The House met pursuant to adjournment with Speaker Shallenburger in the chair.
The roll was called with 122 members present.
Reps. Presta and Wagle were excused on excused absence by the Speaker.
Present later: Rep. Wagle.
Prayer by Chaplain Washington:
Heavenly Father,
As this legislative session draws to a close, the hours and days have been long and
tedious. Would You give these men and women an infusion of Your power?
They've worked hard to address many of today's concerns. As they have focused
on these social concerns and expended energy, draw them to focus on spiritual con-
cerns to receive renewal; for in Isaiah 40:29, You said that You give strength to the
weary and power to the weak. In verse 31 You said that those who look to You would
have their strength renewed.
Using the symbol of a cross, let the horizontal beams of their social transactions
be supported and empowered by the vertical beams of spiritual transactions. Remind
us that social devotion without spiritual devotion is like dancing on one foot. Remind
us that where social commitment drains us, spiritual commitment restores us; for
You are our source.
In this House . . . in the lives of these men and women, let the power of their
politics be energized by the power of their God.
I come to You in the Precious Name of Jesus, Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Committee of the Whole: HB 3035, 3036; HR 6021.
COMMUNICATIONS FROM STATE OFFICERS
From Howard Schwartz, Judicial Administrator, Supreme Court of Kansas, in accordance
with K.S.A. 1997 Supp. 5-506, 1997 annual dispute resolution report.
From Gary R. Mitchell, Secretary, Kansas Department of Health and Environment, in
accordance with K.S.A. 65-3321 et. seq., Kansas Water Pollution Control Revolving Loan
Fund, annual report for federal fiscal year 1997.
The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering H. Sub. for SB 439; HB 3035, 3036; HR 6021; SB 561, 262.
MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
The motion of Rep. P. Long, in accordance with subsection (b) of House Rule 1309, that HR 6010 be withdrawn from Committee on Judiciary and be placed on the calendar under
the order of business General Orders, was considered.
Not having received the required 70 votes, the motion did not prevail.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 439, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 1, by striking lines 19 to 40, inclusive, and inserting the following section:
``Section 1. K.S.A. 1997 Supp. 40-2,105 is hereby amended to read as follows: 40-2,105.
(a) On or after the effective date of this act, every insurer which issues any individual or
group policy of accident and sickness insurance providing medical, surgical or hospital ex-
pense coverage for other than specific diseases or accidents only and which provides for
reimbursement or indemnity for services rendered to a person covered by such policy in a
medical care facility, must provide for reimbursement or indemnity under such individual
policy or under such group policy, except as provided in subsection (d), which shall be
limited to not less than 30 days per year when such person is confined for treatment of
alcoholism, drug abuse or nervous or mental conditions in a medical care facility licensed
under the provisions of K.S.A. 65-429 and amendments thereto, a treatment facility for
alcoholics licensed under the provisions of K.S.A. 65-4014 and amendments thereto, a treat-
ment facility for drug abusers licensed under the provisions of K.S.A. 65-4605 and amend-
ments thereto, a community mental health center or clinic licensed under the provisions of
K.S.A. 75-3307b and amendments thereto or a psychiatric hospital licensed under the pro-
visions of K.S.A. 75-3307b and amendments thereto. Such individual policy or such group
policy shall also provide for reimbursement or indemnity, except as provided in subsection
(d), of the costs of treatment of such person for alcoholism, drug abuse and nervous or
mental conditions, limited to not less than 100% of the first $100, 80% of the next $100
and 50% of the next $1,640 in any year and limited to not less than $7,500 in such person's
lifetime, in the facilities enumerated when confinement is not necessary for the treatment
or by a physician licensed or psychologist licensed to practice under the laws of the state of
Kansas.
(b) For the purposes of this section ``nervous or mental conditions'' means disorders
specified in the diagnostic and statistical manual of mental disorders, fourth edition, (DSM-
IV, 1994) of the American psychiatric association but shall not include conditions not at-
tributable to a mental disorder that are a focus of attention or treatment (DSM-IV, 1994).
(c) The provisions of this section shall be applicable to health maintenance organizations
organized under article 32 of chapter 40 of the Kansas Statutes Annotated.
(d) There shall be no coverage under the provisions of this section for any assessment
against any person required by a diversion agreement or by order of a court to attend an
alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments
thereto.
(e) The provisions of this section shall not apply to any medicare supplement policy of
insurance, as defined by the commissioner of insurance by rule and regulation.
(f) The provisions of this section shall be applicable to the Kansas state employees health
care benefits program developed and provided by the Kansas state employees health care
commission.
