The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
President Bond introduced as guest chaplain, the Most Reverend James Patrick Keleher,
Metropolitan Archbishop of Kansas City, Kansas, who delivered the invocation:
Patrick is always remembered for the beautiful shamrock which he used to demonstrate
one of the deepest mysteries of Christianity. With its three leaves on the one stem it provided
a graphic example of the unity of God and the diversity of persons.
And so let us pray
Lord, today we honor your servant Patrick here in this distinguished Senate.
Through the shimmering green shamrock you taught your people the beauty of
Unity and Diversity. You instilled in them a sense of being not just so many com-
peting clans and warring tribes but You gave them a genuine sense of national family.
They were blessed to experience deeply the meaning of family whether in their
Church or in their little towns or on their tiny farms or within their humble cottages.
You instilled in them the powerful lesson of the need for unity and diversity in
building enduring family life.
Through Patrick You also taught the great lesson that the vitality of family life
depends on embracing a high moral code which will be honored in practice and then
passed on from generation to generation . . . (tri-stars)rough him you revealed that only
by an ethic of love and self sacrifice could married life and family unity thrive.
And so we pray that in our State of Kansas the faith of our people will burn brightly
as did Saint Patrick's. May our Faith create a sense of family throughout this great
State. May it beget a spirit of true family that comes from caring for each other and
respecting our diversities while sacrificing for our unity. Then we will be able to
point with pride to what Kansans do for each other, we will be able to promote
harmony and tranquility in our homes and in our common enterprises. Then we will
have learned the full lesson of the beautiful and shimmering green shamrock. . . .
Finally, grant to this honorable body of legislators the will and wisdom to model
this spirit of family for all of us and to promote it through the rule of law. Amen,
amen, so be it so may it be. . . .
GUESTS
President Bond and members of the Senate welcomed Ivan Syrkoy, Professor of Econ-
omy, representing Governor Ivan Shabanov, Governor of Voronezh, Russia.
Professor Syrkoy addressed the Senate and presented President Bond with a book about
Russia. President Bond thanked Professor Syrkoy and presented him with a Boeing 737
model, courtesy of the Kansas Aviation Industry.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 688, An act concerning public officers and employees; relating to eligibility for rep-
resentation by employee organizations; concerning eligibility for the state health care ben-
efits program; amending K.S.A. 75-4322 and 75-6501 and repealing the existing sections,
by Committee on Ways and Means.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolution were referred to Committees as indicated:
Assessment and Taxation: HCR 5034.
Commerce: HB 3005.
Energy and Natural Resources: Sub. HB 2950.
Ways and Means: Sub. HB 2704.
MESSAGE FROM THE GOVERNOR
SB 410 approved on March 17, 1998.
COMMUNICATIONS FROM STATE OFFICERS
STATE OF KANSAS
STATE BOARD OF INDIGENTS' DEFENSE SERVICES
The State Board of Indigents' Defense Services submitted the Annual Report to the
Governor and Legislature for Fiscal Year 1997.
STATE OF KANSAS
Division of Property Valuation
March 13, 1998
Mark S. Beck, Director of Property Valuation, submitted a copy of the 1997 Preliminary
Real Estate Appraisal/Sales Ratio Study as required by K.S.A. 1996 Supp. 79-1490.
The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2754.
Also, passage of SB 435, as amended, SB 488, as amended.
The House accedes to the request of the Senate for a conference on SB 416 and has
appointed Representatives Mason, Vickrey and Henderson as conferees on the part of the
House.
The House concurs in Senate amendments to HB 2687.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2754 was thereupon introduced and read by title.
REMOVE FROM CONSENT CALENDAR
An objection having been made to HB 2552, 2559, 2738, 2831, 2970 appearing on the
Consent Calendar, the President directed the bills be removed and placed on the calendar
under the heading of General Orders.
REPORTS OF STANDING COMMITTEES
Committee on Elections and Local Government recommends SB 679 be passed.
Also HB 2806, as amended by House Committee; HB 2813 be passed and, because the
committee is of the opinion that the bills are of a noncontroversial nature, be placed on the
consent calendar.
HB 2902, as amended by House Committee, be amended on page 2, in line 2, following
the period, by inserting ``Following the transfer of all assets and property to the board of
county commissioners, the township board of such township shall be and is hereby abol-
ished.''; in line 26, following the period, by inserting ``If the resolution is approved by a
majority of the qualified electors of the township voting at such election, the board of county
commissioners shall appoint a township board who shall hold office until successors are
elected and qualified at the next regular general election of the township.''; and the bill be
passed as amended.
Committee on Energy and Natural Resources recommends HB 2732, as amended
by House Committee, be passed and, because the committee is of opinion that the bill is
of a noncontroversial nature, be placed on the consent calendar.
Committee on Federal and State Affairs recommends SB 682 be amended by sub-
stituting a new bill to be designated as ``Substitute for SENATE BILL No. 682,'' as follows:
``Substitute for SENATE BILL No. 682
By Committee on Federal and State Affairs
``AN ACT concerning juveniles; amending K.S.A. 75-2935, 75-4362 and 75-7024 and K.S.A.
1997 Supp. 38-1602, 38-1604, 38-1636, 38-1663, 38-1663, as amended by section 5 of
this act, 38-1691, 38-16,111, 38-16,129, 65-6001 and 65-6008 and repealing the existing
sections; also repealing K.S.A. 1996 Supp. 38-1663 as amended by section 64 of chapter
156 of the 1997 Session Laws of Kansas.''; and the substitute bill be passed.
Committee on Financial Institutions and Insurance recommends SB 574 be
amended by substituting a new bill to be designated as ``Substitute for SENATE BILL No.
574,'' as follows:
``Substitute for SENATE BILL No. 574
By Committee on Financial Institutions and Insurance
``AN ACT concerning banks and trust companies; powers of bank commissioner; amending
K.S.A. 1997 Supp. 9-1715 and repealing the existing section.''; and the substitute bill be
passed.
Committee on Judiciary recommends HB 2820, as amended by House Committee,
be amended on page 1, by striking all in lines 15 through 43;
On page 2, by striking all in lines 1 through 9 and inserting in lieu thereof the following:
``Section 1. K.S.A. 1997 Supp. 38-1502 is hereby amended to read as follows: 38-1502.
As used in this code, unless the context otherwise indicates:
(a) ``Child in need of care'' means a person less than 18 years of age who:
(1) Is without adequate parental care, control or subsistence and the condition is not
due solely to the lack of financial means of the child's parents or other custodian;
(2) is without the care or control necessary for the child's physical, mental or emotional
health;
(3) has been physically, mentally or emotionally abused or neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments
thereto;
(7) except in the case of a violation of K.S.A. 41-727, subsection (j) of K.S.A. 74-8810
or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided
in subsection (a)(12) of K.S.A. 21-4204a and amendments thereto, does an act which, when
committed by a person under 18 years of age, is prohibited by state law, city ordinance or
county resolution but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act which if done by an adult would
constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and
amendments thereto;
(9) is willfully and voluntarily absent from the child's home without the consent of the
child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a court ordered or
designated placement, or a placement pursuant to court order, if the absence is without the
consent of the person with whom the child is placed or, if the child is placed in a facility,
without the consent of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another person under 18
years of age, who has been physically, mentally or emotionally abused or neglected, or
sexually abused; or
(12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a and
amendments thereto.
(b) ``Physical, mental or emotional abuse or neglect'' means the infliction of physical,
mental or emotional injury or the causing of a deterioration of a child and may include, but
shall not be limited to, failing to maintain reasonable care and treatment, negligent treatment
or maltreatment or exploiting a child to the extent that the child's health or emotional well-
being is endangered. A parent legitimately practicing religious beliefs who does not provide
specified medical treatment for a child because of religious beliefs shall not for that reason
be considered a negligent parent; however, this exception shall not preclude a court from
entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
(c) ``Sexual abuse'' means any act committed with a child which is described in article
35, chapter 21 of the Kansas Statutes Annotated and those acts described in K.S.A. 21-3602
or 21-3603, and amendments thereto, regardless of the age of the child.
