The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 120 members present.
Rep. Lloyd was excused on verified illness.
Reps. Franklin, Haley, McKechnie and O'Neal were excused on excused absence by the
Speaker.
Present later: Reps. Franklin, Haley and O'Neal.
Prayer by Chaplain Washington:
Holy Father,
In Matthew 6:19-34, we see that You are interested in providing us a comfortable
and worry free lifestyle, but in addition we see that You are more concerned with
character than with comfort. In fact You teach us that in our pursuit for quality living,
we should first and foremost seek quality of character.
Lord, as the polished container, designed to serve the empty glass, must first itself
be filled, we stand here before You today. Do a work in us, then work Your work
through us. Help us today to revisit the focus of our efforts. Help us to look inward
before looking outward. As we seek to serve the people of this land in pursuing a
better living, make us a better people. We come in need of Your supply.
I come in the Name of Jesus the Christ. Amen and Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Agriculture: SB 505.
Appropriations: HB 2989; SB 545, 618.
Environment: SB 523.
Financial Institutions: SB 462.
Governmental Organization and Elections: HB 2991; SB 454, 455.
Health and Human Services: HB 2988, 2990; SB 506.
Judiciary: SB 435, 474, 513, 532.
Taxation: HCR 5045, 5046; SB 543.
Transportation: HB 2987.
Utilities: SCR 1616.
COMMUNICATIONS FROM STATE OFFICERS
From Barbara J. Hinton, Legislative Post Auditor, Performance Audit Report, Reviewing
the Activities of the Corporation Commission's Conservation Division: A K-Goal Audit,
February 1998.
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 2730, 2868 appearing on the Consent Calendar; the bills
were placed on the calendar under the heading of General Orders.
No objection was made to HB 2792, 2877; HCR 5029 appearing on the Consent Cal-
endar for the first day.
No objection was made to HB 2799, 2831 appearing on the Consent Calendar for the
second day.
No objection was made to SB 476, 477 appearing on the Consent Calendar for the third
day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SB 476, An act repealing K.S.A. 82a-1369, 82a-1375 and 82a-1376; relating to acquisition
of certain water supply storage capacity, 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: Franklin, Haley, Lloyd, McKechnie, O'Neal.
The bill passed.
SB 477, An act concerning officers and employees of the Kansas water office; amending
K.S.A. 74-2614 and repealing the existing section; also repealing K.S.A. 74-2614a, 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: Franklin, Haley, Lloyd, McKechnie, O'Neal.
The bill passed.
HB 2126, An act concerning limited liability companies; relating to such companies
exercising powers of a professional association or professional corporation; amending K.S.A.
17-7604, 17-7607 and 17-7608 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 117; Nays 3; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Franklin, Haley, Lloyd, McKechnie, O'Neal.
The bill passed, as amended.
HB 2222, An act concerning land surveys and land surveyors; relating to qualifications
and duties of surveyors; amending K.S.A. 58-2003, 58-2005, 58-2011 and 74-7022 and re-
pealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 42; Nays 78; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Franklin, Haley, Lloyd, McKechnie, O'Neal.
The bill did not pass.
HB 2233, An act concerning criminal procedure; relating to costs thereof; amending
K.S.A. 1997 Supp. 12-4112 and 28-172d and repealing the existing sections; also repealing
K.S.A. 1997 Supp. 28-172a, was considered on final action.
On roll call, the vote was: Yeas 115; Nays 5; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Franklin, Haley, Lloyd, McKechnie, O'Neal.
The bill passed, as amended.
HB 2626, An act concerning civil procedure; relating to orders during a divorce; relating
to child custody; amending K.S.A. 60-1607 and K.S.A. 1997 Supp. 60-1610 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Haley, Lloyd, McKechnie, O'Neal.
The bill passed.
HB 2627, An act concerning children; relating to notice of change in child's residence
under the Kansas parentage act; relating to the filing of the petition and the summons in a
child in need of care case; amending K.S.A. 38-1531, 38-1532 and 38-1533 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 0; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Haley, Henry, Lloyd, McKechnie, O'Neal.
The substitute bill passed.
HB 2669, An act concerning the reporting of abuse, neglect or exploitation of certain
persons; amending K.S.A. 39-1409 and repealing the existing section, was considered on
final action.
On roll call, the vote was: Yeas 98; Nays 23; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Haley, Lloyd, McKechnie, O'Neal.
The bill passed.
HB 2711, An act relating to crimes and punishments; concerning determination of of-
fender's criminal history classification; amending K.S.A. 1997 Supp. 21-4711 and repealing
the existing section, was considered on final action.
On roll call, the vote was: Yeas 120; Nays 1; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Haley, Lloyd, McKechnie, O'Neal.
The bill passed.
HB 2726, An act concerning cigarettes and tobacco products; relating to cigarette or
tobacco infractions; penalties therefor; certain records of sales; disposition of amounts re-
ceived pursuant to certain litigation arising from sales and marketing of cigarettes and to-
bacco products; amending K.S.A. 79-3316, 79-3322, 79-3391 and 79-3393 and K.S.A. 1997
Supp. 12-4214, 12-4305, 21-3105, 21-4503a, 22-3404, 22-3409, 22-3412 and 22-3609a and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 115; Nays 6; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Haley, Lloyd, McKechnie, O'Neal.
The bill passed, as amended.
HB 2744, An act concerning crimes and punishment; relating to fleeing or eluding a
police officer; amending K.S.A. 1997 Supp. 8-1568 and repealing the existing section, was
considered on final action.
On roll call, the vote was: Yeas 116; Nays 5; Present but not voting: 0; Absent or not
voting: 4.
