The Senate was called to order by Vice-President Alicia Salisbury.
The roll was called with thirty-nine senators present.
Senator Vidricksen was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Please bless us with those qualities which make us effective in our work:
Give us cool heads and warm hearts.
Make us quick to forgive and slow to anger.
Keep our hopes high and our boiling point low.
Help us keep our robes white and our books in the black.
Give us a thick skin and a thin figure.
Grant us a calm disposition and a fiery compassion.
Keep our chin up and our blood pressure down.
Help us make hard choices and give soft answers.
I thank You in Jesus' Name,
AMEN
GUESTS
Senator Oleen introduced, and the Senators joined her in welcoming, Lt. Col. Robert
Kennedy, Professor Military Science, Regular Army, and Capt. Barry Adams, Assistant Pro-
fessor of Military Science, Army National Guard, ROTC program at Kansas State University.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
SB 676, An act relating to cities; concerning repayment of certain special obligation bonds
thereof; amending K.S.A. 1997 Supp. 12-1774, as amended by section 3 of 1998 House Bill
No. 2631, and repealing the existing section, by Committee on Federal and State Affairs.
SB 677, An act concerning public improvement districts; relating to certain expenditures
from such districts' funds, by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: HB 2737 (separately).
Public Health and Welfare: HB 2723.
Transportation and Tourism: HB 2737 (separately).
CHANGE OF REFERENCE
The president withdrew SB 231, 628, 629 from the Committee on Judiciary and referred
the bills to the Committee on Ways and Means.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2282, 2312, 2676, 2729, 2743, 2760, 2787 were thereupon introduced and read
by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 500 and requested a conference committee be appointed.
The Vice-President appointed Senators Langworthy, Corbin, and Lee as a conference
committee on the part of the Senate.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation recommends SB 421 be passed.
Also SB 250, as amended by Senate Committee, be further amended on page 1, in line
15, by striking ``1996 Supp.'';
On page 4, in line 38, by striking all after the semicolon; by striking all in lines 39 and
40; in line 41, by striking all before ``nonprofit'' and inserting ``and (4)'';
On page 5, by striking all in line 1; in line 2, by striking all before the period; in line 3,
by striking ``1996 Supp.'';
In the title, in line 11, by striking ``1996 Supp.'' and the bill be passed as amended.
Committee on Elections and Local Government recommends SB 556 be amended
on page 1, in line 14, by striking ``of the first class''; in line 20, by striking ``as such''; in line
23, by striking ``five years'' and inserting ``one year''; in line 25, by striking ``of publication'';
in line 30, by striking ``printed in the state of Kansas and''; in line 33, by striking ``printed''
and inserting ``published'';
On page 2, by striking all in lines 4 and 5; in line 6, by striking ``(4)'' and inserting ``(3)'';
in line 9, by striking all preceding ``published'' and inserting ``(4) is''; by striking all in lines
13 and 14; by striking all in lines 24 and 25; in line 26, by striking ``(4)'' and inserting ``(3)'';
in line 29, by striking all preceding ``published'' and inserting ``(4) is''; in line 31, by striking
``printed'' and inserting ``published'';
On page 3, in line 6, by striking ``64-101 is'' and inserting ``12-1651 and 64-101 are'';
In the title, in line 10, preceding the period, by inserting ``; also repealing K.S.A. 12-
1651''; and the bill be passed as amended.
Committee on Energy and Natural Resources recommends SB 236 be passed.
Also SB 504 be amended on page 1, after line 23, by inserting:
``New Sec. 2. (a) Unless otherwise provided by law, all moneys received from agricul-
tural production on state-owned property under the control and jurisdiction of the secretary
of wildlife and parks shall be remitted in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto, to the state treasurer. The state treasurer shall deposit the entire
amount in the state treasury and credit it to the state agricultural production fund, which is
hereby created in the state treasury.
(b) The department of wildlife and parks shall establish separate accounts of the state
agricultural production fund for each state-owned property under the control and jurisdic-
tion of the secretary of wildlife and parks. Such accounts shall be used for costs and expenses
associated with management practices as determined for each property.
(c) All expenditures from the state agricultural production fund shall be made in ac-
cordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of wildlife and parks.``;
By renumbering sections 2 and 3 accordingly;
In the title, in line 9, before ``amending'' by inserting ``relating to disposition of certain
moneys from agricultural production;''; and the bill be passed as amended.
Committee on Federal and State Affairs recommends SB 518 be amended on page
1, by striking all in lines 14 through 24 and inserting the following:
``Section 1. K.S.A. 50-627 is hereby amended to read as follows: 50-627. (a) No supplier
shall engage in any unconscionable act or practice in connection with a consumer transac-
tion. An unconscionable act or practice violates this act whether it occurs before, during or
after the transaction.
(b) The unconscionability of an act or practice is a question for the court. In determining
whether an act or practice is unconscionable, the court shall consider circumstances of which
the supplier knew or had reason to know, such as, but not limited to the following that:
(1) That The supplier took advantage of the inability of the consumer reasonably to
protect the consumer's interests because of the consumer's physical infirmity, ignorance,
illiteracy, inability to understand the language of an agreement or similar factor;
(2) that, when the consumer transaction was entered into, the price grossly exceeded
the price at which similar property or services were readily obtainable in similar transactions
by similar consumers;
(3) that the consumer was unable to receive a material benefit from the subject of the
transaction;
(4) that, when the consumer transaction was entered into, there was no reasonable
probability of payment of the obligation in full by the consumer;
(5) that the transaction the supplier induced the consumer to enter into was excessively
onesided in favor of the supplier;
(6) that the supplier made a misleading statement of opinion on which the consumer
was likely to rely to the consumer's detriment; and
(7) that except as provided by K.S.A. 50-639, and amendments thereto, the supplier
excluded, modified or otherwise attempted to limit either the implied warranties of mer-
chantability and fitness for a particular purpose or any remedy provided by law for a breach
of those warranties.