(d) ``Parent,'' when used in relation to a child or children, includes a guardian, conser-
vator and every person who is by law liable to maintain, care for or support the child.
(e) ``Interested party'' means the state, the petitioner, the child, any parent and any
person found to be an interested party pursuant to K.S.A. 38-1541 and amendments thereto.
(f) ``Law enforcement officer'' means any person who by virtue of office or public em-
ployment is vested by law with a duty to maintain public order or to make arrests for crimes,
whether that duty extends to all crimes or is limited to specific crimes.
(g) ``Youth residential facility'' means any home, foster home or structure which provides
24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of
the Kansas Statutes Annotated.
(h) ``Shelter facility'' means any public or private facility or home other than a juvenile
detention facility that may be used in accordance with this code for the purpose of providing
either temporary placement for the care of children in need of care prior to the issuance of
a dispositional order or longer term care under a dispositional order.
(i) ``Juvenile detention facility'' means any secure public or private facility used for the
lawful custody of accused or adjudicated juvenile offenders which must not be a jail.
(j) ``Adult correction facility'' means any public or private facility, secure or nonsecure,
which is used for the lawful custody of accused or convicted adult criminal offenders.
(k) ``Secure facility'' means a facility which is operated or structured so as to ensure that
all entrances and exits from the facility are under the exclusive control of the staff of the
facility, whether or not the person being detained has freedom of movement within the
perimeters of the facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility shall be in a city or
county jail.
(l) ``Ward of the court'' means a child over whom the court has acquired jurisdiction by
the filing of a petition pursuant to this code and who continues subject to that jurisdiction
until the petition is dismissed or the child is discharged as provided in K.S.A. 38-1503 and
amendments thereto.
(m) ``Custody,'' whether temporary, protective or legal, means the status created by
court order or statute which vests in a custodian, whether an individual or an agency, the
right to physical possession of the child and the right to determine placement of the child,
subject to restrictions placed by the court.
(n) ``Placement'' means the designation by the individual or agency having custody of
where and with whom the child will live.
(o) ``Secretary'' means the secretary of social and rehabilitation services.
(p) ``Relative'' means a person related by blood, marriage or adoption but, when refer-
ring to a relative of a child's parent, does not include the child's other parent.
(q) ``Court-appointed special advocate'' means a responsible adult other than an attorney
guardian ad litem who is appointed by the court to represent the best interests of a child,
as provided in K.S.A. 38-1505a and amendments thereto, in a proceeding pursuant to this
code.
(r) ``Multidisciplinary team'' means a group of persons, appointed by the court or by
the state department of social and rehabilitation services under K.S.A. 38-1523a and amend-
ments thereto, which has knowledge of the circumstances of a child in need of care.
(s) ``Jail'' means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jail or lockup,
unless the facility meets all applicable standards and licensure requirements under law and
there is (A) total separation of the juvenile and adult facility spatial areas such that there
could be no haphazard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program activities within
the facilities, including recreation, education, counseling, health care, dining, sleeping, and
general living activities; and (C) separate juvenile and adult staff, including management,
security staff and direct care staff such as recreational, educational and counseling.
(t) ``Kinship care'' means the placement of a child in the home of the child's relative or
in the home of another adult with whom the child or the child's parent already has a close
emotional attachment.
(u) ``Juvenile intake and assessment worker'' means a responsible adult authorized to perform intake and assessment services as part of the intake and assessment system estab- lished pursuant to K.S.A. 75-7023, and amendments thereto.
(v) ``Abandon'' means to forsake, desert or cease providing care for the child without making appropriate provisions for substitute care.
(w) ``Permanent guardianship'' means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining without ongoing state oversight or intervention. The permanent guardian stands in loco parentis and exercises all the rights and responsibilities of a parent.
(x) ``Aggravated circumstances'' means the abandonment, torture, chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(y) ``Permanency hearing'' means a notice and opportunity to be heard is provided to interested parties, foster parents, preadoptive parents or relatives providing care for the child. The court, after consideration of the evidence, shall determine whether progress to- ward the case plan goal is adequate or reintegration is a viable alternative, or if the case should be referred to the county or district attorney for filing of a petition to terminate parental rights or to appoint a permanent guardian.
(z) ``Extended out of home placement'' means a child has been in the custody of the secretary and placed with neither parent for 15 of the most recent 22 months beginning 60 days after the date at which a child in the custody of the secretary was removed from the home.
Sec. 2. K.S.A. 38-1561 is hereby amended to read as follows: 38-1561. The order of
disposition may be entered at the time of the adjudication, but shall be entered within 30
days following adjudication, unless delayed for good cause shown. In no case shall a per- manency hearing be held later than 30 days following a determination that reintegration is not a viable alternative.
Sec. 3. K.S.A. 1997 Supp. 38-1562 is hereby amended to read as follows: 38-1562. (a)
At any time after a child has been adjudicated to be a child in need of care and prior to
disposition, the judge shall permit any interested parties, and any persons required to be
notified pursuant to subsection (b), to be heard as to proposals for appropriate disposition
of the case.
(b) Before entering an order placing the child in the custody of a person other than the
child's parent, the court shall require notice of the time and place of the hearing to be given
to all the child's grandparents at their last known addresses or, if no grandparent is living
or if no living grandparent's address is known, to the closest relative of each of the child's
parents whose address is known, and to the foster parent, preadoptive parent or relative providing care. Such notice shall be given by restricted mail not less than 10 business days
before the hearing and shall state that the person receiving the notice shall have an oppor-
tunity to be heard at the hearing. The provisions of this subsection shall not require addi-
tional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A. 38-
1536 and amendments thereto. Individuals receiving notice pursuant to this subsection shall not be made a party to the action solely on the basis of this notice and opportunity to be heard.
(c) Prior to entering an order of disposition, the court shall give consideration to the
child's physical, mental and emotional condition; the child's need for assistance; the manner
in which the parent participated in the abuse, neglect or abandonment of the child; any
relevant information from the intake and assessment process; and the evidence received at
the dispositional hearing. In determining when reunification is a viable alternative, the court shall specifically consider whether the parent has been found by a court to have: (1) Com- mitted murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the second degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or violated a law of another state which prohibits such murder or manslaughter of a child; (2) aided or abetted, attempted, conspired or solicited to commit such murder or voluntary manslaughter of a child as provided in subsection (c)(1); (3) committed a felony battery that resulted in bodily injury to the child or another child; (4) subjected the child or another child to aggravated circumstances as defined in subsection (x) of K.S.A. 38-1502 and amend- ments thereto; (5) parental rights of the parent to another child have been terminated in- voluntarily; or (6) the child has been in extended out of home placement as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto. If reintegration is not a viable alternative, the court shall consider whether a compelling reason has been documented in the case plan to find neither adoption nor permanent guardianship are in the best interests of the child, the child is in a stable placement with a relative, or services set out in the case plan necessary for the safe return of the child have been made available to the parent with whom reintegration is planned. If reintegration is not a viable alternative and either adoption or permanent guardianship might be in the best interests of the child, the county or district attorney or the county or district attorney's designee shall file a motion to terminate parental rights or permanent guardianship within 30 days and the court shall set a hearing on such motion within 90 days of the filing of such motion.