Absent or not voting: Haley, Lloyd, McKechnie, O'Neal.
The bill passed, as amended.
HB 2759, An act concerning municipalities; relating to the powers and duties thereof;
amending K.S.A. 12-3904 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 79; Nays 41; Present but not voting: 1; Absent or not
voting: 4.
Absent or not voting: Haley, Lloyd, McKechnie, O'Neal.
The bill passed, as amended.
HB 2820, An act concerning children; relating to the termination of parental rights if
convicted of certain crimes involving certain victims; relating to the placement of a child,
was considered on final action.
On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
HB 2860, An act concerning crimes and punishments; creating the crime of giving a
check drawn against a closed account; prescribing penalties therefor; relating to giving a
worthless check; amending K.S.A. 1997 Supp. 21-3707 and repealing the existing section,
was considered on final action.
On roll call, the vote was: Yeas 112; Nays 10; Present but not voting: 0; Absent or not
voting: 3.
HB 2904, An act relating to contracts for the use or acceptance of debit cards by insti-
tutions under the state board of regents; amending K.S.A. 75-37,100 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 90; Nays 32; Present but not voting: 0; Absent or not
voting: 3.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Edmonds in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Edmonds, Committee of the Whole report, as follows, was adopted:
Recommended that HB 2813, 2782 be passed.
Committee report recommending a substitute bill to Sub. HB 2716 be adopted; also, on
motion of Rep. Packer be amended on page 4, after line 20, by inserting:
``New Sec. 4. Before causing any public access, boating facilities, ramps or docks to be
built on the Kansas river within or adjacent to any drainage district bounding the Kansas
river, the secretary of wildlife and parks must obtain written approval of the proposed project
from such district or the owner of the property affected by the location of such public
access, boating facilities, ramps or docks.'';
By renumbering the remaining sections accordingly;
In the title, in line 9, after ``concerning'' by inserting ``water vessels;''; also in line 9, before
``amending'' by inserting ``relating to certain improvements on the Kansas river;'';
Also, on motion of Rep. Powers to amend Sub. HB 2716, the motion did not prevail.
Also, on motion to recommend Sub. HB 2716 favorably for passage, the motion did not
prevail.
Committee report to HB 2625 be adopted; also, on motion of Rep. Howell to amend,
the motion was withdrawn. Also, on motion to recommend the bill favorably for passage,
the motion did not prevail.
Committee report to HB 2899 be adopted and the bill be passed as amended.
Committee report to HB 2689 be adopted and the bill be passed as amended.
Committee report to HB 2678 be adopted; also, on motion of Rep. Kuether be amended
on page 10, following line 27, by inserting the following:
``Sec. 6. K.S.A. 1997 Supp. 8-1,146 is hereby amended to read as follows: 8-1,146. (a) On and after January 1, 1998, Any owner of one or more passenger vehicles or trucks of a
gross weight of 12,000 pounds or less, who is a resident of the state of Kansas, and who
submits satisfactory proof to the director of vehicles, in accordance with rules and regulations
adopted by the secretary of revenue, that such person has proof of having served and is
designated as a veteran, and has had an honorable discharge from the United States army,
navy, air force, marine corps or, coast guard or merchant marines, upon compliance with
the provisions of this section, may be issued one distinctive license plate for each such
passenger vehicle or truck designating such person as an United States military veteran.
Such license plates shall be issued for the same period of time as other license plates upon
proper registration and payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto.
(b) Any person who is a veteran of the United States army, navy, air force, marine corps or, coast guard or merchant marines may make application for such distinctive license plates,
not less than 60 days prior to such person's renewal of registration date, on a form prescribed
and furnished by the director of vehicles, and any applicant for the distinctive license plates
shall furnish the director with proof as the director shall require that the applicant is a
veteran of the United States army, navy, air force, marine corps or, coast guard or merchant marines. Application for the registration of a passenger vehicle or truck and issuance of the
license plates under this section shall be made by the owner in a manner prescribed by the
director of vehicles upon forms furnished by the director.
(c) No registration of distinctive license plates issued under the authority of this section
shall be transferable to any other person.
(d) Renewals of registration under this section shall be made annually, upon payment
of the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A.
8-132, and amendments thereto. No renewal of registration shall be made to any applicant
until such applicant has filed with the director a form as provided in subsection (b). If such
form is not filed, the applicant shall be required to comply with K.S.A. 8-143, and amend-
ments thereto, and return the distinctive license plates to the county treasurer of such
person's residence.'';
And by renumbering sections accordingly;
Also on page 10, in line 28, by striking ``and'' where it appears for the last time and
inserting a comma; in line 29, preceding ``are'' by inserting ``and 8-1,146'';
In the title, in line 10, by striking ``possession of''; in line 13, by striking ``and 8-142'' and
inserting ``, 8-142 and 8-1,146''; and HB 2678 be passed as amended.
Committee report to HB 2803 be adopted and the bill be passed as amended.
Committee report to HB 2894 be adopted; also, on motion of Rep. Wilk to amend, the
motion did not prevail and the bill be passed as amended.
HB 2745 be passed over and retain a place on the calendar.
Committee report to HB 2742 be adopted and the bill be passed as amended.
Committee report to HB 2902 be adopted and the bill be passed as amended.
Committee report to HB 2685 be adopted and the bill be passed as amended.
Committee report to HB 2837 be adopted and the bill be passed as amended.
Committee report recommending a substitute bill to Sub. HB 2609 be adopted; also,
roll call was demanded on motion of Rep. Larkin to amend on page 12, in line 6, by striking
``60'' and inserting ``40'';
On roll call, the vote was: Yeas 77; Nays 42; Present but not voting: 1; Absent or not
voting: 5.
