The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 119 members present.
Reps. Allen, Aurand, Gregory, O'Neal and Packer were excused on excused absence by
the Speaker.
Prayer by guest chaplain, the Rev. Thomas F. Thorpe, a minister of the Association of
Unity Churches, Lawrence, and guest of Rep. Sloan:
Holy One, God of many names, we acknowledge and give thanks for your presence
in this place and in the minds and hearts of these dedicated souls who gather here
in service to our beloved State of Kansas.
We pray affirming that the thoughts of these leaders, their words, and their de-
cisions are guided by your infinite love and wisdom.
We pray affirming that the work of this assembly proceeds with ease and efficiency,
in your divine order and harmony.
We pray affirming that the decisions made and the actions taken here today bless
the State of Kansas and its people.
We pray affirming that the people of Kansas recognize and appreciate the dedi-
cated service of these their elected representatives.
Finally, we pray affirming that everyone who serves in this House of Represen-
tatives leaves this place today knowing the satisfaction and joy of having served
willingly and well.
Thank you, God, for your blessings on this House of Representatives. Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Rep. Jennison, HCR 5058, by Rep. Shallenburger, was introduced and
adopted:
HOUSE CONCURRENT RESOLUTION No. 5058
A CONCURRENT RESOLUTION relating to the adjournment of the senate and house
of representatives for a period during the 1998 regular session of the legislature.
Be it resolved by the House of Representatives of the State of Kansas, the Senate concurring therein: That the legislature shall adjourn at the close of business of the daily session
convened on May 2, 1998, and shall reconvene at 2:00 p.m. on May 3, 1998; and
Be it further resolved: That the House of Representatives and the Senate may adjourn
and reconvene from day-to-day on motion, but the legislature shall reconvene at 10:00 a.m.
on May 26, 1998, at which time the legislature shall continue in session and shall adjourn sine die at the close of business on May 26, 1998; and
Be it further resolved: That the legislature may adjourn for more than two days, Sundays
excepted, and reconvene at any time fixed by concurrent resolution of the two houses of
the legislature during the period from May 2, 1998, to May 26, 1998, but the legislature
shall reconvene at 10:00 a.m. on May 26, 1998, at which time the legislature shall continue
in session and shall adjourn sine die at the close of business on May 26, 1998; and
Be it further resolved: That the chief clerk of the house of representatives and the
secretary of the senate and employees specified by the director of legislative administrative
services for such purpose shall attend their duties each day during periods of adjournment,
Sundays excepted, for the purpose of receiving messages from the governor and conducting
such other business as may be required; and
Be it further resolved: That members of the legislature shall not receive the per diem
compensation and subsistence allowances provided for in subsections (a) and (b) of K.S.A.
46-137a for any day within a period in which both houses of the legislature are adjourned
for more than two days, Sundays excepted; and
Be it further resolved: That members of the legislature attending a legislative meeting
of whatever nature when authorized pursuant to law, or by the legislative coordinating
council, or by the President of the Senate or the Speaker of the House of Representatives
and members of a conference committee attending a meeting of the conference committee
authorized by the President of the Senate and the Speaker of the House of Representatives
during any period of adjournment for which members are not authorized compensation and
allowances pursuant to K.S.A. 46-137a, shall receive compensation and travel expenses or
allowances as provided by K.S.A. 75-3212 except that the mileage allowance shall be limited
during any such period of adjournment to one full trip by the usual route in going to and
returning from an authorized meeting.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Federal and State Affairs: SB 694.
MESSAGES FROM THE SENATE
The Senate adopts conference committee report on H. Sub. for SB 439.
The Senate adopts conference committee report on Sub. SB 573.
The Senate adopts conference committee report on HB 2837.
The Senate not adopts the conference committee report on SB 262, requests a new
conference committee be appointed and has appointed Senators Emert, Schraad and Good-
win as second conferees on the part of the Senate.
The Senate nonconcurs in House amendments to H. Sub. for SB 643, requests a con-
ference and has appointed Senators Kerr, Salisbury and Petty as conferees on the part of
the Senate.
Also, announcing rejection of HB 2969.
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 HB 2837; H. Sub. for SB 671; SB 554.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on SB 262.
Speaker pro tem Wagle thereupon appointed Reps. Carmody, Presta and Garner as sec-
ond conferees on the part of the House.
On motion of Rep. Jennison, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 643.
Speaker pro tem Wagle thereupon appointed Reps. Phil Kline, Farmer and Helgerson as
conferees on the part of the House.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Carmody, the House concurred in Senate amendments toS. Sub. for HB 2422, An act concerning corporations; relating to filing of certain documents; recording
with register of deeds; amending K.S.A. 17-1637, 17-1638, 17-2030, 17-2033, 17-2037,
17-5545, 17-5548, 17-5556, 17-6005, 17-6204, 17-6205, 17-6206, 17-6701, 17-6702, 17-
6703, 17-6704, 17-6705, 17-6804, 17-7001, 17-7002, 17-7204 and 17-7302 and K.S.A. 1997
Supp. 17-7706 and repealing the existing sections.
On roll call, the vote was: Yeas 78; Nays 41; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Allen, Aurand, Gregory, O'Neal, Packer.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 449, 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 3, by striking all in lines 38 through 43;
By striking all on page 4;
On page 5, by striking all in line 1 and inserting the following:
``Sec. 4. K.S.A. 1997 Supp. 21-3106, as amended by section 2 of 1998 House Bill No.
2025, is hereby amended to read as follows: 21-3106. (1) A prosecution for murder may be
commenced at any time.
(2) Except as provided by subsection (8), a prosecution for any of the following crimes
must be commenced within five years after its commission if the victim is less than 16 years
of age: (a) Indecent liberties with a child as defined in K.S.A. 21-3503 and amendments
thereto; (b) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and
amendments thereto; (c) enticement of a child as defined in K.S.A. 21-3509 and amend-
ments thereto; (d) indecent solicitation of a child as defined in K.S.A. 21-3510 and amend-
ments thereto; (e) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511
and amendments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-3516 and
amendments thereto; or (g) aggravated incest as defined in K.S.A. 21-3603 and amendments
thereto.
(3) Except as provided in subsection (8), a prosecution for any crime must be com-
menced within 10 years after its commission if the victim is the Kansas public employees
retirement system.
(4) Except as provided by subsection (8), a prosecution for rape, as defined in K.S.A.
21-3502 and amendments thereto, or aggravated criminal sodomy, as defined in K.S.A.
21-3506 and amendments thereto, must be commenced within five years after its commis-
sion.
(5) Except as provided in subsection (8), a prosecution for any crime found in the Kansas
medicaid fraud control act must be commenced within five years after its commission.
(6) Except as provided by subsection (8), a prosecution for the crime of arson, as defined
in K.S.A. 21-3718 and amendments thereto, or aggravated arson, as defined in K.S.A. 21-
3719 and amendments thereto, must be commenced within five years after its commission.
(7) Except as provided by subsection (8), a prosecution for any crime not governed by
subsections (1), (2), (3), (4), (5) and (6) must be commenced within two years after it is
committed.
(7) (8) The period within which a prosecution must be commenced shall not include
any period in which:
(a) The accused is absent from the state;
(b) the accused is concealed within the state so that process cannot be served upon the
accused;
(c) the fact of the crime is concealed;
(d) a prosecution is pending against the defendant for the same conduct, even if the
indictment or information which commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal;
(e) an administrative agency is restrained by court order from investigating or otherwise
proceeding on a matter before it as to any criminal conduct defined as a violation of any of
the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes
Annotated which may be discovered as a result thereof regardless of who obtains the order
of restraint; or
(f) whether or not the fact of the crime is concealed by the active act or conduct of the
accused, there is substantially competent evidence to believe two or more of the following
factors are present: (i) The victim was a child under 15 years of age at the time of the crime;
(ii) the victim was of such age or intelligence that the victim was unable to determine that
the acts constituted a crime; (iii) the victim was prevented by a parent or other legal authority
from making known to law enforcement authorities the fact of the crime whether or not
the parent or other legal authority is the accused; and (iv) there is substantially competent
expert testimony indicating the victim psychologically repressed such witness' memory of
the fact of the crime, and in the expert's professional opinion the recall of such memory is
accurate and free of undue manipulation, and substantial corroborating evidence can be
produced in support of the allegations contained in the complaint or information but in no
event may a prosecution be commenced as provided in this section later than the date the
victim turns 28 years of age. Corroborating evidence may include, but is not limited to,
evidence the defendant committed similar acts against other persons or evidence of con-
temporaneous physical manifestations of the crime. ``Parent or other legal authority'' shall
include but not be limited to natural and stepparents, grandparents, aunts, uncles or siblings.
(8) (9) An offense is committed either when every element occurs, or, if a legislative
purpose to prohibit a continuing offense plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated. Time starts to run on the day
after the offense is committed.
(9) (10) A prosecution is commenced when a complaint or information is filed, or an
indictment returned, and a warrant thereon is delivered to the sheriff or other officer for
execution. No such prosecution shall be deemed to have been commenced if the warrant
so issued is not executed without unreasonable delay.'';
Also on page 5, in line 3, by striking ``21-4310'' and by inserting ``21-3106, as amended
by section 2 of 1998 House Bill No. 2025,'';
On page 1, in the title, in line 15, by striking ``relating to''; also in line 15, by striking
``re-''; in line 16, by striking ``lating to''; also in line 16, by striking ``relating to cruelty to
ani-''; in line 17, by striking ``mals'' and inserting ``time limitations on prosecutions for certain
crimes''; in line 18, by striking ``21-4310'' and inserting ``21-3106, as amended by section 2
of 1998 House Bill No. 2025,''
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
Dick Bond
Greta Goodwin Conferees on part of Senate
On motion of Rep. Carmody, the conference committee report on SB 449 was adopted.
