The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 121 members present.
Reps. Benlon, McKechnie and O'Neal were excused on excused absence by the Speaker.
Present later: Rep. O'Neal.
Prayer by Chaplain Washington:
Heavenly Father,
Our money says ``in God We Trust,'' but Lord, what do we say? You have blessed
each of us with a modicum of money. Are we giving You just a modicum of trust?
You said in 1 Timothy 6:10, that love and trust for money is at the root of all kinds
of evil and that some of us have turned from trusting You because of it.
You said in Matthew 6:24, that no one can serve, or trust, or put faith in two
masters. For neither position will rest until one displaces the other.
As we ponder ways to increase funds, help us to increase faith. Let trust for You
rather than finances dictate the priorities of our service.
As the weekend now comes upon us, we trust You for traveling grace. We trust
You to go before us, behind us, and all around us, upholding us and protecting us.
We trust You today for answered prayer. And before we close, we praise you today
for the trust that is being evidenced by Steve Lloyd.
I come to You Father, trusting in the Name of Jesus.
Amen and Amen.
Speaker Shallenburger welcomed Rep. Steve Lloyd back to the House. He was welcomed
by the members and staff with a standing ovation.
INTRODUCTION OF GUESTS
Reps. Sharp and Spangler welcomed and introduced the following students and their
teacher from Voronezh, Russia: Olga Korolkova, teacher; Elena Pyavkina, Alexandra Nau-
mova, Maxim Mazurin, and Elena Chueva, students.
PRESENTATION OF PETITIONS
The following petition was presented and filed:
HP 2004, a petition supporting music in our schools, signed by John Fleming and six
others from Ottawa County.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2835, An act concerning the pharmacy act of the state of Kansas; dialysates, devices
or drugs for chronic kidney failure, by Committee on Health and Human Services.
HB 2836, An act concerning school district finance; revising the definition of at-risk
pupils; amending K.S.A. 1997 Supp. 72-6407 and repealing the existing section, by Repre-
sentative Horst.
HB 2837, An act concerning boarding schools; amending K.S.A. 1997 Supp. 65-503 and
65-508 and repealing the existing sections, by Representative Horst.
HB 2838, An act concerning cemetery districts; relating to the creation thereof, by Rep-
resentative Weber.
HB 2839, An act concerning marriage; relating to a covenant marriage; amending K.S.A.
23-105, 23-109 and 60-1601 and K.S.A. 1997 Supp. 23-106 and repealing the existing sec-
tions, by Representatives Gilmore, Cook, Dahl, Faber, Franklin, Freeborn, Hayzlett, Hutch-
ins, Jennison, Phill Kline, P. Long, Mason, Mollenkamp, Morrison, Myers, Neufeld,
O'Connor, Powell, Presta, Ruff, Shallenburger, Tanner, Vickrey, Vining and Wilson.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Appropriations: HB 2824, 2826.
Business, Commerce and Labor: HB 2831.
Education: HB 2825, 2827.
Environment: HB 2829.
Health and Human Services: HB 2832.
Judiciary: HB 2834.
Taxation: HB 2828, 2833.
Utilities: HB 2830
COMMUNICATIONS FROM STATE OFFICERS
From Patricia Michaelis, State Archivist and Secretary, State Records Board, State Rec-
ords Board Annual Report for fiscal year 1997; and in accordance with K.S.A. 45-412,
Guidelines for the Use of Digital Imaging Technologies for Long-Term Government Re-
cords in Kansas.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:
SB 388, 399, 410, 416, 446, 472, 473, 486, 500.
CONSENT CALENDAR
No objection was made to HB 2584; SB 411, 412 appearing on the Consent Calendar
for the first day.
No objection was made to HB 2687, 2718, 2727; HCR 5030 appearing on the Consent
Calendar for the second day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTION
HB 2613, An act authorizing the governor to convey by quitclaim deed all rights, title
and interest to certain described real estate in the city of Concordia, Cloud county, Kansas,
was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
HB 2683, An act concerning rules and regulations; relating to the rules and regulations
filing act; amending K.S.A. 77-421, 77-422 and 77-435 and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 104; Nays 17; Present but not voting: 0; Absent or not
voting: 3.
HB 2783, An act concerning certain wetlands; approving the department of wildlife and
parks' entering into certain agreements and assuming certain costs related to such wetlands;
designating an area of such wetlands as the Steve Lloyd Wetlands, was considered on final
action.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 1; Absent or not
voting: 3.
Mr. Speaker: I vote yes on HB 2783 because it develops a wetland in Kansas and that
it was named for Steve Lloyd. He encouraged me when I had prostate cancer and was
concerned about how I managed and controlled my diabetes. He has been a hard-working
legislator representing his district well. Steve has been the embodiment of our state
motto--Ad Astra per Aspera.--George Dean
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Aurand in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Aurand, Committee of the Whole report, as follows, was adopted:
Recommended that committee reports to HB 2631 be adopted, also on motion of Rep.
Larkin be amended as further amended by House Committee, on page 4, in line 42, by
striking the first comma and inserting the following ``: (1) Such maximum period of special
obligation bonds not payable from revenues described by subsection (a)(1)(D) of K.S.A. 12-
1774, and amendments thereto issued to finance an auto race track facility shall not exceed
30 years; and (2)'';
On page 12, in line 33, by striking all after ``issued''; in line 34, by striking all before the
second ``and'' and inserting ``for a redevelopment project which includes an auto race track
facility'';
Also, roll call was demanded on motion of Rep. Allen to amend HB 2631 on page 11, in
line 33, by striking ``In''; by striking all in lines 34 through 37; in line 38, by striking all
before ``In'';
On roll call, the vote was: Yeas 30; Nays 88; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Benlon, Gilmore, Lloyd, Mayans, McKechnie, O'Neal, Samuelson,
Vining.