(g) The outpatient coverage provisions of this section shall not apply to a high deductible
health plan as defined in Section 301 of P.L. 104-191 and any amendments thereto if such
plan is purchased in connection with a medical savings account pursuant to that act. After
the amount of eligible deductible expenses have been paid by the insured, the outpatient
costs of treatment of the insured for alcoholism, drug abuse and nervous or mental condi-
tions shall be paid on the same level they are provided for a medical condition, subject to the yearly and lifetime maximums provided in subsection (a).'';
On page 5, in line 17, by striking ``section 1'' and inserting ``sections 28 and 30'';
On page 24, in line 4, by striking ``coverage'' and inserting ``enrollment'';
On page 26, in line 17, by striking ``coverage'' and inserting ``enrollment'';
On page 46, in line 29, by striking ``act'' and inserting ``section'';
On page 47, following line 28, by inserting the following sections:
``Sec. 29. K.S.A. 1997 Supp. 40-221a is hereby amended to read as follows: 40-221a.
(a) Any insurance company organized under the laws of this state may (1) with the consent
of the commissioner of insurance, cede all of its risks to any other solvent insurance company
authorized to transact business in this state or accept all of the risks of any other company,
(2) accept all or any part of an individual risk or all or any part of a particular class of risks
which it is authorized to insure, and (3) cede all or any part of an individual risk or all or
any part of a particular class of risks to another solvent insurer or insurers having the power
to accept such reinsurance.
(b) Any insurance company organized under the laws of this state may take credit as an
asset or as a deduction from loss and unearned premium reserves on such ceded risks to
the extent reinsured by an insurer or insurers authorized to transact business in this state,
but such credit on ceded risks reinsured by any insurer which is not authorized to transact
business in this state may be taken in an amount not exceeding:
(1) The amount of deposits by, and funds withheld from, the assuming insurer pursuant
to express provision therefor in the reinsurance contract, as security for the payment of the
obligations thereunder, if such deposits or funds are held subject to withdrawal by, and
under the control of, the ceding insurer or are placed in trust for such purposes in a bank
which is insured by the federal deposit insurance corporation or its successor, if withdrawals
from such trust cannot be made without the consent of the ceding company;
(2) the amount of a clean and irrevocable letter of credit issued by a bank which is
insured by the federal deposit insurance corporation or its successor if such letter of credit
is initially issued for a term of at least one year and by its terms is automatically renewed
at each expiration date for at least an additional one-year term unless at least 30 days prior
written notice of intention not to renew is given to the ceding company by the issuing bank
or the assuming company and provided that such letter of credit is issued under arrange-
ments satisfactory to the commissioner of insurance as constituting security to the ceding
insurer substantially equal to that of a deposit under paragraph (1) of this subsection; or
(3) the amount of loss and unearned premium reserves on such ceded risks to an as-
suming insurer which maintains a trust fund in a qualified United States financial institution,
as defined in (b)(3)(D), for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns and successors in interest. The assuming insurer shall
report annually to the commissioner information substantially the same as that required to
be reported on the national association of insurance commissioners annual statement form
by licensed insurers to enable the commissioner to determine the sufficiency of the trust
fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account
representing the assuming insurer's liability attributable to business written in the United
States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less
than $20,000,000. In the case of a group including incorporated and individual unincorpor-
ated underwriters, the trust shall consist of a trusteed account representing the group's
liabilities attributable to business written in the United States and, in addition, the group
shall maintain a trusteed surplus of which $100,000,000 shall be held jointly for the benefit
of United States ceding insurers of any member of the group; the incorporated members
of the group shall not be engaged in any business other than underwriting as a member of
the group and shall be subject to the same level of solvency regulation and control by the
group's domiciliary regulator as are the unincorporated members; and the group shall make
available to the commissioner an annual certification of the solvency of each underwriter
by the group's domiciliary regulator and its independent public accountants.
(A) Such trust must be in a form approved by the commissioner of insurance. The trust
instrument shall provide that contested claims shall be valid and enforceable upon the final
order of any court of competent jurisdiction in the United States. The trust shall vest legal
title to its assets in the trustees of the trust for its United States policyholders and ceding
insurers, their assigns and successors in interest. The trust and the assuming group or insurer
shall be subject to examination as determined by the commissioner. The trust, described
herein, must remain in effect for as long as the assuming group or insurer shall have out-
standing obligations due under the reinsurance agreements subject to the trust.