On roll call, the vote was: Yeas 104; Nays 15; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Allen, Aurand, Gregory, O'Neal, Packer.
EXPLANATION OF VOTE
Mr. Speaker: So now, extreme cruelty to animals (``Scruffy's Law'') is gone.
Pathologic violence is degenerative. Psychopaths bully defenseless creatures at first then,
with the aid of weaponry, stealth or legislative power work their way up to abuse, torture,
even kill creatures these perverts perceive as weaker.
The U.S. Humane Society; Reps. Garner and Carmody effectively educated the house
on early detection (via felony animal cruelty) and treatment of these future sociopaths. But,
headstrong a Senate refused to listen . . .
That no other creature ``deemed harmless to society'' is tortured/executed by an irre-
sponsible Legislature (as the Farmer amendment here offers); I still vote ``yes'' on SB 449.--
David Haley
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2837, submits the following report:
The Senate recedes from all of its 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 3, following line 5, by inserting a new section as follows:
``Sec. 3. K.S.A. 1997 Supp. 72-5126 is hereby amended to read as follows: 72-5126. (a)
The board of education of any school district may enter into contracts with:
(1) The governing authority of any nonpublic school or any child-care institution for the
provision of meals for children in attendance at such nonpublic school or child-care insti-
tution; and
(2) the governing body of any municipality for the provision of meals to persons for whom the municipality is responsible for providing meals.
(b) Any such contract entered into by a board of education pursuant to the provisions of this section shall provide for payment by the nonpublic school or, child-care institution, or municipality, as applicable, of the costs incurred by the school district. Moneys received
by a school district under any such contract entered into pursuant to the provisions of this section shall be deposited in the food service fund of the district and may be expended
whether budgeted or not.
(b) (c) The provisions contained in article 51 of chapter 72 of Kansas Statutes Annotated,
except the provisions contained in K.S.A. 72-5117 and 72-5118, and amendments thereto,
shall apply to meals provided by the board of education of a school district under any contract
entered into pursuant to the provisions of this section.
(c) (d) As used in this section, the term ``nonpublic school'' means a nonpublic school
approved by the state board of education for participation in food service programs defined
in K.S.A. 72-5112, and amendments thereto, and the term ``child-care institution'' has the
meaning ascribed thereto in K.S.A. 72-5124, and amendments thereto, and the term ``mu- nicipality'' means any county, township, city, or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.'';
By renumbering sections 3 and 4 as sections 4 and 5, respectively;
Also on page 3, in line 6, by striking ``and'' and inserting a comma; also in line 6, after
``65-508'', by inserting ``and 72-5126'';
In the title, in line 10, after ``concerning'', by inserting ``schools and school districts;
relating to the regulation of''; also in line 10, after the semicolon, by inserting ``authorizing
boards of education to enter into contracts with municipalities for food service;''; in line 11,
after ``503'', by striking ``and'' and inserting a comma; also in line 11, after ``65-508'', by
inserting ``and 72-5126'';
And your committee on conference recommends the adoption of this report.
Barbara Lawrence
Audrey Langworthy
Christine Downey
Conferees on part of Senate
Michael R. O'Neal
Eugene L. Shore
Bill Reardon Conferees on part of House
On motion of Rep. Shore, the conference committee report on HB 2837 was adopted.
On roll call, the vote was: Yeas 116; Nays 3; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Allen, Aurand, Gregory, O'Neal, Packer.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 554, 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 all after the enacting clause; by striking pages 2 through 4;
On page 5, by striking all before line 7 and inserting sections as follows:
``Section 1. K.S.A. 1997 Supp. 74-8401, as amended by section 7 of 1998 Senate Bill
No. 487, is hereby amended to read as follows: 74-8401. (a) There shall be allowed as a
credit against the tax imposed by the Kansas income tax act on the Kansas taxable income
of a taxpayer and against the tax imposed by K.S.A. 40-252 and amendments thereto on
insurance companies for cash investment in a certified local seed capital pool an amount
equal to 25% of such taxpayer's cash investment in any such pool in the taxable year in
which such investment is made and the taxable years following such taxable year until the
total amount of the credit is used. The amount by which that portion of the credit allowed
by this section exceeds the taxpayer's liability in any one taxable year may be carried forward
until the total amount of the credit is used. If the taxpayer is a corporation having an election
in effect under subchapter S of the federal internal revenue code or a partnership, the credit
provided by this section shall be claimed by the shareholders of such corporation or the
partners of such partnership in the same manner as such shareholders or partners account
for their proportionate shares of the income or loss of the corporation or partnership.
(b) The total amount of credits allowable pursuant to this section and credits allowable
pursuant to K.S.A. 74-8205, 74-8206 and 74-8304, and amendments thereto, shall be at-
tributable to not more than $50,000,000 of cash investments in Kansas venture capital
companies, Kansas Venture Capital, Inc. and local seed capital pools. With respect to the
additional amount of cash investments made eligible for tax credits by this act, $10,000,000
of such amount shall be dedicated and reserved until December 31, 1990, for cash invest-
ments in a seed capital fund or funds in which the Kansas technology enterprise corporation,
or its subsidiaries, is an investor. The $50,000,000 amount of cash investments now eligible
for the tax credits allowed pursuant to this section and K.S.A. 74-8205, 74-8206 and 74-
8304 and amendments thereto shall be reduced to the extent that the total amount of cash
investments received by such seed capital fund or funds before January 1, 1991, is less than
$10,000,000. However, any such credits which were not claimed for investments made prior
to January 1, 1991, may be allowed to a taxpayer for cash investment made in Kansas Venture
Capital, Inc. pursuant to K.S.A. 74-8205 and 74-8206, and amendments thereto, not to
exceed $2,595,236 of the $10,000,000 reserved under this subsection for investment in seed
capital funds in which the Kansas technology enterprise corporation or its subsidiaries was
an investor. A taxpayer may also be allowed a credit for cash investment made pursuant to K.S.A. 74-8304, and amendments thereto not to exceed $6,012,345 of the $10,000,000 re- served under this subsection if such taxpayer first purchases the entire interest of the Kansas technology enterprise corporation or its subsidiaries in Kansas venture capital companies established prior to January 1, 1991. However, no credit shall be allowed for cash investment which results in the purchase of the interest of the Kansas technology enterprise corporation or its subsidiaries in Kansas venture capital companies established prior to January 1, 1991.
(c) As used in this section, (1) ``local seed capital pool'' means money invested in a fund
established to provide funding for use by small businesses for any one or more of the
following purposes: (A) Development of a prototype product or process; (B) a marketing
study to determine the feasibility of a new product or process; or (C) a business plan for
the development and production of a new product or process;
(2) ``Kansas business'' means any small business owned by an individual, any partnership,
association or corporation domiciled in Kansas, or any corporation, even if a wholly owned
subsidiary of a foreign corporation, that does business primarily in Kansas or does substan-
tially all of its production in Kansas.
(d) No credit from income tax liability shall be allowed for cash investment in a local
seed capital pool unless: (1) The amount of private cash investment therein is $200,000 or
more; (2) the moneys necessary to administer and operate the pool are funded from sources
other than the private and public cash investments; and (3) funds invested by the local seed
capital pool shall be invested at 100% in Kansas businesses.
(e) Public funds may be invested in a local seed capital pool except that each dollar of
public funds, other than that which may be used to administer and operate a pool, shall be
matched by not less than $2 of private cash investment. Public funds shall have a senior
position to any private cash investment and may receive a lower rate of return than that
allowable for a private cash investment.
(f) The provisions of this section, and amendments thereto, shall be applicable to all
taxable years commencing after December 31, 1986.
Sec. 2. K.S.A. 1997 Supp. 74-8401, as amended by section 7 of 1998 Senate Bill No.
487, is hereby repealed.'';
And by renumbering the existing section;
In the title, in line 17, by striking all after ``amending''; in line 18, by striking all before
``and'' and inserting ``K.S.A. 1997 Supp. 74-8401, as amended by section 7 of 1998 Senate
Bill 487,''; also in line 18, by striking ``sections'' and inserting ``section'';
And your committee on conference recommends the adoption of this report.
William G. Mason
Jene Vickery
Broderick T. Henderson
Conferees on part of House
Alicia L. Salisbury
Pat Ranson
Jim Barone Conferees on part of Senate
On motion of Rep. Mason, the conference committee report on SB 554 was adopted.
On roll call, the vote was: Yeas 78; Nays 41; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Allen, Aurand, Gregory, O'Neal, Packer.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to HOUSE Substitute for SB 671, 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 all in lines 16 through 19;
And by renumbering sections accordingly;
On page 3, in line 23, by striking all after ``violence''; in line 24, by striking all before the
period;
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
Edward W. Pugh
Greta Goodwin Conferees on part of Senate
On motion of Rep. Carmody, the conference committee report on H. Sub. for SB 671
was adopted.
On roll call, the vote was: Yeas 119; Nays 0; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Allen, Aurand, Gregory, O'Neal, Packer.