Sec. 4. K.S.A. 1997 Supp. 38-1563 is hereby amended to read as follows: 38-1563. (a)
After consideration of any evidence offered relating to disposition, the court may retain
jurisdiction and place the child in the custody of the child's parent subject to terms and
conditions which the court prescribes to assure the proper care and protection of the child,
including supervision of the child and the parent by a court services officer, or may order
the child and the parent to participate in programs operated by the secretary or another
appropriate individual or agency. The terms and conditions may require any special treat-
ment or care which the child needs for the child's physical, mental or emotional health.
(b) The duration of any period of supervision or other terms or conditions shall be for
an initial period of no more than 18 months. The court, at the expiration of that period,
upon a hearing and for good cause shown, may make successive extensions of the supervision
or other terms or conditions for up to 12 months at a time.
(c) The court may order the child and the parents of any child who has been adjudged
a child in need of care to attend counseling sessions as the court directs. The expense of
the counseling may be assessed as an expense in the case. No mental health center shall
charge a greater fee for court-ordered counseling than the center would have charged to
the person receiving counseling if the person had requested counseling on the person's own
initiative.
(d) If the court finds that placing the child in the custody of a parent will not assure
protection from physical, mental or emotional abuse or neglect or sexual abuse or will not
be in the best interests of the child, the court shall enter an order awarding custody of the
child, until the further order of the court, to one of the following:
(1) A relative of the child or a person with whom the child has close emotional ties;
(2) any other suitable person;
(3) a shelter facility; or
(4) the secretary.
In making such a custody order, the court shall give preference, to the extent that the
court finds it is in the best interests of the child, first to granting custody to a relative of the
child and second to granting custody of the child to a person with whom the child has close
emotional ties. If the court has awarded legal custody based on the finding specified by this
subsection, the legal custodian shall not return the child to the home of that parent without
the written consent of the court.
(e) When the custody of the child is awarded to the secretary:
(1) The court may recommend to the secretary where the child should be placed.
(2) The secretary shall notify the court in writing of any placement of the child or, within
10 days of the order awarding the custody of the child to the secretary, any proposed
placement of the child, whichever occurs first.
(3) The court may determine if such placement is in the best interests of the child, and
if the court determines that such placement is not in the best interests of the child, the
court shall notify the secretary who shall then make an alternative placement subject to the
procedures established in this paragraph. In determining if such placement is in the best
interests of the child, the court, after providing the parties with an opportunity to be heard,
shall consider the health and safety needs of the child and the resources available to meet
the needs of children in the custody of the secretary.
(f) If custody of a child is awarded under this section to a person other than the child's
parent, the court may grant any individual reasonable rights to visit the child upon motion
of the individual and a finding that the visitation rights would be in the best interests of the
child.
(g) If the court issues an order of custody pursuant to this section, the court may enter
an order restraining any alleged perpetrator of physical, sexual, mental or emotional abuse
of the child from residing in the child's home; visiting, contacting, harassing or intimidating
the child; or attempting to visit, contact, harass or intimidate the child.
(h) The court shall not enter an order removing a child from the custody of a parent
pursuant to this section unless the court first finds from evidence presented by the petitioner
that reasonable efforts have been made to prevent or eliminate the need for removal of the
child; reintegration is not a viable alternative; or that an emergency exists which threatens
the safety of the child and requires the immediate removal of the child. Reintegration may not be a viable alternative when the: (1) Parent has been found by a court to have committed murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the second degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and amend- ments thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or violated a law of another state which prohibits such murder or manslaughter of a child; (2) parent aided or abetted, attempted, conspired or solicited to commit such murder or voluntary manslaughter of a child as provided in subsection (h)(1); (3) parent committed a felony battery that resulted in bodily injury to the child or another child; (4) parent has subjected the child or another child to aggravated circumstances as defined in subsection (x) of K.S.A. 38-1502, and amendments thereto; (5) parental rights of the parent to another child have been terminated involuntarily or (6) the child has been in extended out of home placement as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto. Such findings shall
be included in any order entered by the court.
(i) In addition to or in lieu of any other order authorized by this section, if a child is
adjudged to be a child in need of care by reason of a violation of the uniform controlled
substances act (K.S.A. 65-4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-804,
41-2719, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
order the child to submit to and complete an alcohol and drug evaluation by a commu-
nity-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and
amendments thereto and to pay a fee not to exceed the fee established by that statute for
such evaluation. If the court finds that the child and those legally liable for the child's support
are indigent, the fee may be waived. In no event shall the fee be assessed against the
secretary or the department of social and rehabilitation services.
(j) In addition to any other order authorized by this section, if child support has been
requested and the parent or parents have a duty to support the child, the court may order
one or both parents to pay child support and, when custody is awarded to the secretary, the
court shall order one or both parents to pay child support. The court shall determine, for
each parent separately, whether the parent is already subject to an order to pay support for
the child. If the parent is not presently ordered to pay support for any child who is a ward
of the court and the court has personal jurisdiction over the parent, the court shall order
the parent to pay child support in an amount determined under K.S.A. 38-1595 and amend-
ments thereto. Except for good cause shown, the court shall issue an immediate income
withholding order pursuant to K.S.A. 23-4,105 et seq. and amendments thereto for each
parent ordered to pay support under this subsection, regardless of whether a payor has been
identified for the parent. A parent ordered to pay child support under this subsection shall
be notified, at the hearing or otherwise, that the child support order may be registered
pursuant to K.S.A. 38-1597 and amendments thereto. The parent shall also be informed
that, after registration, the income withholding order may be served on the parent's em-
ployer without further notice to the parent and the child support order may be enforced by
any method allowed by law. Failure to provide this notice shall not affect the validity of the
child support order.
Sec. 5. K.S.A. 1997 Supp. 38-1565 is hereby amended to read as follows: 38-1565. (a)
If a child is placed outside the child's home and no plan is made a part of the record of the
dispositional hearing, a written plan shall be prepared which provides for reintegration of
the child into the child's family or, if reintegration is not a viable alternative, for other
placement of the child. Reintegration may not be a viable alternative when the: (1) Parent has been found by a court to have committed murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the second degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A. 21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or violated a law of another state which prohibits such murder or manslaughter of a child; (2) parent aided or abetted, attempted, conspired or solicited to commit such murder or voluntary manslaughter of a child as provided in sub- section (a)(1); (3) parent committed a felony battery that resulted in bodily injury to the child or another child; (4) parent has subjected the child or another child to aggravated circumstances as defined in subsection (x) of K.S.A. 38-1502, and amendments thereto; (5) parental rights of the parent to another child have been terminated involuntarily; or (6) the child has been in extended out of home placement as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto. If the goal is reintegration into the family, the plan shall
include measurable objectives and time schedules for reintegration. The plan shall be sub-
mitted to the court not later than 30 days after the dispositional order is entered. If the
child is placed in the custody of the secretary, the plan shall be prepared and submitted by
the secretary. If the child is placed in the custody of a facility or person other than the
secretary, the plan shall be prepared and submitted by a court services officer.
(b) A court services officer or, if the child is in the secretary's custody, the secretary
shall submit to the court, at least every six months, a written report of the progress being
made toward the goals of the plan submitted pursuant to subsection (a). If the child is placed
in foster care, the foster parent or parents shall submit to the court, at least every six months,
a report in regard to the child's adjustment, progress and condition. The department of
social and rehabilitation services shall notify the foster parent or parents of the foster parent's
or parent's duty to submit such report, on a form provided by the department of social and
rehabilitation services, at least two weeks prior to the date when the report is due, and the
name of the judge and the address of the court to which the report is to be submitted. Such
report shall be confidential and shall only be reviewed by the court and the child's guardian
ad litem. The court shall review the progress being made toward the goals of the plan and
the foster parent report and, if the court determines that progress is inadequate or that the
plan is no longer viable, the court shall hold a hearing pursuant to subsection (c). If the
secretary has custody of the child, such hearing shall be held no more than 12 months after
the child is placed outside the child's home and at least every 12 months thereafter. For children in the custody of the secretary prior to July 1, 1998, within 30 days of receiving a request from the secretary, a permanency hearing shall be held. If the goal of the plan
submitted pursuant to subsection (a) is reintegration into the family and the court deter-
mines after 12 months from the time such plan is first submitted that progress is inadequate,
the court shall hold a hearing pursuant to subsection (c). Nothing in this subsection shall
be interpreted to prohibit termination of parental rights prior to the expiration of 12 months.
