The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
When I was first elected, I had a dream. Some of the things I dreamed have come
to pass. Others have not.
Having gotten involved in the system with its rules and procedures . . .
Listening to colleagues, conferees, lobbyists, and constituents . . .
Participating in committees, sub-committees, and conference committees . . .
Watching some bills take off and fly high and wide . . .
Watching others take off, crash and burn . . .
Seeing others fly, but hearing no resemblance to their original form . . .
Having gone through several sessions of this, it's easy for a dream to sort of fade
into the background. Not dead, but hard to visualize.
My prayer, O God, is for You to help me keep my dream alive.
Though I may compromise on negotiables, don't let me compromise my dream;
Though I may postpone its fulfillment, don't let me give up on it;
Though I have to face up to reality, don't let me turn my back on my dream.
I thank You in the Name of Christ,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 690, An act concerning crimes and punishments; creating the crime of unlawful
administration of a substance, by Committee on Federal and State Affairs.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS SUPREME COURT
State Of The Judiciary
February 1998
Pursuant to K.S.A. 20-320, the annual report of the Chief Justice of the Kansas Supreme
Court was submitted by Kay McFarland, Chief Justice.
DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
March 19, 1998
Shirley A. Moses, Director, Division of Accounts and Reports, submitted a copy of the
State of Kansas Monthly Financial Report for the month of February, 1998. The Monthly
Financial Perspective is also available on the Internet at the Financial Reporting Section of
the Division of Accounts and Reports.
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
The House accedes to the request of the Senate for a conference on House Substitute for Senate Substitute for Substitute SB 139 and has appointed Representatives Hayzlett,
Howell and Dillon as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 298 and has
appointed Representatives O'Neal, Shore and Reardon as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 449 and has
appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 462 and has
appointed Representatives Cox, Humerickhouse and Correll as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 470 and has
appointed Representatives Cox, Humerickhouse and Correll as conferees on the part of the
House.
Announcing passage of HB 2499, 2886.
Adoption of HCR 5048.
Passage of SB 425, 428, 460, 506, 531.
Also, passage of Substitute SB 573, as amended.
The House concurs in Senate amendments to HB 2418.
The House concurs in Senate amendments to HB 2718.
The House nonconcurs in Senate amendments to HB 2820, requests a conference and
has appointed Representatives Carmody, Morrison and Garner as conferees on the part of
the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2499, 2886; HCR 5048 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Praeger the Senate nonconcurred in the House amendments to SB 485 and requested a conference committee be appointed.
The President appointed Senators Praeger, Salmans and Steineger as a conference com-
mittee on the part of the Senate.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2025, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed as Further Amended by Senate Com-
mittee of the Whole, as follows:
On page 4, strike lines 10 through 18 and insert the following section:
``Sec. 2. K.S.A. 1997 Supp. 21-3106 is hereby amended to read as follows: 21-3106. (1)
A prosecution for murder may be commenced at any time.
(2) Except as provided by subsection (7) (8), a prosecution for any of the following
crimes must be commenced within five years after its commission if the victim is less than
16 years of age: (a) Indecent liberties with a child as defined in K.S.A. 21-3503 and amend-
ments thereto; (b) aggravated indecent liberties with a child as defined in K.S.A. 21-3504
and amendments thereto; (c) enticement of a child as defined in K.S.A. 21-3509 and amend-
ments thereto; (d) indecent solicitation of a child as defined in K.S.A. 21-3510 and amend-
ments thereto; (e) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511
and amendments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-3516 and
amendments thereto; or (g) aggravated incest as defined in K.S.A. 21-3603 and amendments
thereto.
(3) Except as provided in subsection (7) (8), a prosecution for any crime must be com-
menced within 10 years after its commission if the victim is the Kansas public employees
retirement system.
(4) Except as provided by subsection (7) (8), a prosecution for rape, as defined in K.S.A.
21-3502 and amendments thereto, or aggravated criminal sodomy, as defined in K.S.A.
21-3506 and amendments thereto, must be commenced within five years after its commis-
sion.
(5) Except as provided in subsection (7) (8), a prosecution for any crime found in the
Kansas medicaid fraud control act must be commenced within five years after its commis-
sion.
(6) Except as provided by subsection (8), a prosecution for the crime of arson, as defined in K.S.A. 21-3718 and amendments thereto, or aggravated arson, as defined in K.S.A. 21- 3719 and amendments thereto, must be commenced within five years after its commission.
(7) Except as provided by subsection (7) (8), a prosecution for any crime not governed
by subsections (1), (2), (3), (4) and, (5) and (6) must be commenced within two years after
it is committed.
