public expense; (2) standards and guidelines for compensation of appointed counsel and investigative, expert and other services within the limits of appropriations; (3) criteria for employing contract counsel; and (4) qualifications, standards and guidelines for public defenders, appointed counsel and contract counsel;(e)(f) prepare and submit to the governor and legislature an annual report on the operations of the board;and(f)(g) hold a hearing before changing the system for providing legal services for indigent persons accused of felonies in any county or judicial district if such a hearing is requested by two or more members of the board.; and (h) adopt and maintain reimbursement tables which set forth the cost to the board of indigents' defense services for each separate category of service provided. Sec. 14. K.S.A. 1996 Supp. 75-719 is hereby amended to read as follows: 75-719. (a) The attorney general is authorized to enter into contracts in accordance with this section for collection services for debts owed to courts or restitution owed under an order of res titution. (b) As used in this section: (1) ``Beneficiary under an order of restitution'' means the victim or victims of a crime to whom a district court has ordered restitution be paid; (2) ``contracting agent'' means a person, firm, agency or other entity who contracts hereunder to provide collection services; March 28, 1997 477 (3) ``cost of collection'' means the fee specified in contracts hereunder to be paid to or retained by a contracting agent for collection services. ``Cost of collection'' also includes any filing fee required under K.S.A. 60-4303 and amendments thereto or administrative costs prescribed by the attorney general pursuant to rules and regulations; and (4) ``debts owed to courts'' means any assessment of court costs, fines, fees, moneys expended by the state in providing counsel and other defense services to indigent defendants or other charges which a district court judgment has ordered to be paid to the court, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law. Debts owed to courts also includes the cost of collection when collection services of a contracting agent hereunder are utilized. (c) (1) Contracts authorized by this section may be entered into with state or federal agencies or political subdivisions of the state of Kansas, including contracts for participation in the collection program authorized by K.S.A. 75-6201 et seq. and amendments thereto. Such contracts also may be entered into with private firms or individuals selected by a procurement negotiation committee in accordance with K.S.A. 75-37,102 and amendments thereto, except that the attorney general shall designate a representative to serve as the chief administrative officer member of such committee and that the other two members of such committee shall be designated by the director of purchases and the judicial administrator. (2) Prior to negotiating any contract for collection services, this procurement negotiation committee shall advertise for proposals, negotiate with firms and individuals submitting proposals and select among those submitting such proposals the party or parties to contract with for the purpose of collection services. (3) The attorney general may adopt rules and regulations as deemed appropriate for the administration of this section, including procedures to be used in the negotiation and execution of contracts pursuant to this section and procedures to be followed by those who utilize collection services under such contracts. (4) For purposes of this section, the agencies, firms or individuals with whom contracts are entered under this section shall be known as contracting agents. The attorney general shall publish a list of the contracting agents for use by courts or beneficiaries under orders of restitution who desire to utilize the collection services of such agents. (5) Each contract entered pursuant to this section shall provide for a fee to be paid to or retained by the contracting agent for collection services. Such fee shall be designated as the cost of collection hereunder, and shall not exceed 33% of the amount of the debt to be collected. The cost of collection shall be deducted from the amount collected and shall not be in addition to the debts owed to courts or restitution. (d) Judicial districts of the state of Kansas are authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding debts owed to courts. Subject to rules and orders of the Kansas supreme court, each judicial district may establish by local rule guidelines for the compromise of court costs, fines, attorney fees and other charges assessed in district court cases. (e) Any beneficiary under an order of restitution entered by a court after this section takes effect is authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding amounts owed under such order of restitution. (f) Contracts entered hereunder shall provide for the payment of any amounts collected to the clerk of the district court for the court in which the debt being collected originated. In accounting for amounts collected from any person pursuant to this section, the district