The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 123 members present.
Rep. Lloyd was excused on verified illness.
Rep. Landwehr was excused on excused absence by the Speaker.
Present later: Rep. Landwehr.
Prayer by guest chaplain, the Rev. Robert D. Marshall, pastor, Capital City Community
Church of God, Topeka:
Dear God, we thank you for this beautiful morning, and the measure of health
and strength, of the members of this legislative body. We thank you for allowing us
to be a part of this great democratic nation and the state of Kansas. We thank you
for the peace and brotherhood of mankind, that prevails within these walls. We thank
you that we are blessed to live in a nation that has survived the infectious climate of
confusion, uncertainty, helplessness, and irresponsibility by preserving among us
such enlightened and concerned citizens who cherish our heritage, and have pur-
posed in their hearts to continue in our forefathers' footsteps.
We now pray that you would continue to grant those we have entrusted with the
authority of government to be responsible, wise, courageous, strong and morally
upright.
We pray for those who have been chosen to lead and guide us to community for
all. That they will demonstrate that trust by being wise in legislation, responsible in
the administration of the law, courageous in protecting the freedom and responsi-
bility of our citizens. Strong in being fair and unbiased so that all may prosper to-
gether and be morally upright so that we might remain under the favor of the al-
mighty God.
We also pray that this day, we may achieve a unity of purpose, in this session that
will spill over into the days and months to come, that we all might be the better,
because we came. We debated and we agreed on what is in the best interest of all
of our citizens.
Now God, grant your love, peace and mercy on this assembly. We pray in Christ's
name. Amen, Amen.
CHANGE OF REFERENCE
Speaker pro tem Wagle announced the withdrawal of HB 2713 from Committee on
Education and referral to Committee on Insurance.
MESSAGES FROM THE GOVERNOR
HB 2707 approved on February 16, 1998.
COMMUNICATIONS FROM STATE OFFICERS
From Washburn University, Annual Report for 1997.
The complete report is kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:
HOUSE RESOLUTION No. 6011--
By Representative McCreary
A RESOLUTION honoring women in military service.
WHEREAS, Nearly two million women, including over 10,000 Kansans, have served in
the US Armed Forces; and
WHEREAS, The contributions of women in military service should be recognized by all
Kansans; and
WHEREAS, The United States Congress has authorized the construction of the Women
in Military Service for America Memorial, located at the ceremonial entrance to Arlington
National Cemetery, across the Potomac River from the Lincoln Memorial; and
WHEREAS, The purpose of the memorial is to recognize all women who have served
in the armed forces--past, present, and future; document the experiences of women and
tell their stories of service, sacrifice, and achievement; make their contributions a visible
part of American history; illustrate their partnership with men in the defense of the nation;
and inspire others as role models: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That we take this
opportunity to honor Kansas women veterans, who have served our country in the various
branches of the military, and who are deserving of a public memorial honoring their service;
and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send an enrolled copy of this resolution to the Women in Military Service for America
Memorial Foundation, Inc., Department 560, Washington, D.C. 20042-0560.
CONSENT CALENDAR
No objection was made to HB 2787; HCR 5024 appearing on the Consent Calendar for
the first day.
No objection was made to HB 2738 appearing on the Consent Calendar for the third
day. The bill was advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2738, An act concerning weights and measures; relating to liquefied petroleum;
exchanged containers; amending K.S.A. 83-148 and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
HB 2531, An act enacting the prevention of assisted suicide act; concerning the assisting
of suicide; providing criminal penalties; providing civil remedy; providing injunctive relief;
amending K.S.A. 21-3406, 65-2006 and 65-2896b and K.S.A. 1997 Supp. 65-1120, 65-1436,
65-1627 and 65-2836 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 111; Nays 13; Present but not voting: 0; Absent or not
voting: 1.
HB 2686, An act relating to apportioned fleet registration of certain vehicles; amending
K.S.A. 1997 Supp. 8-1,105 and 8-1,109 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 1; Absent or not
voting: 1.
HB 2761, An act concerning grain storage; relating to public warehouseman's license;
waiver; amending K.S.A. 1997 Supp. 34-228 and repealing the existing section, was consid-
ered on final action.
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Packer in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Packer, Committee of the Whole report, as follows, was adopted:
Recommend that committee report to HB 2723 be adopted and the bill be passed as
amended.
Committee report to HB 2737 be adopted and the bill be passed as amended.
Committee report to SB 500 be adopted; also, on motion of Rep. Phill Kline be amended
on page 19, in line 22, by striking ``3'' and inserting ``21'';
On page 23, in line 11, by striking ``and tax years thereafter'';
On page 29, in line 38, before the colon, by inserting ``upon'';
In the title, in line 30, by striking ``79-32,117'' and inserting ``79-32,117i'';
Also, on motion of Rep. Presta SB 500 be amended on page 56, after line 1, by inserting
a new section to read as follows:
``Sec. 39. K.S.A. 79-3619 is hereby amended to read as follows: 79-3619. (a) For the
purposes of more efficiently securing the payment, collection and accounting for the taxes
provided for under this act, agreements between competing retailers or the adoption of
appropriate rules and regulations by organizations or associations of retailers to provide
uniform methods for adding and collecting the full amount of the tax imposed by this act,
or an amount equal as nearly as possible or practicable to the average equivalent thereof,
and which do not involve price-fixing agreements otherwise unlawful, and which shall first
have the approval of the director of taxation, are expressly authorized and shall be held not
to be in violation of any antitrust laws of this state. It shall be the duty of the director of
taxation to cooperate with such retailers, organizations, or associations in formulating such
agreements, rules and regulations. The secretary of revenue shall adopt rules and regulations
for adding and collecting such tax, or an amount equal as nearly as possible or practicable
to the average equivalent thereof, by providing different methods applying uniformly to
retailers within the same general classification for the purpose of enabling such retailers to
add and collect, as far as practicable, the amount of such tax.
(b) The secretary of revenue may adopt rules and regulations to provide for the issuance of permits to certain businesses which grant direct payment authority that allows certain purchases to be made without the payment of retailers' sales or use tax to the vendor or service provider and requires the permit holder to self-accrue any state and local tax that is due and pay such tax directly to the department of revenue. The secretary shall be accorded broad discretion in establishing qualification standards for direct pay authority, in entering into agreement with permit holders that fix accounting and reporting requirements, in grant- ing and canceling the direct pay privilege, and in establishing other requirements for ad- ministration of this section.'';
By renumbering existing sections accordingly;
Also, on page 56, in line 12, before ``79-3633'' by inserting ``79-3619,'';
In the title, in line 22, before ``79-3633'' by inserting ``79-3619,'';
Also, on motion of Rep. McKinney to amend SB 500, Rep. Phill Kline requested a ruling
on the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane. Rep. Sawyer challenged the ruling, the question being ``Shall the Rules Chair be
sustained?'' Roll call was demanded.