(7) The period within which a prosecution must be commenced shall not include any
period in which:
(a) The accused is absent from the state;
(b) the accused is concealed within the state so that process cannot be served upon the
accused;
(c) the fact of the crime is concealed;
(d) a prosecution is pending against the defendant for the same conduct, even if the
indictment or information which commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal;
(e) an administrative agency is restrained by court order from investigating or otherwise
proceeding on a matter before it as to any criminal conduct defined as a violation of any of
the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes
Annotated which may be discovered as a result thereof regardless of who obtains the order
of restraint; or
(f) whether or not the fact of the crime is concealed by the active act or conduct of the
accused, there is substantially competent evidence to believe two or more of the following
factors are present: (i) The victim was a child under 15 years of age at the time of the crime;
(ii) the victim was of such age or intelligence that the victim was unable to determine that
the acts constituted a crime; (iii) the victim was prevented by a parent or other legal authority
from making known to law enforcement authorities the fact of the crime whether or not
the parent or other legal authority is the accused; and (iv) there is substantially competent
expert testimony indicating the victim psychologically repressed such witness' memory of
the fact of the crime, and in the expert's professional opinion the recall of such memory is
accurate and free of undue manipulation, and substantial corroborating evidence can be
produced in support of the allegations contained in the complaint or information but in no
event may a prosecution be commenced as provided in this section later than the date the
victim turns 28 years of age. Corroborating evidence may include, but is not limited to,
evidence the defendant committed similar acts against other persons or evidence of con-
temporaneous physical manifestations of the crime. ``Parent or other legal authority'' shall
include but not be limited to natural and stepparents, grandparents, aunts, uncles or siblings.
(8) An offense is committed either when every element occurs, or, if a legislative pur-
pose to prohibit a continuing offense plainly appears, at the time when the course of conduct
or the defendant's complicity therein is terminated. Time starts to run on the day after the
offense is committed.
(9) A prosecution is commenced when a complaint or information is filed, or an in-
dictment returned, and a warrant thereon is delivered to the sheriff or other officer for
execution. No such prosecution shall be deemed to have been commenced if the warrant
so issued is not executed without unreasonable delay.'';
On page 5, strike all in lines 22 through 43;
By striking all on pages 6 through 25;
On page 26, by striking all in lines 1 through 40;
And by renumbering the remaining sections accordingly;
On page 27, by striking lines 42 and 43;
By striking all on pages 28 through 31;
On page 32, by striking all in lines 1 through 24;
And by renumbering the remaining sections accordingly;
Also on page 32, in line 25, by striking all after ``21-4318''; in line 26, by striking ``22-
4504,'' and inserting ``and''; also in line 26, after ``22-4507'' by striking ``, 22-4513 and 22-
4522''; also in line 26, by striking ``1996'' and inserting ``1997''; in line 27, by striking ``4603d,
22-3717 and 75-719'' and inserting ``3106'';
In the title, on page 1, in line 21, by striking ``recoupment of certain state expenditures
to provide''; in line 22, by striking ``concerning''; in line 23, by striking ``pretrial release
procedures;'' and inserting ``relating to time limitations on prosecutions for certain crimes;
concerning bail forfeiture;''; also in line 23, after ``21-4318'' by striking the comma; in line
24, by striking ``21-4603, 21-4610, 22-3718, 22-4504,'' and inserting ``and''; also in line 24,
by striking all after ``22-4507''; in line 25, by striking ``4522''; also in line 25, by striking
``1996'' and inserting ``1997''; also in line 25, after ``Supp.'' by striking ``21-4603d, 22-3717
and 75-719'' and inserting ``21-3106'';
And your committee on conference recommends the adoption of this report.
Tim Emert
Lana Oleen
Greta Goodwin
Conferees on part of Senate
Garry G. Boston
Ralph M. Tanner
Ruby Gilbert Conferees on part of House
Senator Emert moved the Senate adopt the Conference Committee report on HB 2025.
On roll call, the vote was: Yeas 35, nays 3, present and passing 2; absent or not voting 0.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Bond and Hensley introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1835--
By Senators Bond and Hensley
A RESOLUTION urging the United States Congress to enact legislation on taxation of
electronic commerce that will treat in-state and out-of-state retailers in an equitable
fashion and help preserve the integrity of the tax systems of state and local governments.
WHEREAS, In Quill Corporation v. North Dakota (1992), the U.S. Supreme Court held
that the federal Due Process Clause did not prohibit states from requiring collection of a
state compensating use tax by out-of-state retailers but that mandatory collection was pro-
hibited by the federal Commerce Clause unless a retailer has a ``physical presence'' in a
state; and
WHEREAS, In the same case the Supreme Court openly invited Congress to exercise
its power under the Commerce Clause to enact legislation which authorized effective col-
lection of state and local compensating use taxes without the requirement of a retailer having
a ``physical presence'' in the state imposing the tax; and
WHEREAS, Congressional inaction since 1992 has led to increased unfairness in state