Sec. 2. K.S.A. 50-639 is hereby amended to read as follows: 50-639. (a) Notwithstanding
any other provisions of law, with respect to property which is the subject of or is intended
to become the subject of a consumer transaction in this state, no supplier shall:
(1) Exclude, modify or otherwise attempt to limit the implied warranties of merchant-
ability as defined in K.S.A. 84-2-314, and amendments thereto, and fitness for a particular
purpose, as defined in K.S.A. 84-2-315, and amendments thereto; or
(2) exclude, modify or attempt to limit any remedy provided by law, including the meas-
ure of damages available, for a breach of implied warranty of merchantability and fitness
for a particular purpose.
(b) Notwithstanding any provision of law, no action for breach of warranty with respect
to property subject to a consumer transaction shall fail because of a lack of privity between
the claimant and the party against whom the claim is made. An action against any supplier
for breach of warranty with respect to property subject to a consumer transaction shall not,
of itself, constitute a bar to the bringing of an action against another person.
(c) A supplier may limit the supplier's implied warranty of merchantability and fitness
for a particular purpose with respect to a defect or defects in the property only if the supplier
establishes that the consumer had knowledge of the defect or defects, which became the
basis of the bargain between the parties. In neither case shall such limitation apply to liability
for personal injury or property damage.
(d) Nothing in this section shall be construed to expand the implied warranty of mer-
chantability as defined in K.S.A. 84-2-314, and amendments thereto, to involve obligations
in excess of those which are appropriate to the property.
(e) A disclaimer or limitation in violation of this section is void. If a consumer prevails
in an action based upon breach of warranty, and the supplier has violated this section, the
court may, in addition to any damages recovered, award reasonable attorney fees and a civil
penalty under K.S.A. 50-636, and amendments thereto, to be paid by the supplier who gave
the improper disclaimer.
(f) The making of a limited express warranty is not in itself a violation of this section.
(g) This section shall not apply to seed for planting.
(h) This section shall not apply to sales of livestock for agricultural purposes, other than
sales of livestock for immediate slaughter, except in cases where the supplier knowingly sells
livestock which is diseased.
(i) This section shall not apply to the disposal of surplus property by any governmental entity if the governmental entity has given conspicuous written notice of the warranty lim- itation, exclusion or disclaimer. In the case of surplus property which is a motor vehicle, a notice of such limitation, exclusion or disclaimer shall be affixed to a side window of the motor vehicle. Such notice shall comply with the buyers guide required by 49 CFR 455.2 and 49 CFR 455.3 (as in effect on the effective date of this act).
Sec. 3. K.S.A. 50-627 and 50-639 are hereby repealed.'';
Also on page 1, in line 26, by striking ``statute book'' and inserting ``Kansas register'';
In the title, in line 10, by striking all following ``K.S.A.''; in line 11, by striking all preceding
the period and inserting ``50-627 and 50-639 and repealing the existing sections''; and the
bill be passed as amended.
Committee on Judiciary recommends SB 552, 588, 597, 636 be passed.
Also SB 607, 618 be passed and, because the committee is of the opinion that the bills
are of a noncontroversial nature, be placed on the consent calendar.
Committee on Public Health and Welfare recommends SB 198 be amended on page
1, in line 17, before the period, by inserting ``and the compounding and dispensing of
prescriptions shall be limited to pharmacists only''; in line 21, by striking ``statute or rules'';
in line 22, by striking ``and regulations'' and inserting ``law''; in line 28, by striking all after
``(a)''; by striking all in line 29; in line 30, by striking all before ``prescriptions'' and inserting
``All'';
On page 2, in line 26, before the period, by inserting ``, except that a prescription may
be refilled after such a one-year period if in the opinion of the prescriber continued renewal
of the prescription does not present a medical risk to the patient''; in line 34, by striking
``1996'' and inserting ``1997'';
In the title, in line 10, by striking ``1996'' and inserting ``1997''; and the bill be passed as
amended.
Also SB 270 be amended on page 1, in line 15, by striking ``pharmaceuticals, over-the-
counter''; in line 21, by striking ``, ``flea market'' and inserting the following: ``:
(1) ``Flea market'' '';
Also on page 1, following line 24, by inserting the following:
``(2) ``Drug'' shall have the meaning ascribed to such term under K.S.A. 65-1626 and
amendments thereto.
(3) ``Medical device'' means device as the term device is defined under K.S.A. 65-656
and amendments thereto.
(4) ``Cosmetic'' shall have the meaning ascribed to such term under K.S.A. 65-656 and
amendments thereto.''; and the bill be passed as amended.
SB 437 be amended by substituting a new bill to be designated as ``Substitute for SEN-
ATE BILL No. 437,'' as follows:
``SUBSTITUTE FOR SENATE BILL No. 437
By Committee on Public Health and Welfare
``AN ACT enacting the lead-based paint licensing and certification and child lead poisoning
prevention act; requiring licensure of business entities and public agencies; certification
of persons who provide, engage in or conduct lead-based paint activities; accreditation
of training programs; prohibiting certain acts; providing penalties for violations; author-
izing a childhood lead poisoning prevention program.''; and the substitute bill be passed.
Committee on Ways and Means recommends SB 648 be passed.
REPORT ON ENROLLED BILLS
SR 1815 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on February 19, 1998.
On motion of Senator Emert the Senate adjourned until 12:00 Noon, Friday, February
20, 1998.