On roll call, the vote was: Yeas 76; Nays 48; Present but not voting: 0; Absent or not
voting: 1.
Also, roll call was demanded on motion of Rep. Larkin to amend SB 500 on page 1, by
striking all in lines 33 through 43;
By striking all on pages 2 through 14;
On page 15, by striking all in lines 1 through 6 and inserting two new sections to read as
follows:
``Section 1. K.S.A. 79-1537 is hereby amended to read as follows: 79-1537. (a) A tax is
hereby imposed on the privilege of succeeding to the ownership of any property, corporeal
or incorporeal, and any interest therein within the jurisdiction of this state.
(b) Distributees of estates shall be classified as follows:
(1) Class A shall consist of the lineal ancestors, lineal descendants, step-parents, step-
children, adopted children, lineal descendants of any adopted child or step-child, the spouse
or surviving spouse of a son or daughter, or the spouse or surviving spouse of an adopted
child or step-child of the decedent. In the case of an adopted child or step-child, a spouse
or surviving spouse of an adopted child or step-child or the lineal descendant of an adopted
child or step-child of the decedent, such person shall file with the department of revenue
an affidavit setting forth the relationship of such person to the decedent. Such affidavit shall
be sufficient proof of the adoptive or step-child relationship in question, and the department,
or any officer or employee thereof, shall not require any additional proof of such relationship.
As used in this paragraph, ``step-child'' means a child of a spouse or former spouse of the
decedent.
(2) Class B shall consist of the brothers and sisters of the decedent.
(3) Class C shall consist of relatives of all degrees of consanguinity, except those included
in classes A and B, and shall also include strangers in the blood of the decedent.
Notwithstanding the foregoing provisions of this subsection, with respect to qualified
terminable interest property includable in the decedent's estate under K.S.A. 79-1557a, and
amendments thereto, the relationship of the distributees of such property shall be deter-
mined by their relationship to the individual whose estate made an election with respect to
such property pursuant to subsection (b)(3) of K.S.A. 79-1537b, and amendments thereto.
(c) (1) From the value of the shares of the distributable estate, as ascertained under
the provisions of this act and succeeded to by the several distributees, deductions shall be
allowed as follows: (A) To each member of class A, $30,000 $1,300,000; and (B) to each
member of class B, $5,000 $100,000.
(2) The tax herein provided for shall be charged upon the value of the shares of the
distributable estate after deduction of the amounts herein provided, except that when one
or more of the shares of the distributable estate shall consist of property within and property
without the state, only such percentage of the deductions above named shall be allowed in
the percentage that the Kansas share bears to the total shares of the distributee.
(d) The tax herein imposed shall be an amount equal to a percentage of the value of
the shares of the distributable estate of the decedent succeeded to by the distributees
thereof, reduced by any deductions authorized pursuant to subsection (c):
(1) Upon the value of shares succeeded to by members of class A reduced by such
deductions, the following rates of tax are hereby imposed: On the first $25,000, or fraction
thereof, 1%; on the second $25,000, or fraction thereof, 2%; on the next $50,000, or fraction
thereof, 3%; on the next $400,000, or fraction thereof, 4%; on all over $500,000, 5%;
(2) upon the value of shares succeeded to by members of class B reduced by such
deductions, the following rates of tax are hereby imposed: On the first $25,000, or fraction
thereof, 3%; on the second $25,000, or fraction thereof, 5%; on the next $50,000, or fraction
thereof, 71/2%; on the next $400,000, or fraction thereof, 10%; on all over $500,000, 121/2%;
and
(3) upon the value of shares succeeded to by members of class C, the following rates
of taxes are hereby imposed: On any amount up to $100,000, 10%; on any amount in excess
of $100,000 and up to $200,000, 12%; on all sums in excess of $200,000, 15%.
Sec. 2. K.S.A. 79-1542 is hereby amended to read as follows: 79-1542. As used in this
act unless the context otherwise requires:
(a) Any term used in this act shall have the same meaning as when used in a comparable
context in the internal revenue code. Any reference in this act to the ``internal revenue code''
shall mean the provisions of the United States internal revenue code of 1986, as such code
exists on December 31, 1992 1997. Any reference in this act to a specific provision of the
internal revenue code shall be to such provision as it exists on December 31, 1992 1997.
(b) ``Deemed executor'' includes any person in actual or constructive possession of any
property of the decedent.
(c) ``Director'' means the director of taxation.
(d) ``Distributee'' means a beneficiary, legatee, devisee, heir, next of kin, grantee, donee,
vendee, joint tenant or any other successor in interest, whether outright or in trust.
(e) ``Distributive share'' or ``distributive shares'' means the share or shares of the dis-
tributive estate passing to a distributee or distributees.
(f) ``Domicile'' refers to that place where a person resides, has an intention to remain
and to which they intend to return following any absence.
(g) ``Estate'' and ``property'' shall mean the real, personal and mixed property or interest
therein of the testator, intestate, grantor, bargainor, vendor or donor which shall pass or be
transferred to legatees, devisees, heirs, next of kin, grantees, donees, vendees, or successors
and shall include all personal property within or without the state.
(h) ``Executor'' and ``administrator'' mean the duly appointed, qualified and acting ex-
ecutor or administrator of the decedent in this state.
(i) ``Nonresident decedent'' means a decedent who was not a resident decedent at the
time of death.
(j) ``Personal representative'' means the executor, administrator or deemed executor of
the decedent.
(k) ``Resident decedent'' means a decedent who was domiciled in this state at the time
of death.
(l) ``Secretary'' means the secretary of revenue, or the secretary's designee.
(m) ``Tax'' includes tax, penalty and interest, unless the context of a particular section
otherwise requires.
(n) ``Transfer'' shall include the passing of property or any interest therein in possession
or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant,
deed, bargain, sale, gift or appointment in the manner herein prescribed.'';
By renumbering existing sections accordingly;
On page 25, in line 15, by striking ``23'' and inserting ``24''; in line 16, before the period
by inserting ``and 23 mills in the 1999-2000 school year''; in line 36, after ``purposes'' by
inserting ``and property classified for property tax purposes pursuant to section 1 of article
11 of the Kansas constitution in subclass (6) of class 1''; in line 37, by striking ``$20,000''
and inserting ``$30,000'';
On page 56, in line 2, by striking ``79-''; by striking all in lines 3 through 9; in line 10, by
striking all before ``79-3235'' and inserting ``79-1542,'';
In the title, in line 18, by striking ``79-1541a, 79-''; by striking all in line 19; in line 20, by
striking all before ``79-3235'' and inserting ``79-1537, 79-1542,''; in line 24, by striking all
after ``K.S.A.''; by striking all in lines 25 through 30 and inserting ``79-32,117i.'';
On roll call, the vote was: Yeas 46; Nays 76; Present but not voting: 1; Absent or not
voting: 2.
