The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 120 members present.
Reps. Burroughs and Lloyd were excused on verified illness.
Reps. McKechnie, O'Neal and E. Peterson were excused on excused absence by the
Speaker.
Present later: Rep. McKechnie.
Prayer by guest chaplain, the Rev. Dick Pierson, pastor, Westside Presbyterian Church,
Lawrence, and guest of Rep. Sloan:
Dear Lord and Father of us all: Forgive our shortcomings and strengthen us for
the tasks you have placed before us. Guide and guard our process; make your will
our decisions; and bless the families and communities represented here; for we ask
these things by the authority of our redeemer, the Christ. Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Speaker Shallenburger announced the withdrawal of HB 2902 from Committee on
Transportation and referral to Committee on Governmental Organization and Elections.
COMMUNICATIONS FROM STATE OFFICERS
From Terry W. Heidner, Director, Division of Planning and Development, Kansas De-
partment of Transportation, 1997 Selected Statistics.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
CONSENT CALENDAR
Objection was made to HB 2629 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.
No objection was made to HB 2738 appearing on the Consent Calendar for the second
day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2727, An act concerning cities; relating to the general improvement and assessment
law; amending K.S.A. 1997 Supp. 12-6a02 and repealing the existing section, was considered
on final action.
On roll call, the vote was: Yeas 116; Nays 4; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Burroughs, Lloyd, McKechnie, O'Neal, E. Peterson.
The bill passed.
HB 2763, An act concerning real property; relating to the release of a mortgage or deed
of trust; amending K.S.A. 1997 Supp. 58-2333i and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 118; Nays 2; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Burroughs, Lloyd, McKechnie, O'Neal, E. Peterson.
The bill passed, as amended.
SB 15, An act concerning the Kansas life and health insurance guaranty association act;
relating to coverage of the Kansas public employees deferred compensation plan; amending
K.S.A. 40-3003 and 40-3008 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 120; Nays 0; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Burroughs, Lloyd, McKechnie, O'Neal, E. Peterson.
The bill passed, as amended.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Phill Kline in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Phill Kline, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2686 be passed.
Committee report to HB 2761 be adopted and the bill be passed as amended.
Committee report to HB 2531 be adopted; also, on motion of Rep. Garner be amended
on page 22, following line 28, by inserting the following:
``New Sec. 15. (a) The university of Kansas medical center shall conduct a series of
seminars and symposiums to study and discuss issues regarding pain management and qual-
ity of life in the last stages of life.
(b) The university of Kansas medical center shall conduct at least one such symposium
in each congressional district.
(c) The state board of healing arts and board of pharmacy are hereby directed to co-
operate and assist university of Kansas medical center in conducting the seminars and sym-
posiums.
(d) The university of Kansas medical center shall report to the 1999 legislature, on or
before January 11, 1999, on its findings and any recommended legislative or regulatory
changes.'';
And by renumbering the remaining sections accordingly;
Also, roll call was demanded on motion of Rep. Adkins to amend HB 2531 on page 1,
in line 17, by striking ``, 6, 7''; also in line 17, by striking ``14'' and inserting ``12'';
On page 2, by striking all in lines 15 through 31;
And by renumbering sections accordingly;
On page 8, by striking all in lines 26 through 27;
On page 11, by striking all in lines 25 through 26;
On page 13, by striking all in lines 42 through 43;
On page 16, by striking all in lines 30 through 31;
On page 21, by striking all in lines 22 through 23;
On page 22, by striking all in lines 11 through 12;
On roll call, the vote was: Yeas 50; Nays 71; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Burroughs, Lloyd, O'Neal, E. Peterson.
The motion of Rep. Adkins did not prevail.
Also, on motion of Rep. Kirk to amend HB 2531, the motion did not prevail.
Also, on motion of Rep. Klein to amend HB 2531, Rep. Carmody requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back to the motion of Rep. Klein to amend HB 2531 on page
1, in line 17, by striking ``14'' and inserting ``18'';
On page 2, in line 16, by striking ``who violates or''; in line 20, by striking ``did or'';
following line 31, by inserting the following:
``Sec. 8. 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 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 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.
Sec. 9. K.S.A. 60-1904 is hereby amended to read as follows: 60-1904. (a) Damages
may be recovered for, but are not limited to:
(1) Mental anguish, suffering or bereavement;
(2) loss of society, companionship, comfort or protection;
(3) loss of marital care, attention, advice or counsel;
(4) loss of filial care or attention;
(5) loss of parental care, training, guidance or education; and
(6) reasonable funeral expenses for the deceased.
(b) If no probate administration for the estate of the deceased has been commenced,
expenses for the care of the deceased which resulted from the wrongful act may also be
recovered by any one of the heirs who paid or became liable for them. Those expenses and any amount recovered for funeral expenses shall not be included in the limitation of K.S.A. 60-1903 and amendments thereto.