(c) Whenever a hearing is required under subsection (b), the court shall notify all in-
terested parties and hold a hearing to determine whether proceedings shall be commenced pursuant to this code to terminate the parental rights of either or both parents. If, after hearing, the court determines that the child's needs are not adequately being met, the court shall order commencement of proceedings pursuant to this code to terminate the parental rights of either or both parents unless the court finds good cause why the plan should be modified or a new plan adopted. If the court finds good cause why the plan should be modified or a new plan adopted the foster parents, preadoptive parents or relatives providing care for the child and hold a hearing. Individuals receiving notice pursuant to this subsection shall not be made a party to the action solely on the basis of this notice and opportunity to be heard. After providing the interested parties, foster parents, preadoptive parents or rel- atives providing care for the child an opportunity to be heard, the court shall determine whether the child's needs are being adequately met and whether reintegration continues to be a viable alternative. If the court finds reintegration is no longer a viable alternative, the court shall consider whether the child is in a stable placement with a relative, services set out in the case plan necessary for the safe return of the child have been made available to the parent with whom reintegration is planned or compelling reasons are documented in the case plan to support a finding that neither adoption nor permanent guardianship are in the child's best interest. If reintegration is not a viable alternative and either adoption or per- manent guardianship might be in the best interests of the child, the county or district attorney or the county or district attorney's designee shall file a motion to terminate parental rights or for permanent guardianship within 30 days and the court shall set a hearing on such motion within 90 days of the filing of such motion. When the court finds reintegration continues to be a viable alternative, the court may rescind any of its prior dispositional orders
and enter any dispositional order authorized by this code or may order that a new plan for
the reintegration be prepared and submitted to the court.
Sec. 6. K.S.A. 38-1581 is hereby amended to read as follows: 38-1581. (a) Either in the
petition filed under this code or in a motion made in proceedings under this code, any
interested party may request that the parental rights of either or both parents be found unfit and the parental rights of either or both parents be terminated or a permanent guardianship be appointed.
(b) Whenever a pleading is filed requesting termination of parental rights, the pleading
shall contain a statement of specific facts which are relied upon to support the request,
including dates, times and locations to the extent known.
(c) The county or district attorney or the county or district attorney's designee shall file pleadings alleging a parent is unfit and requesting termination of parental rights or per- manent guardianship within 30 days after the court has determined reintegration is not a viable alternative and has not found a compelling reason why adoption or permanent guard- ianship may be in the best interest of the child. The court shall set a hearing on such pleadings and matters within 90 days of the filing of such pleadings.
Sec. 7. K.S.A. 1997 Supp. 38-1582 is hereby amended to read as follows: 38-1582. (a)
Upon receiving a petition or motion requesting termination of parental rights or permanent guardianship the court shall set the time and place for the hearing on the request.
(b) (1) The court shall give notice of the hearing: (A) As provided in K.S.A. 38-1533
and 38-1534 and amendments thereto; and (B) to all the child's grandparents at their last
known addresses or, if no grandparent is living or if no living grandparent's address is known,
to the closest relative of each of the child's parents whose address is known,; and (C) to the foster parents, preadoptive parents or relatives providing care; which notice shall be given
by restricted mail not less than 10 business days before the hearing. Individuals receiving notice pursuant to this subsection shall not be made a party to the action solely on the basis of this notice and opportunity to be heard.
(2) The provisions of subsection (b)(1)(B) shall not require additional notice to any
person otherwise receiving notice of the hearing pursuant to K.S.A. 38-1536 and amend-
ments thereto.
(3) Prior to the commencement of the hearing the court shall determine that due
diligence has been used in determining the identity of the interested parties and in accom-
plishing service of process.
(c) In any case in which a parent of a child cannot be located by the exercise of due
diligence, service shall be made upon the child's nearest blood relative who can be located
and upon the person with whom the child resides. Service by publication shall be ordered
upon the parent.
(d) Prior to a hearing on a petition or a motion requesting termination of parental rights,
the court shall appoint an attorney to represent any parent who fails to appear and may
award a reasonable fee to the attorney for services. The fee may be assessed as an expense
in the proceedings.
Sec. 8. K.S.A. 1997 Supp. 38-1583 is hereby amended to read as follows: 38-1583. (a)
When the child has been adjudicated to be a child in need of care, the court may terminate
parental rights when the court finds by clear and convincing evidence that the parent is
unfit by reason of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the foreseeable future.
(b) In making a determination hereunder the court shall consider, but is not limited to,
the following, if applicable:
(1) Emotional illness, mental illness, mental deficiency or physical disability of the par-
ent, of such duration or nature as to render the parent unlikely to care for the ongoing
physical, mental and emotional needs of the child;
(2) conduct toward a child of a physically, emotionally or sexually cruel or abusive na-
ture;
(3) excessive use of intoxicating liquors or narcotic or dangerous drugs;
(4) physical, mental or emotional neglect of the child;
(5) conviction of a felony and imprisonment;
(6) unexplained injury or death of another child or stepchild of the parent;
(7) reasonable efforts by appropriate public or private child caring agencies have been
unable to rehabilitate the family; and
(8) lack of effort on the part of the parent to adjust the parent's circumstances, conduct
or conditions to meet the needs of the child.
(c) In addition to the foregoing, when a child is not in the physical custody of a parent,
the court, in proceedings concerning the termination of parental rights, shall also consider,
but is not limited to the following:
(1) Failure to assure care of the child in the parental home when able to do so;
(2) failure to maintain regular visitation, contact or communication with the child or
with the custodian of the child;
(3) failure to carry out a reasonable plan approved by the court directed toward the
integration of the child into the parental home; and
(4) failure to pay a reasonable portion of the cost of substitute physical care and main-
tenance based on ability to pay.
In making the above determination, the court may disregard incidental visitations, con-
tacts, communications or contributions.
(d) The rights of the parents may be terminated as provided in this section if the court
finds that the parents have abandoned the child or the child was left under such circum-
stances that the identity of the parents is unknown and cannot be ascertained, despite
diligent searching, and the parents have not come forward to claim the child within three
months after the child is found.
(e) The existence of any one of the above standing alone may, but does not necessarily,
establish grounds for termination of parental rights. The determination shall be based on
an evaluation of all factors which are applicable. In considering any of the above factors for
terminating the rights of a parent, the court shall give primary consideration to the physical,
mental or emotional condition and needs of the child. If presented to the court and subject
to the provisions of K.S.A. 60-419, and amendments thereto, the court shall consider as
evidence testimony from a person licensed to practice medicine and surgery, a licensed
psychologist or a licensed social worker expressing an opinion relating to the physical, mental
or emotional condition and needs of the child. The court shall consider any such testimony
only if the licensed professional providing such testimony is subject to cross-examination.
(f) A termination of parental rights under the Kansas code for care of children shall not
terminate the right of the child to inherit from or through the parent. Upon such termi-
nation, all the rights of birth parents to such child, including their right to inherit from or
through such child, shall cease.
(g) If, after finding the parent unfit, the court determines a compelling reason why it is not in the best interests of the child to terminate parental rights, the court may award permanent guardianship to an individual providing care for the child, a relative or other person with whom the child has a close emotional attachment. Prior to awarding permanent guardianship, the court shall receive and consider an assessment as provided in K.S.A. 59- 2132 and amendments thereto of any potential permanent guardian.