Also, on motion of Rep. Welshimer to amend SB 500, rose and reported progress.
REPORTS OF STANDING COMMITTEES
The Committee on Insurance recommends HB 2705 be passed and, because the com-
mittee is of the opinion that the bill is of a noncontroversial nature, be placed on the consent
calendar.
The Committee on Tourism recommends HB 2764 be amended on page 1, in line 18,
by striking ``such'' and inserting ``the gaming revenues''; in line 22, by striking ``such'' and
inserting ``the gaming revenues''; in line 25, by striking ``credited to'' and inserting ``to be
transferred from''; in line 26, by striking ``which are in excess of $50,000,000''; in line 27,
by striking ``the first $5,000,000 of''; in line 28, by striking all before ``shall'' and inserting
``75% of such moneys shall be credited to the state general fund and 25% of such moneys'';
following line 29, by inserting the following:
``Sec. 2. K.S.A. 1997 Supp. 74-9003 is hereby amended to read as follows: 74-9003. (a)
There is hereby established in the state treasury the state tourism fund. All moneys credited
to the state tourism fund shall only be used for expenditures for the purposes of developing
new tourism attractions in Kansas and to significantly expand existing tourism attractions in
Kansas. Both public and private entities shall be eligible to apply for funds under the pro-
visions of this act.
(b) The secretary of commerce and housing shall administer the provisions of this act.
The secretary may adopt rules and regulations establishing criteria for obtaining grants and
other expenditures from such fund and other matters deemed necessary for the adminis-
tration of this act.
(c) All expenditures from such fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the secretary of commerce and housing or the secretary's designee.
(d) The secretary of commerce and housing shall prepare and submit budget estimates for all proposed expenditures from the state tourism fund in accordance with the provisions of K.S.A. 75-3717 and 75-3717b and amendments thereto. Such budget estimates shall include detailed information regarding all proposed expenditures for programs, projects, activities and other matters and shall set forth separately each program, project, activity or other expenditure for which the proposed expenditures from the state tourism fund for a fiscal year are for an amount that is equal to $50,000 or more. Appropriations for the department of commerce and housing of moneys in the state tourism fund for each program, project, activity or other expenditure for a fiscal year for an amount that is equal to $50,000 or more shall be made as a separate item of appropriation. The secretary of commerce and housing shall prepare and submit in its annual report under K.S.A. 74-5049, and amend- ments thereto, detailed information regarding expenditures made from the state tourism fund for programs, projects, activities and other matters.
(e) The legislature shall approve or disapprove of any itemized expenditure from the state tourism fund.
(f) (e) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the state tourism fund established in subsection (a)
interest earnings based on:
(1) The average daily balance of moneys in the state tourism fund for the preceding
month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding
month.
Sec. 3. K.S.A. 1997 Supp. 74-9004 is hereby amended to read as follows: 74-9004. (a)
The council on travel and tourism, established under K.S.A. 74-9001, and amendments
thereto, shall oversee all matters concerning the state tourism fund and expenditures there-
from.
(b) The council, by a majority vote, shall determine for inclusion in the department of commerce and housing recommend budget expenditures from the state tourism fund with final approval by the secretary of commerce and housing. No expenditures may be made from the fund without the council's recommendation. If the secretary vetoes a recommen- dation, the council may override the secretary's veto by a 2/3 vote.'';
And by renumbering sections accordingly;
Also on page 1, in line 30, by striking ``is'' and inserting ``and K.S.A. 1997 Supp. 74-9003
and 74-9004 are'';
In the title, in line 9, before ``amending'' by inserting ``expenditures;''; in line 10, before
``repealing'' by inserting ``K.S.A. 1997 Supp. 74-9003 and 74-9004 and''; also in line 10, by
striking ``section'' and inserting ``sections''; and the bill be passed as amended.
The Committee on Transportation recommends HB 2689 be amended on page 6, in
line 32, following ``person'' by inserting ``who chooses to reaffirm the sale in writing on a
form approved by the division which advises them of their rights pursuant to paragraph (7)
of subsection (c) and''; following line 38, by inserting the following:
``(12) On and after July 1, 1999, the owner of any vehicle assigning a certificate of title
or manufacturer's statement of origin in accordance with the provisions of this section may
file with the division a form indicating that such owner has assigned such certificate of title
or manufacturer's statement of origin. Such form shall be furnished by the division and shall
contain such information as the division may require. The filing of such form shall be prima
facie evidence that such certificate of title or manufacturer's statement of origin was assigned
and shall create a rebuttable presumption. If the assignee of a certificate of title or manu-
facturer's statement of origin fails to make application for registration, an owner assigning
such title or manufacturer's statement of origin and filing the form provided by this para-
graph shall not be held liable for damages resulting from the operation of such vehicle.'';
and the bill be passed as amended.
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 2968, An act concerning the open records act; relating to the release of certain
information; amending K.S.A. 45-220 and K.S.A. 1997 Supp. 45-221 and repealing the
existing sections, by Committee on Appropriations.
HB 2969, An act establishing the quality enhancement wage pass-through program for
nursing facilities, by Committee on Appropriations.
HB 2970, An act concerning the governor's department; transferring title to certain
personal property accepted on behalf of the state of Kansas, by Committee on Appropria-
tions.
HB 2971, An act concerning state educational institutions; relating to recruitment of
certain personnel; reimbursement of moving expenses; amending K.S.A. 76-727 and re-
pealing the existing section, by Committee on Appropriations.
HB 2972, An act concerning adult care homes; relating to background check of employ-
ees; amending K.S.A. 1997 Supp. 39-970 and repealing the existing section, by Committee
on Federal and State Affairs.
HB 2973, An act relating to sales taxation; concerning the taxation of motor vehicles;
amending K.S.A. 12-198 and repealing the existing section, by Committee on Taxation.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolutions were introduced and read by title:
HOUSE RESOLUTION NO. 6012--
By Representative Franklin
A RESOLUTION requesting the state board of education to develop or select a standard-
ized assessment program for determination of student proficiency in reading and math-
ematics skills.
WHEREAS, The state of Kansas, schools and educators have expended great effort in
identifying essential skills in reading and mathematics that all students should know and be
able to apply; and
WHEREAS, Identification of essential skills in reading and mathematics is intended to
communicate to educators, students and parents what is expected of students at each grade
level so that action, including the provision of additional assistance in reading and mathe-
matics, may be taken to achieve these expectations; and
WHEREAS, In order to ascertain how well students are progressing toward attainment
of the identified skills in reading and mathematics, it is necessary that students be assessed
to determine their proficiency: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That, in recognition
of the facts contained in the preamble of this resolution, the state board of education is
hereby requested to develop or select a standardized assessment program matched to the
essential skills in reading and mathematics that have been identified for student accomplish-
ment in order to insure that students, before advancing in grade, have attained the profi-
ciency in such skills that is necessary to succeed upon encountering more advanced concepts
and content areas at future grade levels; and
Be it further resolved: That the state board of education is urged to develop criteria for
inclusion of pupils with disabilities and limited English proficient pupils in the assessment
program and to provide for the modifications to the administration process and the assess-
ment instruments that will make it possible for such pupils to participate in the program;
and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to the State Board of Education and to the Com-
missioner of Education, 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182.