Absent or not voting: Adkins, Kejr, Lloyd, McKechnie, O'Neal.
The motion of Rep. Larkin prevailed and Sub. HB 2609 be passed as amended.
Committee report to HB 2933 be adopted and the bill be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Education recommends HB 2147 be amended on page 1, in line
16, by striking ``1996'' and inserting ``1997''; in line 25, by striking ``prior to'' and inserting
``that includes''; in line 27, by striking ``on or before the''; in line 28, by striking all before
the period and inserting ``not later than 90 days after commencement of the teacher's use
of family and medical leave benefits''; also in line 28, after the period, by inserting ``Written
notice of intention to terminate a contract may not be served by a board upon a teacher
during any period of time in which the teacher is using family and medical leave benefits.'';
Also on page 1, in line 37, by striking ``1996'' and inserting ``1997'';
On page 2, in line 9, by striking ``prior to'' and inserting ``that includes''; in line 10, by
striking ``on''; in line 11, by striking all before the period and inserting ``not later than 90
days after commencement of the teacher's use of family and medical leave benefits''; in line
19, by striking ``1996'' and inserting ``1997''; in line 25, by striking ``prior to'' and inserting
``that includes''; in line 27, by striking ``on or before the''; in line 28, by striking all before
the period and inserting ``not later than 90 days after commencement of the administrator's
use of family and medical leave benefits''; also in line 28, after the period, by inserting
``Written notice of intention to not renew a contract of employment may not be served by
a board upon an administrator during any period of time in which the administrator is using
family and medical leave benefits.'';
Also on page 2, in line 33, by striking ``1996'' and inserting ``1997'';
In the title, in line 12, by striking ``1996'' and inserting ``1997''; and the bill be passed as
amended.
The Committee on Judiciary recommends HB 2867 be passed.
The Committee on Judiciary recommends HB 2367 be amended on page 1, by striking
all in lines 35 through 36;
And by renumbering remaining subsections accordingly;
Also on page 1, in line 40, by striking ``.5 gram'' and inserting ``100 dosage units'';
On page 2, in line 17, by striking ``When'' and inserting ``Except as provided further,
when''; in line 20, after the period by inserting ``Any reduction in sentence may only be
given if the prosecutor certifies to the court that the defendant has provided substantial
assistance to the state.''; in line 26, before ``grid'' by inserting ``drug''; in line 36, by striking
``1997'' and inserting ``1998''; by striking all in lines 37 through 41;
By striking all on pages 3 through 11;
On page 12, by striking all in lines 1 through 29; following line 29, by inserting the
following:
``Sec. 3. K.S.A. 1997 Supp. 21-4705 is hereby amended to read as follows: 21-4705. (a)
For the purpose of sentencing, the following sentencing guidelines grid for drug crimes shall
be applied in felony cases under the uniform controlled substances act for crimes committed
on or after July 1, 1993:
(b) The provisions of subsection (a) will apply for the purpose of sentencing violations
of the uniform controlled substances act except as otherwise provided by law. Sentences
expressed in the sentencing guidelines grid for drug crimes in subsection (a) represent
months of imprisonment.
(c) (1) The sentencing court has discretion to sentence at any place within the sen-
tencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure. The sentencing court shall not distinguish between the controlled
substances cocaine base (9041L000) and cocaine hydrochloride (9041L005) when sentenc-
ing within the sentencing range of the grid block.
(2) In presumptive imprisonment cases, the sentencing court shall pronounce the com-
plete sentence which shall include the prison sentence, the maximum potential reduction
to such sentence as a result of good time and the period of postrelease supervision at the
sentencing hearing. Failure to pronounce the period of postrelease supervision shall not
negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.
(d) Each grid block states the presumptive sentencing range for an offender whose
crime of conviction and criminal history place places such offender in that grid block. If an
offense is classified in a grid block below the dispositional line, the presumptive disposition
shall be nonimprisonment. If an offense is classified in a grid block above the dispositional
line, the presumptive disposition shall be imprisonment. If an offense is classified in grid
blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F, the court may impose an optional nonprison
sentence upon making the following findings on the record:
(1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and
(2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or
(3) the nonprison sanction will serve community safety interests by promoting offender
reformation.
Any decision made by the court regarding the imposition of an optional nonprison sen-
tence if the offense is classified in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F shall not
be considered a departure and shall not be subject to appeal.
(e) The sentence for a violation of subsection (e) of K.S.A. 65-4159, subsection (g) of K.S.A. 1997 Supp. 65-4161 and subsection (e) of K.S.A. 1997 Supp. 65-4163, and amend- ments thereto, shall be as provided by the specific mandatory sentencing requirements of that section and shall not be subject to the provisions of this section or K.S.A 21-4708, and amendments thereto.
Sec. 4. K.S.A. 1997 Supp. 22-3717 is hereby amended to read as follows: 22-3717. (a)
Except as otherwise provided by this section, K.S.A. 1993 Supp. 21-4628 prior to its repeal and, K.S.A. 21-4635 through 21-4638 and section 2 and amendments thereto, an inmate,
including an inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall
be eligible for parole after serving the entire minimum sentence imposed by the court, less
good time credits.
(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and amendments
thereto, an inmate sentenced to imprisonment for the crime of capital murder, or an inmate
sentenced for the crime of murder in the first degree based upon a finding of premeditated
murder, committed on or after July 1, 1994, shall be eligible for parole after serving 25 years
of confinement, without deduction of any good time credits.