and local sales and compensating use tax systems, allowing retail sales by out-of-state com-
panies to escape state and local taxation while in-state retailers are required to collect such
taxes; and
WHEREAS, Technology is reinventing the way Americans do business in the global
marketplace of the 21st century, and the 21st century marketplace requires a simplified and
fairer sales tax system; and
WHEREAS, The advent of electronic commerce has made the ``physical presence'' nexus
requirement irrelevant to the realities of interstate retail trade, allowing a rapidly growing
share of retail sales to escape taxation and imposing an even greater burden on main street
retailers with a physical presence in each state; and
WHEREAS, Expected explosive growth in electronic commerce through the Internet is
changing the face of retail sales and can be expected to threaten the collection of future
revenues by states and local governments; and
WHEREAS, Congress is currently considering legislation which would impose a mora-
torium on the collection of certain taxes on electronic commerce, known generally as the
``Internet Tax Freedom Act,'' without solving the ``physical presence'' problem noted in Quill Corp. v. North Dakota, thereby allowing electronic retailers to compete unfairly with
main street retailers; and
WHEREAS, The National Governors Association has recommended enactment of the
``Internet Development Act of 1998,'' which calls for simplification and streamlining of the
state and local sales and use tax while at the same time providing for the collection of state
sales and use taxes on sales through the Internet, mail order catalogues, and other similar
means; and
WHEREAS, The ``Internet Development Act of 1998'' would prohibit new federal, state
and local taxes on individual customers for Internet access as well as taxes on bandwidth
capacity and bit volume; and
WHEREAS, The ``Internet Development Act of 1998,'' would allow states which estab-
lish one sales tax rate on taxable electronic commerce and mail order purchases to collect
the tax from out-of-state sellers, providing for the distribution of part of the collections to
cities and counties and achieving greater equity in the sales tax collection burdens on Kansas
based and out-of-state retailers: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we urge the United States
Congress to proceed with great caution in enacting legislation concerning taxation of elec-
tronic commerce, and any such legislation should relieve states of the ``physical presence''
nexus requirements of Quill Corp. v. North Dakota in regard to interstate retail sales over
the Internet, through the United States mail, or through other means; and
Be it further resolved: That we urge the United States Congress to give careful consid-
eration to the ``Internet Development Act of 1998,'' recommended by the National Gov-
ernors Association and supported by the National League of Cities, which calls for tax
simplification, reduced administrative burdens for consumers and businesses, and fair tax-
ation of intrastate and interstate retail sales; and
Be it further resolved: That the Secretary of the Senate be directed to send copies of
this resolution to the President of the United States, the Majority Leader of the United
States Senate, the Speaker of the United States House of Representatives and each member
of the Kansas Congressional Delegation.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends SB 599 be amended on page 1, following line
36, by inserting a new subsection as follows:
``(c) The cost of collection shall be paid by the defendant as an additional court cost in
all criminal, traffic and juvenile offender cases where the defendant fails to pay any amount
ordered by the court and the court utilizes the services of a contracting agent pursuant to
this section. The cost of collection shall be deemed an administrative fee to pay the actual
costs of collection made necessary by the defendant's failure to pay court debt and resti-
tution.'';
By relettering the remaining subsections accordingly;
On page 2, in line 22, by striking ``not'' and inserting ``be expressed as a percentage not
to''; also in line 22, by striking ``of the debt to be'' and inserting ``actually''; in line 23, by
striking ``from the amount'' and inserting ``or retained from all amounts''; also in line 23, by
striking ``, but'' and inserting ``and''; in line 24, by striking ``the'' and inserting ``any other'';
in line 36, by striking ``for the payment of'' and inserting ``that''; in line 37, following ``col-
lected'', by inserting ``and received by a contracting agent shall be paid''; in line 38, preceding
the period, by inserting ``, after the contracting agent first retains the cost of collection''; in
line 41, by striking ``collection fee'' and inserting ``cost of the collection''; also in line 41,
following ``not'', by inserting ``otherwise'';
On page 3, in line 4, by striking ``(d)'' and inserting ``(e)''; in line 7, by striking ``(e)'' and
inserting ``(f)''; in line 15, by striking ``(d) and (e)'' and inserting ``(e) and (f)''; in line 16, by
striking ``(e)'' and inserting ``(f)''; in line 19, by striking ``(d)'' and inserting ``(e)''; in line 22,
by striking ``statute book'' and inserting ``Kansas register''; and the bill be passed as amended.
Also SB 675 be amended by substituting a new bill to be designated as ``Substitute for
SENATE BILL No. 675,'' as follows:
``Substitute for SENATE BILL No. 675
By Committee on Commerce
``AN ACT concerning economic development; relating to certain projects of statewide as
well as local importance; authorizing the issuance of bonds by the Kansas development
finance authority therefor; prescribing certain other provisions therefor; amending
K.S.A. 74-8907, 79-3603 and 79-3703 and K.S.A. 1997 Supp. 12-189, 12-192, 12-195,
12-1771, 74-8902 and 74-8905 and repealing the existing sections.''; and the substitute
bill be passed.