REPORTS OF STANDING COMMITTEES
The Committee on Federal and State Affairs recommends SB 561, as amended by
House Committee, be amended on page 1, by striking all in lines 17 through 43;
On page 2, by striking all in lines 1 through 43;
On page 3, by striking all in lines 1 through 3 and inserting the following:
``Section 1. K.S.A. 1997 Supp. 8-237 is hereby amended to read as follows: 8-237. The
division of vehicles shall not issue any driver's license to any person:
(a) Who is under the age of 16 years, except that the division may issue a restricted
class C or M license, as provided in this act, to any person who: (1) Is at least 15 years of
age; (2) has successfully completed an approved course in driver training; and (3) upon the
written application of the person's parent or guardian. Except as hereafter provided, the
application of the parent or guardian shall be submitted to the division. The governing body
of any city, by ordinance, may require the application of any person who is under 16 years
of age and who resides within the city to be first submitted to the chief law enforcement
officer of the city. The board of county commissioners of any county, by resolution, may
require the application of any person who is under 16 years of age and who resides within
the county and outside the corporate limits of any city to be first submitted to the chief law
enforcement officer of the county. No ordinance or resolution authorized by this subsection
shall become effective until a copy of it is transmitted to the division of vehicles. The chief
law enforcement officer of any city or county which has adopted the ordinance or resolution
authorized by this subsection shall make a recommendation on the application as to the
necessity for the issuance of the restricted license, and the recommendation shall be trans-
mitted, with the application, to the division of vehicles. If the division finds that it is necessary
to issue the restricted license, it shall issue a driver's license to the person.
A restricted class C license issued under this subsection shall entitle the licensee, while
possessing the license, to operate any motor vehicle in class C, as designated in K.S.A. 8-
234b, and amendments thereto. A restricted class M license shall entitle the licensee, while
possessing such license, to operate a motorcycle. The restricted license shall entitle the
licensee to operate the appropriate vehicle at any time:
(1) While going to or from or in connection with any job, employment or farm-related
work;
(2) on days while school is in session, over the most direct and accessible route between
the licensee's residence and school of enrollment for the purposes of school attendance;
(3) when the licensee is operating a passenger car, at any time when accompanied by
an adult who is the holder of a valid commercial driver's license, class A, B or C driver's
license and who is actually occupying a seat beside the driver; or
(4) when the licensee is operating a motorcycle, at any time when accompanied by an
adult who is the holder of a valid class M driver's license and who is operating a motorcycle
in the general proximity of the licensee.
Any licensee issued a restricted license under this subsection shall not operate any motor
vehicle with nonsibling minor passengers and any conviction for violating this provision shall be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amend- ments thereto.
A restricted driver's license issued under this subsection is subject to suspension or rev-
ocation in the same manner as any other driver's license. In addition, the division may
suspend the restricted driver's license upon receiving satisfactory evidence that: (1) The
licensee has violated the restriction of the license, (2) the licensee has been involved in two
or more accidents chargeable to the licensee; or (3) the recommendation of the chief law
enforcement officer of any city or county requiring the recommendation has been with-
drawn. The suspended license shall not be reinstated for one year or until the licensee
reaches the age of 16, whichever period is longer.
Any licensee issued a restricted license under this subsection on and after July 1, 1998, shall provide prior to reaching 16 years of age, a signed affidavit of either a parent or guardian, stating that the applicant has completed at least 50 hours of adult supervised driving with at least 10 of those hours being at night. The required adult supervised driving shall be conducted by an adult who is the holder of a valid commercial driver's license, class A, B or C driver's license.
Any licensee issued a restricted license under this subsection who: (1) Is under the age of 16 years and is convicted of two or more moving traffic violations committed on separate occasions shall not be eligible to receive a driver's license which is not restricted in accord- ance with the provisions of this subsection until the person reaches 17 years of age; or (2) fails to provide the required affidavit stating that the licensee has completed at least 50 hours of adult supervised driving with 10 of those hours being at night shall not be eligible to receive a driver's license which is not restricted in accordance with the provisions of this subsection until the person provides such affidavit to the division or the person reaches 17 years of age, whichever occurs first.
(b) Who is under the age of 18 years, except as provided in K.S.A. 1997 Supp. 8-2,147,
and amendments thereto, for the purpose of driving a commercial or class A or B motor
vehicle.
(c) Whose license is currently revoked, suspended or canceled in this or any other state,
except as provided in K.S.A. 8-256, and amendments thereto.
(d) Who is a habitual drunkard, habitual user of narcotic drugs or habitual user of any
other drug to a degree which renders the user incapable of safely driving a motor vehicle.
(e) Who has previously been adjudged to be afflicted with or suffering from any mental
disability or disease and who, at the time of making application for a driver's license, has
not been restored to capacity in the manner provided by law. Application of this limitation
to any person known to have suffered any seizure disorder is subject to the provisions of
paragraph (7) of subsection (e) of K.S.A. 8-247, and amendments thereto.
(f) Who is required by the motor vehicle drivers' license act to take an examination,
unless the person has successfully passed the examination.
(g) Who is at least 16 years of age and less than 17 years of age, who is applying for a
driver's license for the first time since reaching 16 years of age and who, three times or
more, has been adjudged to be a traffic offender under the Kansas juvenile code or a juvenile
offender under the Kansas juvenile justice code, by reason of violation of one or more
statutes regulating the movement of traffic on the roads, streets or highways of this state,
except that, in the discretion of the director, the person may be issued a driver's license
which is restricted in the manner the division deems to be appropriate. No person described
by this subsection shall be eligible to receive a driver's license which is not restricted until
the person has reached the age of 17 years.
Sec. 2. K.S.A. 1997 Supp. 8-239 is hereby amended to read as follows: 8-239. (a) Any
person who is at least 14 years of age may apply to the division for an instruction permit.
The division may in its discretion, after the applicant has successfully passed all parts of the
examination other than the driving test, issue to the applicant an instruction permit which
shall entitle the applicant while having such permit in such person's immediate possession
to drive a passenger car upon the public highways for a period of one year subject to the
restrictions herein contained. The division may issue an instruction or restricted instruction
permit to any person who is at least 14 years of age and under the age of 16 years only upon
the written application of a parent or guardian of the minor. The one having the instruction
permit may operate a passenger car at any time when accompanied by an adult who is the
holder of a valid commercial driver's license, class A, B or C driver's license, who has had
at least one year of driving experience and who is occupying a seat beside the driver. Any
person who is at least 14 years of age may apply for an instruction permit to operate a
motorcycle either separate from or in conjunction with an instruction permit to operate a
passenger car, and such permit shall entitle the permittee to operate a motorcycle if such
person is accompanied by an adult who is the holder of a valid class M driver's license, who
has had at least one year of driving experience and who is riding a motorcycle in the general
proximity of the permittee.
(b) The division upon receiving proper application may issue in its discretion a restricted
instruction permit effective for a school year or for a more restricted period to an applicant
who is at least 14 years of age and who is enrolled in a driver-education program which
includes practice driving and which is approved by the division, even though the applicant
has not reached the legal age to be eligible for a driver's license. Such instruction permit
shall entitle the permittee when the person has such permit in such person's immediate
possession to operate a passenger car only on a designated highway or within a designated
area but only when an approved instructor is occupying a seat beside the permittee or when
such permit has been endorsed by an approved instructor to operate a passenger car with
a parent or guardian who is the holder of a valid commercial driver's license, class A, B or
C driver's license, who has had at least one year of driving experience and who is occupying
a seat beside the driver.
(c) The division, in its discretion, may issue a temporary driver's permit to an applicant
for a classified driver's license permitting the applicant to operate a motor vehicle within
such classification while the division is completing its investigation and determination of all
facts relative to such applicant's right to receive a driver's license. The division may issue
such a temporary driver's permit to any applicant whose employer certifies that such permit
is necessary to complete seasonal agricultural operations of the employer. Any such tem-
porary driver's permit issued pursuant to this subsection shall be in the immediate possession
of the permittee while operating a motor vehicle, and it shall be invalid on the date specified
thereon, which shall not be more than 15 days after its issuance, or when the applicant's
license has been issued or for good cause has been refused.
Sec. 3. K.S.A. 1997 Supp. 8-296 is hereby amended to read as follows: 8-296. (a) Any
person who is less than 16 years of age but is at least 14 years of age and who resides upon
a farm in this state or is employed for compensation upon a farm in this state may apply to
the division of vehicles for a farm permit authorizing such person, while possessing the
permit, to operate any motor vehicle in class C, as designated in K.S.A. 8-234b, and amend-
ments thereto. The farm permit shall entitle the licensee to operate such motor vehicles at
any time:
(1) While going to or from or in connection with any farm job, employment or other
farm-related work;
(2) on days while school is in session, over the most direct and accessible route between
the licensee's residence and school of enrollment for the purpose of school attendance; or
(3) when the licensee is operating a passenger car at any time when accompanied by an
adult who is the holder of a valid commercial driver's license, class A, B or C driver's license
and who is actually occupying a seat beside the driver.
(b) A farm permit shall be issued only if:
(1) The applicant can prove that such applicant resides or works on a farm;
(2) the applicant has successfully completed the examination requirements in K.S.A.
8-235d, and amendments thereto; and
(3) the applicant submits the signed affidavit of either a parent or guardian, stating that
the applicant lives on a farm or, if the applicant does not live on a farm but works on a farm,
the applicant submits the signed affidavit of the applicant's employer and parent or guardian,
attesting to such employment.
(c) Any licensee issued a farm permit under this section shall not operate any motor
vehicle with nonsibling minor passengers and any conviction for violating this provision shall be construed as a moving traffic violation for the purpose of K.S.A. 8-255, and amend- ments thereto.
(d) As used in this section, ``farm'' means any parcel of land larger than 20 acres which
is used in agricultural operations.
(e) A farm permit issued under this section is subject to suspension or revocation in the
same manner as any other driver's license. A person who has been issued a farm permit and
who violates this section by driving beyond the scope allowed in subsection (a) shall lose
the farm permit and shall be issued no other driver's license for a period of one year or
until the person reaches 16 years of age, whichever period is longer.
(f) Any licensee issued a farm permit under this section on and after July 1, 1998, shall provide prior to reaching 16 years of age, a signed affidavit of either a parent or guardian, stating that the applicant has completed at least 50 hours of adult supervised driving with at least 10 of those hours being at night. The adult supervised driving required by this paragraph shall be conducted by an adult who is the holder of a valid commercial driver's license, class A, B or C driver's license.