(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior
to its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate
sentenced to imprisonment for an off-grid offense committed on or after July 1, 1993, shall
be eligible for parole after serving 15 years of confinement, without deduction of any good
time credits.
(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate
sentenced for a class A felony committed before July 1, 1993, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after serving
15 years of confinement, without deduction of any good time credits.
(4) An inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A. 21-
3402 and amendments thereto committed on or after July 1, 1996, shall be eligible for
parole after serving 10 years of confinement without deduction of any good time credits.
(c) Except as provided in subsection (e), if an inmate is sentenced to imprisonment for
more than one crime and the sentences run consecutively, the inmate shall be eligible for
parole after serving the total of:
(1) The aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and
amendments thereto, less good time credits for those crimes which are not class A felonies;
and
(2) an additional 15 years, without deduction of good time credits, for each crime which
is a class A felony.
(d) (1) Persons sentenced for crimes, other than off-grid crimes, committed on or after
July 1, 1993, will not be eligible for parole, but will be released to a mandatory period of
postrelease supervision upon completion of the prison portion of their sentence as follows:
(A) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug
severity level 1 through 6 crimes and drug severity levels 1 through 3 crimes must serve 36
months, plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and
amendments thereto, on postrelease supervision.
(B) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug
severity level 7 through 10 crimes and drug severity level 4 crimes must serve 24 months,
plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and amend-
ments thereto, on postrelease supervision.
(C) (i) The sentencing judge shall impose the postrelease supervision period provided
in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge finds substantial and compelling
reasons to impose a departure based upon a finding that the current crime of conviction
was sexually violent or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease supervision period,
the judge shall state on the record at the time of sentencing the substantial and compelling
reasons for the departure. Departures in this section are subject to appeal pursuant to K.S.A.
21-4721 and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist, the court shall
consider:
(a) Written briefs or oral arguments submitted by either the defendant or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any psychological evalu-
ation as ordered by the court pursuant to subsection (e) of K.S.A. 21-4714 and amendments
thereto; and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation be prepared and
the recommended programming be completed by the offender. The department of correc-
tions or the parole board shall ensure that court ordered sex offender treatment be carried
out.
(v) In carrying out the provisions of subparagraph (d)(1)(C), the court shall refer to
K.S.A. 21-4718 and amendments thereto.
(vi) Upon petition, the parole board may provide for early discharge from the post-
release supervision period upon completion of court ordered programs and completion of
the presumptive postrelease supervision period, as determined by the crime of conviction,
pursuant to subparagraph (d)(1)(A) or (B). Early discharge from postrelease supervision is
at the discretion of the parole board.
(vii) Persons convicted of crimes deemed sexually violent or sexually motivated, shall
be registered according to the habitual sex offender registration act, K.S.A. 22-4901 through
22-4910 and amendments thereto.
(D) The period of postrelease supervision provided in subparagraphs (A) and (B) may
be reduced by up to 12 months based on the offender's compliance with conditions of
supervision and overall performance while on postrelease supervision. The reduction in the
supervision period shall be on an earned basis pursuant to rules and regulations adopted by
the secretary of corrections.
(E) In cases where sentences for crimes from more than one severity level have been
imposed, the highest severity level offense will dictate the period of postrelease supervision.
Supervision periods will not aggregate.
(2) As used in this section, ``sexually violent crime'' means:
(A) Rape, K.S.A. 21-3502, and amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments
thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J) any conviction for a felony offense in effect at any time prior to the effective date
of this act, that is comparable to a sexually violent crime as defined in subparagraphs (A)
through (I), or any federal or other state conviction for a felony offense that under the laws
of this state would be a sexually violent crime as defined in this section;
(K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302, and 21-3303, and amendments thereto, of a sexually violent crime as defined in this
section; or
(L) any act which at the time of sentencing for the offense has been determined beyond
a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually
motivated'' means that one of the purposes for which the defendant committed the crime
was for the purpose of the defendant's sexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed while on parole
or conditional release, the inmate shall be eligible for parole as provided by subsection (c),
except that the Kansas parole board may postpone the inmate's parole eligibility date by
assessing a penalty not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other than conviction
of a crime.
(f) If a person is sentenced to prison for a crime committed on or after July 1, 1993,
while on probation, parole, conditional release or in a community corrections program, for
a crime committed prior to July 1, 1993, and the person is not eligible for retroactive
application of the sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, the new sentence shall not be aggregated with the old
sentence, but shall begin when the person is paroled or reaches the conditional release date
on the old sentence. If the offender was past the offender's conditional release date at the
time the new offense was committed, the new sentence shall not be aggregated with the
old sentence but shall begin when the person is ordered released by the Kansas parole board
or reaches the maximum sentence expiration date on the old sentence, whichever is earlier.
The new sentence shall then be served as otherwise provided by law. The period of post-
release supervision shall be based on the new sentence, except that those offenders whose
old sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp. 21-
4628 prior to its repeal, or an indeterminate sentence with a maximum term of life impris-
onment, for which there is no conditional release or maximum sentence expiration date,
shall remain on postrelease supervision for life or until discharged from supervision by the
Kansas parole board.
(g) Subject to the provisions of this section, the Kansas parole board may release on
parole those persons confined in institutions who are eligible for parole when: (1) The board
believes that the inmate should be released for hospitalization, for deportation or to answer
the warrant or other process of a court and is of the opinion that there is reasonable prob-
ability that the inmate can be released without detriment to the community or to the inmate;
or (2) the secretary of corrections has reported to the board in writing that the inmate has
satisfactorily completed the programs required by any agreement entered under K.S.A.