Committee on Education recommends SB 591 be amended on page 1, in line 25, after
the period, by inserting ``Notwithstanding any provision of this act to the contrary, nothing
in this act, except for the provision of special education for gifted children and the require-
ment for parental consent, is intended to create, nor shall any provision of this act be
construed in any manner to create, rights in addition to or in excess of those created by
federal law.''; in line 43, by striking all after ``(2)'';
On page 2, in line 1, by striking all before ``are''; by striking all of lines 2 and 3; in line 4,
by striking ``and'' and inserting ``or''; in line 40, by striking ``or a step-''; by striking all of line
41; in line 42, by striking all before ``education'' and inserting ``a legal guardian or an''; also
in line 42, by striking ``advocates'' and inserting ``advocate''; by striking all of line 43;
On page 3, by striking all of lines 1 through 8; in line 9, by striking ``(n)'' and inserting
``(m)''; in line 20, by striking ``(o)'' and inserting``(n)''; also in line 20, by striking ``Appro-
priate'' and inserting ``Free appropriate''; in line 22, by striking ``expenses'' and inserting
``expense''; in line 29, by striking ``(p)'' and inserting ``(o)''; in line 31, by striking ``(q)'' and
inserting ``(p)''; in line 35, by striking ``(r)'' and inserting ``(q)'';
On page 4, in line 2, by striking ``(s)'' and inserting ``(r)''; in line 3, by striking ``educa-'';
in line 4, by striking ``tional-related'' and inserting ``education-related''; in line 6, by striking
``(t)'' and inserting ``(s)''; in line 24, by striking ``(u)'' and inserting ``(t)''; in line 27, by striking
``(v)'' and inserting ``(u)''; in line 29, after ``state'', by inserting ``and local''; in line 31, by
striking ``(w)'' and inserting ``(v)''; in line 34, by striking ``(x)'' and inserting ``(w)''; also in
line 34, by striking ``instructional'' and inserting ``institutional''; following line 36, by inserting
a new paragraph as follows:
``(x) ''Children with disabilities`` means children with mental retardation, hearing im-
pairments including deafness, speech or language impairments, visual impairments including
blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain
injury, other health impairments, or specific learning disabilities and who, by reason thereof,
need special education and related services.'';
On page 6, in line 28, by striking ``Advisory'' and inserting ``The advisory'';
On page 7, in line 27, by striking ``at Topeka'';
On page 8, in line 16, by striking ``an'' and inserting ``a free''; in line 17, after ``enrolled'',
by inserting ``full time''; also in line 17, by striking ``, including'' and inserting ``and for''; in
line 19, by striking ``an''; and inserting ``a free''; in line 20, after ``appropriate'', by inserting
``public''; also in line 20, after ``and'', by inserting ``for''; in line 34, after ``made'', by striking
``an'' and inserting ``a free''; in line 42, by striking ``an'' and inserting ``a free'';
On page 10, in line 10, before ``appropriate'', by striking ``an'' and inserting ``a free''; in
line 13, by striking ``an'' and inserting ``a free''; in line 14, after the period, by inserting ``The
state board shall establish procedures for resolving interagency disputes, including proce-
dures under which local educational agencies may initiate proceedings to secure reimburse-
ment or otherwise implement or seek enforcement of the provisions of the interagency
agreement.'';
On page 11, by striking all of lines 11 through 15; following line 15, by inserting a new
paragraph as follows:
``(c) Data relating to the performance of children with disabilities shall be disaggregated
for assessments conducted after the effective date of this act.'';
Also on page 11, in line 27, after ``may'', by inserting ``, but shall not be required to,'';
On page 12, in line 13, by striking ``standardize'' and inserting ``standardized'';
On page 13, in line 31, by striking ``636'' and inserting ``1436''; following line 33, by
inserting a new paragraph as follows:
``(b) The IEP for each exceptional child shall include:
(1) A statement of the child's present levels of educational performance, including: (A)
How the child's disability or giftedness affects the child's involvement and progress in the
general curriculum; or (B) for preschool children, as appropriate, how the disability affects
the child's participation in appropriate activities;
(2) a statement of measurable annual goals, including benchmarks or short-term objec-
tives, related to: (A) Meeting the child's needs that result from the child's disability of
giftedness to enable the child to be involved in and progress in the general or advanced
curriculum; and (B) meeting each of the child's other educational needs that result from
the child's disability or giftedness;
(3) a statement of the special education and related services and supplementary aids
and services to be provided to the child, or on behalf of the child, and a statement of the
program modifications or supports for school personnel that will be provided for the child:
(A) To advance appropriately toward attaining the annual goals; (B) to be involved and
progress in the general curriculum in accordance with provision (1) and to participate in
extracurricular and other nonacademic activities; and (C) to be educated and participate
with other children with disabilities and nondisabled children in the activities described in
this paragraph;
(4) an explanation of the extent, if any, to which the child will not participate with
nondisabled children in the regular class and in the activities described in provision (3);
(5) (A) a statement of any individual modifications in the administration of state or
districtwide assessments of student achievement that are needed in order for the child to
participate in such assessment; and (B) if the IEP team determines that the child will not
participate in a particular state or districtwide assessment of student achievement or part
of such an assessment, a statement of why that assessment is not appropriate for the child
and how the child will be assessed;
(6) the projected date for the beginning of the services and modifications described in
provision (3), and the anticipated frequency, location, and duration of those services and
modifications;
(7) (A) beginning at age 14, and updated annually, a statement of the transition service
needs of the child under the applicable components of the child's IEP that focuses on the
child's course of study, such as participation in advanced-placement courses or a vocational
education program; (B) beginning at age 16 or younger, if determined appropriate by the
IEP team, a statement of needed transition services for the child, including, when appro-
priate, a statement of the interagency responsibilities or any needed linkages; and (C) be-