HOUSE RESOLUTION NO. 6013--
By Representative Franklin
A RESOLUTION requesting the state board of education to study and suggest stricter
behavior expectations of children at school and to design a framework for constructive
correction and stricter discipline.
WHEREAS, Ensuring that Kansas public schools are safe and conducive to learning is
a concern of students, parents, educators and public officials; and
WHEREAS, Controlling disruptive and violent behavior within the student population
is key; giving teachers and associated support personnel the authority to enforce discipline
is vital: Now, therefore,
Be it resolved by the House of Representatives of the State of Kansas: That, in recognition
of the facts contained in the preamble of this resolution, the state board of education is
hereby requested to study and suggest stricter behavior expectations of children while in
attendance at school and to make recommendations for such clearly measurable criteria;
and
Be it further resolved: That the study of stricter student behavior expectations should
focus on unacceptable behavior including but not limited to disrespect, deviance, violence,
malice, illegal use of controlled substances, use/possession of guns/weapons, intimidation,
and dishonesty, while ensuring that the constitutional rights of freedom of speech, religion,
and creative expression shall be protected for every student and shall not be infringed by
the behavior expectations; and
Be it further resolved: That at the conclusion of the study, the state board is requested
to design a framework for constructive correction and stricter discipline; the framework
shall include clear and workable methods for determining corrective action with checks and
balances from school administrators and teachers; and
Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to the State Board of Education and to the Com-
missioner of Education, 120 S.E. 10th Avenue, Topeka, Kansas 66612-1182.
On motion of Rep. Jennison, the House recessed until 5:00 p.m.
February 17, 1998
______
Evening Session
The House met pursuant to recess with Speaker Shallenburger in the chair.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Carmody in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Carmody, Committee of the Whole report, as follows, was adopted:
Recommended that discussion resume on SB 500 and on the motion of Rep. Welshimer
to amend, Rep. Phill Kline requested the question be divided. The question was divided
and on Part A, the motion did not prevail.
Also, roll call was demanded on Part B of the motion of Rep Welshimer to amend by
adding
New Sec. 3. (a) Any taxpayer described in K.S.A. 79-1106 and amendments thereto
which owns stock in a subsidiary that owns, holds or manages all or part of the taxpayer's
securities portfolio, shall file consolidated returns for purposes of determining the tax liability
under article 11 of chapter 79 of the Kansas Statutes Annotated as if such taxpayer and
subsidiary were one entity.
(b) (1) Any taxpayer required to file a consolidated return under section 1 and amend-
ments thereto, and required to determine an apportionment percentage under K.S.A. 79-
1129 and amendments thereto shall not include in either the numerator or the denominator
of the receipts factor described in K.S.A. 79-1130 and amendments thereto amounts re-
ceived from or provided to a subsidiary described in subsection (a) as consideration from
investment assets and activities and trading assets and activities that represent inter-company
transactions between the taxpayer and such subsidiary; and
(2) receipts as described in subsection (m) of K.S.A. 79-1130 and amendments thereto
received by a subsidiary described in subsection (a) shall be treated by a taxpayer required
to file a consolidated return under section 1 and amendments thereto as receipts of the
taxpayer.
(c) For taxpayers described in K.S.A. 79-1106 and amendments thereto, the secretary
of revenue may require returns on a consolidated basis or may distribute or allocate gross
income, deductions, credits, or allowances between two or more organizations, trades or
businesses, whether or not incorporated, or organized in the United States or Kansas or
affiliated, owned or controlled directly or indirectly by the same interests, if the secretary
of revenue determines such allocation is necessary to prevent evasion of taxes or to clearly
reflect income of the organizations, trades or businesses.
(d) This provisions of this section shall be applicable to all taxable years commencing
after December 31, 1997.
(e) This section shall be and constitute a part of and shall be supplemental to the priv-
ilege tax statutes enacted at K.S.A. 79-1106 et seq. and amendments thereto.'';
By renumbering existing sections accordingly;
On page 29, in line 38, before the colon by inserting ``, unless otherwise specifically
provided, upon'';
On roll call, the vote was: Yeas 12; Nays 107; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Klein, Krehbiel, Lloyd, Nichols, Packer, Ruff.
Part B of the motion of Rep. Welshimer to amend did not prevail.
Also, roll call was demanded on Part C of the motion of Rep. Welshimer to amend
On page 33, in line 35, by striking ``and''; in line 37, before the period by inserting ``; and
(u) the gross receipts received from sales of food for human consumption which shall
be taxed at the rate of 3.4%. As used in this subsection, ``food for human consumption''
means only that food which is eligible for purchase with food stamps issued by the United
States department of agriculture pursuant to regulations in effect on January 1, 1998, re-
gardless of whether the retailer from which the food is purchased is participating in the food
stamp program. Such phrase shall not include: (1) Meals prepared for immediate consump-
tion on or off premises of the retailer; or (2) food sold through vending machines'';
On page 56, in line 2, by striking ``79-''; by striking all in lines 3 through 9; in line 10, by
striking all before ``79-3235'' and inserting ``79-1542,'';
On roll call, the vote was: Yeas 47; Nays 74; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Lloyd, Mayans, Packer, Ruff.
Part C of the motion of Rep. Welshimer did not prevail.
Also, on motion of Rep. Thimesch SB 500 be amended on page 31, in line 39, by striking
``paragraph'' and inserting ``paragraphs Eighth and'';
Also, on motion of Rep. Garner to amend SB 500, Rep. Franklin requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane. Rep. Garner challenged the ruling, the question being ``Shall the Rules Chair be
sustained?''
The Rules Chair was not sustained. The question then reverted back to the motion of
Rep. Garner to amend on page 1, by striking all in lines 33 through 43;
By striking all on pages 2 through 14;
On page 15, by striking all in lines 1 through 6 and inserting four new sections to read as
follows:
``Section 1. K.S.A. 79-1537 is hereby amended to read as follows: 79-1537. (a) A tax is
hereby imposed on the privilege of succeeding to the ownership of any property, corporeal
or incorporeal, and any interest therein within the jurisdiction of this state.