The motion of Rep. Allen did not prevail.
Also, on motion of Rep. Franklin to amend HB 2631, the motion was withdrawn.
Also, on motion of Rep. Burroughs HB 2631 be amended on page 5, after line 41, by
inserting the following:
``(1) Any major tourism area may include an additional area not exceeding 400 acres of
additional property, excluding roads and highways, in addition to the property necessary for
the auto race track facility upon a finding by the governor that the development plan and
each project within such additional area will enhance the major tourism area. For the de-
velopment of each project within such additional area the city shall select qualified devel-
opers pursuant to a request for proposals in accordance with written official procedures
approved by the governing body of the city. Any project within such additional area that is
financed in whole or in part by special obligation bonds payable form revenues derived from
subsection (a)(1)(D) of K.S.A. 12-1774 shall not be entitled to any real property tax abate-
ments or the revenues described in K.S.A. 12-1775. Any project within such additional area
must be approved by the governor and construction must be commenced by July 1, 2002.
The city shall prepare and submit annually to the governor, the secretary of commerce and
housing and the legislature by each October 1, commencing October 1, 1999 and continuing
until October 1, 2002, a report describing the status of any projects within such additional
area. Any business located in Kansas within 50 miles of a major tourism area that relocates
into a major tourism area shall not receive any of the benefits of K.S.A. 12-1770 et seq.'';
Also, on motion of Rep. Spangler HB 2631 be amended on page 7, in line 36, by striking
all after the first ``the''; by striking all in lines 37 through 39; in line 40, by striking all before
the period and inserting ``county treasurer and credited to the county general fund'';
Also, on motion of Rep. Helgerson to refer HB 2631 to Committee on Appropriations,
the motion did not prevail.
Also, on motion of Rep. Franklin HB 2631 be amended on page 11, in line 30, before
the period, by inserting ``for any of the three most recent years next preceding the year of
condemnation, except that, if in the year next preceding the year of condemnation any such
property had been damaged or destroyed by fire, flood, tornado, lightning, explosion or
other catastrophic event, the amount offered should be equal to the appraised valuation of
the property which would have been determined taking into account such damage or de-
struction unless such property has been restored, renovated or otherwise improved'';
Also, on motion of Rep. Larkin HB 2631 be amended on page 7, in line 29, by striking
all after the period; by striking all in lines 30 through 40;
Also, on further motion of Rep. Larkin HB 2631 be amended on page 4, in line 6, after
the period by inserting ``The boundaries of any such district in a major tourism area including
an auto race track facility located in Wyandotte county, shall, without regard to that portion
of the district pertaining to the auto race track facility, be as follows: Beginning at the
intersection of Interstate 70 and Interstate 435; West along Interstate 70 to 118th Street;
North along 118th Street to State Avenue; Northeasterly along proposed relocated State
Avenue to 110th Street; North along 110th Street to Parallel Parkway; East along Parallel
Parkway to Interstate 435, South along Interstate 435 to Interstate 70.'';
Also, on motion of Rep. Haley to amend HB 2631, the motion did not prevail. Also, on
further motion of Rep. Haley to amend, the motion did not prevail, and the bill be passed
as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2478, as amended by House Com-
mittee, be amended by substituting a new bill to be designated as ``Substitute for HOUSE
BILL No. 2478,'' as follows:
``SUBSTITUTE FOR HOUSE BILL No. 2478
By Committee on Appropriations
``AN ACT relating to certain funds; relating to the interest credit to such funds; amending
K.S.A. 75-2256, 82a-1369 and 82a-1370 and K.S.A. 1997 Supp. 55-192, 65-34,146 and
74-7325 and repealing the existing sections.''; and the substitute bill be passed.
(Sub. HB 2478 was thereupon introduced and ready by title.)
The Committee on Appropriations recommends HB 2512, as amended by House Com-
mittee, be amended as recommended by the Committee on Appropriations during the 1997
regular session of the legislature and the bill, as printed with amendments by House Com-
mittee, be further amended: on page 1, in line 16, by striking ``1996 Supp.''; in line 38, by
striking ``1996 Supp.'';
On page 3, in line 8, by striking ``1996 Supp.''; in line 38, following ``K.S.A.'', where it
appears the first time, by inserting ``75-2534, 75-2556, 75-2557,''; also in line 38, by striking
``and K.S.A. 1996 Supp. 75-2534,''; in line 39, by striking all preceding ``are'';
In the title, in line 11, following ``K.S.A.'', where it appears the first time, by inserting
``75-2534, 75-2556, 75-2557,''; also in line 11, by striking ``and K.S.A. 1996''; in line 12, by
striking ``Supp. 75-2534, 75-2556 and 75-2557''; and the bill be passed as amended.
The Committee on Appropriations recommends SB 14, as amended by House Com-
mittee, be amended as recommended by the Committee on Appropriations during the 1997
regular session of the legislature and the bill be passed as amended.
The Committee on Appropriations recommends SB 15, as amended by House Com-
mittee, be amended as recommended by the Committee on Appropriations during the 1997
regular session of the legislature and the bill be passed as amended.
The Committee on Appropriations recommends SB 16 be amended on page 1, in line
13, by striking ``1996'' and inserting ``1997'';
In the title, in line 9, by striking ``1996'' and inserting ``1997''; and the bill be passed as
amended.
The Committee on Federal and State Affairs recommends HB 2510 be amended on
page 1, in line 43, by striking ``assistance'' and inserting ``assistant'';
On page 2, by striking all in lines 2 through 43;
By striking pages 3 and 4;
On page 5, by striking all in lines 1 through 38; following line 38, by inserting the following:
``Sec. 2. K.S.A. 1997 Supp. 74-8810 is hereby amended to read as follows: 74-8810. (a)
It is a class A nonperson misdemeanor for any person to have a financial interest, directly
or indirectly, in any racetrack facility within the state of Kansas or in any host facility for a
simulcast race displayed in this state:
(1) While such person is executive director or a member of the commission or during
the five years immediately following such person's term as executive director or member of
the commission; or
(2) while such person is an officer, director or member of an organization licensee,
other than a fair association or horsemen's nonprofit organization, or during the five years
immediately following the time such person is an officer, director or member of such an
organization licensee.