ginning at least one year before the child reaches the age of majority under state law, a
statement that the child has been informed of the child's rights under this title, if any, that
will transfer to the child on reaching the age of majority under section 18 of this act;
(8) a statement of: (A) How the child's progress toward the annual goals will be meas-
ured; and (B) how the child's parents will be regularly informed, by such means as periodic
report cards, at least as often as parents of nondisabled children are informed of their
children's progress, of their child's progress toward the annual goals; and the extent to which
that progress is sufficient to enable the child to achieve the goals by the end of the year.``;
Also on page 13, in line 34, by striking ``(b)'' and inserting ``(c)'';
On page 14, in line 17, by striking ``(c)'' and inserting ``(d)''; in line 25, by striking ``(d)''
and inserting ``(e)'';
On page 18, in line 12, by striking ``an'' and inserting ``a free''; in line 18, by striking ``an''
and inserting ``a free''; in line 23, by striking ``an'' and inserting ``a free''; in line 31, by
striking ``medication'' and inserting ``mediation''; in line 32, before ``reevaluation'', by striking
``or'' and inserting a comma; also in line 32, after ``reevualuation'', by inserting ``or the initial
placement''; in line 33, after ``child'', by inserting ``and to any substantial change in services
to, or placement of, their child'';
On page 19, in line 4, after ``action'', by inserting ``; however, only a court shall have the
authority to award attorney fees, and such fees may be reduced or denied in accordance
with federal law'';
On page 20, in line 16, by striking ``lawful custodian'' and inserting ``parent''; in line 41,
after ``section'', by inserting ``31 or section''; in line 42, by striking ``or, if no''; by striking all
of line 43;
On page 21, by striking all of line 1; in line 2, by striking all before the period; in line 8,
by striking ``30'' and inserting ``32'';
On page 22, in line 7, by striking all after ``not''; in line 8, by striking all before the comma
and inserting ``give written notice of disqualification to the agency within five days after the
list is received by the parent''; in line 13, by striking all after ``to''; by striking all of lines 14
through 19; in line 20, by striking ``therefrom'' and inserting ``appoint a hearing officer''; in
line 38, by striking all after the period; in line 39, by striking all before ``review'' and inserting
``The'';
On page 23, following line 18, by inserting a new paragraph as follows:
``(d) Any action in federal court shall be filed within 30 days after service of the reviewing
officer's decision.'';
Also on page 23, following line 33, by inserting a new paragraph as follows:
``(d) Any person conducting a hearing under this act shall consider any request for
discovery in accordance with the provisions of K.S.A. 77-522, and amendments thereto,
except that depositions of witnesses who will be available for the hearing shall not be al-
lowed.'';
Also on page 23, in line 34, by striking ``(d)'' and inserting ``(e)''; in line 38, by striking
``(e)'' and inserting ``(f)'';
On page 24, in line 40, after ``or'', by striking ``the'' and inserting ``to'';
On page 29, in line 14, by striking ``accorded'' and inserting ``afforded''; also in line 14,
by striking ``this''; also in line 14, after ``section'', by inserting ``31''; in line 16, by striking
``ot'' and inserting ``to'';
On page 30, in line 15, by striking ``has the meaning ascribed thereto by subsection (h)
of''; in line 16, by striking all before the period and inserting ``means a weapon, device,
instrument, material, or substance, animate or inanimate, that is used for, or is readily
capable of, causing death or serious bodily injury, except that such term does not include a
pocket knife with a blade of less than 21/2 inches in length''; in line 33, by striking ``The
expedited'' and inserting ``Any''; also in line 33, after ``in'', by inserting ``section 30 or in'';
in line 35, after the semicolon, by inserting ``and''; in line 36, by striking all after ``(2)''; in
line 37, by striking ``and''; in line 38, by striking ``(3)'';
On page 32, following line 24, by inserting a new section as follows:
``New Sec. 35. (a) The state board shall establish and implement procedures to allow
agencies and parents to resolve disputes through a mediation process which, at a minimum,
shall be available whenever a due process hearing is requested under this act.
(b) The procedures adopted shall ensure that the mediation process is:
(1) Voluntary on the part of the parties;
(2) not used to deny or delay a parent's right to a due process hearing, or to deny any
other rights afforded under this act; and
(3) conducted by a qualified and impartial mediator who is trained in effective mediation
techniques.
(c) The procedures may allow an agency to establish procedures to require parents who
choose not to use the mediation process to meet, at a time and location convenient to the
parents, with a disinterested party who is under contract with:
(1) A parent training and information center or community parent resource center in
the state; or
(2) an appropriate alternative dispute resolution entity, to encourage to use, and explain
the benefits, of the mediation process to the parents.
(d) The state board shall maintain a list of individuals who are qualified mediators and
knowledgeable in laws and regulations relating to the provision of special education and
related services and shall establish procedures for the appointment of a mediator to help
resolve disputes between the parties.
(e) The state board shall bear the cost of the mediation process, including the costs of
meetings described in subsection (c).
(f) Each session in the mediation process shall be scheduled in a timely manner and
shall be held in a location that is convenient to the parties to the dispute.
(g) An agreement reached by the parties to the dispute in the mediation process shall
be set forth in a written mediation agreement.
(h) Discussions that occur during the mediation process shall be confidential and may
not be used as evidence in any subsequent due process hearings or civil proceedings and
the parties to the mediation process may be required to sign a confidentiality pledge prior
to the commencement of such process.'';
By renumbering sections 35 through 38 as sections 36 through 39, respectively;
On page 33, in line 10, by striking ``18'' and inserting ``21''; in line 18, after ``72-980'', by
striking ``and'' and inserting a comma; also in line 18, after ``72-981'', by inserting ``, 72-
5392, 72-5393 and 72-5394'';
In the title, in line 14, by striking ``and'' and inserting a comma; in line 15, after ``72-980'',
by inserting ``, 72-5392, 72-5393 and 72-5394''; and the bill be passed as amended.