(h) If a parent is convicted of an offense as provided in subsection (7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile offender because of an act which if committed by an adult would be an offense as provided in subsection (7) of K.S.A. 38-1585 and amendments thereto, and if the victim was the other parent of a child, the court may disregard such convicted or adjudicated parent's opinions or wishes in regard to the place- ment of such child.
Sec. 9. K.S.A. 1997 Supp. 38-1585 is hereby amended to read as follows: 38-1585. (a)
It is presumed in the manner provided in K.S.A. 60-414 and amendments thereto that a
parent is unfit by reason of conduct or condition which renders the parent unable to fully
care for a child, if the state establishes by clear and convincing evidence that:
(1) A parent has previously been found to be an unfit parent in proceedings under K.S.A.
38-1581 et seq. and amendments thereto, or comparable proceedings under the laws of
another state, or the federal government;
(2) a parent has twice before been convicted of a crime specified in article 34, 35, or
36 of chapter 21 of the Kansas Statutes Annotated, or comparable offenses under the laws
of another state, the federal government or any foreign government, or an attempt or at-
tempts to commit such crimes and the victim was under the age of 18 years;
(3) on two or more prior occasions a child in the physical custody of the parent has been
adjudicated a child in need of care as defined by subsection (a)(3) of K.S.A. 38-1502 and
amendments thereto;
(4) the parent has been convicted of causing the death of another child or stepchild of
the parent;
(5) the child has been in an out-of-home placement, other than kinship care, under
court order for a cumulative total period of one year or longer and the parent has substan-
tially neglected or willfully refused to carry out a reasonable plan, approved by the court,
directed toward reintegration of the child into the parental home; or
(6) (1) the child has been in an out-of-home placement, other than kinship care, under
court order for a cumulative total period of two years or longer; (2) the parent has failed to
carry out a reasonable plan, approved by the court, directed toward reintegration of the
child into the parental home; and (3) there is a substantial probability that the parent will
not carry out such plan in the near future.; or
(7) a parent has been convicted of capital murder, K.S.A. 21-3439 and amendments thereto, murder in the first degree, K.S.A. 21-3401 and amendments thereto, murder in the second degree, K.S.A. 21-3402 and amendments thereto or voluntary manslaughter, K.S.A. 21-3403 and amendments thereto, or if a juvenile has been adjudicated a juvenile offender because of an act which if committed by an adult would be an offense as provided in this subsection, and the victim of such murder was the other parent of the child.
(b) The burden of proof is on the parent to rebut the presumption. In the absence of
proof that the parent is presently fit and able to care for the child or that the parent will be
fit and able to care for the child in the foreseeable future, the court shall now terminate the
parents parental rights in proceedings pursuant to K.S.A. 38-1581 et seq. and amendments
thereto.
Sec. 10. K.S.A. 59-2132 is hereby amended to read as follows: 59-2132. (a) Except as
provided in subsection (h), in independent and agency adoptions, the court shall require
the petitioner to obtain an assessment by a court approved social worker licensed to practice
social work in Kansas or by a licensed child-placing agency of the advisability of the adoption.
(b) The petitioner shall file with the court, not less than 10 days before the hearing on
the petition, a report of the assessment and, if necessary, confirmation or clarification of the
information filed under K.S.A. 59-2130, and amendments thereto.
(c) If there is no licensed social worker or licensed child-placing agency available to
make the assessment and report to the court, the court may use the department of social
and rehabilitation services for that purpose.
(d) The costs of making the assessment and report may be assessed as court costs in
the case as provided in article 20 of chapter 60 of the Kansas Statutes Annotated and
amendments thereto.
(e) In making the assessment, the social worker, child-placing agency or department of
social and rehabilitation services is authorized to observe the child in the petitioner's home,
verify financial information of the petitioner, shall clear the name of the petitioner with the
child abuse and neglect registry through the department of social and rehabilitation services and, when appropriate, with a similar registry in another state or nation, shall determine whether the petitioner has been convicted of a felony for any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or, within the last five years been convicted of a felony violation of the uniform controlled substances act, K.S.A. 65-4101 et seq. and amendments thereto and, when appropriate, any similar conviction in another jurisdiction, and to contact the agency or individuals consenting to
the adoption and confirm and, if necessary, clarify any genetic and medical history filed with
the petition. This information shall be made a part of the report to the court. The report to
the court by the social worker, child-placing agency or department of social and rehabili-
tation services shall include the results of the investigation of the petitioner, the petitioner's
home and the ability of the petitioner to care for the child.
(f) In the case of a nonresident who is filing a petition to adopt a child in Kansas, the
assessment and report required by this section must be completed in the petitioner's state
of residence by a licensed social worker, a licensed child-placing agency or a comparable
entity in that state and filed with the court not less than 10 days before the hearing on the
petition.
(g) The assessment and report required by this section must have been completed not
more than one year prior to the filing of the petition for adoption.
(h) The assessment and report required by this section may be waived by the court upon
review of a petition requesting such waiver by such child's grandparent or grandparents or
upon the court's own motion.
Sec. 11. K.S.A. 38-1561, 38-1581 and 59-2132 and K.S.A. 1997 Supp. 38-1502, 38-
1502b, 38-1562, 38-1563, 38-1565, 38-1582, 38-1583 and 38-1585 are hereby repealed.
Sec. 12. This act shall take effect and be in force from and after its publication in the
statute book.'';
In the title, in line 10, by striking ``the'' and inserting ``children in need of care;''; in line
11, by striking all after ``rights''; in line 12, by striking all before the period and inserting: ``;
amending K.S.A. 38-1561, 38-1581 and 59-2132 and K.S.A. 1997 Supp. 38-1502, 38-1562,
38-1563, 38-1565, 38-1582, 38-1583 and 38-1585 and repealing the existing sections; also
repealing K.S.A. 1997 Supp. 38-1502b''; and the bill be passed as amended.
Committee on Transportation and Tourism recommends HB 2894, as amended by
House Committee, be amended on page 3, in line 6, by striking ``1994'' and inserting ``1998'';
in line 40, by striking ``screen and evaluate'' and inserting ``select five members from the
council, four voting members of the council and one ex officio member of the council, to
act as a committee for the purpose of screening and evaluating'';
On page 4, in line 2, by striking ``council on travel and tourism'' and inserting ``committee
selected under paragraph (5) of subsection (a),''; in line 3, by striking ``council'' and inserting
``committee''; in line 12, by striking ``travel and tourism council'' and inserting ``committee'';
following line 32, by inserting the following sections:
``Sec. 4. K.S.A. 79-4801 is hereby amended to read as follows: 79-4801. There is hereby
created the state gaming revenues fund in the state treasury. All moneys credited to such
fund shall be expended or transferred only for the purposes and in the manner provided by
this act and all expenditures from the state gaming revenues fund shall be made in accord-
ance with appropriation acts. All moneys credited to such the gaming revenues fund shall
be allocated and credited monthly to the funds and in the amounts specified by this act
except that the total of the amounts credited to such funds in any one fiscal year pursuant
to this act shall not exceed $50,000,000. All amounts credited to such the gaming revenues
fund in any one fiscal year which are in excess of $50,000,000 shall be transferred and
credited to the state general fund on July 15, 1996, and June 25, 1997, and each year thereafter on June 25, except that of the amounts to be transferred from the gaming revenues fund as of June 25, 1998, June 25, 1999, June 25, 2000, and June 25, 2001, 75% of such moneys shall be credited to the state general fund and 25% of such moneys shall be credited to the state tourism fund on each such date.