75-5210a and amendments thereto, or any revision of such agreement, and the board be-
lieves that the inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate can be released
without detriment to the community or to the inmate. Parole shall not be granted as an
award of clemency and shall not be considered a reduction of sentence or a pardon.
(h) The Kansas parole board shall hold a parole hearing at least the month prior to the
month an inmate will be eligible for parole under subsections (a), (b) and (c). At least the
month preceding the parole hearing, the county or district attorney of the county where the
inmate was convicted shall give written notice of the time and place of the public comment
sessions for the inmate to any victim of the inmate's crime who is alive and whose address
is known to the county or district attorney or, if the victim is deceased, to the victim's family
if the family's address is known to the county or district attorney. Except as otherwise
provided, failure to notify pursuant to this section shall not be a reason to postpone a parole
hearing. In the case of any inmate convicted of a class A felony the secretary of corrections
shall give written notice of the time and place of the public comment session for such inmate
at least one month preceding the public comment session to any victim of such inmate's
crime or the victim's family pursuant to K.S.A. 74-7338 and amendments thereto. If noti-
fication is not given to such victim or such victim's family in the case of any inmate convicted
of a class A felony, the board shall postpone a decision on parole of the inmate to a time at
least 30 days after notification is given as provided in this section. Nothing in this section
shall create a cause of action against the state or an employee of the state acting within the
scope of the employee's employment as a result of the failure to notify pursuant to this
section. If granted parole, the inmate may be released on parole on the date specified by
the board, but not earlier than the date the inmate is eligible for parole under subsections
(a), (b) and (c). At each parole hearing and, if parole is not granted, at such intervals there-
after as it determines appropriate, the Kansas parole board shall consider: (1) Whether the
inmate has satisfactorily completed the programs required by any agreement entered under
K.S.A. 75-5210a and amendments thereto, or any revision of such agreement; and (2) all
pertinent information regarding such inmate, including, but not limited to, the circum-
stances of the offense of the inmate; the presentence report; the previous social history and
criminal record of the inmate; the conduct, employment, and attitude of the inmate in
prison; the reports of such physical and mental examinations as have been made; comments
of the victim and the victim's family; comments of the public; official comments; and capacity
of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed after July 1, 1993,
the parole board will review the inmates proposed release plan. The board may schedule a
hearing if they desire. The board may impose any condition they deem necessary to insure ensure public safety, aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and amendments
thereto. The board may not advance or delay an inmate's release date. Every inmate while
on postrelease supervision shall remain in the legal custody of the secretary of corrections
and is subject to the orders of the secretary.
(j) Before ordering the parole of any inmate, the Kansas parole board shall have the
inmate appear before either in person or via a video conferencing format and shall interview
the inmate unless impractical because of the inmate's physical or mental condition or ab-
sence from the institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary. Whenever the
Kansas parole board formally considers placing an inmate on parole and no agreement has
been entered into with the inmate under K.S.A. 75-5210a and amendments thereto, the
board shall notify the inmate in writing of the reasons for not granting parole. If an agree-
ment has been entered under K.S.A. 75-5210a and amendments thereto and the inmate has
not satisfactorily completed the programs specified in the agreement, or any revision of such
agreement, the board shall notify the inmate in writing of the specific programs the inmate
must satisfactorily complete before parole will be granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board shall grant parole
upon the secretary's certification that the inmate has successfully completed such programs.
If an agreement has been entered under K.S.A. 75-5210a and amendments thereto and the
secretary of corrections has reported to the board in writing that the inmate has satisfactorily
completed the programs required by such agreement, or any revision thereof, the board
shall not require further program participation. However, if the board determines that other
pertinent information regarding the inmate warrants the inmate's not being released on
parole, the board shall state in writing the reasons for not granting the parole. If parole is
denied for an inmate sentenced for a crime other than a class A or class B felony or an
off-grid felony, the board shall hold another parole hearing for the inmate not later than
one year after the denial unless the parole board finds that it is not reasonable to expect
that parole would be granted at a hearing if held in the next three years or during the interim
period of a deferral. In such case, the parole board may defer subsequent parole hearings
for up to three years but any such deferral by the board shall require the board to state the
basis for its findings. If parole is denied for an inmate sentenced for a class A or class B
felony or an off-grid felony, the board shall hold another parole hearing for the inmate not
later than three years after the denial unless the parole board finds that it is not reasonable
to expect that parole would be granted at a hearing if held in the next 10 years or during
the interim period of a deferral. In such case, the parole board may defer subsequent parole
hearings for up to 10 years but any such deferral shall require the board to state the basis
for its findings.
(k) Parolees and persons on postrelease supervision shall be assigned, upon release, to
the appropriate level of supervision pursuant to the criteria established by the secretary of
corrections.
(l) The Kansas parole board shall adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amendments thereto, not inconsistent with the law and as it may deem deems proper or necessary, with respect to the conduct of parole hearings, postrelease
supervision reviews, revocation hearings, orders of restitution, reimbursement of expendi-
tures by the state board of indigents' defense services and other conditions to be imposed
upon parolees or releasees. Whenever an order for parole or postrelease supervision is issued
it shall recite the conditions thereof.