Committee on Elections and Local Government recommends Substitute for HB 2654, as amended by House Committee of the Whole, be amended on page 1, in line 30,
by striking ``that'';
On page 2, by striking all in lines 16 through 34;
By renumbering sections accordingly; and the substitute bill be passed as amended.
Also HB 2729, as amended by House Committee of the Whole, be amended on page 1,
in line 35, by striking ``first class mail'' and inserting ``certified mail, return receipt re-
quested,'';
On page 2, in line 39, by striking ``first class mail'' and inserting ``certified mail, return
receipt requested''; and the bill be passed as amended.
Committee on Judiciary recommends SB 375 be amended on page 2, in line 16, by
striking ``any'' and by inserting ``(A) Any''; also in line 16, after ``act'' by inserting ``by a
caretaker''; also in line 16, after ``resident'' the first time it appears, by inserting ``other than
a caretaker who is married to the resident; or
(B) any sexual act with a resident'';
Also on page 2, in line 17, by striking ``the caretaker or''; in lines 20 and 22, by striking
``inappropriate'' and inserting ``unreasonable''; in line 30, after the semicolon, by inserting
``or''; in line 33, by striking ``; or'' and inserting a period; by striking all in lines 34 and 35;
in line 39, after ``are'' by inserting ``reasonably'';
On page 3, in line 2, after ``or'' the first time it appears by inserting ``intentionally''; in
line 10, by striking ``Topeka state hospital,''; in line 11, by striking the comma and inserting
``and''; also in line 11, by striking ``and Winfield state''; in line 12, by striking all before the
period; in line 18, by striking the comma and inserting ``and''; also in line 18, by striking
``and Topeka state''; in line 19, by striking ``hospital''; in line 21, by striking the comma and
inserting ``and''; also in line 21, by striking ``and Winfield''; in line 22, by striking all before
the period; after line 25, by inserting the following new subsection:
``(o) ''Law enforcement`` means the public office which is vested by law with the duty
to maintain public order, make arrests for crimes and investigate criminal acts, whether that
duty extends to all crimes or is limited to specific crimes.'';
Also on page 3, in line 33, after the second comma, by inserting ``a licensed master level
psychologist, a licensed master level temporary,''; in line 34, after ``administrator'' by in-
serting ``or operator''; in line 35, after the second comma by inserting ``a teacher,'';
On page 4, by striking all in lines 39 through 43;
By striking all on page 5;
On page 6, by striking all in lines 1 through 27 and inserting the following new section:
``Sec. 3. K.S.A. 1997 Supp. 39-1404 is hereby amended to read as follows: 39-1404. (a)
The department of social and rehabilitation services or the department of health and envi-
ronment upon receiving a report that a resident is being, or has been, abused, neglected or
exploited, or is in a condition which is the result of such abuse, neglect or exploitation or is
in need of protective services, within 24 hours of receiving such report, shall initiate an investigation, including a personal visit with the resident and, within two weeks of receiving such report, shall complete the investigation to determine if the resident is being or has been abused, neglected or exploited or is in a condition which is a result of such abuse, neglect or exploitation. The investigation shall include, but not be limited to, a visit to the named resident and consultation with those individuals having knowledge of the facts of the particular case. Upon completion of the investigation of each case, written findings shall be prepared which shall include a finding of whether there is or has been abuse, neglect or exploitation, recommended action and a determination of whether protective services are needed. If it appears that a crime has occurred, the appropriate law enforcement agency shall be notified by the department investigating the report.
(b) The secretary of social and rehabilitation services shall maintain a register of the reports received and investigated by the department of social and rehabilitation services, the findings, evaluations and the actions recommended. The register shall be available for inspection by personnel of the department of social and rehabilitation services. The secretary of social and rehabilitation services shall forward a copy of any report of abuse, neglect or exploitation of a resident investigated by the department of social and rehabilitation services to the secretary of health and environment and, in the case of a report of abuse, neglect or exploitation of a resident of an adult family home, to the secretary of aging.
(c) The report received by the department of social and rehabilitation services and the written findings, evaluations and actions recommended shall not be deemed a public record or be subject to the provisions of the open records act. Except as otherwise provided in this section, or in K.S.A. 1997 Supp. 65-6205 and amendments thereto the name of the person making the original report to the department of social and rehabilitation services or any person mentioned in such report shall not be disclosed unless the person making the original report specifically requests or agrees in writing to such disclosure or unless a judicial pro- ceeding results therefrom. Except as otherwise provided in this section, no information contained in the register shall be made available to the public in such a manner as to identify individuals.
(d) The secretary of social and rehabilitation services shall forward any finding of abuse, neglect or exploitation alleged to be committed by a provider of services licensed, registered or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority.
(e)shall:
(1) When a criminal act has occurred or has appeared to have occurred, immediately notify the appropriate law enforcement agency;
(2) make a personal visit with the involved resident:
(A) Within 24 hours when the information from the reporter indicates imminent danger to the health or welfare of the involved resident;
(B) within three working days for all reports of suspected abuse, when the information from the reporter indicates no imminent danger; or
(C) within five working days for all reports of neglect or exploitation when the infor- mation from the reporter indicates no imminent danger.
(3) Complete, within 30 working days of receiving a report, a thorough investigation and evaluation to determine the situation relative to the condition of the involved resident and what action and services, if any, are required. The investigation shall include, but not be limited to, consultation with those individuals having knowledge of the facts of the par- ticular case; and
(4) prepare, upon a completion of the evaluation of each case, a written assessment which shall include an analysis of whether there is or has been abuse, neglect or exploitation; recommended action; a determination of whether protective services are needed; and any follow up.