court clerk shall credit the person's amount owed in the amount of the gross proceeds collected and shall reduce the amount owed by any person by that portion of any payment which constitutes the cost of collection pursuant to this section. (g) With the appropriate cost of collection paid to the contracting agent as agreed upon in the contract hereunder, the clerk shall then distribute amounts collected hereunder as follows: (1) When collection services are utilized pursuant to subsection (d), all amounts shall be applied against the debts owed to the court as specified in the original judgment creating the debt; 478 JOURNAL OF THE SENATE (2) when collection services are utilized pursuant to subsection (e), all amounts shall be paid to the beneficiary under the order of restitution designated to receive such restitution, except where that beneficiary has received recovery from the Kansas crime victims com pensation board and such board has subrogation rights pursuant to K.S.A. 74-7312 and amendments thereto, in which case all amounts shall be paid to the board until its subro gation lien is satisfied. (h) Whenever collection services are being utilized against the same debtor pursuant to both subsections (d) and (e), any amounts collected by a contracting agent shall be first applied to satisfy subsection (e) debts, debts pursuant to an order of restitution. Upon satisfaction of all such debts, amounts received from the same debtor shall then be applied to satisfy subsection (d) debts, debts owed to courts. Sec. 15. K.S.A. 20-350, 21-4318, 21-4603, 21-4610, 22-3718, 22-4504, 22-4507, 224513 and 22-4522 and K.S.A. 1996 Supp. 21-4603d, 22-3717 and 75-719 are hereby re pealed.''; And by renumbering the remaining section accordingly; In the title, in line 14, before the semicolon, by inserting ``and criminal procedure''; in line 16, by striking ``amending K.S.A.''; by striking all in line 17; in line 18, by striking ``section'' and inserting in lieu thereof the following: ``relating to recoupment of certain state expenditures to provide counsel and other defense services to indigent defendants; con cerning pretrial release procedures; amending K.S.A. 20-350, 21-4318, 21-4603, 21-4610, 22-3718, 22-4504, 22-4507, 22-4513 and 22-4522 and K.S.A. 1996 Supp. 21-4603d, 22-3717 and 75-719 and repealing the existing sections'', and the bill be passed as further amended. Sub. HB 2368 be amended by adoption of the committee amendments, be further amended by motion of Senator Corbin on page 3, in line 15, after ``atrazine'', by inserting ``adopted by the department after consideration of any new criteria'', and the bill be passed as further amended. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and HB 2007, 2010, 2025, 2042, 2055, 2056, 2064; S. Sub. HB 2082, 2095; HB 2143, 2226, 2230, 2255, 2315; Sub. HB 2368 were advanced to Final Action and roll call. HB 2007, An act concerning civil procedure and civil actions; amending K.S.A. 60-102, 60-205, 60-206, 60-208, 60-209, 60-211, 60-214, 60-215, 60-216, 60-223, 60-226, 60-228, 60-230, 60-231, 60-232, 60-233, 60-234, 60-235, 60-236, 60-237, 60-238, 60-241, 60-243, 60-245, 60-245a, 60-250, 60-252, 60-254, 60-256, 60-262, 60-717, 60-2103, 60-3703, 611710, 61-1725, 61-2005 and 75-3079 and K.S.A. 1996 Supp.60-1608 and 60-2310 and repealing the existing sections; also repealing K.S.A. 60-2007, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Feleciano. The bill passed, as amended. HB 2010, An act relating to the records of the division of vehicles; amending K.S.A. 1996 Supp. 74-2012 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal isbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Brownlee. Absent or not voting: Feleciano. The bill passed, as amended. HB 2025, An act concerning crimes and punishments and criminal procedure; relating to the crime of inflicting harm, disability or death to certain dogs; relating to recoupment of certain state expenditures to provide counsel and other defense services to indigent de March 28, 1997 479 fendants; concerning pretrial release procedures; amending K.S.A. 20-350, 21-4318, 214603, 21-4610, 22-3718, 22-4504, 22-4507, 22-4513 adn 22-4522 and K.S.A. 1996 Supp. 214603d, 22-3717 and 75-719 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 32, nays 7, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bond, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Ty son, Vidricksen. Nays: Bleeker, Brownlee, Clark, Hardenburger, Harrington, Pugh, Umbarger. Absent or not voting: Feleciano. The bill passed, as amended. HB 2042, An act concerning fiduciary security transfers; relating to tax obligations; amending K.S.A. 17-4911 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Feleciano. The bill passed. HB 2055, An act concerning nonprobate transfers; relating to real estate, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Feleciano. The bill passed, as amended. HB 2056, An act concerning nonprobate transfers; relating to motor vehicles; amending K.S.A. 1996 Supp. 8-135, as amended by section 1 of 1997 House Bill No. 2203, and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Feleciano. The bill passed, as