Sec. 5. K.S.A. 1997 Supp. 74-9003 is hereby amended to read as follows: 74-9003. (a)
There is hereby established in the state treasury the state tourism fund. All moneys credited
to the state tourism fund shall only be used for expenditures for the purposes of developing
new tourism attractions in Kansas and to significantly expand existing tourism attractions in
Kansas. Both public and private entities shall be eligible to apply for funds under the pro-
visions of this act.
(b) The secretary of commerce and housing shall administer the provisions of this act.
The secretary may adopt rules and regulations establishing criteria for obtaining grants and
other expenditures from such fund and other matters deemed necessary for the adminis-
tration of this act.
(c) All expenditures from such fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant to vouchers
approved by the secretary of commerce and housing or the secretary's designee.
(d) The secretary of commerce and housing shall prepare and submit budget estimates for all proposed expenditures from the state tourism fund in accordance with the provisions of K.S.A. 75-3717 and 75-3717b and amendments thereto. Such budget estimates shall include detailed information regarding all proposed expenditures for programs, projects, activities and other matters and shall set forth separately each program, project, activity or other expenditure for which the proposed expenditures from the state tourism fund for a fiscal year are for an amount that is equal to $50,000 or more. Appropriations for the department of commerce and housing of moneys in the state tourism fund for each program, project, activity or other expenditure for a fiscal year for an amount that is equal to $50,000 or more shall be made as a separate item of appropriation. The secretary of commerce and housing shall prepare and submit in its annual report under K.S.A. 74-5049, and amend- ments thereto, detailed information regarding expenditures made from the state tourism fund for programs, projects, activities and other matters.
(e) The legislature shall approve or disapprove of any itemized expenditure from the state tourism fund.
(f) (e) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the state tourism fund established in subsection (a)
interest earnings based on:
(1) The average daily balance of moneys in the state tourism fund for the preceding
month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding
month.
Sec. 6. K.S.A. 1997 Supp. 74-9004 is hereby amended to read as follows: 74-9004. (a)
The council on travel and tourism, established under K.S.A. 74-9001, and amendments
thereto, shall oversee all matters concerning the state tourism fund and expenditures there-
from.
(b) The council, by a majority vote, shall determine for inclusion in the department of commerce and housing recommend budget expenditures from the state tourism fund with final approval by the secretary of commerce and housing. No expenditures may be made from the fund without the council's recommendation. If the secretary vetoes a recommen- dation, the council may override the secretary's veto by a 2/3 vote.'';
By renumbering sections accordingly;
Also on page 4, in line 33, by striking ``and 74-5090'' and inserting ``, 74-5090 and 79-
4801''; in line 34, by striking ``and and 74-9002'' and inserting ``, 74-9002, 74-9003 and 74-
9004''; in line 36, by striking ``statute book'' and inserting ``Kansas register'';
In the title, in line 10, following ``to'' by inserting ``travel and tourism; concerning financ-
ing; relating to''; in line 15, following ``74-5032a'' by inserting ``and 79-4801''; also in line
15, following ``74-9002'' by inserting ``, 74-9003 and 74-9004''; and the bill be passed as
amended.
REPORT ON ENROLLED BILLS
SR 1829 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on March 16, 1998.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Clark in the chair.
On motion of Senator Clark the following report was adopted:
Recommended that SB 604; HB 2564, be passed.
SB 432 be amended by adoption of the committee amendments.
Senator Clark proposed to further amend the bill on page 4, in line 8, by striking ``or 25-
4150'' and inserting ``, 25-4150 or section 5'';
On page 5, following line 35, by inserting:
``Sec. 4. K.S.A. 1997 Supp. 25-4148 is hereby amended to read as follows: 25-4148. (a)
Every treasurer shall file a report prescribed by this section. Reports filed by treasurers for
candidates for state office, other than officers elected on a state-wide basis, shall be filed in
both the office of the secretary of state and in the office of the county election officer of
the county in which the candidate is a resident. Reports filed by treasurers for candidates
for state-wide office shall be filed only with the secretary of state. Reports filed by treasurers
for candidates for local office shall be filed in the office of the county election officer of the
county in which the name of the candidate is on the ballot. Except as otherwise provided
by subsection (h), all such reports shall be filed in time to be received in the offices required
on or before each of the following days:
(1) The eighth day preceding the primary election, which report shall be for the period
beginning on January 1 of the election year for the office the candidate is seeking and ending
12 days before the primary election, inclusive;
(2) the eighth day preceding a general election, which report shall be for the period
beginning 11 days before the primary election and ending 12 days before the general elec-
tion, inclusive;
(3) January 10 of the year after an election year, which report shall be for the period
beginning 11 days before the general election and ending on December 31, inclusive;
(4) for any calendar year when no election is held, a report shall be filed on the next
January 10 for the preceding calendar year;
(5) a treasurer shall file only the annual report required by subsection (4) for those years
when the candidate is not participating in a primary or general election.;
(6) June 10 of each year, the aggregate amount of all contributions received by a com- mittee and required to be reported pursuant to section 5, and amendments thereto.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;
(2) the name and address of each person who has made one or more contributions in
an aggregate amount or value in excess of $50 during the election period together with the
amount and date of such contributions, including the name and address of every lender,
guarantor and endorser when a contribution is in the form of an advance or loan;
(3) the aggregate amount of all proceeds from bona fide sales of political materials such
as, but not limited to, political campaign pins, buttons, badges, flags, emblems, hats, banners
and literature;
(4) the aggregate amount of contributions for which the name and address of the con-
tributor is not known;
(5) each contribution, rebate, refund or other receipt not otherwise listed;
(6) the total of all receipts;
(7) the name and address of each person to whom expenditures have been made in an
aggregate amount or value in excess of $50, with the amount, date, and purpose of each and
the names and addresses of all persons to whom any loan or advance has been made;. When
an expenditure is made by payment to an advertising agency, public relations firm or political
consultants for disbursement to vendors, the report of such expenditure shall show in detail
the name of each such vendor and the amount, date and purpose of the payments to each;
(8) the name and address of each person from whom an in-kind contribution was re-
ceived or who has paid for personal services provided without charge to or for any candidate,
candidate committee, party committee or political committee, if the contribution is in excess
of $50 and is not otherwise reported under subsection (b)(7), and the amount, date and
purpose of the contribution;
(9) the aggregate of all expenditures not otherwise reported under this section; and
(10) the total of expenditures.
(c) Treasurers of candidates and of candidate committees shall be required to itemize,
as provided in subsection (b)(2), only the purchase of tickets or admissions to testimonial
events by a person who purchases such tickets or admissions in an aggregate amount or
value in excess of $50 per event, or who purchases such a ticket or admission at a cost
exceeding $25 per ticket or admission. All other purchases of tickets or admissions to tes-
timonial events shall be reported in an aggregate amount and shall not be subject to the
limitations specified in K.S.A. 25-4154, and amendments thereto.
(d) If a contribution or other receipt from a political committee is required to be re-
ported under subsection (b), the report shall include the full name of the organization with
which the political committee is connected or affiliated or, name or description sufficiently
describing the affiliation or, if the committee is not connected or affiliated with any one
organization, the trade, profession or primary interest of contributors of the political com-
mittee.
(e) The commission may require any treasurer to file an amended report for any period
for which the original report filed by such treasurer contains material errors or omissions,
and notice of the errors or omissions shall be part of the public record. The amended report
shall be filed within 30 days after notice by the commission.
(f) The commission may require any treasurer to file a report for any period for which
the required report is not on file, and notice of the failure to file shall be part of the public
record. Such report shall be filed within five days after notice by the commission.
(g) For the purpose of any report required to be filed pursuant to subsection (a) by the
treasurer of any candidate seeking nomination by convention or caucus or by the treasurer
of the candidate's committee or by the treasurer of any party committee or political com-
mittee of which the primary purpose is supporting or opposing the nomination of any such
candidate, the date of the convention or caucus shall be considered the date of the primary
election.