(B) No later than February 28 of each year the trustees of the trust shall report to the
commissioner in writing setting forth the balance of the trust and listing the trust's invest-
ments at the preceding year end and shall certify the date of termination of the trust, if so
planned, or certify that the trust shall not expire prior to the next following December 31.
(C) The credit authorized under subsection (b)(3) shall not be allowed unless the as-
suming group or insurer agrees in the reinsurance agreements:
(i) That in the event of the failure of the assuming group or insurer to perform its
obligations under the terms of the reinsurance agreement, the assuming group or insurer,
at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent
jurisdiction in any state of the United States, will comply with all requirements necessary
to give such court jurisdiction, and will abide by the final decision of such court or of any
appellate court in the event of an appeal; and
(ii) to designate the commissioner or a designated attorney as its true and lawful attorney
upon whom may be served any lawful process in any action, suit or proceeding instituted
by or on behalf of the ceding company.
(iii) This provision is not intended to conflict with or override the obligation of the
parties to a reinsurance agreement to arbitrate their disputes, if such an obligation to do so
is created in the agreement.
(D) A ``qualified United States financial institution'' means, for purposes of those pro-
visions of this law specifying those institutions that are eligible to act as a fiduciary of a trust,
an institution that:
(i) Is organized, or (in the case of a U.S. branch or agency office of a foreign banking
organization) licensed, under the laws of the United States or any state thereof and has been
granted authority to operate with fiduciary powers; and
(ii) is regulated, supervised and examined by federal or state authorities having regu-
latory authority over banks and trust companies.
The foregoing provisions of paragraphs (1), (2) and (3) of subsection (b) shall not apply
to a domestic title insurance company subject to the provisions of K.S.A. 40-1107a and
amendments thereto.
(c) Any reinsurance ceded by a company organized under the laws of this state or ceded
by any company not organized under the laws of this state and transacting business in this
state must, pursuant to express provisions contained in the reinsurance agreement, be pay-
able by the assuming insurer on the basis of the liability of the ceding company under the
contract or contracts reinsured without diminution because of the insolvency of the ceding
company and any such reinsurance agreement which may be canceled on less than 90 days'
notice must provide in the reinsurance agreement for a run-off of the reinsurance in force
at the date of cancellation.
New Sec. 30. (a) Any individual or group health insurance policy, medical service plan,
contract, hospital service corporation contract, hospital and medical service corporation
contract, fraternal benefit society or health maintenance organization which provides cov-
erage for accident and health services and which is delivered, issued for delivery, amended
or renewed on or after July 1, 1998, also, shall provide coverage for prostate cancer screening
for men 40 years of age or over who are symptomatic or in a high-risk category and for all
men 50 years of age or older. The screening shall consist, at a minimum, of a prostate-
specific antigen blood test and a digital rectal examination. A policy, provision, contract,
plan or agreement may apply to prostate cancer screening the same deductibles, coinsurance
and other limitations as apply to other covered services.
(b) The provisions of this section shall not apply to any medicare supplement policy of
insurance, as defined by the commissioner of insurance by rule and regulation, any policy
of long-term care insurance, as defined by K.S.A. 40-2227 and amendments thereto, any
specified disease or specified accident coverage or any accident only coverage as defined by
the commissioner of insurance by rule and regulation, whether written on a group, blanket
or individual basis.'';
Sec. 31. K.S.A. 40-110 is hereby amended to read as follows: 40-110. The commissioner
of insurance is hereby authorized to appoint an assistant commissioner of insurance, actu-
aries, two (2) special attorneys who shall have been regularly admitted to practice, an ex-
ecutive secretary, policy examiners, two (2) field representatives, and a secretary to the
commissioner. Such appointees shall each receive an annual salary to be determined by the
commissioner of insurance, within the limits of available appropriations, but in no case shall such annual salary exceed the salary of the commissioner of insurance as established by law. He but in no case shall any such annual salary exceed the salary of the commissioner of insurance as established by law, except that the commissioner of insurance may appoint two actuaries, who are members in good standing of either the American Academy of Actuaries or the Casualty Actuarial Society or the Society of Actuaries, whose annual salaries may exceed the annual salary of the commissioner. The commissioner is also authorized to ap-
point, within the provisions of the civil service law, and available appropriations, such other
employees as shall be necessary to administer the provisions of this act. The field represen-
tatives authorized by this section may be empowered to conduct inquiries, investigations,
or to receive complaints: Provided, however, That such. Such field representatives shall not
be empowered to make, or direct to be made, an examination of the affairs and financial
condition of any insurance company in the process of organization, or applying for admission
or doing business in this state.