(g) Any licensee issued a farm permit under this section who: (1) Is under the age of 16 years and is convicted of two or more moving traffic violations committed on separate oc- casions shall not be eligible to receive a driver's license which is not restricted in accordance with the provisions of subsection (a), until the person reaches 17 years of age; or (2) fails to provide the affidavit required under paragraph (4) of subsection (b), shall not be eligible to receive a driver's license which is not restricted in accordance with the provisions of sub- section (a), until the person provides such affidavit to the division or the person reaches 17 years of age, whichever occurs first.
Sec. 4. K.S.A. 1997 Supp. 8-237, 8-239 and 8-296 are hereby repealed.'';
Also on page 3, in line 4, by striking ``6.'' and inserting ``5.'';
On page 1, in the title, in line 14, by striking all following ``concerning'' and inserting
``driver's licenses; providing certain restrictions; amending K.S.A. 1997 Supp. 8-237, 8-239
and 8-296 and repealing the existing sections.''; and the bill be passed as amended.
INTRODUCTION OF ORIGINAL MOTIONS
On emergency motion of Rep. Jennison, pursuant to House Rule 2311, SB 561 was
advanced to Final Action on Bills and Concurrent Resolutions, subject to amendment, de-
bate and roll call.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Committee report to SB 561 was adopted.
SB 561, An act concerning driver's licenses; providing certain restrictions; amending
K.S.A. 1997 Supp. 8-237, 8-239 and 8-296 and repealing the existing sections, was consid-
ered on final action.
On roll call, the vote was: Yeas 64; Nays 55; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Allen, Aurand, Gregory, O'Neal, Packer.
The bill passed, as amended.
MESSAGE FROM THE SENATE
The Senate adopts the conference committee report to agree to disagree on Sub. HB 2704, requests a new conference committee, and has appointed Senators Kerr, Salisbury
and Petty as second conferees on the part of the Senate.
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, to suspend the rules for the purpose of con-
sidering Sub. HB 2704; SB 510, the motion did not prevail.
The House stood at ease until 5:00 p.m.
______
May 2, 1998
Speaker Shallenburger called the House to order.
MESSAGE FROM THE SENATE
Announcing passage of HB 2758, 3035, 3036.
The Senate adopts conference committee report on HB 2782.
The Senate adopts conference committee report on SB 449.
The Senate adopts conference committee report on SB 554.
The Senate adopts conference committee report on H. Sub. for SB 671.
The President announced the appointment of Senator Hensley as a member of the con-
ference committee on SB 510 to replace Senator Downey.
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 HB 2782; SB 510.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2782, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:
On page 1, by striking all in line 43;
On page 2, by striking all in lines 1 through 20 and inserting a new subsection:
``(d) (1) A vehicle may be loaded with bales of hay which shall not exceed 12 feet in
width and a height as authorized by K.S.A. 8-1904, and amendments thereto, but vehicles
so loaded shall not be moved on any highway designated as a part of the national network
of highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments
thereto, or under paragraph (2) of this subsection.
(2) A farm vehicle may be loaded with bales of hay which shall not exceed 12 feet in
width and a height as authorized by K.S.A. 8-1904, and amendments thereto, but vehicles
so loaded shall not be moved on any highway designated as a part of the national system of
interstate and defense highways. As used in this paragraph ``farm vehicle'' means a truck or
truck tractor registered under K.S.A. 8-143, and amendments thereto, as a farm truck or
truck tractor and used in combination with any type of trailer or semitrailer.
(3) Any such vehicles under paragraphs (1) or (2) so loaded shall not be moved during
the period beginning 30 minutes after sunset and ending 30 minutes before sunrise. Any
vehicle loaded with bales of hay as authorized by the exception in this subsection, with the
load extending beyond 81/2 feet, shall have attached thereto a sign which states ``OVERSIZE
LOAD'' and the dimensions of the sign shall be a minimum of seven feet long and 18 inches
high. Letters shall be a minimum of 10 inches high with a brush stroke of not less than 12/5
inches. The sign shall be readily visible from a distance of 500 feet and shall be removed
when the vehicle or load does not exceed the legal width. Each vehicle shall be equipped
with red flags on all four corners of the oversized load.'';
On page 3, in line 38, by striking all following ``(2)'' and inserting ``twenty-five dollars for
a five-year permit for''; in line 39, by striking ``paragraph (2) of'';
On page 5, in line 8, by striking all after ``(j)''; by striking all of lines 9 through 20; in line
21, by striking all preceding ``a'' and inserting ``Except as provided in paragraph (2) of
subsection (d) of K.S.A. 8-1902, and amendments thereto,''; in line 34, preceding ``subsec-
tion'' by inserting ``paragraph (3) of'';
And your committee on conference recommends the adoption of this report.
Ben Vidricksen
Nick Jordan
Mark Gilstrap
Conferees on part of Senate
Gary K. Hayzlett
Andrew Howell
Herman Dillon Conferees on part of House
On motion of Rep. Hayzlett, the conference committee report on HB 2782 was adopted.
On roll call, the vote was: Yeas 110; Nays 7; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Allen, Aurand, Farmer, Glasscock, Gregory, O'Neal, Packer.
CHANGE OF CONFEREES
Speaker Shallenburger announced the appointment of Rep. Empson as a member of the
conference committee on SB 510 to replace Rep. Shore. Also, the appointment of Rep.
Shore to replace Rep. O'Neal.
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, to suspend the rules for the purpose of con-
sidering Sub. HB 2704, the motion did not prevail.
The House stood at ease until 6:30 p.m.
______
Speaker Shallenburger called the House to order.
MESSAGE FROM THE SENATE
Announcing adoption of HCR 5058. The Senate adopts conference committee report on HB 2185.
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
ofconsidering SB 404; HB 2185.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 404, 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 all in lines 18 through 43;
By striking all on page 2;
On page 3, by striking all in lines 1 through 16;
And by renumbering sections accordingly;
On page 1, in the title, in line 11, by striking all after the semicolon; by striking all in lines
12 and 13; in line 14, by striking all before ``amend-'';
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
Alicia L. Salisbury
Jim Barone Conferees on part of Senate
On motion of Rep. Carmody, the conference committee report on SB 404 was adopted.
On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Allen, Aurand, Gregory, Landwehr, O'Neal, Packer.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 510, submits the following report:
The House recedes from its Committee of the Whole amendments to the bill;
The Senate accedes to the House Committee amendments to the bill;
And your committee on conference agrees to further amend the bill, as printed with
House Committee amendments, as follows:
On page 1, in line 15, before ``K.S.A.'', by inserting ``On July 1, 1998,''; also in line 15,
after ``76-729'', by inserting ``shall be and'';
On page 2, following line 37, by inserting three new sections as follows:
``Sec. 2. On July 1, 1998, K.S.A. 1997 Supp. 71-301 shall be and is hereby amended to
read as follows: 71-301. (a) The board of trustees shall charge to and collect from each
student tuition at rates per credit hour enrolled which shall be established by the board of
trustees.
(b) The board of trustees, in accordance with rules and regulations of the state board,
shall determine an amount of out-district tuition to be charged for each out-district student
attending the community college. The board of county commissioners of any county charged
with payment of out-district tuition shall levy a tax on all of the taxable property of the
county sufficient to pay all out-district tuition charges authorized by this act. The proceeds
from the tax levied under authority of this section shall be deposited in a special fund for
payment of out-district tuition. Upon receiving a statement of charges for out-district tuition,
the board of county commissioners shall allow and pay the same from the special fund
within 45 days from the receipt of such statement. If there is insufficient or no money in
the special fund, out-district tuition shall be paid from the county general fund or from the
proceeds of the sale of no-fund warrants issued for the purpose of the payment of out-
district tuition. If the board of county commissioners fails to pay such amount at the time
required under this subsection, the board of trustees shall notify the state board of such
failure to pay and shall certify to the state board the amount to be paid. Upon receipt by
the state board of such notification, the amount to be paid as certified to the state board
shall become an amount due and owing to the state board. The state board shall notify the
board of county commissioners that this amount is now due and owing to the state board.
If the board of county commissioners fails to pay such amount to the state board within 14
days of the receipt of such notification, the state board shall initiate proceedings under
K.S.A. 75-6201 et seq. for the collection of such money. Money paid to or collected by the
state board under this subsection shall be deposited in the out-district tuition suspense
account which is hereby created in the state treasury. The state board shall pay moneys
from this account, in accordance with rules and regulations of the state board, to the com-
munity colleges entitled to receive such money.
(c) The total out-district tuition charged by a community college shall be an amount
equal to the number of duly enrolled out-district students times $24 for each credit hour
of each such student.
(d) (1) Out-district tuition shall only be charged for credit hours of out-district students
if such students, as determined by the state board, have not more than 64 credit hours from
any institution of postsecondary education or the students have not more than 72 credit
hours and are enrolled in terminal type nursing courses or freshman-sophomore level preen-
gineering courses.
(2) The credit hour limitations prescribed by provision (1) of this subsection do not
apply to credit hours of out-district students if such students, as determined by the state
board, are enrolled in an approved vocational education program at a community college
for the purpose of receiving vocational or technical training or retraining in preparation for
gainful employment.
(3) The provisions of this subsection shall expire on June 30, 1999.
(e) In May of each fiscal year, the board of trustees shall notify the board of county
commissioners of the approximate amount of out-district tuition which will be charged to
the county in the succeeding fiscal year.
(f) Expenditures for out-district tuition shall be exempt from the budget law of this state
to the extent of such payments not anticipated in the budget of the county.
Sec. 3. K.S.A. 1997 Supp. 71-609 is hereby amended to read as follows: 71-609. (a) No
out-district tuition charges, no out-district state aid entitlement, no credit-hour state aid
entitlement, and no general state aid entitlement shall be based upon credit hours in any
subject or course the principal part of which is taught at a location outside the county of
the main campus of the community college, unless the location of such subject or course is
specifically authorized by the state board of education.