(m) Whenever the Kansas parole board orders the parole of an inmate or establishes
conditions for an inmate placed on postrelease supervision, the board:
(1) Unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order as a condition of parole or postrelease supervision that the parolee
or the person on postrelease supervision pay any transportation expenses resulting from
returning the parolee or the person on postrelease supervision to this state to answer criminal
charges or a warrant for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease supervision;
(2) to the extent practicable, shall order as a condition of parole or postrelease super-
vision that the parolee or the person on postrelease supervision make makes progress to- wards toward or successfully complete completes the equivalent of a secondary education
if the inmate has not previously completed such educational equivalent and is capable of
doing so;
(3) may order that the parolee or person on postrelease supervision perform community
or public service work for local governmental agencies, private corporations organized
not-for-profit or charitable or social service organizations performing services for the com-
munity;
(4) may order the parolee or person on postrelease supervision to pay the administrative
fee imposed pursuant to K.S.A. 1997 Supp. 22-4529 unless the board finds compelling
circumstances which would render payment unworkable; and
(5) unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order that the parolee or person on postrelease supervision reimburse the
state for all or part of the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of the financial re-
sources of the person and the nature of the burden that the payment of such sum will
impose. Such amount shall not exceed the amount claimed by appointed counsel on the
payment voucher for indigents' defense services or the amount prescribed by the board of
indigents' defense services reimbursement tables as provided in K.S.A. 22-4522 and amend-
ments thereto, whichever is less, minus any previous payments for such services.
(n) If the court which sentenced an inmate specified at the time of sentencing the
amount and the recipient of any restitution ordered as a condition of parole or postrelease
supervision, the Kansas parole board shall order as a condition of parole or postrelease
supervision that the inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would render a plan of resti-
tution unworkable.
(o) Whenever the Kansas parole board grants the parole of an inmate, the board, within
10 days of the date of the decision to grant parole, shall give written notice of the decision
to the county or district attorney of the county where the inmate was sentenced.
(p) When an inmate is to be released on postrelease supervision, the secretary, within
30 days prior to release, shall provide the county or district attorney of the county where
the inmate was sentenced written notice of the release date.
(q) Inmates shall be released on postrelease supervision upon the termination of the
prison portion of their sentence. Time served while on postrelease supervision will vest.
(r) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725
and amendments thereto may receive meritorious good time credits in increments of not
more than 90 days per meritorious act. These credits may be awarded by the secretary of
corrections when an inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing injury or death to a
person, preventing the destruction of property or taking actions which result in a financial
savings to the state.'';
Also on page 12, in line 30, by striking ``1996'' and inserting ``1997'';
On page 13, in line 23, by striking ``1996'' and inserting ``1997'';
On page 14, in line 28, by striking ``1996'' and inserting ``1997'';
On page 15, in line 37, by striking ``1996'' and inserting ``1997'';
In the title, on page 1, in line 15, by striking ``1996'' and inserting ``1997''; and the bill be
passed as amended.
The Committee on Judiciary recommends HB 2789 be amended on page 1, in line 21,
by striking ``served'' and inserting ``seized''; and the bill be passed as amended.
The Committee on Judiciary recommends HB 2816 be amended on page 11, in line
14, before the period by inserting ``but such retroactivity shall not exceed three months'';
On page 26, in line 17, before the period by inserting ``but such retroactivity shall not
exceed three months'';
On page 28, in line 19, before ``The'' by inserting ``(i)''; following line 39, by inserting the
following:
``(ii) If the parents have joint shared custody of a child pursuant to an agreement or a
court order and one parent is moving from the geographical area, the parents shall agree
to a new residency arrangement. If the parents cannot agree, the court shall presume that
the child will remain with the parent who is not moving. This presumption may be rebutted
based on the best interest of the child. As used in this paragraph, ``geographical area'' means
an area which is 35 miles from the town or city which the parents currently reside.''; and
the bill be passed as amended.
The Committee on Judiciary recommends HB 2854 be amended on page 1, in line 16,
by striking ``(1)''; in line 18, by striking ``; or (2)'' and inserting ``and''; in line 20, by striking
``; or (3)'' and inserting ``. Extrinsic evidence of authenticity as a condition precedent to
admissibility is not required if (1)''; in line 21, after ``within'' by inserting ``this state''; also
in line 21, by striking all after ``state''; in line 22, by striking all before ``and''; in line 25, by
striking ``or (4) if'' and inserting ``(2)''; also in line 25, after ``office'' by inserting ``in which
the record is kept is within the United States or territory or insular possession subject to
the dominion of the United States and the writing is attested to as required in clause (1)
and authenticated by seal of the office having custody or, if that office has no seal, a public
officer having a seal and having official duties in the district or political subdivision in which
the records are kept certifies under seal that such officer has custody; or (3) the office in
which the record is kept is in a foreign state or country, the writing is attested as required
in clause (1) and is accompanied by a certificate that such officer has the custody of the
record''; and the bill be passed as amended.
On motion of Rep. Jennison, the House recessed until 3:30 p.m.
February 25, 1998
______
Afternoon Session
The House met pursuant to recess with Speaker Shallenburger in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 2992, An act authorizing the state board of regents to sell and convey certain real
estate located in Douglas county, Kansas, by Committee on Appropriations.
HB 2993, An act concerning the state corporation commission; repealing certain statutes
relating to regulation of railroads and motor carriers; amending K.S.A. 12-1633, 12-1634,
14-434 and 15-438 and K.S.A. 1997 Supp. 66-1a01 and repealing the existing section; also
repealing K.S.A. 66-147, 66-164, 66-165, 66-169, 66-170, 66-171, 66-172, 66-1,136, 66-
1,137, 66-217, 66-218, 66-219, 66-220, 66-221, 66-222, 66-223, 66-242, 66-243, 66-250, 66-
251, 66-252, 66-253, 66-254, 66-255, 66-256, 66-257, 66-258, 66-259, 66-260, 66-261, 66-
262, 66-263, 66-264, 66-265, 66-266, 66-267, 66-268, 66-269, 66-270, 66-271, 66-272,
66-275, 66-279, 66-280, 66-281, 66-282, 66-283, 66-284, 66-2,114, 66-2,115, 66-2,116, 66-
2,117, 66-2,118, 66-312, 66-313, 66-314, 66-315, 66-317, 66-318, 66-321, 66-322, 66-323,
66-324, 66-325, 66-326, 66-401, 66-402, 66-403, 66-404, 66-405, 66-406, 66-407, 66-408,
66-409, 66-501a, 66-501b, 66-502, 66-503, 66-504, 66-505, 66-506, 66-507, 66-508, 66-509,
66-510, 66-511, 66-512, 66-513, 66-514, 66-515, 66-516, 66-517, 66-518, 66-519, 66-520,
66-601, 66-602, 66-701, 66-702, 66-703, 66-704, 66-705, 66-706, 66-707, 66-708, 66-709,
66-710, 66-711 and 66-712, by Committee on Appropriations.