(b) It is a class A nonperson misdemeanor for any member, employee or appointee of
the commission, including stewards and racing judges, to knowingly:
(1) Participate in the operation of or have a financial interest in any business which has
been issued a concessionaire license, racing or wagering equipment or services license,
facility owner license or facility manager license, or any business which sells goods or services
to an organization licensee;
(2) participate directly or indirectly as an owner, owner-trainer or trainer of a horse or
greyhound, or as a jockey of a horse, entered in a race meeting conducted in this state;
(3) place a wager on an entry in a horse or greyhound race conducted by an organization
licensee; or
(4) accept any compensation, gift, loan, entertainment, favor or service from any li-
censee, except such suitable facilities and services within a racetrack facility operated by an
organization licensee as may be required to facilitate the performance of the member's,
employee's or appointee's official duties.
(c) (1) Except as provided in paragraph (2), it is a class A nonperson misdemeanor for
any member, employee or appointee of the commission, or any spouse, parent, grandparent,
brother, sister, child, son-in-law, daughter-in-law, grandchild, uncle, aunt, parent-in-law,
brother-in-law or sister-in-law thereof, to:
(1) (A) Hold any license issued by the commission, except that a steward or racing judge
shall hold an occupation license to be such a steward or judge; or
(2) (B) enter into any business dealing, venture or contract with an owner or lessee of
a racetrack facility in Kansas.
(2) This subsection shall not apply to any steward or racing judge holding an occupation license, if such steward or racing judge is employed at a racetrack facility and such steward's or racing judge's relative, as listed above, is employed at, by or has entered into any business dealings, ventures or contracts with a different racetrack facility.
(d) It is a class A nonperson misdemeanor for any officer, director or member of an
organization licensee, other than a fair association or horsemen's nonprofit organization, to:
(1) Receive, for duties performed as an officer or director of such licensee, any com-
pensation or reimbursement or payment of expenses in excess of the amounts provided by
K.S.A. 75-3223 and amendments thereto for board members' compensation, mileage and
expenses; or
(2) enter into any business dealing, venture or contract with the organization licensee
or, other than in the capacity of an officer or director of the organization licensee, with a
facility owner licensee, facility manager licensee, racing or wagering equipment or services
license or concessionaire licensee, or with any host facility for a simulcast race displayed in
this state.
(e) It is a class A nonperson misdemeanor for any facility owner licensee or facility
manager licensee, other than a horsemen's association, or any officer, director, employee,
stockholder or shareholder thereof or any person having an ownership interest therein, to
participate directly or indirectly as an owner, owner-trainer or trainer of a horse or grey-
hound, or as a jockey of a horse, entered in a live race conducted in this state.
(f) It is a class A nonperson misdemeanor for any licensee of the commission, or any
person who is an officer, director, member or employee of a licensee, to place a wager at a
racetrack facility located in Kansas on an entry in a horse or greyhound race if:
(1) The commission has by rules and regulations designated such person's position as a
position which could influence the outcome of such race or the parimutuel wagering
thereon; and
(2) such race is conducted at or simulcast to the racetrack facility where the licensee is
authorized to engage in licensed activities.
(g) It is a class B nonperson misdemeanor for any person to use any animal or fowl in
the training or racing of racing greyhounds.
(h) It is a class A nonperson misdemeanor for any person to:
(1) Sell a parimutuel ticket or an interest in such a ticket to a person knowing such
person to be under 18 years of age, upon conviction of the first offense;
(2) accept, transmit or deliver, from a person outside a racetrack facility, anything of
value to be wagered in any parimutuel system of wagering within a racetrack facility, upon
conviction of the first offense;
(3) administer or conspire to administer any drug or medication to a horse or greyhound
within the confines of a racetrack facility in violation of rules and regulations of the com-
mission, upon conviction of the first offense;
(4) possess or conspire to possess, within the confines of a racetrack facility, any drug
or medication for administration to a horse or greyhound in violation of rules and regulations
of the commission, upon conviction of the first offense;
(5) possess or conspire to possess, within the confines of a racetrack facility, equipment
for administering drugs or medications to horses or greyhounds in violation of rules and
regulations of the commission, upon conviction of the first offense;
(6) enter any horse or greyhound in any race knowing such horse or greyhound to be
ineligible to compete in such race pursuant to K.S.A. 74-8812 and amendments thereto; or
(7) prepare or cause to be prepared an application for registration of a horse pursuant
to K.S.A. 74-8830 and amendments thereto knowing that such application contains false
information.