The appointees herein provided for authorized by this section shall take the proper official
oath and shall be in no way interested, except as policyholders, in any insurance company.
In the absence of the commissioner of insurance the assistant commissioner shall perform
the duties of the commissioner of insurance, but shall in all cases execute papers in the
name of the commissioner of insurance, by himself as assistant. The commissioner of in-
surance shall be responsible for all acts of an official nature done and performed by his the commissioner's assistant or any person employed in his such office. All the appointees au-
thorized by this section shall hold their office at the will and pleasure of the commissioner
of insurance.
Sec. 32. K.S.A. 1997 Supp. 40-112 is hereby amended to read as follows: 40-112. (a)
For the purpose of maintaining the insurance department and the payment of expenses
incident thereto, there is hereby established the insurance department service regulation
fund in the state treasury which shall be administered by the commissioner of insurance.
All expenditures from the insurance department service regulation 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 commissioner of insurance or by a person or
persons designated by the commissioner.
(b) On and after the effective date of this act, all fees received by the commissioner of
insurance pursuant to any statute and the portion of taxes received pursuant to K.S.A. 40- 252 and amendments thereto, which is certified by the commissioner of insurance to be necessary for the purposes of the insurance department service regulation fund and which, together with the total amount of fees deposited to the credit of the insurance department service regulation fund pursuant to this subsection, does not total more than $4,800,000 for any fiscal year, and 1% of taxes received pursuant to K.S.A. 40-252 and amendments thereto
shall be remitted to the state treasurer for deposit in the state treasury and credited to the
insurance department service regulation fund. The total amount credited to the insurance department service regulation fund pursuant to this subsection for any fiscal year shall not exceed $4,800,000.
(c) Except as otherwise provided by this section, the commissioner of insurance shall
make an annual assessment for the fiscal year ending June 30, 1993, and for each fiscal year thereafter, on each group of affiliated insurers whose certificates of authority to do business
in this state are in good standing at the time of the assessment. The total amount of all such
assessments for a fiscal year shall be equal to the amount sufficient which, when combined
with the total amount to be credited to the insurance department service regulation fund
pursuant to subsection (b) is equal to the amount approved by the legislature to fund the
insurance company regulation program. With respect to each group of affiliated insurers,
such assessment shall be in proportion to the amount of total assets of the group of affiliated
insurers as reported to the commissioner of insurance pursuant to K.S.A. 40-225 and amend-
ments thereto for the immediately preceding calendar year, shall not be less than $500 and
shall not be more than the amount equal to .0000015 of the amount of total assets of the
group of affiliated insurers or $25,000, whichever is less. The total assessment for any fiscal
year after the fiscal year ending June 30, 1993, shall not increase by any amount greater
than 15% of the total budget approved by the legislature to fund the insurance company
regulation program for the fiscal year immediately preceding the fiscal year for which the
assessment is made. In the event the total amount of the assessment would be less than the
aggregate amount resulting by assessing the $500 minimum on each insurer, the commis-
sioner may establish a lower minimum to be assessed equally on each insurer.
(d) Assessments payable under this section shall be past due if not paid to the insurance
department within 45 days of the billing date of such assessment. A penalty equal to 10%
of the amount assessed shall be imposed upon any past due payment and the total amount
of the assessment and penalty shall bear interest at the rate of 1.5% per month or any
portion thereof.
(e) On or after July 1, 1992, when When there exists in the insurance department service
regulation fund a deficiency which would render such fund temporarily insufficient during
any fiscal year to meet the insurance department's funding requirements, the commissioner
of insurance shall certify the amount of the insufficiency. Upon receipt of any such certifi-
cation, the director of accounts and reports shall transfer an amount of moneys equal to the
amount so certified from the state general fund to the insurance department service regu-
lation fund. On June 30 of any fiscal year during which an amount or amounts are certified
and transferred under this subsection, the director of accounts and reports shall provide for
the repayment of the amounts so transferred and shall transfer the amount equal to the
total of all such amounts transferred during the fiscal year from the insurance department
service regulation fund to the state general fund.
(f) Any unexpended balance in the insurance department service regulation fund at the
close of a fiscal year shall remain credited to the insurance department service regulation
fund for use in the succeeding fiscal year and shall be used to reduce future assessments or
to accommodate cash flow demands on the fund.