Sec. 10. K.S.A. 60-19a02 is hereby amended to read as follows: 60-19a02. (a) As used
in this section ``personal injury action'' means any action seeking damages for personal injury
or death.
(b) In any personal injury action, the total amount recoverable by each party from all
defendants for all claims for noneconomic loss shall not exceed a sum total of $250,000.
(c) In every personal injury action, the verdict shall be itemized by the trier of fact to
reflect the amount awarded for noneconomic loss.
(d) If a personal injury action is tried to a jury, the court shall not instruct the jury on
the limitations of this section. If the verdict results in an award for noneconomic loss which
exceeds the limit of this section, the court shall enter judgment for $250,000 for all the
party's claims for noneconomic loss. Such entry of judgment by the court shall occur after
consideration of comparative negligence principles in K.S.A. 60-258a and amendments
thereto.
(e) The provisions of this section shall not be construed to repeal or modify the limitation provided by K.S.A. 60-1903 and amendments thereto in wrongful death actions.
(f) The provisions of this section shall apply only to personal injury actions which are
based on causes of action accruing on or after July 1, 1988.
Sec. 11. K.S.A. 74-7319 is hereby amended to read as follows: 74-7319. (a) Any indi-
vidual, partnership, corporation or association which contracts with any person accused or
convicted of the commission of a crime in this state, or with a representative or assignee of
such a person, to use the crime committed or alleged to have been committed by such
person or the expression of such person's thoughts, feelings, opinions or emotions regarding
the crime in any book, magazine or other publication or in any movie, radio, television
presentation or live entertainment shall pay to the crime victims compensation board all
moneys which would otherwise by the terms of the contract be owed to the person who
committed or is alleged to have committed the crime, or such person's representatives or
assignees, provided, such book, magazine or other publication, movie, radio or television
presentation or live entertainment of any kind deals principally with the crime for which
the person is accused and convicted. If any person is accused and convicted of the com-
mission of two or more crimes, the crimes shall, for purposes of determining whether such
publication, presentation or entertainment deals principally with the crime for which the
person is accused and convicted, be combined and considered as one crime.
(b) Upon receipt of such funds pursuant to subsection (a), the crime victims compen-
sation board immediately shall notify the victim of the crime, as defined in K.S.A. 74-7301,
and amendments thereto, of such receipt. Within six months of such notification, the victim
may file a claim with the board for disbursement of such moneys. If proper application is
made and the victim can provide the board evidence of a money judgment within two years
of such notification of the victim by the board, and such judgment is against the person
accused or convicted of committing such crime, the board shall pay such amount, plus
accrued interest at the rate imposed on civil money judgments, to the victim. Such amount
shall not exceed the lesser of the amount of the judgment or the amount of the funds
received by the board.
(c) In the event at the time of the notification provided in subsection (b), the applicable
civil statute of limitations on filing a civil action against such person accused of or convicted
of the crime shall have run, the victim shall have six months from such notification to file a
notice of claim as provided in subsection (b) and a civil action against the person accused
or convicted of the crime.
(d) For purposes of this section and a civil action for money damages filed hereunder,
the limitations imposed on money damages in K.S.A. 60-1903, K.S.A. 1992 Supp. 60-19a01
and subsection (e) of K.S.A. 1992 Supp. 60-3701, and amendments thereto, shall not apply.'';
And by renumbering the remaining sections accordingly;
On page 22, in line 29, following ``21-3406,'' by inserting ``60-1903, 60-1904, 60-19a02,'';
by striking ``and'' as it appears for the first time and inserting a comma; after ``65-2896b''
by inserting ``and 74-7319'';
In the title, on page 1, in line 12, after ``21-3406,'' by inserting ``60-1903, 60-1904, 60-
19a02,''; by striking ``and'' and inserting a comma; in line 13, after ``65-2896b'' by inserting
``and 74-7319'';
Roll call was demanded.
On roll call, the vote was: Yeas 37; Nays 82; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Burroughs, Flora, Franklin, Lloyd, O'Neal, E. Peterson.
The motion of Rep. Klein did not prevail; and HB 2531 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Governmental Organization and Elections recommends HB 2787 be passed and, because the committee is of the opinion that the bill is of a noncon-
troversial nature, be placed on the consent calendar.
The Committee on Governmental Organization and Elections recommends HB 2786 be amended on page 1, following line 20, by inserting a new line as follows:
``For second page and each additional page or fraction thereof
2.00'';
Also on page 1, in line 37, by striking all after the period; by striking all in lines 38 through
41; in line 42, by striking all before ``If''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2186, 2282, 2676 be passed.