(b) The department which investigates the report of health and environment shall inform
the complainant, upon request of the complainant, that an investigation has been made and,
if the allegations of abuse, neglect or exploitation have been substantiated, that corrective
measures will be taken if required.
(c) The department of health and environment may inform the chief administrative of- ficer of a facility as defined by K.S.A. 39-923 and amendments thereto of confirmed findings of resident abuse, neglect or exploitation.'';
Also on page 6, in line 38, after ``a'' by inserting ``provider of ''; in line 39, by striking
``development disabilities facility'' and inserting ``services and affiliates thereof operated or
funded by the department of social and rehabilitation services''; in line 41, by striking ``30-
3101'' and inserting ``39-1401'';
On page 7, in line 7, by striking ``any'' and inserting ``(A) Any''; also in line 7, after ``act''
by inserting ``by a caretaker''; also in line 7, after ``adult'' the first time it appears, by inserting
``other than a caretaker who is married to the adult; or
(B) any sexual act with an adult``;
Also on page 7, in line 8, by striking ``the caretaker or''; in line 11 and 13, by striking
``inappropriate'' and inserting ``unreasonable''; in line 20, after the semicolon, by inserting
``or''; in line 23, by striking ``; or'' and inserting a period; by striking all in lines 24 and 25;
in line 27, after ``are'' by inserting ``reasonably'';
On page 8, in line 37, after the second comma, by inserting ``a licensed master level
psychologist, a licensed master level temporary,''; in line 38, after the first comma by in-
serting ``a teacher,''; in line 41, by striking ``a social security payee,''; in line 42, by striking
``a home health aide,''; also in line 42, by striking ``an'' the second time it appears, in line
43, by striking ``independent living counselor'';
On page 9, in line 2, after ``a'' by inserting ``provider of''; also in line 2, by striking
``devel-''; in line 3, by striking all before ``licensed'' and inserting ``services and affiliates
thereof operated or funded by the department of social and rehabilitation services or'';
On page 10, in line 4, after ``and'' by inserting ``every provider of''; also in line 4, by
striking ``developmental disabilities facility'' and inserting ``services and affiliates thereof
operated or funded by the department of social and rehabilitation services'';
On page 11, in line 3, by striking ``substantiated'' and inserting ``confirmed''; by striking
all in lines 5 through 22;
And by renumbering sections accordingly;
Also on page 11, after line 41, by inserting the following new section:
``Sec. 9. K.S.A. 59-3036 is hereby amended to read as follows: 59-3036. (a) (1) If during
the pendency of a proceeding initiated under K.S.A. 59-3009 and amendments thereto, it
appears that there is an imminent danger that the physical health or safety of the proposed
ward will be seriously impaired or financial resources will be depleted unless immediate
action is taken, the proposed ward, or any adult interested in the welfare of the proposed
ward, may petition the court in which the proceeding is pending for the emergency ap-
pointment of a guardian or conservator.
(2) The petition shall state:
(A) The names and addresses of the individuals and entities entitled to notice; and
(B) the relief requested and the facts and reasons supporting that request.
(3) A hearing shall be held no more than 48 hours after a petition for an emergency
appointment has been filed. Notice shall be given in the manner directed by the court.
(4) If the court determines that there is an imminent danger that the physical health or
safety of the proposed ward will be seriously impaired or financial resources will be depleted
unless immediate action is taken, the court shall appoint a guardian or conservator in the
manner prescribed in K.S.A. 59-3014 and amendments thereto. The court shall assign to
an emergency appointee only those duties and powers necessary to protect against the
imminent danger shown.
(5) The emergency appointment shall remain in effect until the conclusion of the hear-
ing conducted under K.S.A. 59-3013 and amendments thereto.
(b) If at any time the court has probable cause to believe that a guardian or conservator
is not effectively performing such person's duties and powers, and that there is an imminent
danger that the physical health or safety of the ward will be seriously impaired or financial resources will be depleted unless immediate action is taken, the court shall:
(1) Suspend and temporarily replace the guardian with a guardian or conservator meet-
ing the qualifications set forth in K.S.A. 59-3014 and amendments thereto;
(2) reassign the duties and powers of the suspended guardian or conservator to the
emergency appointee; and
(3) direct the temporary appointee to file a petition under K.S.A. 59-3029 and amend-
ments thereto within five days if such petition is not already pending, and submit such
reports as may be necessary.
(c) The court may designate another eligible person selected in accordance with K.S.A.
59-3014 and amendments thereto to assume the duties and powers assigned to the guardian or conservator upon the resignation, disability, temporary absence or death of the guardian or conservator. The individual so designated, other than an individual designated because
of the temporary absence of a guardian or conservator, shall submit a report pursuant to
K.S.A. 59-3029 and amendments thereto within 10 days after an individual appointed on a
standby basis assumes the duties of a guardian or conservator. A guardian or conservator
serving on a standby basis may exercise all of the duties and powers assigned to the pred-
ecessor as a guardian or conservator until the conclusion of the proceedings under K.S.A.