(b) (1) No out-district tuition charges and no out-district state aid entitlement shall be
based upon credit hours in any subject or course which is taught in a county in which the
main campus of a state educational institution is located, unless the teaching of such subject
or course is specifically authorized by the chief executive officer of the state educational
institution or by a designee of the chief executive officer. The chief executive officer of each
state educational institution may designate and authorize a person or committee to act on
behalf of the chief executive officer in granting the authorizations required by this subsec-
tion. No authorization required by this subsection shall be considered to be or construed in
any manner as an agreement provided for by subsection (c).
(2) For the purposes of this subsection, the term ``main campus of a state educational
institution'' as applied to Kansas state university of agriculture and applied science means
and includes the campus of the university located in Riley county and the campus of the
university's college of technology located in Saline county.
(3) The provisions of this subsection are subject to the provisions of subsection (c).
(c) (1) No out-district tuition charges shall be based upon credit hours in any subject
or course all or the principal part of which is taught at Fort Hays state university or at
Wichita state university under an agreement for the teaching of such subject or course
entered into by a community college and either such university. An agreement entered into
under the provisions of this subsection for the teaching of a subject or course by a community
college at Fort Hays state university or at Wichita state university shall constitute the au-
thorization required by subsection (b) for the teaching of such subject or course, and no
separate authorization under subsection (b) shall be required.
(2) The provisions of this subsection shall expire on June 30, 1998 2000, unless amended
by act of the legislature prior to such date.
Sec. 4. K.S.A. 1997 Supp. 71-609 is hereby repealed.'';
By renumbering sections 2 and 3 as sections 5 and 6, respectively;
Also on page 2, in line 38, before ``K.S.A.'', by inserting ``On July 1, 1998,''; also in line
38, by striking ``is'' and inserting ``and K.S.A. 1997 Supp. 71-301 shall be and are''; in line
40, by striking ``statute book'' and inserting ``Kansas register'';
In the title, in line 10, after ``concerning'', by inserting ``higher education; affecting resi-
dence requirements for students enrolling at''; also in line 10, after the semicolon, by in-
serting ``providing for expiration of certain limitations upon determination of out-district
tuition and state aid for community colleges;''; also in line 10, by striking ``resi-''; in line 11,
by striking all before the semicolon and inserting ``subjects and courses taught by community
colleges under agreements with certain state educational institutions''; also in line 11, after
``and'', by inserting ``K.S.A. 1997 Supp. 71-301 and 71-609 and''; in line 12, by striking
``section'' and inserting ``sections'';
And your committee on conference recommends the adoption of this report.
Eugene L. Shore
Cindy Empson
Bill Reardon
Conferees on part of House
Barbara Lawrence
Audrey Langworthy
Anthony Hensley Conferees on part of Senate
On motion of Rep. Shore, the conference committee report on SB 510 was adopted.
On roll call, the vote was: Yeas 100; Nays 18; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Allen, Aurand, Gregory, Landwehr, O'Neal, Packer.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2185, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:
On page 1, in line 18, by striking ``1996'' and inserting ``1997'';
On page 2, in line 7, by striking ``1996'' and inserting ``1997'';
On page 7, by striking all in lines 20 and 21 and inserting in lieu thereof the following:
``Sec. 3. K.S.A. 1997 Supp. 39-923 is hereby amended to read as follows: 39-923. (a)
As used in this act:
(1) ``Adult care home'' means any nursing facility, nursing facility for mental health,
intermediate care facility for the mentally retarded, assisted living facility, residential health
care facility, home plus, boarding care home and adult day care facility, all of which clas-
sifications of adult care homes are required to be licensed by the secretary of health and
environment.
(2) ``Nursing facility'' means any place or facility operating 24 hours a day, seven days
a week, caring for six or more individuals not related within the third degree of relationship
to the administrator or owner by blood or marriage and who, due to functional impairments,
need skilled nursing care to compensate for activities of daily living limitations.
(3) ``Nursing facility for mental health'' means any place or facility operating 24 hours
a day, seven days a week caring for six or more individuals not related within the third
degree of relationship to the administrator or owner by blood or marriage and who, due to
functional impairments, need skilled nursing care and special mental health services to
compensate for activities of daily living limitations.
(4) ``Intermediate care facility for the mentally retarded'' means any place or facility
operating 24 hours a day, seven days a week caring for six or more individuals not related
within the third degree of relationship to the administrator or owner by blood or marriage
and who, due to functional impairments caused by mental retardation or related conditions
need services to compensate for activities of daily living limitations.
(5) ``Assisted living facility'' means any place or facility caring for six or more individuals
not related within the third degree of relationship to the administrator, operator or owner
by blood or marriage and who, by choice or due to functional impairments, may need
personal care and may need supervised nursing care to compensate for activities of daily
living limitations and in which the place or facility includes apartments for residents and
provides or coordinates a range of services including personal care or supervised nursing
care available 24 hours a day, seven days a week for the support of resident independence.
The provision of skilled nursing procedures to a resident in an assisted living facility is not
prohibited by this act. Generally, the skilled services provided in an assisted living facility
shall be provided on an intermittent or limited term basis, or if limited in scope, a regular
basis.
(6) ``Residential health care facility'' means any place or facility, or a contiguous portion of a place or facility, caring for six or more individuals not related within the third degree
or relationship to the administrator, operator or owner by blood or marriage and who, by
choice or due to functional impairments, may need personal care and may need supervised
nursing care to compensate for activities of daily living limitations and in which the place
or facility includes individual living units and provides or coordinates personal care or su-
pervised nursing care available on a 24-hour, seven-day-a-week basis for the support of
resident independence. The provision of skilled nursing procedures to a resident in a resi-
dential health care facility is not prohibited by this act. Generally, the skilled services pro-
vided in a residential health care facility shall be provided on an intermittent or limited term
basis, or if limited in scope, a regular basis.
(7) ``Home plus'' means any residence or facility caring for not more than five individuals
not related within the third degree of relationship to the operator or owner by blood or
marriage unless the resident in need of care is approved for placement by the secretary of
the department of social and rehabilitation services, and who, due to functional impairment,
needs personal care and may need supervised nursing care to compensate for activities of
daily living limitations. The level of care provided residents shall be determined by prepa-
ration of the operator and rules and regulations developed by the department of health and
environment.
(8) ``Boarding care home'' means any place or facility operating 24 hours a day, seven
days a week, caring for not more than 10 individuals not related within the third degree of
relationship to the operator or owner by blood or marriage and who, due to functional
impairment, need supervision of activities of daily living but who are ambulatory and essen-
tially capable of managing their own care and affairs.
(9) ``Adult day care'' means any place or facility operating less than 24 hours a day caring
for individuals not related within the third degree of relationship to the operator or owner
by blood or marriage and who, due to functional impairment need supervision of or assis-
tance with activities of daily living.
(10) ``Place or facility'' means a building or any one or more complete floors of a build-
ing, or any one or more complete wings of a building, or any one or more complete wings
and one or more complete floors of a building, and the term ``place or facility'' may include
multiple buildings.
(11) ``Skilled nursing care'' means services performed by or under the immediate su-
pervision of a registered professional nurse and additional licensed nursing personnel.
Skilled nursing includes administration of medications and treatments as prescribed by a
licensed physician or dentist; and other nursing functions which require substantial nursing
judgment and skill based on the knowledge and application of scientific principles.
(12) ``Supervised nursing care'' means services provided by or under the guidance of a
licensed nurse with initial direction for nursing procedures and periodic inspection of the
actual act of accomplishing the procedures; administration of medications and treatments
as prescribed by a licensed physician or dentist and assistance of residents with the per-
formance of activities of daily living.
(13) ``Resident'' means all individuals kept, cared for, treated, boarded or otherwise
accommodated in any adult care home.
(14) ``Person'' means any individual, firm, partnership, corporation, company, associa-
tion or joint-stock association, and the legal successor thereof.
(15) ``Operate an adult care home'' means to own, lease, establish, maintain, conduct
the affairs of or manage an adult care home, except that for the purposes of this definition
the word ``own'' and the word ``lease'' shall not include hospital districts, cities and counties
which hold title to an adult care home purchased or constructed through the sale of bonds.
(16) ``Licensing agency'' means the secretary of health and environment.
(17) ``Skilled nursing home'' means a nursing facility.
(18) ``Intermediate nursing care home'' means a nursing facility.
(19) ``Apartment'' means a private unit which includes, but is not limited to, a toilet
room with bathing facilities, a kitchen, sleeping, living and storage area and a lockable door.
(20) ``Individual living unit'' means a private unit which includes, but is not limited to,
a toilet room with bathing facilities, sleeping, living and storage area and a lockable door.
(21) ``Operator'' means an individual who operates an assisted living facility or residen-
tial health care facility with fewer than 61 residents, a home plus or adult day care facility
and has completed a course approved by the secretary of health and environment on prin-
ciples of assisted living and has successfully passed an examination approved by the licensing
agency on principles of assisted living and such other requirements as may be established
by the licensing agency by rules and regulations.
(22) ``Activities of daily living'' means those personal, functional activities required by
an individual for continued well-being, including but not limited to eating, nutrition, dress-
ing, personal hygiene, mobility, toileting.
(23) ``Personal care'' means care provided by staff to assist an individual with, or to
perform activities of daily living.
(24) ``Functional impairment'' means an individual has experienced a decline in physical,
mental and psychosocial well-being and as a result, is unable to compensate for the effects
of the decline.
(25) ``Kitchen'' means a food preparation area that includes a sink, refrigerator and a
microwave oven or stove.