The Committee on Judiciary recommends HB 2126 be amended on page 1, in line 26,
by striking ``1996'' and inserting ``1997''; in line 36, by striking ``1997'' and inserting ``1998'';
in line 38, by striking ``1997'' and inserting ``1998'';
On page 2, in line 6, by striking ``1996'' and inserting ``1997''; in line 10, by striking ``1996''
and inserting ``1997''; in line 19, by striking ``1996'' and inserting ``1997''; in line 26, by
striking ``1997'' and inserting ``1998''; in line 28, by striking ``1997'' and inserting ``1998'';
also in line 28, by striking ``1996'' and inserting ``1997'';
On page 5, in line 32, by striking ``1996'' and inserting ``1997''; by striking all in lines 35
through 43;
By striking all of pages 6 and 7;
On page 8, by striking all in lines 1 through 38;
And by renumbering sections accordingly;
Also on page 8, in line 39, by striking ``and K.S.A. 1996 Supp.''; in line 40, by striking
``40-3401'';
On page 1, in the title, in line 11, by striking ``and'' where it appears for the last time; in
line 12, by striking all before ``and''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2231 be amended on page 2, in line 17,
by striking ``1996'' and inserting ``1997'';
On page 3, in line 21, by striking ``1996'' and inserting ``1997'';
In the title, on page 1, in line 11, by striking ``1996'' and inserting ``1997''; and the bill be
passed as amended.
The Committee on Judiciary recommends HB 2312 be amended on page 1, by striking
all in lines 16 through 43;
On page 2, by striking all in lines 1 through 21 and inserting in lieu thereof the following:
``Section 1. K.S.A. 1997 Supp. 21-3413 is hereby amended to read as follows: 21-3413.
Battery against a law enforcement officer is a battery, as defined in K.S.A. 21-3412 and
amendments thereto:
(a) (1) Committed against a uniformed or properly identified state, county or city law
enforcement officer other than a state correctional officer or employee, a city or county
correctional officer or employee, a juvenile correctional facility officer or employee or a
juvenile detention facility officer or employee, while such officer is engaged in the perform-
ance of such officer's duty;
(2) committed against a state correctional officer or employee by a person in custody
of the secretary of corrections, while such officer or employee is engaged in the performance
of such officer's or employee's duty;
(3) committed against a juvenile correctional facility officer or employee by a person
confined in such juvenile correctional facility, while such officer or employee is engaged in
the performance of such officer's or employee's duty;
(4) committed against a juvenile detention facility officer or employee by a person con-
fined in such juvenile detention facility, while such officer or employee is engaged in the
performance of such officer's or employee's duty; or
(5) committed against a city or county correctional officer or employee by a person
confined in a city holding facility or county jail facility, while such officer or employee is
engaged in the performance of such officer's or employee's duty.
(b) Battery against a law enforcement officer as defined in subsection (a)(1) is a class A person misdemeanor. Battery against a law enforcement officer as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a severity level 6, person felony.
(c) As used in this section:
(1) ``Correctional institution'' means any institution or facility under the supervision and
control of the secretary of corrections.
(2) ``State correctional officer or employee'' means any officer or employee of the Kansas
department of corrections or any independent contractor, or any employee of such con-
tractor, working at a correctional institution.
(3) ``Juvenile correctional facility officer or employee'' means any officer or employee
of the juvenile justice authority or any independent contractor, or any employee of such
contractor, working at a juvenile correctional facility, as defined in K.S.A. 38-1602 and
amendments thereto.
(4) ``Juvenile detention facility officer or employee'' means any officer or employee of
a juvenile detention facility as defined in K.S.A. 38-1602 and amendments thereto.
(5) ``City or county correctional officer or employee'' means any correctional officer or
employee of the city or county or any independent contractor, or any employee of such
contractor, working at a city holding facility or county jail facility.'';
Also on page 2, in line 22, by striking ``K.S.A. 21-3413, as amended by section 23 of
chapter 229 of''; in line 23, by striking all before ``K.S.A.''; also in line 23, by striking ``1996''
and inserting ``1997''; also in line 23, by striking ``are'' and inserting ``is'';
On page 1, in the title, in line 10, by striking ``1996'' and inserting ``1997''; in line 11, by
striking all after ``section''; by striking all in line 12; in line 13, by striking ``Kansas''; and the
bill be passed as amended.
The Committee on Judiciary recommends SB 256, as amended by House Committee,
be amended on page 1, in line 17, by striking ``1996'' and inserting ``1997'';
On page 4, in line 23, by striking ``1996'' and inserting ``1997'';
In the title, on page 1, in line 13, by striking ``1996'' and inserting ``1997''; and the bill be
passed as amended.
The Committee on Tourism recommends HCR 5024 be adopted and, because the
committee is of the opinion that the concurrent resolution is of a noncontroversial nature,
be placed on the consent calendar.
On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Tuesday, February
17, 1998.