(b) Distributees of estates shall be classified as follows:
(1) Class A shall consist of the lineal ancestors, lineal descendants, step-parents, step-
children, adopted children, lineal descendants of any adopted child or step-child, the spouse
or surviving spouse of a son or daughter, or the spouse or surviving spouse of an adopted
child or step-child of the decedent. In the case of an adopted child or step-child, a spouse
or surviving spouse of an adopted child or step-child or the lineal descendant of an adopted
child or step-child of the decedent, such person shall file with the department of revenue
an affidavit setting forth the relationship of such person to the decedent. Such affidavit shall
be sufficient proof of the adoptive or step-child relationship in question, and the department,
or any officer or employee thereof, shall not require any additional proof of such relationship.
As used in this paragraph, ``step-child'' means a child of a spouse or former spouse of the
decedent.
(2) Class B shall consist of the brothers and sisters of the decedent.
(3) Class C shall consist of relatives of all degrees of consanguinity, except those included
in classes A and B, and shall also include strangers in the blood of the decedent.
Notwithstanding the foregoing provisions of this subsection, with respect to qualified
terminable interest property includable in the decedent's estate under K.S.A. 79-1557a, and
amendments thereto, the relationship of the distributees of such property shall be deter-
mined by their relationship to the individual whose estate made an election with respect to
such property pursuant to subsection (b)(3) of K.S.A. 79-1537b, and amendments thereto.
(c) (1) From the value of the shares of the distributable estate, as ascertained under
the provisions of this act and succeeded to by the several distributees, deductions shall be
allowed as follows: (A) To each member of class A, $30,000 $1,300,000; and (B) to each
member of class B, $5,000 $100,000.
(2) The tax herein provided for shall be charged upon the value of the shares of the
distributable estate after deduction of the amounts herein provided, except that when one
or more of the shares of the distributable estate shall consist of property within and property
without the state, only such percentage of the deductions above named shall be allowed in
the percentage that the Kansas share bears to the total shares of the distributee.
(d) The tax herein imposed shall be an amount equal to a percentage of the value of
the shares of the distributable estate of the decedent succeeded to by the distributees
thereof, reduced by any deductions authorized pursuant to subsection (c):
(1) Upon the value of shares succeeded to by members of class A reduced by such
deductions, the following rates of tax are hereby imposed: On the first $25,000, or fraction
thereof, 1%; on the second $25,000, or fraction thereof, 2%; on the next $50,000, or fraction
thereof, 3%; on the next $400,000, or fraction thereof, 4%; on all over $500,000, 5%;
(2) upon the value of shares succeeded to by members of class B reduced by such
deductions, the following rates of tax are hereby imposed: On the first $25,000, or fraction
thereof, 3%; on the second $25,000, or fraction thereof, 5%; on the next $50,000, or fraction
thereof, 71/2%; on the next $400,000, or fraction thereof, 10%; on all over $500,000, 121/2%;
and
(3) upon the value of shares succeeded to by members of class C, the following rates
of taxes are hereby imposed: On any amount up to $100,000, 10%; on any amount in excess
of $100,000 and up to $200,000, 12%; on all sums in excess of $200,000, 15%.
Sec. 2. K.S.A. 79-1542 is hereby amended to read as follows: 79-1542. As used in this
act unless the context otherwise requires:
(a) Any term used in this act shall have the same meaning as when used in a comparable
context in the internal revenue code. Any reference in this act to the ``internal revenue code''
shall mean the provisions of the United States internal revenue code of 1986, as such code
exists on December 31, 1992 1997. Any reference in this act to a specific provision of the
internal revenue code shall be to such provision as it exists on December 31, 1992 1997.
(b) ``Deemed executor'' includes any person in actual or constructive possession of any
property of the decedent.
(c) ``Director'' means the director of taxation.
(d) ``Distributee'' means a beneficiary, legatee, devisee, heir, next of kin, grantee, donee,
vendee, joint tenant or any other successor in interest, whether outright or in trust.
(e) ``Distributive share'' or ``distributive shares'' means the share or shares of the dis-
tributive estate passing to a distributee or distributees.
(f) ``Domicile'' refers to that place where a person resides, has an intention to remain
and to which they intend to return following any absence.
(g) ``Estate'' and ``property'' shall mean the real, personal and mixed property or interest
therein of the testator, intestate, grantor, bargainor, vendor or donor which shall pass or be
transferred to legatees, devisees, heirs, next of kin, grantees, donees, vendees, or successors
and shall include all personal property within or without the state.
(h) ``Executor'' and ``administrator'' mean the duly appointed, qualified and acting ex-
ecutor or administrator of the decedent in this state.
(i) ``Nonresident decedent'' means a decedent who was not a resident decedent at the
time of death.
(j) ``Personal representative'' means the executor, administrator or deemed executor of
the decedent.
(k) ``Resident decedent'' means a decedent who was domiciled in this state at the time
of death.
(l) ``Secretary'' means the secretary of revenue, or the secretary's designee.
(m) ``Tax'' includes tax, penalty and interest, unless the context of a particular section
otherwise requires.
(n) ``Transfer'' shall include the passing of property or any interest therein in possession
or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant,
deed, bargain, sale, gift or appointment in the manner herein prescribed.
Sec. 3. K.S.A. 79-5105 is hereby amended to read as follows: 79-5105. (a) A tax is hereby
levied upon every motor vehicle, as the same is defined by K.S.A. 79-5101, and amendments
thereto, in an amount which shall be determined in the manner hereinafter prescribed,
except that: (1) (A) For 1995, the tax on any motorcycle shall not be less than $6 and the
tax on any other motor vehicle shall not be less than $12; and (B) the tax on each motor
vehicle the age of which is 15 years or older shall not be more than $12; and (2) for 1996,
and each year thereafter: (A) The tax on any motorcycle shall not be less than $12 and the
tax on any other motor vehicle shall not be less than $24, except as otherwise provided by
clause (B) and (C); (B) the tax on any motorcycle the model year of which is 1980 or earlier
shall be $6 and the tax on any other motor vehicle the model year of which is 1980 or earlier
shall be $12; and (C) if the tax on any motorcycle in 1995 was more than $6 but less than
$12, the tax shall be determined for 1996 and each year thereafter in the manner hereinafter
prescribed but shall not be less than $6, and if the tax on any other motor vehicle in 1995
was more than $12 but less than $24, the tax shall be determined for 1996 and each year
thereafter in the manner hereinafter prescribed but shall not be less than $12.