(i) It is a severity level 8, nonperson felony for any person to:
(1) Sell a parimutuel ticket or an interest in such a ticket to a person knowing such
person to be under 18 years of age, upon conviction of the second or a subsequent offense;
(2) accept, transmit or deliver, from any person outside a racetrack facility, anything of
value to be wagered in any parimutuel system of wagering within a racetrack facility, upon
the second or a subsequent conviction;
(3) conduct or assist in the conduct of a horse or greyhound race, or the display of a
simulcast race, where the parimutuel system of wagering is used or is intended to be used
and where no license has been issued to an organization to conduct or simulcast such race;
(4) enter any horse or greyhound in any race conducted by an organization licensee
knowing that the class or grade in which such horse or greyhound is entered is not the true
class or grade or knowing that the name under which such horse or greyhound is entered
is not the name under which such horse or greyhound has been registered and has publicly
performed;
(5) use or conspire to use any device, other than an ordinary whip for horses or a
mechanical lure for greyhounds, for the purpose of affecting the speed of any horse or
greyhound at any time during a race conducted by an organization licensee;
(6) possess or conspire to possess, within the confines of a racetrack facility, any device,
other than an ordinary whip for horses or a mechanical lure for greyhounds, designed or
intended to affect the speed of a horse or greyhound;
(7) administer or conspire to administer any drug or medication to a horse or greyhound
within the confines of a racetrack facility in violation of rules and regulations of the com-
mission, upon conviction of the second or a subsequent offense;
(8) possess or conspire to possess, within the confines of a racetrack facility, any drug
or medication for administration to a horse or greyhound in violation of rules and regulations
of the commission, upon conviction of the second or a subsequent offense;
(9) possess or conspire to possess, within the confines of a racetrack facility, equipment
for administering drugs or medications to horses or greyhounds in violation of rules and
regulations of the commission, upon conviction of the second or a subsequent offense;
(10) sponge the nostrils or windpipe of a horse for the purpose of stimulating or de-
pressing such horse or affecting its speed at any time during a race meeting conducted by
an organization licensee;
(11) alter or attempt to alter the natural outcome of any race conducted by, or any
simulcast race displayed by, an organization licensee or transmit or receive an altered race
or delayed broadcast race if parimutuel wagering is conducted or solicited after off time of
the race;
(12) influence or attempt to influence, by the payment or promise of payment of money
or other valuable consideration, any person to alter the natural outcome of any race con-
ducted by, or any simulcast race displayed by, an organization licensee;
(13) influence or attempt to influence any member, employee or appointee of the com-
mission, by the payment or promise of payment of money or other valuable consideration,
in the performance of any official duty of that member, employee or appointee;
(14) fail to report to the commission or to one of its employees or appointees knowledge
of any violation of this act by another person for the purpose of stimulating or depressing
any horse or greyhound, or affecting its speed, at any time during any race conducted by
an organization licensee;
(15) commit any of the following acts with respect to the prior racing record, pedigree,
identity or ownership of a registered horse or greyhound in any matter related to the breed-
ing, buying, selling or racing of the animal: (A) Falsify, conceal or cover up, by any trick,
scheme or device, a material fact; (B) make any false, fictitious or fraudulent statement or
representation; or (C) make or use any false writing or document knowing that it contains
any false, fictitious or fraudulent statement or entry; or
(16) pass or attempt to pass, cash or attempt to cash any altered or forged parimutuel
ticket knowing it to have been altered or forged.
(j) No person less than 18 years of age shall purchase a parimutuel ticket or an interest
in such a ticket. Any person violating this subsection shall be subject to adjudication as a
juvenile offender pursuant to the Kansas juvenile justice code.``;
On page 6, in line 4, by striking ``1996'' and inserting ``1997'';
On page 8, in line 13, by striking ``1996'' and inserting ``1997'';
On page 9, in line 31, by striking ``1996'' and inserting ``1997'';
On page 14, in line 38, by striking ``and'' where it appears the first time and inserting a
comma; also in line 38, after ``74-8811'' by inserting ``and 79-4801''; also in line 38, by striking
``1996'' and inserting ``1997''; in line 39, following ``74-8831'' by striking the comma and
inserting ``and''; also in line 39, by striking ``and 79-4801'';
In the title, on page 1, in line 10, by striking ``and'' where it appears the first time and
inserting a comma; also in line 10, after ``74-8811'' by inserting ``and 79-4801''; also in line
10, by striking ``1996'' and inserting ``1997''; in line 11, after ``8831'' by striking the comma
and inserting ``and''; also in line 11, by striking ``and 79-4801''; and the bill be passed as
amended.
The Committee on Financial Institutions recommends HB 2763 be amended on page
1, in line 30, by striking ``40'' and inserting ``42''; in line 32, by striking ``32'' and inserting
``42''; and the bill be passed as amended.
The Committee on Health and Human Services recommends HB 2607 be amended
on page 1, in line 19, by striking all before ``provided''; in line 21, by striking all after
``Kansas''; by striking all in lines 22 through 30; in line 31, by striking all before the period;
also in line 31, before ``The'' by inserting: ``The secretary of administration shall provide
such technical assistance and advice as the secretary deems reasonable and necessary to
assist the state long-term care ombudsman office to function as an independent state
agency.''; by striking all in lines 39 through 43;
On page 2, by striking all in lines 1 through 10; in line 11, by striking ``(c)'' and inserting
``(b)'';
On page 7, in line 43, by striking ``(a)'' and inserting ``(1)''; also in line 43, by striking ``(b)''
and inserting ``(2)'';
On page 11, in line 31, by striking ``and'' where it appears for the last time and inserting
a comma; in line 32, after ``services'' by inserting ``and the department on aging'';
On page 12, in line 17, before ``its'' by inserting ``June 14, 1998, and''; in line 18, by
striking ``statute book'' and inserting ``Kansas register''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2531 be amended on page 1, in line 17,