(26) The term ``intermediate personal care home'' for purposes of those individuals
applying for or receiving veterans' benefits means residential health care facility.
(b) The term ``adult care home'' shall not include institutions operated by federal or
state governments, except institutions operated by the Kansas commission on veterans af-
fairs, hospitals or institutions for the treatment and care of psychiatric patients, child care
facilities, maternity centers, hotels, offices of physicians or hospices which are certified to
participate in the medicare program under 42 code of federal regulations, chapter IV, section
418.1 et seq. and amendments thereto and which provide services only to hospice patients.
(c) Facilities licensed under K.S.A. 39-1501 et seq. and amendments thereto or K.S.A.
75-3307b and amendments thereto or K.S.A. 39-923 as an intermediate personal care home
or with license applications on file with the licensing agency as intermediate personal care
homes on or before January 1, 1995, shall have the option of becoming licensed as either
an assisted living facility or a residential health care facility without being required to add
kitchens or private baths.
(d) Nursing facilities in existence on the effective date of this act changing licensure
categories to become residential health care facilities shall be required to provide private
bathing facilities in a minimum of 20% of the individual living units.
(e) Facilities licensed under the adult care home licensure act on the day immediately
preceding the effective date of this act shall continue to be licensed facilities until the annual
renewal date of such license and may renew such license in the appropriate licensure cat-
egory under the adult care home licensure act subject to the payment of fees and other
conditions and limitations of such act.
(f) Nursing facilities with less than 60 beds converting a portion of the facility to resi- dential health care shall have the option of licensing for residential health care for less than six individuals but not less than 10% of the total bed count within a contiguous portion of the facility.
(f) (g) The licensing agency may by rule and regulation change the name of the different
classes of homes when necessary to avoid confusion in terminology and the agency may
further amend, substitute, change and in a manner consistent with the definitions established
in this section, further define and identify the specific acts and services which shall fall
within the respective categories of facilities so long as the above categories for adult care
homes are used as guidelines to define and identify the specific acts.
Sec. 4. K.S.A. 39-1401 is hereby amended to read as follows: 39-1401. As used in this
act:
(a) ``Resident'' means:
(1) Any resident, as defined by K.S.A. 39-923 and amendments thereto; or
(2) any client cared for in an adult family home; or
(3) (2) any individual kept, cared for, treated, boarded or otherwise accommodated in
a medical care facility; or
(4)( any individual with mental retardation or a developmental disability receiving serv- ices through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto; or
(5) (3) any individual, kept, cared for, treated, boarded or otherwise accommodated in
a state psychiatric hospital or state institution for the mentally retarded.
(b) ``Adult care home'' has the meaning ascribed thereto in K.S.A. 39-923 and amend-
ments thereto.
(c) ``Adult family home'' has the meaning ascribed thereto in K.S.A. 39-1501 and amend- ments thereto.
(d) (c) ``In need of protective services'' means that a resident is unable to perform or
obtain services which are necessary to maintain physical or mental health, or both.
(e) (d) ``Services which are necessary to maintain physical and mental health'' include,
but are not limited to, the provision of medical care for physical and mental health needs,
the relocation of a resident to a facility or institution able to offer such care, assistance in
personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from
health and safety hazards, protection from maltreatment the result of which includes, but
is not limited to, malnutrition, deprivation of necessities or physical punishment and trans-
portation necessary to secure any of the above stated needs, except that this term shall not
include taking such person into custody without consent, except as provided in this act.
(f) (e) ``Protective services'' means services provided by the state or other governmental
agency or any private organizations or individuals which are necessary to prevent abuse,
neglect or exploitation. Such protective services shall include, but not be limited to, evalu-
ation of the need for services, assistance in obtaining appropriate social services and assis-
tance in securing medical and legal services.
(g) (f) ``Abuse'' means neglect, infliction of physical or mental injury or deprivation by a caretaker of services which are necessary to maintain physical and mental health any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to a resident, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with a resident when the resident does not consent or when the other person knows or should know that the resident is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm a resident;
(4) unreasonable use of a physical or chemical restraint, medication or isolation as pun- ishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the resident or another resident;
(5) a threat or menacing conduct directed toward a resident that results or might rea- sonably be expected to result in fear or emotional or mental distress to a resident;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness.
(h) (g) ``Neglect'' means the failure of a caretaker to maintain reasonable care and treatment to such an extent that the resident's health or emotional well-being is injured or omission by one's self, caretaker or another person to provide goods or services which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness.
(i) (h) ``Caretaker'' means a person or institution who has assumed the responsibility for
the care of the resident voluntarily, by contract or by order of a court of competent juris-
diction.
(j) (i) ``Exploitation'' means intentionally misappropriation of resident property or in- tentionally taking unfair advantage of an adult's physical or financial resources for another
individual's personal or financial advantage by the use of undue influence, coercion, ha-
rassment, duress, deception, false representation or false pretense by a caretaker or another
person.
(k) (j) ``Medical care facility'' means a facility licensed under K.S.A. 65-425 et seq. and
amendments thereto but shall not include, for purposes of this act, a state psychiatric hospital
or state institution for the mentally retarded, including Larned state hospital, Osawatomie
state hospital, Rainbow mental health facility, Topeka state hospital, Kansas neurological
institute, and Parsons state hospital and training center and Winfield state hospital and training center.
(k) ``Fiduciary abuse'' means a situation in which any person who is the caretaker of, or who stands in a position of trust to, a resident, takes, secretes, or appropriates the resi- dent's money or property, to any use or purpose not in the due and lawful execution of such person's trust.
(l) ``State psychiatric hospital'' means Larned state hospital, Osawatomie state hospital, and Rainbow mental health facility and Topeka state hospital.
(m) ``State institution for the mentally retarded'' means Kansas neurological institute, and Parsons state hospital and training center and Winfield state hospital and training center.
(n) ``Report'' means a description or accounting of an incident or incidents of abuse, neglect or exploitation under this act and for the purposes of this act shall not include any written assessment or findings.
(o) ``Law enforcement'' means the public office which is vested by law with the duty to maintain public order, make arrests for crimes and investigate criminal acts, whether that duty extends to all crimes or is limited to specific crimes.
No person shall be considered to be abused, neglected or exploited or in need of protec-
tive services for the sole reason that such person relies upon spiritual means through prayer
alone for treatment in accordance with the tenets and practices of a recognized church or
religious denomination in lieu of medical treatment.
Sec. 5. K.S.A. 39-1402 is hereby amended to read as follows: 39-1402. (a) Any person
who is licensed to practice any branch of the healing arts, a licensed psychologist, a licensed master level psychologist, a chief administrative officer of a medical care facility, an adult
care home administrator or operator, a licensed social worker, a licensed professional nurse or, a licensed practical nurse, a teacher, a bank trust officer, a guardian or a conservator
who has reasonable cause to believe that a resident is being or has been abused, neglected
or exploited, or is in a condition which is the result of such abuse, neglect or exploitation
or is in need of protective services, shall report immediately such information or cause a
report of such information to be made in any reasonable manner to the department of health
and environment with respect to residents defined under (a)(1) and (a)(3) (a)(2) of K.S.A.
39-1401 and amendments thereto and to the department of social and rehabilitation services
with respect to all other residents. Reports made to one department which are required by
this subsection to be made to the other department shall be referred by the department to
which the report is made to the appropriate department for that report, and any such report
shall constitute compliance with this subsection. Reports shall be made during the normal
working week days and hours of operation of such departments. Reports shall be made to
law enforcement agencies during the time the departments are not open for business. Law
enforcement agencies shall submit the report and appropriate information to the appropriate
department on the first working day that such department is open for business. A report
made pursuant to K.S.A. 65-4923 or 65-4924 and amendments thereto shall be deemed a
report under this section.
(b) The report made pursuant to subsection (a) shall contain the name and address of
the person making the report and of the caretaker caring for the resident, the name and
address of the involved resident, information regarding the nature and extent of the abuse,
neglect or exploitation, the name of the next of kin of the resident, if known, and any other
information which the person making the report believes might be helpful in an investigation
of the case and the protection of the resident.
(c) Any other person having reasonable cause to suspect or believe that a resident is
being or has been abused, neglected or exploited, or is in a condition which is the result of
such abuse, neglect or exploitation or is in need of protective services may report such
information to the department of health and environment with respect to residents defined
under (a)(1) and (a)(3) (a)(2) of K.S.A. 39-1401 and amendments thereto and to the de-
partment of social and rehabilitation services with respect to all other residents. Reports
made to one department which are to be made to the other department under this section
shall be referred by the department to which the report is made to the appropriate depart-
ment for that report.
(d) Notice of the requirements of this act and the department to which a report is to
be made under this act shall be posted in a conspicuous place in every adult care home, adult family home and medical care facility in this state.
(e) Any person required to report information or cause a report of information to be
made under subsection (a) who knowingly fails to make such report or cause such report to
be made shall be guilty of a class B misdemeanor.
Sec. 6. K.S.A. 1997 Supp. 39-1404 is hereby amended to read as follows: 39-1404. (a)
The department of social and rehabilitation services or the department of health and envi-
ronment or the department of social and rehabilitation services upon receiving a report that
a resident is being, or has been, abused, neglected or exploited, or is in a condition which
is the result of such abuse, neglect or exploitation or is in need of protective services, within 24 hours of receiving such report, shall initiate an investigation, including a personal visit with the resident and, within two weeks of receiving such report, shall complete the inves- tigation to determine if the resident is being or has been abused, neglected or exploited or is in a condition which is a result of such abuse, neglect or exploitation. The investigation shall include, but not be limited to, a visit to the named resident and consultation with those individuals having knowledge of the facts of the particular case. Upon completion of the investigation of each case, written findings shall be prepared which shall include a finding of whether there is or has been abuse, neglect or exploitation, recommended action and a determination of whether protective services are needed. If it appears that a crime has occurred, the appropriate law enforcement agency shall be notified by the department in- vestigating the report.