HB 2994, An act relating to the taxation of cigarettes; increasing the rate thereof; pro-
viding for disposition of revenues; establishing the children's health care programs fund;
amending K.S.A. 79-3310 and 79-3311 and repealing the existing sections, by Committee
on Appropriations.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
O'Neal in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. O'Neal, Committee of the Whole report, as follows, was adopted:
Recommended that, having voted on the prevailing side, Rep. Powers moved, pursuant
to House Rule 2303, that the action in the adoption of the Committee of the Whole report
(see morning session) on Sub. HB 2716 be reconsidered. The motion prevailed. The ques-
tion then reverted back to the motion to recommend the bill favorably for passage. The
motion did not prevail.
Committee report to HB 2925 be adopted; also, on motion of Rep. Packer be amended
on page 2, after line 7, by inserting:
``Sec. 3. Before causing any public access, boating facilities, ramps or docks to be built
on the Kansas river within or adjacent to any drainage district bounding the Kansas river,
the secretary of wildlife and parks shall obtain written approval of the proposed project from
such district or from the owner of the property affected by the location of such public
access, boating facilities, ramps or docks.'';
By renumbering the remaining sections accordingly;
In the title, in line 12, before the period, by inserting ``; relating to certain improvements
on the Kansas river''; and HB 2925 be passed as amended.
Committee report to HB 2907 be adopted; also, on motion of Rep. McCreary to amend,
Rep. Stone requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment not germane.
Also, on motion of Rep. Crow to amend HB 2907, Rep. Compton 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. Crow and the bill be amended on
page 1, following line 36, by inserting a new section as follows:
``Sec. 2. K.S.A. 72-9609 is hereby amended to read as follows: 72-9609. There is hereby
established in every school district a fund which shall be called the inservice education fund,
which fund shall consist of all moneys deposited therein or transferred thereto according to
law. All moneys received by the school district from whatever source for inservice education
programs established under this act shall be credited to the fund established by this section.
The expenses of a school district directly attributable to inservice education programs shall
be paid from the inservice education fund. Direct payment to certificated personnel for attending staff development programs or activities conducted during noncontractual time of such personnel shall be an allowable expense to be paid from the inservice education fund.'';
By renumbering sections 2 and 3 as sections 3 and 4, respectively;
Also on page 1, in line 37, after ``K.S.A.'', by inserting ``72-9609 and K.S.A.''; also in line
37, by striking ``is'' and inserting ``are'';
In the title, in line 13, after the semicolon, by inserting ``authorizing certain payments to
certificated personnel to be made from inservice education funds;''; also in line 13, after
``K.S.A.'', by inserting ``72-9609 and K.S.A.''; in line 14, by striking ``section'' and inserting
``sections'';
Also, on motion of Rep. Mason to amend HB 2907, the motion did not prevail and the
bill be passed as amended.
Committee report recommending a substitute bill to H. Sub. for Sub. HB 2649 be
adopted; also, on motion of Rep. Helgerson to amend, the motion did not prevail. Also, on
further motion of Rep. Helgerson to amend, the motion did not prevail.
Also, roll call was demanded on motion of Rep. Aurand to amend H. Sub. for Sub. HB 2649 on page 1, by striking all of lines 17 through 43;
By striking all of page 2;
On page 3, by striking all of lines 1 through 5 and inserting:
``Section 1. K.S.A. 50-636 is hereby amended to read as follows: 50-636. (a) The com-
mission of any act or practice declared to be a violation of this act shall render the violator
liable to the aggrieved consumer, or the state or a county as provided in subsection (c), for
the payment of a civil penalty, recoverable in an individual action, including an action
brought by the attorney general or county attorney or district attorney, in a sum set by the
court of: (1) Not less than $10,000 nor more than $40,000 for each violation involving a change in a consumer's primary long distance carrier or local exchange carrier without the consumer's authorization; and (2) not more than $5,000 for each other violation. An ag-
grieved consumer is not a required party in actions brought by the attorney general or a
county or district attorney pursuant to this section.
(b) Any supplier who willfully violates the terms of any court order issued pursuant to
this act shall forfeit and pay a civil penalty of not more than $10,000 per violation, in addition
to other penalties that may be imposed by the court, as the court shall deem necessary and
proper. For the purposes of this section, the district court issuing an order shall retain
jurisdiction, and in such cases, the attorney general, acting in the name of the state, or the
appropriate county attorney or district attorney may petition for recovery of civil penalties.
(c) In administering and pursuing actions under this act, the attorney general and the
county attorney or district attorney are authorized to sue for and collect reasonable expenses
and investigation fees as determined by the court. Civil penalties or contempt penalties sued
for and recovered by the attorney general shall be paid into the general fund of the state.
Civil penalties and contempt penalties sued for and recovered by the county attorney or
district attorney shall be paid into the general fund of the county where the proceedings
were instigated.