(b) The amount of such tax on a motor vehicle shall be computed by: (1) Determining
the amount representing the midpoint of the values included within the class in which such
motor vehicle is classified under K.S.A. 79-5102 or 79-5103, and amendments thereto,
except that the midpoint of class 20 shall be $21,000 plus $2,000 for each $2,000 or portion
thereof by which the trade-in value of the vehicle exceeds $22,000; (2) if the model year of
the motor vehicle is a year other than the year for which the tax is levied, by reducing such
midpoint amount by an amount equal to 16% in 1995, and all years prior thereto, and 15%
in 1996, and all years thereafter, of the remaining balance for each year of difference be-
tween the model year of the motor vehicle and the year for which the tax is levied if the
model year of the motor vehicle is 1981 or a later year or (B) the remaining balance for
each year of difference between the year 1980 and the year for which the tax is levied if the
model year of the motor vehicle is 1980 or any year prior thereto; (3) by multiplying the
amount determined after application of clause (2) above by 30% during calendar year 1995,
28.5% during the calendar year 1996, 26.5% during the calendar year 1997, 24.5% during
the calendar year 1998, 22.5% during the calendar year 1999, and 20% during all calendar
years thereafter, which shall constitute the taxable value of the motor vehicle; and (4) by
multiplying the taxable value of the motor vehicle produced under clause (3) above by the
county average tax rate; and (5) by multiplying the product obtained under clause (4) above by 88.5%.
(c) The ``county average tax rate'' means the total amount of general property taxes
levied within the county by the state, county and all other taxing subdivisions levying such
taxes within such county in the second calendar year before the calendar year in which the
owner's full registration year begins divided by the total assessed tangible valuation of prop-
erty within such county as of November 1 of such second calendar year before the calendar
year in which the owner's full registration year begins as certified by the secretary of revenue,
except that: (1) As of November 1, 1994, such rate shall be computed without regard to
11.429% of the general property taxes levied by school districts pursuant to K.S.A. 72-6431,
and amendments thereto; (2) as of November 1, 1995, such rate shall be computed without
regard to 31.429% of the general property taxes levied by school districts pursuant to K.S.A.
72-6431, and amendments thereto; (3) as of November 1, 1996, such rate shall be computed
without regard to 54.286% of the general property taxes levied by school districts pursuant
to K.S.A. 72-6431, and amendments thereto; (4) as of November 1, 1997, such rate shall
be computed without regard to 70.36% of the general property taxes levied by school dis-
tricts pursuant to K.S.A. 72-6431, and amendments thereto; and (5) as of November 1, 1998,
and such date in all years thereafter, such rate shall be computed without regard to the
general property taxes levied by school districts pursuant to K.S.A. 72-6431, and amend-
ments thereto.
New Sec. 4. An amount equal to 25% of $14,900,000 for fiscal year 1999, and of
$35,300,000 for each fiscal year thereafter, shall be transferred by the director of accounts
and reports from the state general fund on January 1, April 1, July 1, and October 1 of each
year commending on July 1, 1998, in accordance with the following allocation: One-half of
such revenue shall be transferred to the state school district finance fund, 1/4 of such revenue
shall be transferred to the local ad valorem tax reduction fund, and 1/4 of such revenue shall
be transferred to the county and city revenue sharing fund. All transfers made in accordance
with this section shall be considered to be demand transfers from the state general fund
and shall be subject to reduction under K.S.A. 75-6704, and amendments thereto. Amounts
transferred to the state school district finance fund shall be allocated and distributed to
school districts as provided for under the school district finance and quality performance
act. Amounts transferred to the local ad valorem tax reduction fund shall be allocated and
distributed in accordance with the provisions of K.S.A. 79-2959 et seq., and amendments
thereto. Amounts transferred to the county and city revenue sharing fund shall be allocated
and distributed in accordance with the provisions of K.S.A. 79-2964 et seq., and amendments
thereto.'';
By renumbering existing sections accordingly;
On page 56, in line 2, by striking ``79-''; by striking all in lines 3 through 9; in line 10, by
striking all before ``79-3235'' and inserting ``79-1542,''; in line 12, by striking ``and 79-4217''
and inserting ``, 79-4217 and 79-5105'';
In the title, in line 18, by striking ``79-1541a, 79-''; by striking all in line 19; in line 20, by
striking all before ``79-3235'' and inserting ``79-1537, 79-1542,''; in line 22, by striking ``and
79-4217'' and inserting ``, 79-4217 and 79-5105''; in line 24, by striking all after ``K.S.A.'';
by striking all in lines 25 through 29; in line 30, by striking all before the period and inserting
``79-32,117i'';
Roll call was demanded.
On roll call, the vote was: Yeas 49; Nays 73; Present but not voting: 0; Absent or not
voting: 3.
Also, roll call was demanded on motion of Rep. McKechnie to amend SB 500 on page
1, by striking all in lines 33 through 43;
By striking all on pages 2 through 56 and inserting the following:
Section 1. K.S.A. 79-34,147 is hereby amended to read as follows: 79-34,147. (a) On
each January 1, April 1, July 1 and October 1, the secretary of revenue shall certify to the
director of accounts and reports the amount equal to 7.628% of the total revenues received
by the secretary from the taxes imposed under the Kansas retailers' sales tax act and de-
posited in the state treasury and credited to the state general fund during the preceding
three calendar months, except that: (1) For the fiscal year commencing July 1, 1998, the amount so certified shall be equal to 22.208% of such revenues; (2) for the fiscal year com- mencing July 1, 1999, the amount so certified shall be equal to 21.65% of such revenues; (3) for the fiscal year commencing July 1, 2000, the amount so certified shall be equal to 21.11% of such revenues; (4) for the fiscal year commencing July 1, 2001, the amount so certified shall be equal to 20.59% of such revenues; and (5) for the fiscal year commencing July 1, 2002, the amount so certified shall be equal to 20.09% of such revenues.
(b) Upon receipt of each certification under subsection (a), the director of accounts and
reports shall transfer from the state general fund to the state highway fund an amount equal
to the amount so certified, on each January 1, April 1, July 1 and October 1, except that the
amount of the transfer on each such date during state fiscal year 1998 shall not exceed the amount equal to 101.75% of the amount transferred on the same date during state fiscal year 1997. All transfers made pursuant to this section are subject to reduction under K.S.A.
75-6704, and amendments thereto.
(c) All transfers made in accordance with the provisions of this section shall be consid-
ered to be demand transfers from the state general fund.
Sec. 2. K.S.A. 79-34,147 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the
statute book.'';
In the title, in line 17, by striking all after ``ACT''; by striking all in lines 18 through 30
and inserting ``establishing financing for state highway plan projects; amending K.S.A. 79-
34,147 and repealing the existing section.'';
On roll call, the vote was: Yeas 9; Nays 112; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Garner, Lloyd, Packer, Ruff.
The motion of Rep. McKechnie did not prevail.
Also, on further motion of Rep. McKechnie to amend SB 500, the motion did not prevail.
Also, roll call was demanded on motion of Rep. Alldritt to amend SB 500 on page 26,
by striking all in lines 5 through 43;
By striking all on pages 27 and 28;
On page 29, by striking all in lines 1 through 33;
By renumbering existing sections accordingly;
On page 56, in line 12, by striking ``and 79-4217'' and inserting ``and 79-4216 through 79-
4229'';
In the title, in line 22, by striking ``and 79-4217''; in line 30, by striking ``and 79-32,117''
and inserting ``, 79-32,117i and 79-4216 through 79-4229'';
On roll call, the vote was: Yeas 19; Nays 94; Present but not voting: 3; Absent or not
voting: 9.