(h) If a report is sent by certified or registered mail on or before the day it is due, the
mailing shall constitute receipt by that office.
New Sec. 5. (a) When used in this section:
(1) ``Committee'' means (A) the committee established by a state committee of any
political party and designated as a recognized political committee for the senate or house
of representatives; or (B) a political committee established by members of either house of
the legislature belonging to the same political party and designated as a political committee
for the member of such party in such house.
(2) ``Final action'' means the last vote on a legislative matter by the members of each
chamber of the legislature.
(3) ``Legislative matter'' means any bill, resolution, appointment or other issue or pro-
posal pending before the legislature, committee or subcommittee thereof.
(b) The treasurer of any committee receiving contributions from persons seeking to
influence action on a legislative matter during the time period specified by K.S.A. 25-4143,
and amendments thereto, shall file a report in the office of the secretary of state prior to
the time of final action on such legislative matter. Such report shall contain the information
required by K.S.A.25-4148, and amendments thereto.'';
By renumbering sections accordingly;
Also on page 5, in line 36, following ``Supp.'' by inserting ``25-4148,'';
In the title, in line 12, following ``Supp.'' by inserting ``25-4148,''
On motion of Senator Emert, the amendment was adopted.
The Committee recommended SB 432 be passed as further amended.
The following amendments offered to SB 432 were rejected:
Senator Harrington moved to amend the bill on page 5, following line 35, by inserting:
``New Sec. 4. No officer or employee of the state of Kansas, any county, any unified
school district having 35,000 or more pupils regularly enrolled in the preceding school year,
any city of the first class or the board of public utilities of the city of Kansas City, Kansas,
responsible for the disbursement of funds in payment of wages or salaries shall withhold or
divert a portion of an employee's wages or salaries for contributions to political committees
for use as political contributions except upon the written request of the employee. Any new
request after the effective date of this act shall be made on a form approved by the Kansas
commission of governmental standards and conduct. The form shall contain a clear and
unambiguous statement that the employee may choose not to make such request for de-
duction which shall not affect in any way membership to an organization which is affiliated
with the political action committee. The form must be signed and filled out by the employee
in order to be valid.
Nothing in this section shall be construed as voiding requests made prior to July 1, 1998.
New Sec. 5. No officer or employee of any municipality or political subdivision of the
state described in K.S.A. 25-901, and amendments thereto, responsible for the disbursement
of funds in payment of wages or salaries shall withhold or divert a portion of an employee's
wages or salaries for contributions to political committees for use as political contributions
except upon the written request of the employee. Any new request after the effective date
of this act shall be made on a form approved by the Kansas commission of governmental
standards and conduct. The form shall contain a clear and unambiguous statement that the
employee may choose not to make such request for deduction which shall not affect in any
way membership to an organization which is affiliated with the political action committee.
The form must be signed and filled out by the employee in order to be valid.
Nothing in this section shall be construed as voiding requests made prior to July 1, 1998.'';
By renumbering sections accordingly;
In the title, in line 10, by striking ``requiring''; in line 11, by striking all before ``amending''.
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 17, nays 22, present and passing 0; absent or not voting
1.
Senator Brownlee moved to amend the bill on page 1, following line 15, by inserting:
``Section 1. K.S.A. 1997 Supp. 25-4143 is hereby amended to read as follows: 25-4143.
As used in the campaign finance act, unless the context otherwise requires:
(a) ``Candidate'' means an individual who: (1) Appoints a treasurer or a candidate com-
mittee,
(2) makes a public announcement of intention to seek nomination or election to state
or local office,
(3) makes any expenditure or accepts any contribution for the purpose of influencing
such person's nomination or election to any state or local office, or
(4) files a declaration or petition to become a candidate for state or local office.
(b) ``Candidate committee'' means a committee appointed by a candidate to receive
contributions and make expenditures for the candidate.
(c) ``Commission'' means the Kansas commission on governmental standards and con-
duct created by K.S.A. 25-4119a, and amendments thereto.
(d) (1) ``Contribution'' means: (A) Any advance, conveyance, deposit, distribution, gift,
loan or payment of money or any other thing of value made for the purpose of influencing
the nomination or election of any individual to state or local office;
(B) a transfer of funds between any two or more candidate committees, party commit-
tees or political committees;
(C) the payment, by any person other than a candidate, candidate committee, party
committee or political committee, of compensation to an individual for the personal services
rendered without charge to or for a candidate's campaign or to or for any such committee;
(D) the purchase of tickets or admissions to, or advertisements in journals or programs
for, testimonial events;
(E) a mailing of materials designed to influence the nomination or election of a candi-
date, which is made and paid for by a party committee with the consent of such candidate.
(2) ``Contribution'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer related to the rendering of volunteer services not exceeding a
fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding a fair market value of $50 per event.
(e) ``Election'' means: (1) A primary or general election for state or local office and (2)
a convention or caucus of a political party held to nominate a candidate for state or local
office.
(f) (1) ``Expenditure'' means: (A) Any purchase, payment, distribution, loan, advance,
deposit or gift of money or any other thing of value made for the purpose of influencing
the nomination or election of any individual to state or local office;
(B) any contract to make an expenditure;
(C) a transfer of funds between any two or more candidate committees, party commit-
tees or political committees;
(D) payment of a candidate's filing fees.
(2) ``Expenditure'' does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer incidental to the rendering of volunteer services not exceeding
a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149,
and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals, lodging and travel
by personal automobile of the candidate or candidate's spouse while campaigning or pay-
ment of such costs by the treasurer of a candidate or candidate committee;
(D) the value of goods donated to events such as testimonial events, bake sales, garage
sales and auctions by any person not exceeding fair market value of $50 per event; or
(E) any communication by an incumbent elected state or local officer with one or more
individuals unless the primary purpose thereof is to influence the nomination or election of
a candidate.
(g) ``Party committee'' means the state committee of a political party regulated by article
3 of chapter 25 of the Kansas Statutes Annotated, or the county central committee or the
state committee of a political party regulated under article 38 of chapter 25 of the Kansas
Statutes Annotated or the bona fide national organization or committee of those political
parties regulated by the Kansas Statutes Annotated, or not more than one political com-
mittee established by the state committee of any such political party and designated as a
recognized political committee for the senate or not more than one political committee
established by the state committee of any such political party and designated as a recognized
political committee for the house of representatives.
(h) ``Person'' means any individual, committee, corporation, partnership, trust, organi-
zation or association.
(i) ``Political committee'' means any combination of two or more individuals or any
person other than an individual, a major purpose of which is to support or oppose any
candidate for state or local office, but not including any candidate committee or party
committee.
(j) ``Receipt'' means a contribution or any other money or thing of value, but not in-
cluding volunteer services provided without compensation, received by a treasurer in the
treasurer's official capacity.
(k) ``State office'' means any state office as defined in K.S.A. 25-2505, and amendments
thereto.
(l) ``Testimonial event'' means an event held for the benefit of an individual who is a
candidate to raise funds for such candidate's campaign. Testimonial events include but are
not limited to dinners, luncheons, rallies, barbecues and picnics.
(m) ``Treasurer'' means a treasurer of a candidate or of a candidate committee, a party
committee or a political committee appointed under the campaign finance act or a treasurer
of a combination of individuals or a person other than an individual which is subject to
paragraph (2) of subsection (a) of K.S.A. 25-4172, and amendments thereto.