(g) The commissioner of insurance shall exempt the assessment of any insurer which,
as of December 31 of the calendar year preceding the assessment, has a surplus of less than
two times the minimum amount of surplus required for a certificate of authority on and
after May 1, 1994, and which is subject to the premium tax liability imposed on insurers
organized under the laws of this state. The commissioner of insurance may also exempt or
defer, in whole or in part, the assessment of any other insurer if, in the opinion of the
commissioner of insurance, immediate payment of the total assessment would be detrimen-
tal to the solvency of the insurer.
(h) As used in this section:
(1) ``Affiliates'' or ``affiliated'' has the meaning ascribed by K.S.A. 40-3302 and amend-
ments thereto;
(2) ``group'' or ``group of affiliated insurers'' means the affiliated insurers of a group and
also includes an individual, unaffiliated insurer; and
(3) ``insurer'' means any insurance company, as defined by K.S.A. 40-201 and amend-
ments thereto, any fraternal benefit society, as defined by K.S.A. 40-738 and amendments
thereto, any reciprocal or interinsurance exchange under K.S.A. 40-1601 through 40-1614
and amendments thereto, any mutual insurance company organized to provide health care
provider liability insurance under K.S.A. 40-12a01 through 40-12a09 and amendments
thereto, any nonprofit dental service corporation under K.S.A. 40-19a01 through 40-19a14
and amendments thereto, any nonprofit medical and hospital service corporation under
K.S.A. 40-19c01 through 40-19c11 and amendments thereto, any health maintenance or-
ganization, as defined by K.S.A. 40-3202 and amendments thereto, or any captive insurance
company, as defined by K.S.A. 40-4301 and amendments thereto, which is authorized to do
business in Kansas.'';
By renumbering sections accordingly;
Also on page 47, in line 29, after ``K.S.A.'', by inserting ``40-110,''; in line 32, by striking
``40-1909,'' and by inserting ``40-112, 40-221a, 40-2,105,'';
In the title, in line 10, by striking ``accident and health''; also in line 10, following ``K.S.A.'',
by inserting ``40-110,''; in line 13, by striking ``40-1909,'' and inserting ``40-112, 40-221a, 40-
2,105,''; in line 16, by inserting before the period ``and K.S.A. 1997 Supp. 40-1909'';
And your committee on conference recommends the adoption of this report.
Dennis M. Wilson
Robert Tomlinson
Nancy A. Kirk
Conferees on part of House
Don Steffes
Sandy Praeger
Paul Feleciano, Jr. Conferees on part of Senate
On motion of Rep. Wilson to adopt the conference committee report on H. Sub. for SB 439, Rep. Helgerson offered a substitute motion to not adopt the conference committee
report and asked that a new conference committee be appointed. The substitute motion did
not prevail.
The question then reverted back to the original motion of Rep. Wilson and the conference
committee report was adopted.
On roll call, the vote was: Yeas 118; Nays 4; Present but not voting: 0; Absent or not
voting: 2.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 262, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, by striking all in lines 17 through 43;
By striking all on pages 2 through 8;
On page 9, by striking all in lines 1 through 36 and inserting the following new sections:
``Section 1. K.S.A. 20-334 is hereby amended to read as follows: 20-334. (a) Subject to
the provisions of K.S.A. 20-2909 and amendments thereto, any person who is elected, re-
tained in office or appointed as a district judge shall:
(1) Have been regularly admitted to practice law in the state of Kansas;
(2) be a resident of the judicial district for which elected or appointed to serve at the
time of taking the oath of office and shall maintain residency in the judicial district while
holding office; and
(3) for a period of at least five years, have engaged in the active practice of law as a
lawyer, judge of a court of record or any court in this state, full-time teacher of law in an
accredited law school or any combination thereof.
(b) Except as provided by subsection (c), any person who is elected, retained in office
or appointed as a district magistrate judge shall:
(1) Be a graduate of a high school or secondary school or the equivalent thereof;
(2) be a resident of the county for which elected or appointed to serve; and
(3) if not regularly admitted to practice law in Kansas, be certified by the supreme court,
in the manner prescribed by K.S.A. 20-337 and amendments thereto, as qualified to serve
as a district magistrate judge.
(c) Any person who is elected, retained in office or appointed as a district magistrate judge pursuant to the provisions of K.S.A. 20-355 and amendments thereto, shall:
(1) Have been regularly admitted to practice law in the state of Kansas; and
(2) be a resident of the county for which elected or appointed to serve.