Present but not voting: Landwehr, P. Long, Neufeld.
Absent or not voting: Campbell, Johnston, Kirk, Lloyd, McKechnie, Nichols, Packer,
Palmer, Ruff.
The motion of Rep. Alldritt did not prevail.
Also, on motion of Rep. McKinney to amend SB 500, Rep. Powell requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane. Rep. McKinney challenged the ruling, the question being ``Shall the Rules Chair
be sustained?'' Roll call was demanded.
On roll call, the vote was: Yeas 77; Nays 45; Present but not voting: 0; Absent or not
voting: 3.
Also, roll call was demanded on motion of Rep. Helgerson to amend SB 500 on page 17,
after line 29, by inserting the following:
``(ix) The amount of any contribution made to an elementary or secondary school to the
extent the same is claimed as the basis for the credit allowed pursuant to section 39.'';
On page 56, after line 1, by inserting two new sections to read as follows:
``New Sec. 39. For all taxable years commencing after December 31, 1997, there shall
be allowed as a credit against the tax liability imposed under the Kansas income tax act upon
an individual who is certificated to instruct and educate students of grades kindergarten
through 12 in an accredited school, whether public or otherwise, an amount, not to exceed
$500, equal to the purchase costs of equipment, materials or other teaching aids for use in
the classroom to assist in the education of the students of such individual. If the amount of
such tax credit exceeds the individual's income tax liability for the appropriate taxable year,
such excess amount shall be refunded.
New Sec. 40. For all taxable years commencing after December 31, 1997, there shall
be allowed as a credit against the tax liability imposed under the Kansas income tax act upon
an individual amounts incurred during the taxable year for education expenses for all de-
pendents of such individual attending an elementary or secondary school which is located
in Kansas which adheres to the provisions of the federal civil rights act of 1964 and the
Kansas act against discrimination, and attendance at which satisfies the requirements of
K.S.A. 72-1111, and amendments thereto. As used in this section: ``Education expenses''
include, but are not limited to, textbooks and other instructional materials and equipment
and computer hardware and software. The amount of such credit shall be 25% of the
amounts paid for education expenses in excess of $250, but shall not exceed $500 expended
for all dependents in any taxable year. If the amount of such tax credit exceeds the indi-
vidual's income tax liability for the appropriate taxable year, such excess amount shall be
refunded.'';
And by renumbering sections accordingly;
On roll call, the vote was: Yeas 48; Nays 70; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Campbell, Johnston, Krehbiel, Lloyd, McKechnie, Palmer, Ruff.
The motion of Rep. Helgerson did not prevail.
Also, on further motion of Rep. Helgerson to amend SB 500, Rep. Powell requested a
ruling on the amendment being germane to the bill. The Rules Chair ruled the amendment
not germane. Rep. Helgerson challenged the ruling, the question being ``Shall the Rules
Chair be sustained?''
The Rules Chair was sustained.
Also, roll call was demanded on motion of Rep. Kirk to amend SB 500 on page 56, after
line 1, by inserting a new section to read as follows:
``New Sec. 39. For all taxable years commencing after December 31, 1997, there shall
be allowed as a credit against the tax liability imposed under the Kansas income tax act upon
an individual who is employed by the state government, an amount, not to exceed $500,
equal to the purchase costs of equipment and materials or parking fees necessary for such
employment. If the amount of such tax credit exceeds the individual's income tax liability
for the appropriate taxable year, such excess amount shall be refunded.'';
By renumbering existing sections accordingly;
On roll call, the vote was: Yeas 2; Nays 115; Present but not voting: 0; Absent or not
voting: 8.
Absent or not voting: Alldritt, Campbell, Krehbiel, Lloyd, Mayans, McKechnie, Ruff,
Spangler.
The motion of Rep. Kirk did not prevail.
Also, on motion of Rep. Reardon to amend SB 500, Rep. Powell requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment not
germane. Rep. Reardon challenged the ruling, the question being ``Shall the Rules Chair
be sustained?''
The Rules Chair was sustained.
Also, roll call was demanded on motion of Rep. Sawyer to amend SB 500 on page 15, in
line 8, by striking all after the second period; in line 9, by striking all before ``tax'' and
inserting ``A''; in line 11, by striking all after ``be''; by striking all in lines 12 through 38 and
inserting ``equal to 26.2% of the amount equal to the product of the federal income tax
liability computed prior to the deduction of allowable credits imposed for the taxable year
of the individual, multiplied by a fraction the numerator of which is such individual's Kansas
adjusted gross income for the taxable year and the denominator of which is such individual's
federal adjusted gross income for the taxable year, but such fraction shall not be greater
than 1.'';
On page 16, in line 10, by striking all after ``in''; after line 11, by inserting:
``(e) The provisions of this section shall be applicable to all taxable years commencing
after December 31, 1997.'';
On page 22, by striking all in lines 25 through 43;
On page 23, by striking all in lines 1 through 32;
By renumbering existing sections accordingly;
On page 56, in line 10, before ``79-32,117'', by inserting ``79-32,116,''; in line 11, by striking
``79-32,119'' and inserting ``79-32,118, 79-32,119, 79-32,120'';
In the title, in line 21, by striking ``79-32,119, 79-32,121,''; in 30, by striking ``and 79-
32,117'' and inserting ``79-32,116, 79-32,117i, 79-32,118, 79-32,119, 79-32,120 and 79-
32,121'';
On roll call, the vote was: Yeas 42; Nays 75; Present but not voting: 0; Absent or not
voting: 8.
Absent or not voting: Campbell, Haley, Johnston, Krehbiel, Lloyd, McKechnie, Ruff,
Wilson.
The motion of Rep. Sawyer did not prevail.
Also, on motion of Rep. Helgerson to amend SB 500, the motion did not prevail. Also,
on further motion of Rep. Helgerson to amend, the motion did not prevail.
Also, on motion of Rep. Hayzlett to amend SB 500, the motion did not prevail and the
bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Health and Human Services recommends HB 2724 be amended
on page 1, following line 13, by inserting the following:
``Section 1. K.S.A. 1997 Supp. 65-1423 is hereby amended to read as follows: 65-1423.