(n) ``Local office'' means a member of the governing body of a city of the first class, any
elected office of a unified school district having 35,000 or more pupils regularly enrolled in
the preceding school year, a county or, of the board of public utilities, precinct committee- man or precinct committeewoman.'';
Also on page 1, in line 16, by striking ``Section 1.'' and inserting ``Sec. 2.'';
By renumbering sections 2 through 5 as sections 3 through 6, respectively;
On page 5, in line 36, following ``Supp.'' by inserting ``25-4143,'';
In the title, in line 12, following ``Supp.'' by inserting ``25-4143,''.
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 15, nays 24, present and passing 1; absent or not voting
0.
Senator Huelskamp moved to amend the bill on page 3, in line 15, by striking ``Every''
and inserting ``Except as provided herein, every''; in line 23, following the period, by in-
serting ``Any person required to file a statement by this section, shall not be required to
report the name or address of any person who has made a contribution to such person.'';
by striking all in lines 35 through 39;
By relettering subsections accordingly.
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 13, nays 26, present and passing 1; absent or not voting
0.
Senator Hardenburger moved to amend the bill on page 1, in line 21, by striking ``other
than a candidate, candidate com-''; in line 22, by striking all before ``who''
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 14, nays 26, present and passing 0; absent or not voting
0.
HB 2418 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Clark on page 1, after line 14, by inserting:
``Section 1. K.S.A. 1997 Supp. 55-1,101 is hereby amended to read as follows: 55-1,101.
(a) As used in K.S.A. 1997 Supp. 55-1,101 through 55-1,109, and amendments thereto:
(1) ``Gas gathering services'' means the gathering or preparation of natural gas for trans-
portation, whether such services are performed for hire or in connection with the purchase
of natural gas by the person gathering or preparing the gas or a marketer affiliated with the
person gathering or preparing the gas. ``Gas gathering services'' does not include the gath-
ering of natural gas by an owner or operator of gathering facilities who: (A) Does not hold
such facilities out for hire on or after the effective date of this act; or and (B) does not
purchase the gas for resale.
(2) Other terms have the meanings provided by K.S.A. 55-150, and amendments
thereto.
(b) The provisions of K.S.A. 1997 Supp. 55-1,101 through 55-1,109, and amendments thereto, shall be part of and supplemental to chapter 55 of the Kansas Statutes Annotated.
(c) This section shall take effect and be in force on and after July 1, 1997.'';
Also on page 1, in line 15, by striking ``Section 1'' and inserting ``Sec. 2'';
On page 3, by renumbering sections 2 and 3 accordingly; in line 16, by striking ``is'' and
inserting ``and 55-1,101 are'';
In the title, in line 11, before ``amending'' by inserting ``concerning certain exemptions
from regulation of gas gathering services;''; in line 12, before ``and'' by inserting ``and 55-
1,101''; also in line 12, by striking ``section'' and inserting ``sections'', and the bill be passed
as further amended.
HB 2718 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Steffes on page 1, in line 23, by striking ``of'', and the bill
be passed as further amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2 3/ constitutional majority,
and SB 432, 604; HB 2418, 2564, 2718 were advanced to Final Action and roll call.
SB 432, An act concerning elections; relating to campaign finance; requiring the filing
and disclosure of certain information; amending K.S.A. 25-4150 and K.S.A. 1997 Supp.
25-4148, 25-4152 and 25-4157a and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 24, nays 16, present and passing 0; absent or not voting
0.
Mr. President: We all took the oath of office to uphold the Constitution of the United
States. Numerous Supreme Court cases have already declared the content of SB 432 un-
constitutional. Yet this body is willing to embrace the concepts that discourage involvement
in the political process, especially for the little guy and instead increase the power of large
well-funded organizations. Freedom of political speech is a precious right. Let us heed the
words of President Abraham Lincoln:
``Accustomed to trample on the rights of others, you have lost the genius of your own
independence and become the fit subjects of the first cunning tyrant who rises among
you.''--Karin Brownlee
Mr. President: The First Amendment is not a loophole. And it should not be treated as
such. Whatever may be wrong with our current political system, restricting political speech
is not the answer. The fact is, we do have problems with the current system--but those
problems pale in comparison to outlawing and stifling political speech, which strikes at the
political conversation that is the very heart of our republic. Any attempt to fix finance laws
runs headlong into the First Amendment, which our Founding Fathers correctly believed
to be the very essence of our then-new nations' political superiority over its forbears.
As one of our illustrious editors noted in a recent newspaper, ``Remember, the greatest
political ads in our history, the series of the pro-Constitution writings that came to be known
as The Federalist Papers, were published anonymously. People had to judge the strength
of the arguments without knowing their source. Apparently, though, today's voters are not
as smart as Americans of 210 years ago. Today's voters, they say, are more likely to be led
down the garden path by invalid arguments if we are not allowed to know who paid for
them.'' I vote NO on SB 432.--Janice Hardenburger
Senators Bleeker, Clark, Donovan, Gilstrap, Harrington, Pugh, Tyson and Umbarger re-
quest the record to show they concur with the ``Explanation of Vote'' offered by Senator
Hardenburger on SB 432.
Mr. President: The First Amendment has its fullest and most urgent application to
political campaigns. Protecting expression about political ideas, candidates, and parties was
what the Framers had in mind. Indeed, the Supreme Court has declared that political
expression is ``at the core of our electoral process and of the First Amendment freedoms.''
As we have clearly demonstrated, SB 432 is unconstitutional. It will regulate expression
about issues or policies or other ideas. While our history is based upon the free, unfettered
expression of ideas, this bill instead moves toward government control of speech. For if the
state deems your speech as influencing, you will have to register before engaging in it, report
when and what you did, and provide the state a list of your supporters.
This bill is not about true ``reform.'' It is about destroying the Constitution and protecting
incumbents. It is about prior restraint and government control. True reform would enhance
the power of People to communicate their ideas, not increase the power of the media, PACs,
and incumbents. If ``full disclosure'' and prior restraint is good enough for everyone, why
have we exempted ourselves, current PACs and all other political powers from the provisions
of this bill?--Tim Huelskamp
SB 604, An act concerning school districts; authorizing the collection of fees for main-
tenance of kindergarten for full school days; imposing certain limitations, was considered
on final action.
On roll call, the vote was: Yeas 21, nays 19, present and passing 0; absent or not voting
0.
Mr. President: I vote no onSB 604. If all-day kindergarten is good policy, then we
ought to be working together as a state to guarantee that all children have the opportunity
to attend sessions in their districts. Voting for this proposal sets up yet another disequal
situation between districts with wealth and those without such resources.
This bill is a dangerous deviation from the concept of public education funding.--
Christine Downey
Senators Gooch, Goodwin, Hensley and Petty request the record to show they concur
with the ``Explanation of Vote'' offered by Senator Downey on SB 604.
Mr. President: While I support the proven merits of full-time kindergarten, I am
alarmed with the message this bill sends to public education in Kansas. The bill's effect will
provide full-time kindergarten for some students in some communities, but not for others.
When families have an equal choice as to whether their child should attend half or full-time
kindergarten at the schools in our state, we fulfill our responsibility for equal access to public
education. This bill does not provide equal access--so I must vote ``no''.--Lana Oleen
Senators Barone, Feleciano and Hensley request the record to show they concur with the
``Explanation of Vote'' offered by Senator Oleen on SB 604.
HB 2418, An act concerning oil and gas; relating to operators of wells, gas gathering
systems and underground natural gas storage facilities; concerning certain exemptions from
regulation of gas gathering services; amending K.S.A. 1997 Supp. 55-155 and 55-1,101 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 26, nays 14, present and passing 0; absent or not voting
0.
HB 2564, An act repealing K.S.A. 13-1426, 13-1427, 13-1428, 13-14,111, 13-14,112 and
13-1901; concerning certain cities; relating to the powers and duties of the governing body
thereof, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 2718, An act relating to securities; definitions; amending K.S.A. 1997 Supp. 17-1252,
17-1261 and 17-1262 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.