(b) The secretary of social and rehabilitation services shall maintain a register of the reports received and investigated by the department of social and rehabilitation services, the findings, evaluations and the actions recommended. The register shall be available for inspection by personnel of the department of social and rehabilitation services. The secretary of social and rehabilitation services shall forward a copy of any report of abuse, neglect or exploitation of a resident investigated by the department of social and rehabilitation services to the secretary of health and environment and, in the case of a report of abuse, neglect or exploitation of a resident of an adult family home, to the secretary of aging.
(c) The report received by the department of social and rehabilitation services and the written findings, evaluations and actions recommended shall not be deemed a public record or be subject to the provisions of the open records act. Except as otherwise provided in this section, or in K.S.A. 1997 Supp. 65-6205 and amendments thereto the name of the person making the original report to the department of social and rehabilitation services or any person mentioned in such report shall not be disclosed unless the person making the original report specifically requests or agrees in writing to such disclosure or unless a judicial pro- ceeding results therefrom. Except as otherwise provided in this section, no information contained in the register shall be made available to the public in such a manner as to identify individuals.
(d) The secretary of social and rehabilitation services shall forward any finding of abuse, neglect or exploitation alleged to be committed by a provider of services licensed, registered or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority.
(e)shall:
(1) When a criminal act has occurred or has appeared to have occurred, immediately notify the appropriate law enforcement agency;
(2) make a personal visit with the involved resident:
(A) Within 24 hours when the information from the reporter indicates imminent danger to the health or welfare of the involved resident;
(B) within three working days for all reports of suspected abuse, when the information from the reporter indicates no imminent danger; or
(C) within five working days for all reports of neglect or exploitation when the infor- mation from the reporter indicates no imminent danger.
(3) Complete, within 30 working days of receiving a report, a thorough investigation and evaluation to determine the situation relative to the condition of the involved resident and what action and services, if any, are required. The investigation shall include, but not be limited to, consultation with those individuals having knowledge of the facts of the par- ticular case; and
(4) prepare, upon a completion of the evaluation of each case, a written assessment which shall include an analysis of whether there is or has been abuse, neglect or exploitation; recommended action; a determination of whether protective services are needed; and any follow up.
(b) The department which investigates the report shall inform the complainant, upon
request of the complainant, that an investigation has been made and, if the allegations of
abuse, neglect or exploitation have been substantiated, that corrective measures will be taken if required.
(c) The department of health and environment may inform the chief administrative of- ficer of a facility as defined by K.S.A. 39-923 and amendments thereto of confirmed findings of resident abuse, neglect or exploitation.
Sec. 7. K.S.A. 39-1409 is hereby amended to read as follows: 39-1409. In performing
the duties set forth in this act, the secretary of social and rehabilitation services or the
secretary of health and environment may request the assistance of the staffs and resources
of all appropriate state departments, agencies and commissions and local health departments
and may utilize any other public or private agency, group or individual who is appropriate
and who may be available to assist such department in the investigation and determination
of whether a resident is being, or has been, abused, neglected or exploited or is in a condition
which is a result of such abuse, neglect or exploitation, except that any internal investigation conducted by any caretaker under investigation shall be limited to the least serious category of report as specified by the secretary of health and environment or the secretary of social and rehabilitation services, as applicable.
Sec. 8. K.S.A. 39-1430 is hereby amended to read as follows: 39-1430. As used in this
act:
(a) ``Adult'' means an individual 18 years of age or older alleged to be unable to protect
their own interest and who is harmed or threatened with harm through action or inaction
by either another individual or through their own action or inaction. Such term shall not include a resident as the term ``resident'' is defined under K.S.A. 39-1401 and amendments thereto when (1) such person is residing in such person's own home, the home of a family member or the home of a friend, (2) such person resides in an adult family home as defined in K.S.A. 39-1501 and amendments thereto, or (3) such person is receiving services through a provider of community services and affiliates thereof operated or funded by the department of social and rehabilitation services or the department on aging or a residential facility licensed pursuant to K.S.A. 75-3307b and amendments thereto. Such term shall not include persons to whom K.S.A. 39-1401 et seq. and amendments thereto apply.
(b) ``Abuse'' means the intentional infliction of injury, unreasonable confinement, fi- duciary abuse, intimidation, cruel punishment, omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness. any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to an adult, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with an adult when the adult does not consent or when the other person knows or should know that the adult is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm an adult;
(4) unreasonable use of a physical or chemical restraint, medication or isolation as pun- ishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the adult;
(5) a threat or menacing conduct directed toward an adult that results or might reason- ably be expected to result in fear or emotional or mental distress to an adult;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness.
(c) ``Neglect'' means the failure or omission by one's self, caretaker or another person
to provide goods or services which are reasonably necessary to ensure safety and well-being
and to avoid physical or mental harm or illness.
(d) ``Exploitation'' means misappropriation of an adult's property or intentionally taking
unfair advantage of an adult's physical or financial resources for another individual's personal
or financial advantage by the use of undue influence, coercion, harassment, duress, decep-
tion, false representation or false pretense by a caretaker or another person.
(e) ``Fiduciary abuse'' means a situation in which any person who is the caretaker of, or
who stands in a position of trust to, an adult, takes, secretes, or appropriates their money
or property, to any use or purpose not in the due and lawful execution of such person's
trust.
(f) ``In need of protective services'' means that an adult is unable to provide for or obtain
services which are necessary to maintain physical or mental health or both.
(g) ``Services which are necessary to maintain physical or mental health or both'' include,
but are not limited to, the provision of medical care for physical and mental health needs,
the relocation of an adult to a facility or institution able to offer such care, assistance in
personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from
health and safety hazards, protection from maltreatment the result of which includes, but
is not limited to, malnutrition, deprivation of necessities or physical punishment and trans-
portation necessary to secure any of the above stated needs, except that this term shall not
include taking such person into custody without consent except as provided in this act.
(h) ``Protective services'' means services provided by the state or other governmental
agency or by private organizations or individuals which are necessary to prevent abuse,
neglect or exploitation. Such protective services shall include, but shall not be limited to,
evaluation of the need for services, assistance in obtaining appropriate social services, and
assistance in securing medical and legal services.
(i) ``Caretaker'' means a person who has assumed the responsibility for an adult's care
or financial management or both.
(j) ``Secretary'' means the secretary of social and rehabilitation services.
(k) ``Report'' means a report of abuse, neglect or exploitation under this act description or accounting of an incident or incidents of abuse, neglect or exploitation under this act and for the purposes of this act shall not include any written assessment or findings.
(l) ``Law enforcement'' means the public office which is vested by law with the duty to
maintain public order, make arrests for crimes, investigate criminal acts and file criminal
charges, whether that duty extends to all crimes or is limited to specific crimes.
(m) ``Involved adult'' means the adult who is the subject of a report of abuse, neglect
or exploitation under this act.
No person shall be considered to be abused, neglected or exploited or in need of protec-
tive services for the sole reason that such person relies upon spiritual means through prayer
alone for treatment in accordance with the tenets and practices of a recognized church or
religious denomination in lieu of medical treatment.
Sec. 9. K.S.A. 39-1431 is hereby amended to read as follows: 39-1431. (a) Any person
who is licensed to practice any branch of the healing arts, a licensed psychologist, a licensed master level psychologist, the chief administrative officer of a medical care facility, a teacher,
a licensed social worker, a licensed professional nurse, a licensed practical nurse, a licensed
dentist, a law enforcement officer, a case manager, a guardian or conservator, a bank trust officer, a rehabilitation counselor, a holder of a power of attorney, an owner or operator of a residential care facility, an independent living counselor and the chief administrative of-
ficer of a licensed home health agency, the chief administrative officer of an adult family home and the chief administrative officer of a provider of community services and affiliates thereof operated or funded by the department of social and rehabilitation services or licensed under K.S.A. 75-3307b and amendments thereto who has reasonable cause to believe that
an adult is being or has been abused, neglected or exploited or is in need of protective
services shall report, within six hours immediately from receipt of the information, such
information or cause a report of such information to be made in any reasonable manner.
An employee of a domestic violence center shall not be required to report information or
cause a report of information to be made under this subsection. Other state agencies re-
ceiving reports that are to be referred to the department of social and rehabilitation services,
shall submit the report to the department within six hours, during normal work days, of
receiving the information. Reports shall be made to the department of social and rehabili-
tation services during the normal working week days and hours of operation. Reports shall
be made to law enforcement agencies during the time social and rehabilitation services are
not in operation. Law enforcement shall submit the report and appropriate information to
the department of social and rehabilitation services on the first working day that social and
rehabilitation services is in operation.
(b) The report made pursuant to subsection (a) shall contain the name and address of
the person making the report and of the caretaker caring for the involved adult, the name
and address of the involved adult, information regarding the nature and extent of the abuse,
neglect or exploitation, the name of the next of kin of the involved adult, if known, and any
other information which the person making the report believes might be helpful in the
investigation of the case and the protection of the involved adult.
(c) Any other person having reasonable cause to suspect or believe that an adult is being
or has been abused, neglected or exploited or is in need of protective services may report
such information to the department of social and rehabilitation services. Reports shall be
made to law enforcement agencies during the time social and rehabilitation services are not
in operation.
(d) A person making a report under subsection (a) shall not be required to make a
report under K.S.A. 39-1401 to 39-1410, inclusive, and amendments thereto. A person making a report under K.S.A. 39-1401 to 39-1410, inclusive, and amendments thereto, shall not be required to make a report under this act.
(e) Any person required to report information or cause a report of information to be
made under subsection (a) who knowingly fails to make such report or cause such report
not to be made shall be guilty of a class B misdemeanor.