Sec. 2. K.S.A. 20-337 is hereby amended to read as follows: 20-337. Any person who
takes office as district magistrate judge on January 10, 1977, and any person who thereafter
is elected or appointed to the office of district magistrate judge other than a person elected, retained in office or appointed as a district magistrate judge pursuant to the provisions of K.S.A. 20-355 and amendments thereto and, in either event, and who has not been regularly
admitted to practice law in Kansas, as required by subsection (c)(3) (b)(3) of K.S.A. 20-334,
shall be issued a temporary certificate permitting such judge to commence upon the duties
of office, conditioned that such judge becomes certified as being qualified to hold such
office, as provided herein in this section. The supreme court shall provide by rule for the
examination of such district magistrate judges, in order to ensure that each such district
magistrate judge possesses the minimum skills and knowledge necessary to carry out the
duties of such office. Such examination shall be administered without charge, and shall be
given at least once each six months at a time and place designated by the supreme court. If
a district magistrate judge fails to successfully complete such examination within eighteen (18) 18 months after the date said such judge takes office, said such judge shall forfeit his or her such district magistrate judge's office and the district magistrate judge position for
which such judge was elected or appointed shall be vacant at the expiration of such eighteen- month 18-month period. A district magistrate judge who fails to successfully complete any
examination may take such examination again at the next time it is offered prior to the
expiration of such eighteen-month 18-month period. Any person who fails to successfully
complete the examination within the prescribed time shall be ineligible for election or
appointment as a district magistrate judge, unless such person subsequently meets all the
qualifications prescribed by subsection (c)(3) (b)(3) of K.S.A. 20-334 and amendments thereto.
Any person who successfully completes the examination administered under this section
shall be certified by the supreme court as qualified to hold such office. Any district magis-
trate judge who has been so certified shall be eligible for reelection or retention in office
as provided in this act.
The supreme court shall prepare a manual which shall contain the substantive and pro-
cedural rules of law and principles of judicial conduct which are deemed necessary to be
understood and practiced by a district magistrate judge. Such manual shall be given to each
district magistrate judge who is required to be examined under this section subsequent to
the time of such judge's election or appointment. From time to time, as the necessity arises,
such manual shall be amended and supplemented to reflect changes in the law or code of
judicial conduct.
Sec. 3. K.S.A. 20-355 is hereby amended to read as follows: 20-355. (a) On or before
April 15 of every even-numbered year, the supreme court shall examine the need for more
or less divisions or district magistrate judge positions of the district court in each judicial
district which has not approved the proposition of nonpartisan selection of district judges of the district court, as provided in K.S.A. 20-2901, and amendments thereto, and. On or
before May 15 of each year, the supreme court shall examine the need for more or less
divisions or positions of the district court in judicial districts which have approved such
proposition. Whenever the supreme court shall determine that in order to effectively ex-
pedite the business of the district court in any judicial district in this state, the need exists
for an additional district judge of the district court and an additional division of or position in such court, the supreme court shall so certify to the secretary of state, and where the
need for such additional district judge of the district court and division or position is in a
judicial district in which such proposition of nonpartisan selection of district court judges of the district court has been approved, such certification also shall be made to the chairperson
of the district judicial nominating commission of such judicial district. Any additional division or position so certified shall be designated as the next numbered division or position of such
court.
(b) Upon certification of an additional district judge of the district court and an addi-
tional division or position of the district court in any judicial district which has not approved
the proposition of nonpartisan selection of district judges of the district court, the first district
judge of the district court of such new division or position shall be elected at the general
election held in November of the year in which the division or position is determined to be
necessary and such judge shall take office on the second Monday in January of the following
year. No judge of any such new division shall be appointed pending the first election to fill
such office, except that the judge for any division or position created in 1998 shall be selected in accordance with the provisions for filling a vacancy as set forth in K.S.A. 25-312a and amendments thereto.
(c) Upon certification of an additional district judge of the district court and an addi-
tional division or position of the district court in any judicial district which has approved the
proposition of nonpartisan selection of district judges of the district court, the additional
division or position shall be created on July 15 of the year in which such certification is
made, and the additional district judge shall be selected and take office in the manner
prescribed by subsection (b) of K.S.A. 20-2913, and amendments thereto. The additional position shall be created on July 1 of the year in which the position is approved, and the additional district magistrate judge shall be selected and take office in the manner prescribed by K.S.A. 20-2914 and amendments thereto.
(d) The supreme court shall determine the county or judicial district in which the newly created division or position shall be placed.
(e) Any district magistrate judge position created by this section shall be subject to the provisions of subsection (c) of K.S.A. 20-334 and amendments thereto in addition to any other applicable provision of law.