amended. HB 2064, An act concerning state governmental ethics; relating to state officers and employees; relating to lobbying and lobbyists; relating to lobbyists; relating to state officers and employees; amending K.S.A. 46-232 and 44-267 and 46-269 and K.S.A. 1996 Supp. 46233 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 21, nays 18, present and passing 0; absent or not voting 1. Yeas: Barone, Biggs, Bleeker, Brownlee, Clark, Donovan, Downey, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Lee, Petty, Pugh, Salmans, Steineger. Nays: Becker, Bond, Corbin, Emert, Hardenburger, Kerr, Langworthy, Lawrence, Mor ris, Oleen, Praeger, Ranson, Salisbury, Schraad, Steffes, Tyson, Umbarger, Vidricksen. Absent or not voting: Feleciano. The bill passed, as amended. S. Sub. HB 2082, An act concerning insurance; insurance department service regulation fund; disposition of fees and certain taxes; assessments for maintenance and expenses of department; exemptions; penalties and interest; transfers from state general fund, temporary 480 JOURNAL OF THE SENATE insufficiencies; schedule of fees and taxes for insurance companies and fraternal benefit societies; credit; deductions; returns; time for payment; repealing privilege tax; amending K.S.A. 40-112, 40-252, 40-252c, 40-253 and 40-2801 and K.S.A. 1996 Supp. 40-246 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 37, nays 2, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Huelskamp, Tyson. Absent or not voting: Feleciano. The substitute bill passed, as amended. HB 2095, An act concerning municipal universities; use of proceeds from tax levy; amending K.S.A. 13-13a23 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 37, nays 2, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Huelskamp, Tyson. Absent or not voting: Feleciano. The bill passed. HB 2143, An act concerning civil procedure; relating to wrongful death; amending K.S.A. 60-1903 and 60-1905 and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 26, nays 13, present and passing 0; absent or not voting 1. Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Hardenburger, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Vidricksen. Nays: Barone, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Jones, Karr, Lee, Oleen, Petty, Tyson, Umbarger. Absent or not voting: Feleciano. The bill passed, as amended. HB 2226, An act concerning solid waste management; amending K.S.A. 65-3401, 653405, 65-3414 and 65-3415e and K.S.A. 1996 Supp. 65-3402, 65-3407, 65-3409, 65-3415, 65-3415a, 65-3415b and 65-3415f and repealing the existing sections; also repealing K.S.A. 65-3415c and 65-3422, was considered on final action. On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Salisbury. Absent or not voting: Feleciano. The bill passed, as amended. HB 2230, An act concerning crimes, punishment and criminal procedure; relating to pyramid promotional schemes; correctional records, open; amending K.S.A. 1996 Supp. 45221 and repealing the existing section; also repealing K.S.A. 1996 Supp. 45-221d, was con sidered on final action. On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Feleciano. The bill passed, as amended. March 28, 1997 481 HB 2255, An act relating to cost reimbursement for necessary food treatment products; purchasing food treatment products authorized; amending K.S.A. 1996 Supp. 65-180 and repealing the existing section, was considered on final action. On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Umbarger, Vidricksen. Nays: Tyson. Absent or not voting: Feleciano. The bill passed, as amended. HB 2315, An act concerning elections; relating to campaign finance; amending K.S.A. 25-4148, 25-4169a, 25-4150, 25-4156 and 25-4172 and K.S.A. 1996 Supp. 25-4152 and 254157a and repealing the existing sections, was considered on final action. On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Biggs. Absent or not voting: Feleciano. The bill passed, as amended. Sub. HB 2368, An act concerning surface water quality; relating to application of certain stream designations and certain standards; creating the special commission on water quality standards and specifying the membership and functions thereof, was considered on final action. On roll call, the vote was: Yeas 36, nays 3, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lee, Morris, Petty, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Nays: Lawrence, Oleen, Praeger. Absent or not voting: Feleciano. The substitute bill passed, as amended. INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS The following bills and concurrent resolution were introduced and read by title: SB 385, An act concerning the state board of regents; relating to the scope of certain comprehensive rehabilitation and repair capital improvement projects for state educational institutions; amending section 13 of chapter 259 of the 1996 Session Laws of Kansas and repealing the existing section, by Committee on Ways and Means. SB 386, An act concerning insurance; relating to increased coverage for treatment of diabetes; amending K.S.A. 1996 Supp. 40-1909 and 40-19c09 and repealing the existing sections; also repealing K.S.A. 40-1909, as amended by section 110 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 40-19c09, as amended by section 113 of chapter 229 of the 1996 Session Laws of Kansas, by Committee on Ways and Means. SENATE CONCURRENT RESOLUTION No. 1612-- By Senators Emert and Bond, Barone, Becker, Biggs, Bleeker, Brownlee, Clark, Corbin, Downey, Donovan, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson and Um barger A CONCURRENT RESOLUTION memorializing Congress to cease the usurpation of the constitutionally protected powers of the States; to cease imposing federal mandates; and to reconsider the many areas mandated by the recent federal legislation related to child support enforcement that are unconstitutional. 