59-3029 and amendments thereto or, in case of the temporary absence of the predecessor
guardian or conservator, until the predecessor guardian or conservator returns, unless oth-
erwise ordered by the court.
(d) This section shall be part of and supplemental to the act for obtaining a guardian or
conservator, or both.'';
Also on page 11, in line 42, by striking ``39-1404,''; in line 43, by striking ``39-1434,''; also
in line 43, by striking ``and'' and inserting a comma; also in line 43, after ``39-1440'' by
inserting ``and 59-3036 and K.S.A. 1997 Supp. 39-1404'';
On page 1, in the title, in line 9, after the semicolon, by inserting ``appointment of guardian
or conservator;''; in line 10, by striking ``39-1404,''; in line 11, by striking ``39-1434,''; also
in line 11, by striking ``and'' the first time it appears and inserting a comma; also in line 11
after ``39-1440'' by inserting ``and 59-3036 and K.S.A. 1997 Supp. 39-1404''; and the bill be
passed as amended.
Also HB 2867 be amended on page 1, after line 13, by inserting the following new section:
``Section 1. K.S.A. 21-3508 is hereby amended to read as follows: 21-3508. (a) Lewd
and lascivious behavior is:
(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge
or reasonable anticipation that the participants are being viewed by others; or
(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person
who is not the spouse of the offender and who has not consented thereto, with intent to
arouse or gratify the sexual desires of the offender or another.
(b) (1) Lewd and lascivious behavior if committed in the presence of a person 16 or more years of age is a class B nonperson misdemeanor.
(2) Lewd and lascivious behavior if committed in the presence of a person under 16 years of age is a severity level 9, person felony.'';
And by renumbering ``Section 1.'' as ``Sec. 2.'';
On page 2, after line 19, by inserting the following:
``New Sec. 3. If any provision of this act is held to be invalid or unconstitutional, it shall
be conclusively presumed that the legislature would have enacted the remainder of this act
without such invalid or unconstitutional provision.''
And by renumbering sections accordingly;
Also on page 2, in line 20, after ``K.S.A.'' by inserting ``21-3508 and''; also in line 20, by
striking ``is'' and inserting ``are'';
On page 1, in the title, in line 9, after ``to'' by inserting ``lewd and lascivious behavior;'';
in line 10, after ``K.S.A.'' by inserting ``21-3508 and''; in line 11, by striking ``section'' and
inserting ``sections'';
and the bill be passed as amended.
Committee on Public Health and Welfare recommends HCR 5042, as amended by
House Committee of the Whole, be amended on page 1, in line 37, by striking all after
``the''; in line 38, by striking ``Council'' and inserting ``Governor'';
On page 2, in line 6, by striking ``Legislative Coordinating Council'' and inserting ``Gov-
ernor''; in line 10, by striking ``Legislative Coordinating''; in line 11, by striking ``Council''
and inserting ``Governor''; in line 23, after ``legislature'' by inserting ``and to the governor'';
in line 24, after ``legislature'' by inserting ``and to the governor''; and the concurrent reso-
lution be adopted as amended.
Committee on Transportation and Tourism recommends HB 2782 be amended on
page 1, in line 16, by striking ``and'' and inserting a comma; also in line 16, following
``highways'' by inserting ``and all state highways''; in line 43, following ``loaded'' by inserting
``: (1) Until July 1, 1999,'';
On page 2, in line 2, preceding ``network'' by inserting ``system of interstate and defense
highways, except as permitted under paragraph (1) of subsection (j) of K.S.A. 8-1911, and
amendments thereto; and (2) on and after July 1, 1999, shall not be moved on any highway
designated as a part of the national''; also in line 2, following ``under'' by inserting ``paragraph
(2) of '';
On page 3, following line 30, by inserting:
``(2) on and after July 1, 1999, $25 for each annual permit for vehicles authorized to
move bales of hay under paragraph (2) of subsection (j) on noninterstate highways;'';
Also on page 3, in line 31, by striking ``(2)'' and inserting ``(3)''; in line 32, by striking ``(3)''
and inserting ``(4)'';
On page 4, in line 40, by striking ``A'' and inserting ``(1) Until July 1, 1999, a''; in line 42,
by striking ``national network'' and inserting ``interstate system'';
On page 5, in line 1, by striking ``(1)'' and inserting ``(A)''; in line 2, by striking ``(2)'' and
inserting ``(B)''; in line 4, by striking ``(3)'' and inserting ``(C)''; in line 6, by striking ``(4)''
and inserting ``(D)''; in line 7, by striking ``(5)'' and inserting ``(E)''; following line 8, by
inserting:
``(2) On and after July 1, 1999, a vehicle loaded with bales of hay which exceeds the
width as provided in subsection (a) of K.S.A. 8-1902, and amendments thereto, may be
moved on any highway designated as a part of the national network of highways by obtaining
a permit as provided by this section, if:
(A) The vehicle plus the bales of hay do not exceed 12 feet in width;
(B) the vehicle plus the bales of hay do not exceed the height authorized under K.S.A.
8-1904, and amendments thereto;
(C) the move is completed during the period beginning 30 minutes before sunrise and
ending 30 minutes after sunset;
(D) the vehicle plus the load are not overweight; and
(E) the vehicle plus the load comply with the signing and marking requirements of
subsection (d) of K.S.A. 8-1902, and amendments thereto.''; and the bill be passed as
amended.