(f) Any additional district judge or district magistrate judge position created by this
section shall be considered a position created by the supreme court and not a civil appoint-
ment to a state office pursuant to K.S.A. 46-234, and amendments thereto.
Sec. 4. K.S.A. 22a-105 is hereby amended to read as follows: 22a-105. Each of the
district attorneys elected under this act pursuant to the provisions of K.S.A. 22a-101 et seq. and amendments thereto shall receive an annual salary equal to in the amount of no less than the salary provided for district judges in K.S.A. 75-3120g, and any amendments thereto.
The salary of each district attorney shall be paid by the county comprising the judicial district
in which he or she the district attorney is elected in equal monthly installments and in the
manner county officers and employees are paid. The district attorneys and their deputies
and assistants shall be reimbursed for their actual travel and subsistence expenses incurred
while in the performance of their official duties within or without the district. A county may continue to supplement a district attorney's salary only until the expiration of such district attorney's present term of office.
Sec. 5. K.S.A. 43-158 is hereby amended to read as follows: 43-158. The following
persons shall be excused from jury service: (a) Persons unable to read, write, and understand
the English language with a degree of proficiency sufficient to fill out respond to a jury
questionnaire form prepared by the commissioner;
(b) persons under adjudication of incompetency; and
(c) persons who within ten (10) 10 years immediately preceding have been convicted
of or pleaded guilty, or nolo contendere, to an indictment or information charging a felony.
Sec. 6. K.S.A. 43-161 is hereby amended to read as follows: 43-161. Each jury com-
missioner may require any person summoned for jury duty whose name has been selected for a jury list prepared in accordance with the provisions of K.S.A. 43-162 and amendments thereto to answer in writing such questions as he the commissioner may address to such
person, touching his relating to such person's name, age, residence, occupation and quali-
fications as a juror, with a view to the due and faithful jury service of such person; and also all such questions as to involving similar matters touching relating to all persons in his household living in such person's residence.
Any such person summoned for jury duty who shall fail or refuse whose name has been selected for a jury list who fails or refuses to answer such questions in writing, and signing his such person's name thereto, shall be cited for contempt of court.
Any such person summoned for jury duty whose name has been selected for a jury list
who shall willfully or corruptly make makes false answers to such questions put to him such person by the jury commissioner shall be deemed to be guilty of a class A nonperson mis-
demeanor.
Sec. 7. K.S.A. 20-334, 20-337, 20-355, 22a-105, 43-158 and 43-161 are hereby re-
pealed.'';
And by renumbering sections accordingly;
On page 1, in the title, by striking all in lines 10 through 14 and inserting ``AN ACT
concerning courts; relating to additional district magistrate positions; district attorneys, sal-
ary; jurors, qualifications and questionnaires; amending K.S.A. 20-334, 20-337, 20-355, 22a-
105, 43-158 and 43-161 and repealing the existing sections.'';
And your committee on conference recommends the adoption of this report.
Tim Carmody
Terry Presta
Jim D. Garner
Conferees on part of House
Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate
On motion of Rep. Carmody, the conference committee report on SB 262 was adopted.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Jennison, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering Sub. SB 573; SB 449; S. Sub. for HB 2422.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 573, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 7, in line 21, by striking ``and'' and inserting ``or''; by striking all after line 41;
By striking all on page 8;
On page 9, by striking all before line 41;
And by renumbering the remaining sections accordingly;
In the title, in line 16, by striking all after ``telemarketing''; by striking line 17; in line 18,
by striking all before the semicolon;
And your committee on conference recommends the adoption of this report.
Al Lane
Gerald G. Geringer
Janice L. Pauls
Conferees on part of House
Alicia L. Salisbury
Pat Ranson
Jim Barone Conferees on part of Senate
On motion of Rep. Lane, the conference committee report on Sub. SB 573 was adopted.
On roll call, the vote was: Yeas 118; Nays 4; Present but not voting: 0; Absent or not
voting: 2.
On emergency motion of Rep. Jennison, pursuant to House Rule 2311, HR 6021; HB 3035, 3036 were advanced to Final Action on Bills and Concurrent Resolutions, subject to
amendment, debate and roll call.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
On motion of Rep. Reardon HR 6021 was amended on page 1, after line 25, by inserting
new material to read as follows:
WHEREAS, As a part of the eminent domain procedures included within the bill, the
legislature included language providing for a payment of 125% of the appraised value of the
property of citizens located within the motorspeedway's redevelopment district as a reward
for the sacrifice by the property owners within the district for the economic development
of the entire state and as a recognition of the fact that the property taken within the district
was for the purpose of creating a private development intended to stimulate the state's
tourism industry as a whole;'';
HR 6021, A resolution authorizing the Legislative Coordinating Council to intervene in
the Kansas Supreme Court case, State ex rel. Tomasic v. The Unified Government of Wy- andotte County/Kansas City, Kansas, was considered on final action.