by striking ``assisting'' and inserting ``assisted''; in line 31, before ``purpose'' by inserting
``intent and''; in line 37, after ``under'' by inserting ``subsection''; in line 38, after ``under''
by inserting ``subsection'';
On page 2, in line 1, after ``dispensed'' by inserting ``with the intent''; in line 14, after
``damages'' by inserting ``may be maintained''; in line 16, by striking ``may be maintained'';
also in line 16, by striking all after ``person''; in line 17, by striking ``amendments thereto''
and inserting ``who is the spouse, parent, child, sibling, or entitled to inherit from the person
or who is the personal representative of the person who did or would commit suicide''; by
striking all in lines 28 through 43;
By striking all on pages 3 through 6;
On page 7, by striking all in lines 1 through 8; following line 8 by inserting the following:
``Sec. 8. K.S.A. 1997 Supp. 65-1120 is hereby amended to read as follows: 65-1120. (a) Grounds for disciplinary actions. The board may deny, revoke, limit or suspend any license,
certificate of qualification or authorization to practice nursing as a registered professional
nurse, as a licensed practical nurse, as an advanced registered nurse practitioner or as a
registered nurse anesthetist that is issued by the board or applied for under this act or may
publicly or privately censure a licensee or holder of a certificate of qualification or author-
ization, if the applicant, licensee or holder of a certificate of qualification or authorization
is found after hearing:
(1) To be guilty of fraud or deceit in practicing nursing or in procuring or attempting
to procure a license to practice nursing;
(2) to have been guilty of a felony or to have been guilty of a misdemeanor involving
an illegal drug offense unless the applicant or licensee establishes sufficient rehabilitation
to warrant the public trust, except that notwithstanding K.S.A. 74-120 no license, certificate
of qualification or authorization to practice nursing as a licensed professional nurse, as a
licensed practical nurse, as an advanced registered nurse practitioner or registered nurse
anesthetist shall be granted to a person with a felony conviction for a crime against persons
as specified in article 34 of chapter 21 of the Kansas Statutes Annotated and acts amendatory
thereof or supplemental thereto;
(3) to have committed an act of professional incompetency as defined in subsection (e);
(4) to be unable to practice with skill and safety due to current abuse of drugs or alcohol;
(5) to be a person who has been adjudged in need of a guardian or conservator, or both,
under the act for obtaining a guardian or conservator, or both, and who has not been restored
to capacity under that act;
(6) to be guilty of unprofessional conduct as defined by rules and regulations of the
board;
(7) to have willfully or repeatedly violated the provisions of the Kansas nurse practice
act or any rules and regulations adopted pursuant to that act, including K.S.A. 65-1114 and
65-1122 and amendments thereto; or
(8) to have a license to practice nursing as a registered nurse or as a practical nurse
denied, revoked, limited or suspended, or to be publicly or privately censured, by a licensing
authority of another state, agency of the United States government, territory of the United
States or country or to have other disciplinary action taken against the applicant or licensee
by a licensing authority of another state, agency of the United States government, territory
of the United States or country. A certified copy of the record or order of public or private
censure, denial, suspension, limitation, revocation or other disciplinary action of the licens-
ing authority of another state, agency of the United States government, territory of the
United States or country shall constitute prima facie evidence of such a fact for purposes
of this paragraph (8) .; or
(9) to have assisted suicide in violation of K.S.A. 21-3406 and amendments thereto as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406 and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating an injunction issued under section 5 and amendments thereto.
(C) A copy of the record of a judgment assessing damages under section 6 and amend- ments thereto.
(b) Proceedings. Upon filing of a sworn complaint with the board charging a person
with having been guilty of any of the unlawful practices specified in subsection (a), two or
more members of the board shall investigate the charges, or the board may designate and
authorize an employee or employees of the board to conduct an investigation. After inves-
tigation, the board may institute charges. If an investigation, in the opinion of the board,
reveals reasonable grounds for believing the applicant or licensee is guilty of the charges,
the board shall fix a time and place for proceedings, which shall be conducted in accordance
with the provisions of the Kansas administrative procedure act.
(c) Witnesses. No person shall be excused from testifying in any proceedings before the
board under this act or in any civil proceedings under this act before a court of competent
jurisdiction on the ground that such testimony may incriminate the person testifying, but
such testimony shall not be used against the person for the prosecution of any crime under
the laws of this state except the crime of perjury as defined in K.S.A. 21-3805 and amend-
ments thereto.
(d) Costs. If final agency action of the board in a proceeding under this section is adverse
to the applicant or licensee, the costs of the board's proceedings shall be charged to the
applicant or licensee as in ordinary civil actions in the district court, but if the board is the
unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed
by the board according to the statutes relating to procedure in the district court. All costs
accrued by the board, when it is the successful party, and which the attorney general certifies
cannot be collected from the applicant or licensee shall be paid from the board of nursing
fee fund. All moneys collected following board proceedings shall be credited in full to the
board of nursing fee fund.
(e) Professional incompetency defined. As used in this section, ``professional incompe-
tency'' means:
(1) One or more instances involving failure to adhere to the applicable standard of care
to a degree which constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of care to
a degree which constitutes ordinary negligence, as determined by the board; or
(3) a pattern of practice or other behavior which demonstrates a manifest incapacity or
incompetence to practice nursing.
(f) Criminal justice information. The board upon request shall receive from the Kansas
bureau of investigation such criminal history record information relating to arrests and crim-
inal convictions as necessary for the purpose of determining initial and continuing qualifi-
cations of licensees of and applicants for licensure by the board.