(d) Any act or practice declared to be a violation of this act not identified to be in
connection with a specific identifiable consumer transaction but which is continuing in
nature shall be deemed a separate violation each day such act or practice exists.
Sec. 2. K.S.A. 50-636 is hereby repealed.'';
By renumbering section 2 as section 3;
In the title, in line 11, by striking all after ``ACT''; by striking all of lines 12 and 13; in
line 14, by striking all before the period and inserting ``amending the Kansas consumer
protection act; relating to civil penalties for certain violations; amending K.S.A. 50-636 and
repealing the existing section'';
On roll call, the vote was: Yeas 49; Nays 62; Present but not voting: 0; Absent or not
voting: 14.
Absent or not voting: Adkins, Dean, Edmonds, Farmer, Kejr, Krehbiel, Lloyd, Mayans,
McKechnie, Nichols, Pauls, E. Peterson, Weber, Wilk.
The motion of Rep. Aurand did not prevail, and H. Sub. for Sub. HB 2649 be passed.
Committee report recommending a substitute bill to Sub. HB 2654 be adopted; also, on
motion of Rep. Powell be amended on page 1, in line 28, by striking ``reasonably should
have known`` and inserting ``acted with reckless disregard as to whether''; and the bill be
passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2970; SB 300 be passed and,
because the committee is of the opinion that the bills are of a noncontroversial nature, be
placed on the consent calendar.
The Committee on Governmental Organization and Elections recommends HB 2662 be amended by substituting a new bill to be designated as ``Substitute for HOUSE
BILL No. 2662,'' as follows:
``Substitute for HOUSE BILL No. 2662
By Committee on Governmental Organization and Elections
4119e, 25-4147, 25-4150, 25-4156, 25-4169a, 25-4173, 25-4175, 25-4180, 46-246a, 46-
253, 46-280, 46-288, 75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f, 25-4143,
25-4145, 25-4146, 25-4148, 25-4152, 25-4157a, 25-4181, 25-4186, 46-237 and 46-265
and repealing the existing sections.''; and the substitute bill be passed.
(Sub. HB 2662 was thereupon introduced and read by title.)
The Committee on Insurance recommends HB 2692 be amended on page 2, in line 8,
after ``2.'', by inserting ``(a)''; in line 14, after ``disclosed'', by inserting ``in writing''; in line
15, before the period, by inserting ``, the nature of the financial interest and a written
estimate of the charge or range of charges generally made by the title insurer or agent for
the title services. Such disclosure shall include language stating that the consumer is not
obligated to use the title insurer or agent in which the referring producer or associate has
a financial interest and shall include the names and telephone numbers of not less than
three other title insurers or agents which operate in the county in which the property is
located. If fewer than three insurers or agents operate in that county, the disclosure shall
include all title insurers or agents operating in that county. Such written disclosure shall be
signed by the person so referred and must have occurred prior to any commitment having
been made to such title insurer or agent''; in line 16, by striking ``New Sec. 3. (a)'' and
inserting ``(b)''; after line 21, by inserting a subsection as follows:
``(c) No title insurer or title agent may accept any title insurance order or issue a title
insurance policy to any person it knows or has reason to believe that the name of the title
company was pre-printed in the sales contract, prior to the buyer or seller selecting that
title company.'';
Also on page 2, by striking lines 22 through 28; by relettering the subsections accordingly;
after line 40, by inserting new material as follows:
``(e) Any producer of title business or associate of such producer who violates the pro-
visions of this section, or any title insurer or title agent who accepts an order for title
insurance knowing that it is in violation of this section, in addition to any other action which
may be taken by the commissioner of insurance, shall be subject to a fine by the commis-
sioner in an amount equal to five times the premium for the title insurance and, if licensed
pursuant to K.S.A. 58-3034, et seq., and amendments thereto, shall be deemed to have
committed a prohibited act pursuant to K.S.A. 58-3602, and amendments thereto, and shall
be liable to the purchaser of such title insurance in an amount equal to the premium for
the title insurance.
New Sec. 3. Any title insurer or title agent that is a competitor of any title insurer or
title agent that, subsequent to the effective date of this act, has violated or is violating the
provisions of this act, shall have a cause of action against such title insurer or title agent
and, upon establishing the existence of a violation of any such provision, shall be entitled,
in addition to any other damages or remedies provided by law, to such equitable or injunctive
relief as the court deems proper. In any such action under this subsection, the court may
award to the successful party the court costs of the action together with reasonable attorney's
fees.
New Sec. 4. The commissioner shall also require each title agent to provide core title
services as required by the real estate settlement procedures act.'';
And by renumbering the sections accordingly;
On page 9, after line 30, by inserting a subsection as follows:
``(e) No title insurer or title agent may accept an order for title insurance business, issue
a title insurance policy, or receive or retain any premium, or charge in connection with any
transaction if: (i) The title insurer or title agent knows or has reason to believe that the
transaction will constitute controlled business for that title insurer or title agent, and (ii)
20% or more of the gross operating revenue of that title insurer or title agent during the six
full calendar months immediately preceding the month in which the transaction takes place
is derived from controlled business. The prohibitions contained in this subparagraph shall
not apply to transactions involving real estate located in a county that has a population, as
shown by the 1990 decennial census, of 10,000 or less or 50,000 or greater.''; in line 31, by
striking ``(e)'' and inserting ``(f)''; 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 bill was introduced and read by title:
HB 2995, An act relating to property taxation; concerning the classification of detention
centers; amending K.S.A. 79-1439 and repealing the existing section, by Committee on
Taxation.