On roll call, the vote was: Yeas 70; Nays 53; Present but not voting: 0; Absent or not
voting: 1.
HB 3035, An act concerning the commission on governmental standards and conduct;
relating to the powers and duties thereof; amending K.S.A. 25-4180, as amended by section
16 of 1998 Substitute for House Bill No. 2662 and 46-280, as amended by section 23 of
1998 Substitute for House Bill No. 2662, and K.S.A. 1997 Supp. 25-4152, as amended by
section 10 of 1998 Substitute for House Bill No. 2662 and 25-4186, as amended by section
18 of 1998 Substitute for House Bill No. 2662 and repealing the existing sections; also
repealing K.S.A. 25-4180, as amended by section 5 of 1998 Senate Bill No. 410, and 46-
280, as amended by section 7 of 1998 Senate Bill No. 410, and K.S.A. 1997 Supp. 25-4152,
as amended by section 4 of 1998 Senate Bill No. 410, and 25-4186, as amended by section
6 of 1998 Senate Bill No. 410, was considered on final action.
On roll call, the vote was: Yeas 121; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
HB 3036, An act concerning municipalities; relating to special revenue bonds; amending
K.S.A. 1997 Supp. 12-1771, as amended by section 2 of 1998 House Bill No. 2631 and
12-1775, as amended by section 4 of 1998 House Bill No. 2631, and repealing the existing
sections; also repealing K.S.A. 1997 Supp. 12-1771, as amended by section 1 of 1998 Senate
Bill No. 672 and 12-1775, as amended by section 2 of 1998 Senate Bill No. 672, was con-
sidered on final action.
On roll call, the vote was: Yeas 113; Nays 10; Present but not voting: 0; Absent or not
voting: 1.
On emergency motion of Rep. Jennison, pursuant to House Rule 2311, to advance SB 561 to Final Action on Bills and Concurrent Resolutions, subject to amendment, debate
and roll call, roll call was demanded.
On roll call, the vote was: Yeas 78; Nays 42; Present but not voting: 0; Absent or not
voting: 4.
Also, announcing passage of HB 2422, as amended by S. Sub. for HB 2422.
The Senate adopts conference committee report on SB 220.
The Senate adopts conference committee report on SB 400.
The Senate adopts conference committee report on SB 485.
The Senate accedes to the request of the House for a conference on HB 2684 and has
appointed Senators Langworthy, Corbin and Lee as conferees on the part of the Senate.
The Senate accedes to the request of the House for a conference on HB 2739 and has
appointed Senators Oleen, Harrington and Jones as conferees on the part of the Senate.
Also, the Senate not adopts the conference committee report on SB 449, requests a new
conference committee be appointed and has appointed Senators Emert, Bond and Goodwin
as second conferees on the part of the Senate.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bill was thereupon introduced and read by title: SB 694.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 449.
Speaker Shallenburger thereupon appointed Reps. Carmody, Presta and Garner as second
conferees on the part of the House.
INTRODUCTION OF ORIGINAL MOTIONS
Having voted on the prevailing side, Rep. Ballou moved, pursuant to House Rule 2303,
that the House reconsider its action in not advancing SB 561 to Final Action on Bills and
Concurrent Resolutions, subject to amendment, debate and roll call.
The motion prevailed and the question reverted back to the motion to advance the bill
to Final Action on Bills and Concurrent Resolutions, subject to amendment, debate and roll
call. The motion prevailed.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Committee report to SB 561 was adopted; also, on motion of Rep. Gilmore to amend,
Rep. Ballou requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment not germane.
On motion of Rep. Jennison SB 561 was referred to Committee on Federal and State
Affairs.
REPORT ON ENGROSSED BILLS
HB 2626 reported correctly engrossed May 1, 1998.
Sub. HB 2609 reported correctly re-engrossed May 1, 1998.
REPORT ON ENGROSSED RESOLUTIONS
HR 6021, 6022 reported correctly engrossed May 1, 1998.
REPORT ON ENROLLED BILLS
Sub. HB 2972 reported correctly enrolled, properly signed and presented to the governor
on May 1, 1998.
On motion of Rep. Jennison, the House adjourned until 2:00 p.m., Saturday, May 2, 1998.