Sec. 9. K.S.A. 1997 Supp. 65-1436 is hereby amended to read as follows: 65-1436. (a)
The Kansas dental board may refuse to issue the license provided for in this act, or may
take any of the actions with respect to any dental or dental hygiene license as set forth in
subsection (b), whenever it is established, after notice and opportunity for hearing in ac-
cordance with the provisions of the Kansas administrative procedure act, that any applicant
for a dental or dental hygiene license or any licensed dentist or dental hygienist practicing
in the state of Kansas has:
(1) Committed fraud, deceit or misrepresentation in obtaining any license, money or
other thing of value;
(2) habitually used intoxicants or drugs which have rendered such person unfit for the
practice of dentistry or dental hygiene;
(3) been determined by the board to be professionally incompetent;
(4) committed gross, wanton or willful negligence in the practice of dentistry or dental
hygiene;
(5) employed, allowed or permitted any unlicensed person or persons to perform any
work in the licensee's office which constitutes the practice of dentistry or dental hygiene
under the provisions of this act;
(6) willfully violated the laws of this state relating to the practice of dentistry or dental
hygiene or the rules and regulations of the secretary of health and environment or of the
board regarding sanitation;
(7) engaged in the division of fees, or agreed to split or divide the fee received for dental
service with any person for bringing or referring a patient without the knowledge of the
patient or the patient's legal representative, except the division of fees between dentists
practicing in a partnership and sharing professional fees, or in case of one licensed dentist
employing another;
(8) committed complicity in association with or allowed the use of the licensed dentist's
name in conjunction with any person who is engaged in the illegal practice of dentistry;
(9) been convicted of a felony or a misdemeanor involving moral turpitude in any ju-
risdiction and the licensee fails to show that the licensee has been sufficiently rehabilitated
to warrant the public trust;
(10) prescribed, dispensed, administered or distributed a prescription drug or sub-
stance, including a controlled substance, in an excessive, improper or inappropriate manner
or quantity outside the scope of practice of dentistry or in a manner that impairs the health
and safety of an individual;
(11) prescribed, purchased, administered, sold or given away prescription drugs, in-
cluding a controlled substance, for other than legal and legitimate purposes;
(12) violated or been convicted of any federal or state law regulating possession, distri-
bution or use of any controlled substance;
(13) failed to pay license fees;
(14) used the name ``clinic,'' ``institute'' or other title that may suggest a public or sem-
ipublic activity except that the name ``clinic'' may be used as authorized in K.S.A. 65-1435
and amendments thereto;
(15) committed, after becoming a licensee, any conduct which is detrimental to the
public health, safety or welfare as defined by rules and regulations of the board;
(16) engaged in a misleading, deceptive, untrue or fraudulent misrepresentation in the
practice of dentistry or on any document connected with the practice of dentistry by know-
ingly submitting any misleading, deceptive, untrue or fraudulent misrepresentation on a
claim form, bill or statement, including the systematic waiver of patient co-payment or co-
insurance;
(17) failed to keep adequate records;
(18) the licensee has had a license to practice dentistry revoked, suspended or limited,
has been censured or has had other disciplinary action taken, an application for license
denied, or voluntarily surrendered the license after formal proceedings have been com-
menced by the proper licensing authority or another state, territory or the District of Co-
lumbia or other country, a certified copy of the record of the action of the other jurisdiction
being conclusive evidence thereof; or
(19) failed to furnish the board, or its investigators or representatives any information
legally requested by the board; or
(20) assisted suicide in violation of K.S.A. 21-3406 and amendments thereto as estab- lished by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406 and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating an injunction issued under section 5 and amendments thereto.
(C) A copy of the record of a judgment assessing damages under section 6 and amend- ments thereto.
(b) Whenever it is established, after notice and opportunity for hearing in accordance
with the provisions of the Kansas administrative procedure act, that a licensee is in any of
the circumstances or has committed any of the acts described in subsection (a), the Kansas
dental board may take one or any combination of the following actions with respect to the
license of the licensee:
(1) Revoke the license.
(2) Suspend the license for such period of time as may be determined by the board.
(3) Restrict the right of the licensee to practice by imposing limitations upon dental or
dental hygiene procedures which may be performed, categories of dental disease which may
be treated or types of patients which may be treated by the dentist or dental hygienist. Such
restrictions shall continue for such period of time as may be determined by the board, and
the board may require the licensee to provide additional evidence at hearing before lifting
such restrictions.
(4) Grant a period of probation during which the imposition of one or more of the
actions described in subsections (b)(1) through (b)(3) will be stayed subject to such condi-
tions as may be imposed by the board including a requirement that the dentist or dental
hygienist refrain from any course of conduct which may result in further violation of the
dental practice act or the dentist or dental hygienist complete additional or remedial instruc-
tion. The violation of any provision of the dental practice act or failure to meet any condition
imposed by the board as set forth in the order of the board will result in immediate ter-
mination of the period of probation and imposition of such other action as has been taken
by the board.
(c) As used in this section, ``professionally incompetent'' means:
(1) One or more instances involving failure to adhere to the applicable standard of dental
or dental hygienist care to a degree which constitutes gross negligence, as determined by
the board;
(2) repeated instances involving failure to adhere to the applicable standard of dental
or dental hygienist care to a degree which constitutes ordinary negligence, as determined
by the board; or
(3) a pattern of dental or dental hygienist practice or other behavior which demonstrates
a manifest incapacity or incompetence to practice dentistry.
(d) In addition to or in lieu of one or more of the actions described in subsections (b)(1)
through (b)(4), the board may assess a fine not in excess of $10,000 against a licensee. All
fines collected pursuant to this subsection shall be remitted to the state treasurer. Of the
amount so remitted, an amount equal to the board's actual costs related to fine assessment
and enforcement under this subsection, as certified by the president of the board to the
state treasurer, shall be credited to the dental board fee fund and the balance shall be
credited to the state general fund.