Nothing in this act shall apply to the following practices, acts and operations:
(a) To the practice of a person licensed to practice medicine and surgery under the laws
of this state, unless such person practices dentistry as a specialty; or
(b) to the performance by a licensed nurse of a task as part of the administration of an
anaesthetic for a dental operation under the direct supervision of a licensed dentist or person
licensed to practice medicine and surgery so long as the anaesthetic given under the direct
supervision of a licensed dentist is consistent with the anaesthetic the dentist is authorized
to administer under K.S.A. 65-1444 and amendments thereto and consistent with subsection
(a) of K.S.A. 65-1162 and amendments thereto and subsection (e) of K.S.A. 65-1163 and
amendments thereto;
(c) to the giving by a registered nurse anesthetist of an anaesthetic for a dental operation
in an interdependent role as a member of a physician or dentist directed health care team;
(d) the practice of dentistry in the discharge of their official duties by graduate dentists
or dental surgeons in the United States army, navy, air force, marines, public health service,
coast guard or veterans' bureau;
(e) the practice of dentistry by a licensed dentist of other states or countries at meetings
of the Kansas state dental association or components thereof, or other like dental organi-
zations approved by the board, while appearing as clinicians;
(f) to the filling of prescriptions of a licensed and registered dentist as hereinafter pro-
vided by any person or persons, association, corporation or other entity, for the construction,
reproduction or repair of prosthetic dentures, bridges, plates or appliances to be used or
worn as substitutes for natural teeth, provided that such person or persons, associations,
corporation or other entity, shall not solicit or advertise, directly or indirectly by mail, card,
newspaper, pamphlet, radio or otherwise, to the general public to construct, reproduce or
repair prosthetic dentures, bridges, plates or other appliances to be used or worn as sub-
stitutes for natural teeth;
(g) to the use of roentgen or x-ray machines or other rays for making radiograms or
similar records, of dental or oral tissues under the supervision of a licensed dentist or phy-
sician except that such service shall not be advertised by any name whatever as an aid or
inducement to secure dental patronage, and no person shall advertise that such person has,
leases, owns or operates a roentgen or x-ray machine for the purpose of making dental
radiograms of the human teeth or tissues or the oral cavity, or administering treatment
thereto for any disease thereof;
(h) except as hereinafter limited to the performance of any dental service of any kind
by any person who is not licensed under this act, if such service is performed under the
supervision of a dentist licensed under this act at the office of such licensed dentist except
that such nonlicensed person shall not be allowed to perform or attempt to perform the
following dental operations or services:
(1) Any and all removal of or addition to the hard or soft tissue of the oral cavity;
(2) any and all diagnosis of or prescription for treatment for disease, pain, deformity,
deficiency, injury or physical condition of the human teeth or jaws, or adjacent structure;
(3) any and all correction of malformation of teeth or of the jaws;
(4) any and all administration of general or local anaesthesia of any nature in connection
with a dental operation; or
(5) a prophylaxis, except that individuals who are not licensed but who are operating under the direct supervision of a dentist may remove extraneous deposits, stains and debris from the teeth above the gum line so long as (A) such procedure is not performed on a patient who has undergone local or general anesthesia at the time of the procedure, (B) such non- licensed person has successfully completed necessary training for performing such dental procedure in a course of study approved by the board, which training includes but is not limited to instruction on scaling of the teeth, and has met the experience requirements for performing such procedure as established by the board and (C) such procedure is completed by a dentist or dental hygienist.
(i) As used in this section:
(1) ``Removal of or addition to the hard or soft tissue of the oral cavity'' means: (A) A
surgical or cutting procedure on hard or soft tissues; (B) the grafting of hard or soft tissues;
(C) the final placement or intraoral adjustment of a fixed crown or fixed bridge; and (D)
root planing or the smoothing of roughened root surfaces.
(2) ``Diagnosis of or prescription for treatment for disease, pain, deformity, deficiency,
injury or physical condition of the human teeth or jaws or adjacent structure'' means: (A) A
comprehensive examination; (B) diagnosis and treatment planning; and (C) the prescription
of a drug, medication or work authorization.
(3) ``Correction of malformation of teeth or the jaws'' means surgery, cutting or any
other irreversible procedure.
(4) ``General or local anesthesia of any nature in connection with a dental operation''
means any general anaesthetic and any local anaesthetic whether block or infiltration but
shall not include the administration and monitoring of the analgesic use of nitrous oxide or
oxygen, or both.
The board shall maintain a registry of all persons who have completed the training re- quired by subsection (h)(5)(B), such persons to be known and designated as ``preventive dental assistants.'';
And by renumbering sections accordingly;
On page 3, in line 16, before ``supervision'' by inserting ``direct''; following line 29, by
inserting the following:
``New Sec. 3. The state board of education and the state board of regents shall report
to the legislature on or before January 11, 1999, on plans for increasing the number of
persons in this state being trained as dental hygienists.
New Sec. 4. (a) The Kansas dental board shall develop a wall plaque detailing who in
the dental office is allowed to provide dental services and the services which such persons
may provide. The wall plaque shall be displayed in a conspicuous place for public viewing
in all dental offices. Each person who provides patient services in a dental office shall wear
a name tag which identifies the individual and their appropriate title as specified by the
board.
(b) The Kansas dental board shall develop a brochure which explains in nontechnical
language the qualifications of persons working in a dental office, the services which such
persons are authorized to provide and the training such persons are required to complete.
The brochure shall be distributed to all dentists in this state and shall be available in the
office of each licensed dentist to the patients of the dentists.
(c) This section shall be part of and supplemental to the dental practices act.
Sec. 5. K.S.A. 65-1462 is hereby amended to read as follows: 65-1462. (a) No person
reporting to the Kansas dental board under oath and in good faith any information such
person may have relating to alleged incidents of malpractice or the qualifications, fitness or
character of a person licensed to practice dentistry shall be subject to a civil action for
damages as a result of reporting such information.
(b) Any state, regional or local association of licensed dentists or licensed dental hy- gienists, and the individual members of any committee thereof, which in good faith inves-
tigates or communicates information pertaining to the alleged incidents of malpractice or
the qualifications, fitness or character of any licensee to the Kansas dental board or to any
committee or agent thereof, shall be immune from liability in any civil action, that is based
upon such investigation or transmittal of information if the investigation and communication
was made in good faith and did not represent as true any matter not reasonably believed to
be true.'';
And by renumbering sections accordingly;
Also on page 3, in line 30, after ``K.S.A.'' by inserting ``65-1462 and K.S.A.''; also in line
30, after ``Supp.'' by inserting ``65-1423 and''; also in line 30, by striking ``is'' and inserting
``are'';
On page 1, in the title, in line 10, after ``K.S.A.'' by inserting ``65-1462 and K.S.A.''; also
in line 10, after ``Supp.'' by inserting ``65-1423 and''; in line 11, by striking ``section'' and
inserting ``sections''; and the bill be passed as amended.
The Committee on Transportation recommends SCR 1617 be adopted.
CHANGE OF REFERENCE
Speaker Shallenburger announced the withdrawal of HB 2933 from Committee on Busi-
ness, Commerce and Labor and referral to Committee on Economic Development.