(f) Notice of the requirements of this act and the department to which a report is to be made under this act shall be posted in a conspicuous place in every adult family home as defined in K.S.A. 39-1501 and amendments thereto and every provider of community serv- ices and affiliates thereof operated or funded by the department of social and rehabilitation services or other facility licensed under K.S.A. 75-3307b and amendments thereto.
Sec. 10. K.S.A. 39-1433 is hereby amended to read as follows: 39-1433. (a) The de-
partment of social and rehabilitation services upon receiving a report that an adult is being,
or has been abused, neglected, or exploited or is in need of protective services, shall:
(1) When a criminal act has occurred or has appeared to have occurred, immediately notify the appropriate law enforcement agency;
(1) (2) make a personal visit with the involved adult:
(A) Within 24 hours when the information from the reporter indicates imminent danger
to the health or welfare of the involved adult;
(B) within three working days for all reports of suspected abuse, when the information
from the reporter indicates no imminent danger;
(C) within five working days for all reports of neglect or exploitation when the infor-
mation from the reporter indicates no imminent danger.
(2) (3) Complete, within two weeks 30 working days of receiving a report, a thorough
investigation and evaluation to determine the situation relative to the condition of the in-
volved adult and what action and services, if any, are required. The evaluation shall include,
but not be limited to, consultation with those individuals having knowledge of the facts of
the particular case. When a criminal act has appeared to have occurred, law enforcement shall be notified immediately and If the alleged perpetrator is licensed, registered or oth-
erwise regulated by a state agency, such state agency also shall be notified immediately.
(3) (4) Prepare, upon completion of the evaluation investigation of each case, a written
assessment which shall include an analysis of whether there is or has been abuse, neglect
or exploitation, recommended action, a determination of whether protective services are
needed, and any follow-up.
(b) The secretary of social and rehabilitation services shall forward any finding of abuse, neglect or exploitation alleged to have been committed by a provider of services licensed, registered or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority.
(c) The department of social and rehabilitation services shall inform the complainant, upon request of the complainant, that an investigation has been made and if the allegations of abuse, neglect or exploitation have been substantiated, that corrective measures will be taken.
(d) The department of social and rehabilitation services may inform the chief adminis- trative officer of community facilities licensed pursuant to K.S.A. 75-3307b and amendments thereto of confirmed findings of resident abuse, neglect or exploitation.
Sec. 11. K.S.A. 39-1435 is hereby amended to read as follows: 39-1435. In performing
the duties set forth in this act, the secretary of social and rehabilitation services may request
the assistance of all state departments, agencies and commissions and may utilize any other
public or private agencies, groups or individuals who are appropriate and who may be
available. Law enforcement shall be contacted to assist the department of social and reha-
bilitation services when the information received on the report indicates that an adult,
residing in such adult's own home or the home of another individual, an adult family home, a community development disabilities facility or residential facility is in a life threatening
situation.
Sec. 12. K.S.A. 39-1440 is hereby amended to read as follows: 39-1440. Subsequent to
the authorization for the provision of necessary protective services, the secretary shall initiate
a review of each case within 45 60 days to determine where continuation of, or modification
in, the services provided is warranted. A decision to continue the provision of such services
shall comply with the consent provisions of this act. Reevaluations of the need for protective
services shall be made not less than every six months thereafter.
Sec. 13. K.S.A. 59-3036 is hereby amended to read as follows: 59-3036. (a) (1) If during
the pendency of a proceeding initiated under K.S.A. 59-3009 and amendments thereto, it
appears that there is an imminent danger that the physical health or safety of the proposed
ward will be seriously impaired or financial resources will be depleted unless immediate
action is taken, the proposed ward, or any adult interested in the welfare of the proposed
ward, may petition the court in which the proceeding is pending for the emergency ap-
pointment of a guardian or conservator.
(2) The petition shall state:
(A) The names and addresses of the individuals and entities entitled to notice; and
(B) the relief requested and the facts and reasons supporting that request.
(3) A hearing shall be held no more than 48 hours after a petition for an emergency
appointment has been filed. Notice shall be given in the manner directed by the court.
(4) If the court determines that there is an imminent danger that the physical health or
safety of the proposed ward will be seriously impaired or financial resources will be depleted
unless immediate action is taken, the court shall appoint a guardian or conservator in the
manner prescribed in K.S.A. 59-3014 and amendments thereto. The court shall assign to
an emergency appointee only those duties and powers necessary to protect against the
imminent danger shown.
(5) The emergency appointment shall remain in effect until the conclusion of the hear-
ing conducted under K.S.A. 59-3013 and amendments thereto.
(b) If at any time the court has probable cause to believe that a guardian or conservator
is not effectively performing such person's duties and powers, and that there is an imminent
danger that the physical health or safety of the ward will be seriously impaired or financial resources will be depleted unless immediate action is taken, the court shall:
(1) Suspend and temporarily replace the guardian with a guardian or conservator meet-
ing the qualifications set forth in K.S.A. 59-3014 and amendments thereto;
(2) reassign the duties and powers of the suspended guardian or conservator to the
emergency appointee; and
(3) direct the temporary appointee to file a petition under K.S.A. 59-3029 and amend-
ments thereto within five days if such petition is not already pending, and submit such
reports as may be necessary.
(c) The court may designate another eligible person selected in accordance with K.S.A.
59-3014 and amendments thereto to assume the duties and powers assigned to the guardian or conservator upon the resignation, disability, temporary absence or death of the guardian or conservator. The individual so designated, other than an individual designated because
of the temporary absence of a guardian or conservator, shall submit a report pursuant to
K.S.A. 59-3029 and amendments thereto within 10 days after an individual appointed on a
standby basis assumes the duties of a guardian or conservator. A guardian or conservator
serving on a standby basis may exercise all of the duties and powers assigned to the pred-
ecessor as a guardian or conservator until the conclusion of the proceedings under K.S.A.
59-3029 and amendments thereto or, in case of the temporary absence of the predecessor
guardian or conservator, until the predecessor guardian or conservator returns, unless oth-
erwise ordered by the court.
(d) This section shall be part of and supplemental to the act for obtaining a guardian or
conservator, or both.
New Sec. 14. (a) Unlawful interference with an emergency medical services attendant
is knowingly and intentionally interfering with, molesting or assaulting, as defined in K.S.A.
21-3408 and amendments thereto, any attendant while engaged in the performance of such
attendant's duties, or knowingly and intentionally obstructing, interfering with or impeding
the efforts of any attendant to reach the location of an emergency.
(b) As used in this section, ``attendant'' shall have the meaning ascribed to such term
under K.S.A. 65-6112 and amendments thereto.
(c) Unlawful interference with an emergency medical services attendant is a class B
person misdemeanor.
(d) This section shall be part of and supplemental to the Kansas criminal code.
Sec. 15. K.S.A. 39-1401, 39-1402, 39-1409, 39-1430, 39-1431, 39-1433, 39-1435, 39-
1440 and 59-3036 and K.S.A. 1997 Supp. 39-923, 39-1404, 65-3501 and 65-3503 are hereby
repealed.'';
And by renumbering the remaining section accordingly;
Also on page 7, in line 23, by striking ``Kansas register'' and inserting ``statute book'';
On page 1, in the title, in line 12, by striking ``department of health and environment;''
and inserting in lieu thereof ``the protection of certain persons;''; in line 14, by striking
``sponsors''; also in line 14, before ``amending'' by inserting: ``nursing facilities; reporting of
abuse, neglect or exploitation of certain persons; unlawful interference with certain emer-
gency personnel; appointment of guardian or conservator;''; also in line 14, by striking all
after ``amending''; in line 15, by striking all before ``and'' where it appears for the last time
and inserting: ``K.S.A. 39-1401, 39-1402, 39-1409, 39-1430, 39-1431, 39-1433, 39-1435,
39-1440 and 59-3036 and K.S.A. 1997 Supp. 39-923, 39-1404, 65-3501 and 65-3503'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Janice Hardenburger
Chris Steineger
Conferees on part of Senate
Carlos Mayans
Jim Morrison
Jerry Henry Conferees on part of House
On motion of Rep. Mayans to adopt the conference committee report on HB 2185, Rep.
Adkins offered a substitute motion to not adopt the conference committee report and asked
that a new conference committee be appointed. The substitute motion prevailed.
Speaker Shallenburger thereupon appointed Reps. Mayans, Morrison and Henry as sec-
ond conferees on the part of the House.
INTRODUCTION OF ORIGINAL MOTIONS
Having voted on the prevailing side, Rep. Lane moved, pursuant to House Rule 2303,
that the House reconsider its action in not suspending subsection (k) of Joint Rule 4 of the
Joint Rules of the Senate and House of Representatives for the purpose of considering Sub. HB 2704. Roll call was demanded.
On roll call, the vote was: Yeas 67; Nays 52; Present but not voting: 0; Absent or not
voting: 5.
Absent or not voting: Allen, Aurand, Gregory, O'Neal, Packer.
The motion prevailed. The question reverted back to the motion of Rep. Jennison, pur-
suant to subsection (k) of Joint Rule 4 of the Joint Rules of the Senate and House of
Representatives, to suspend the rules for the purpose of considering Sub. HB 2704.
The motion prevailed.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2704, submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;
And your committee on conference recommends the adoption of this report.
Dave Kerr
Alicia Salisbury
Conferees on part of Senate
Mike Farmer
Jim Morrison Conferees on part of House
On motion of Rep. Farmer to adopt the conference committee report on Sub. HB 2704,
the motion did not prevail, and the bill remains in conference.
REPORT ON ENGROSSED BILLS
HB 2837 reported correctly re-engrossed May 2, 1998.
On motion of Rep. Jennison, the House adjourned until 2:00 p.m., Sunday, May 3, 1998.