(e) The board, upon its own motion or upon the request of any licensee who is a party
to a licensure action, may require a physical or mental examination, or both, of such licensee
either prior to a hearing to be held as a part of a licensure action or prior to the termination
of any period of suspension or the termination of any restrictions imposed upon the licensee
as provided in subsection (b).``;
Also on page 7, in line 9, by striking ``1996'' and inserting ``1997'';
On page 11, in line 38, by striking ``1996'' and inserting ``1997'';
On page 16, in line 41, by striking ``1996'' and inserting ``1997'';
In the title, on page 1, in line 12, by striking ``1996'' and inserting ``1997''; and the bill be
passed as amended.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 53, by Representative Gilmore, commending Mike Reed for achieving
Eagle Scout;
Request No. 54, by Representative Dahl, honoring Harold and Cleta Richmond on 50
years of marriage;
Request No. 55, by Representative Phelps, commending Nancy Harmon for winning
the 1997 Presidential Award for Excellence in teaching math and science;
Request No. 56, by Representative Phelps, congratulating Catherine Ann Hertel, 1997
recipient of the Cunningham Award as outstanding educator for Western Kansas, presented
by Phi Delta Kappa for her work in migrant education;
Request No. 57, by Representative Phelps, commending Jennifer Kitson, 1997 Out-
standing School Psychologist, presented by the Kansas Association of School Psychologists;
Request No. 58, by Representative Phelps, commending Theresa M. Davidson, 1997
Outstanding Kansas Secondary School Principal;
Request No. 59, by Representative Phelps, commending Karen Wasinger, 1997 winner
of Edna Harrison Pioneer Award, outstanding school psychologist for her work with the
IMPACT program;
Request No. 60, by Representative Morrison, congratulating Roxie Yonkey on receiving
the KSHSAA 24th Annual Oscar Stauffer Award for 1998;
Request No. 61, by Representative Henderson, congratulating Wendell Henderson on
his retirement as Superintendent of the Street Department of Kansas City, KS;
Request No. 62, by Representative Pauls, commending Connie Rundle, R.N., for her
efforts in initiating the formation of the Kansas Cancer Pain Initiative and serving as Pres-
ident in 1996-97;
Request No. 63, by Representative Crow, congratulating Andrew Gawrych, named Kan-
sas top high school student in the Prudential Spirit of Community Awards;
Request No. 64, by Representative Schwartz, congratulating Elsie Goodrich on her
100th birthday;
be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.
On motion of Rep. Jennison, the committee report was adopted.
Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2840, An act concerning state building construction; relating to certain claims arising
therefrom; providing for recovery and disposition of amounts received for costs incurred;
amending K.S.A. 75-1267 and 75-3785 and repealing the existing sections, by Joint Com-
mittee on State Building Construction.
HB 2841, An act concerning health care services; accident and sickness insurance;
chronic diseases and illnesses, by Representative Franklin.
HB 2842, An act concerning cities and counties; relating to the retailers' sales tax and
the use of revenue derived therefrom; amending K.S.A. 1997 Supp. 12-195 and repealing
the existing section, by Committee on Governmental Organization and Elections.
HB 2843, An act making and concerning appropriations for the fiscal year ending June
30, 1999, for the department of education and department of health and environment;
authorizing certain transfers and imposing certain restrictions and limitations, and directing
or authorizing certain receipts and disbursements and acts incidental to the foregoing, by
Representative Garner, Alldritt, Ballard, Correll, Crow, Dean, Dillon, Feuerborn, Findley,
Flaharty, Flora, Gilbert, Haley, Helgerson, Henderson, Kirk, Kuether, McClure, Nichols,
E. Peterson, Phelps, Reardon, Reinhardt, Ruff, Sawyer, Showalter, Shriver, Storm, Toelkes,
Wells and Welshimer.
HB 2844, An act establishing the fast start school readiness preschool program; prescrib-
ing powers, duties and functions for the state board of education; prescribing guidelines for
grants; making and concerning appropriations for the fiscal year ending June 30, 1999, for
the department of education, by Representatives Findley, Alldritt, Ballard, Correll, Crow,
Dean, Dillon, Feuerborn, Flaharty, Flora, Garner, Gilbert, Haley, Helgerson, Henderson,
Kirk, Kuether, McClure, Nichols, E. Peterson, Reardon, Ruff, Sawyer, Sharp, Showalter,
Storm, Toelkes, Wells and Welshimer.
HB 2845, An act establishing the early childhood development trust fund; creating a
board of trustees; prescribing powers, duties and functions; prescribing guidelines for grants,
by Representative Kirk, Alldritt, Ballard, Burroughs, Correll, Crow, Dean, Dillon, Feuer-
born, Findley, Flaharty, Flora, Garner, Gilbert, Haley, Helgerson, Henderson, Kuether,
McClure, McKechnie, Nichols, Pauls, E. Peterson, Phelps, Reardon, Reinhardt, Ruff, Saw-
yer, Sharp, Showalter, Shriver, Storm, Toelkes, Wells and Welshimer.
HB 2846, An act concerning crimes and punishment; relating to human cloning, by
Committee on Federal and State Affairs.
HB 2847, An act concerning children and juveniles; relating to students with history of
dangerous behavior; school safety and security; disclosure of certain information; unlawful
acts and penalties therefor; amending K.S.A. 1997 Supp. 38-1502, 38-1507, 38-1602, 38-
1608, 38-1618, 72-89b01, 72-89b02, 72-89b03 and 72-89b04 and repealing the existing
sections; also repealing K.S.A. 1997 Supp. 38-1502b, by Committee on Judiciary.
HB 2848, An act concerning trusts; relating to the removal of trustees and appointment
of successors; amending K.S.A. 58-2412 and repealing the existing section, by Committee
on Education.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6010--
By Representatives Pauls and Larkin, Boston, Cook, Dahl, Dean, Hayzlett, Henry, Hutchins,
Jennison, Phill Kline, P. Long, Mayans, McClure, Mollenkamp, Morrison, Myers,
O'Connor, Powers, Shallenburger, Thimesch, Toplikar and Vickrey
A RESOLUTION requiring the attorney general to bring action to determine the consti-
tutionality of Kansas statutes, administrative orders and executive orders that allow the
termination, or the use of state funds or facilities in the termination, of the lives of
innocent human beings including the unborn.