482 JOURNAL OF THE SENATE WHEREAS, The Federal Government passed the Personal Responsibility and Work Opportunity Act of 1996, which was signed into law on August 22, 1996; and WHEREAS, Title III of the Act contains mandates on the States and requires the States to enact immediately numerous new procedures related to the provision of child support enforcement services; and WHEREAS, The States must enact new laws related to establishing a directory of new hires, new administrative procedures relating to locating parents, ordering genetic testing, enforcement of income withholding orders and collecting arrearages by means of adminis trative seizure of assets and imposition of liens on real and personal property and admin istrative access to customer utility and cable television records; and WHEREAS, The Federal government has stated that States who do not comply will face severe penalties including disapproval of a State's child support enforcement plan which could mean no federal child support dollars and a reduction or no funding for Temporary Assistance to Needy Families (TANF) block grants; and WHEREAS, This could mean the loss in federal moneys for the children of the State of Kansas of $29 million to an amount exceeding $125 million; and WHEREAS, These new mandates intrude on the traditional powers of the States and on powers traditionally exercised by the judicial branches of the States; and WHEREAS, These new mandates clearly violate the authority, responsibility and pre rogative of each State Legislature to govern and enact laws as it sees fit; and WHEREAS, These new mandates are in direct violation of the 10th amendment to the Constitution of the United States; and WHEREAS, These new mandates violate the United States Supreme Court's holding in New York v. United States, 112 S.Ct. 2408 (1992), when Congress commandeers the leg islative and regulatory processes of the States in this manner; and WHEREAS, These new mandates violate individual rights of privacy and individual rights of due process and equal protection; and WHEREAS, These new mandates require private businesses to open their records to regulators and place significant and undue financial and labor-intensive burdens on small businesses and businesses that experience rapid and frequent turnover in personnel; and WHEREAS, The State of Kansas has historically enacted numerous statutory measures to improve the collection of child support in Kansas and has spent great effort in ensuring that children are receiving the financial support that they are entitled; and WHEREAS, The government of the State of Kansas knows what is needed to continue to make progress in the area of child support enforcement in our state and what will work best to improve child support enforcement in Kansas: Now, therefore, Be it resolved by the Senate of the State of Kansas, the House of Representatives concurring therein: That the Legislature of the State of Kansas hereby requests the United States Congress to cease the usurpation of the constitutionally protected powers of the States; cease imposing federal mandates in this area of child support enforcement; and to reconsider the many provisions of Title III of the Personal Responsibility and Work Opportunity Act of 1996 delineated in this concurrent resolution; and Be it further resolved: That the Secretary of State be directed to send copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each member of the Kansas Congressional Delegation. RERENCE OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert, SCR 1612 was referred to the Committee of the Whole. FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority, and SCR 1612 was advanced to Final Action, subject to amendment, debate and roll call. SCR 1612, A concurrent resolution memorializing Congress to cease the usurpation of the constitutionally protected powers of the States; to cease imposing federal mandates; and to reconsider the many areas mandated by the recent federal legislation related to child support enforcement that are unconstitutional, was considered on final action. March 28, 1997 483 On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1. Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen. Absent or not voting: Feleciano. The resolution was adopted. On motion of Senator Emert the Senate adjourned until 9:00 a.m., Monday, March 31, 1997. HELEN A. MORELAND, Journal Clerk. PAT SAVILLE, Secretary of the Senate. +--+ | | +--+