WHEREAS, Section one of the bill or rights of the constitution of Kansas states that ``All
men are possessed of equal and inalienable natural rights, among which are life, liberty, and
the pursuit of happiness.'' The right to life, logically enumerated first, is the basic, most
fundamental right without which all others are meaningless; and
WHEREAS, The United States supreme court has acknowledged that those same rights,
declared also in the Declaration of Independence, are so basic and fundamental that they
``may not be subjected to vote; they depend on the outcome of no elections.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and
WHEREAS, The term ``men'' is accepted to include adult males, women and children,
in other words, all human beings; and
WHEREAS, All medical and scientific evidence increasingly acknowledges and affirms
that children before birth share all the basic attributes of human personality--that they in
fact are persons; the unborn child is considered a person for purposes of qualifying for
medical care under the federal medicaid program; modern medicine treats unborn children
as patients; through ultrasound imaging and other techniques we can see the child's amazing
development; by using DNA profiling, before birth, indeed, even before the new being is
implanted in her mother's womb, we can be absolutely sure we are monitoring the same
individual from fertilization or conception, or both, through the various stages of growth;
and
WHEREAS, The United States supreme court itself noted, the decision in Roe v. Wade,
410 U.S. 113, 159 (1973) rested upon an earlier state of medical technology; the Court
further acknowledged in Roe v. Wade, 410 U.S. 113, 156, 157 (1973) that: ``If this suggestion
of personhood is established, the appellants case, of course, collapses, for the fetus' right to
life is then guaranteed specifically by the Fourteenth Amendment...''; the law of the land
today must recognize all of the medical evidence and scientific facts; and
WHEREAS, The legislature of the state of Kansas has acknowledged, even as recently
as 1994, that a human being exists before birth by requiring the postponement of the exe-
cution of a pregnant convict ``until the child is born.'' (K.S.A. 22-4009(b)); and
WHEREAS, The Kansas supreme court acknowledged in Smith v. Deppish, 248 Kan.
217, 231 (1991) that ``we humans create human offspring by transferring our DNA to our
children'' and that this is done ``during reproduction..,'' also known biologically as fertiliza-
tion or conception, or both. The Court further acknowledged in Smith v. Deppish, 248 Kan.
217, 232 (1991) that ``each person's'' DNA can be ``individualized''; and
WHEREAS, The United States supreme court has ruled that entities that ``are humans,
live, and have their being'' cannot be ``nonpersons,'' stating further, ``They are clearly `per-
sons' within the meaning of the Equal protection Clause of the Fourteenth Amendment.'' Levy v. Louisiana, 391 U.S. 68, 70 (1968); and
WHEREAS, A controversy now exists when the pregnancy of a woman constitutes the
presence of a second person in order to qualify for medicaid while at the same time allowing
such funds to be expended for the purpose of terminating the lives of preborn human beings
by the procedure commonly referred to as induced abortion. Through the use of matching
funds in, and the administration of, the medicaid program and the use of state facilities in
the termination of the lives of innocent human beings, the state has become a direct party
in violating section 1 of the bill of rights of the constitution of Kansas and the due process
and equal protection clause of the fifth and fourteenth amendments to United States Con-
stitution. Slaughterhouse Cases, 83 U.S. 37, 80 (1872); Strauder v. West Virginia (1879); Yick Wo v. Hopkins, 118 U.S. 356, 357, 370 (1886); Burton v. Wilmington Parking Authority,
365 U.S. 715, 721-726 (1961); Brown v. Topeka Board of Education, 387 U.S. 483, 490,
496 (1954); and
WHEREAS, The United States supreme court holds that ``The very purpose of a Bill of
Rights was to withdraw certain subjects from the vicissitudes of political controversy, to
place them beyond the reach of majorities and officials and to establish them as legal prin-
ciples to be applied by the courts.'' West Virginia State Board of Education v. Barnette, 319
U.S. 624, 638 (1943); and
WHEREAS, One of those ``legal principles,'' the court says, is ``one's right to life'' which
``may not be submitted to vote; they depend on the outcome of no elections.'' West Virginia State Board of Education v. Barnette, 319 U.S. 624, 638 (1943); and
WHEREAS, This matter involves issues of law which have never been resolved by the
courts of the state of Kansas except to the extent questions have been raised in the Kansas
Supreme Court by City of Wichita vs. Elizabeth A. Tilson, 253 Kan. 285 (1991): Now,
therefore,
Be it resolved by the House of Representative of the State of Kansas: That, based on
undeniable medical, biological and scientific facts, we do hereby acknowledge and affirm
that the unborn children in the state of Kansas have an equal and inalienable right to life
from conception and that allowing the termination of the lives of innocent human beings
even before birth violates section 1 of the bill of rights of the Kansas constitution and the
due process and equal protection clause of the fifth and fourteenth amendments to the
United States constitution; and
Be it further resolved: That because state legislatures have been effectively restrained
from exercising any authority to resolve this issue, we call upon the courts to apply the legal
principle of the right to life to all living human beings; and
Be it further resolved: That in accordance with K.S.A. 75-702, the attorney general of
the state of Kansas is hereby required to seek final solution of this issue in the supreme
court of the state of Kansas and such other courts as may be warranted; the attorney general
is further directed to bring action in mandamus and quo warranto against the governor as
chief executive officer of the state and the secretary of social and rehabilitation services as
administrative officer of the medicaid program in Kansas for the granting of a prospective
permanent injunction barring the defendants from expending state funds for the purpose
of paying for the termination of the lives of innocent human beings, whether in utero or ex
utero; and the attorney general is further directed and ordered to plead to the court that
upon conception there is life, that this life is that of a human being and to further plead to
the court to acknowledge and affirm that this human being is an ``individual,'' a ``man,'' a
``person'' under the constitution of the state of Kansas and the constitution of the United
States of America. The most recent medical, biological, and scientific facts and develop-
ments, especially those concerning the beginning of life and the incontestable reliance on
DNA profiling as a positive means of identification, must be presented to the court in
support of the above-mentioned plea.
REPORT ON ENGROSSED BILLS
HB 2613 reported correctly engrossed February 6, 1998.
REPORT ON ENROLLED BILLS
HB 2639 reported correctly enrolled, properly signed and presented to the governor on
February 6, 1998.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Monday, February
9, 1998.