The Senate was called to order by Vice-President Alicia Salisbury.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Sometimes we feel like being a legislator is a no-win proposition.
If we change our vote, we are too easily swayed.
If we refuse to change our vote, we have a closed mind.
If we go home a lot, we're not tending to business.
If we don't go home a lot, we're losing touch with the voters.
If we don't attend gatherings while home, we are neglecting our responsibility.
If we do attend gatherings while home, we are neglecting our family.
If we criticize the system, we're just a bunch of whiners.
If we never criticize the system, we're just a bunch of sheep.
If we're always asking questions, we are showing our ignorance.
When we vote for what the majority want, they never remember.
When we don't vote for what the majority want, they never forget.
Help us, O God, to remember we're just dealing with human nature; that it doesn't
help to stay awake feeling sorry for ourselves, and that we need to come to You for
encouragement and direction.
I pray in Jesus' Name,
AMEN
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 692, An act concerning bingo; relating to the regulation thereof; imposing a tax on
the distribution of bingo faces; amending K.S.A. 79-4701, 79-4704, 79-4705, 79-4705a,
79-4706, 79-4712a and 79-4713 and repealing the existing sections, by Committee on Fed-
eral and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Commerce:SB 691.
Ways and Means: Sub. HB 2210.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2995, 2999, 3016.
Also, passage of SB 484.
The House adopts the conference committee report on HB 2025.
The House accedes to the request of the Senate for a conference on Substitute SB 573
and has appointed Representatives Lane, Geringer and Pauls as conferees on the part of
the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2995, 2999, 3016 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Morris moved the Senate concur in house amendments to SB 149.
SB 149, An act concerning agriculture; creating the Kansas agricultural seed council;
establishing the powers and duties thereof.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
MR. PRESIDENT and MR. SPEAKER: Your committee on conference on Senate
amendments to HB 2289, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, in line 23, after ``1.'' by inserting ``(a)''; also in line 23, by striking ``therefore''
and inserting ``therefor''; in line 24, after ``science'' by inserting ``, in cooperation with other
colleges and universities,''; after line 31, by inserting a new paragraph as follows:
``(b) Kansas state university of agriculture and applied science shall present an oral and
written report to the house and senate agriculture committees related to the research project
provided for in subsection (a) during the 1999 regular session of the Kansas legislature on
or before February 1, 1999, and during the 2000 regular session of the Kansas legislature
on or before February 1, 2000.'';
On page 4, by striking all in lines 3 through 43;
By striking all on pages 5 and 6;
On page 7, by striking all in lines 1 through 21 and inserting the following section:
``Sec. 6. On or after July 1, 2000, K.S.A. 1997 Supp. 2-1415 is hereby amended to read
as follows: 2-1415. As used in this act:
(a) ``Agricultural seed'' means the seed of grass, legume, forage, cereal and fiber crops,
or mixtures thereof, but shall not include horticultural seeds.
(b) ``Person'' means any individual, member of a partnership, corporation, agents, bro-
kers, company, association or society.
(c) ``Conditioned'' means cleaned, or cleaned and blended, to meet the requirements
of agricultural seed for the purpose of being planted or seeded.
(d) ``Kind'' means one or more related species or subspecies which singly or collectively
is known by one common name, and includes, among others, wheat, oat, vetch, sweet clover
and alfalfa.
(e) ``Variety'' means a subdivision of a kind, which is characterized by growth, yield,
plant, fruit, seed or other characteristics by which it can be differentiated from other plants
of the same kind.
(f) ``Hard seed'' means the seeds which because of hardness or impermeability do not
absorb moisture or germinate under seed testing procedure.
(g) ``Label'' means the statements written, printed, stenciled or otherwise displayed
upon, or attached to, the container of agricultural seed, and includes other written, printed,
stenciled or graphic representations, in any form whatsoever, pertaining to any agricultural
seed, whether in bulk or in containers, and includes declarations and affidavits.
(h) ``Secretary'' means the secretary of agriculture.
(i) ``Weed seed'' means the seeds of plants considered weeds in this state and includes
noxious weed seed and restricted weed seed, determined by methods established by rule
and regulation under this act.
(j) ``Noxious weed seed'' means the seed of Kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria draba), Canada thistle (Cirsium arvense), leafy spurge (Euphorbia esula), quackgrass (Agro- pyron repens), bur ragweed (Ambrosia grayii), pignut (Indian rushpea) (Hoffmannseggia densiflora), Texas blueweed (Helianthus ciliaris), Johnson grass (Sorghum halepense), sor-
ghum almum, and any plant the seed of which cannot be distinguished from Johnson grass, and musk (nodding) thistle (Carduus nutans L.) and sericea lespedeza (Lespedeza cuneata).
(k) ``Restricted weed seed'' means weed seeds or bulblets which shall not be present in
agricultural seed at a rate per pound in excess of the number shown following the name of
each weed seed: Silverleaf nightshade (Solanum elaeagnifolium) 45, horsenettle, bullnettle (Solanum carolinense) 45, dock (Rumex spp.) 45, oxeye daisy (Chrysanthemum leucanthe- mum) 45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail (Setaria faberi) 45, cheat (Bromus secalinus) 45, hairy chess (Bromus commutatus) 45, buckthorn plantain (Plantago lanceolata) 45, wild onion or garlic (Allium spp.) 18, charlock (Sinapsis arvensis) 18, wild
mustards (Brassica spp.) 18, treacle (Erysimum spp.) 18, wild carrot (Daucus carota) 18,
morning glory and purple moonflower (Ipomoea spp.) 18, hedge bindweed (Calystegia spp.,
syn. Convolvulus sepium) 18, dodder (Cuscuta spp.) 18, except lespedeza seed, other than sericea lespedeza (Lespedeza cuneata), which may contain 45 dodder per pound, pennycress,
fanweed (Thlaspi arvense) 18, wild oats (Avena fatua) 9, climbing milkweed, sandvine (Cy- nanchum laeve, syn. Gonolobus laevis) 9, jointed goatgrass (Aegilops cylindrica) 9, black
nightshade complex (Solanum ptycanthum, S. americanum, S. sarrachoides, S. nigrum, and S. interius) 9, wild buckwheat, black bindweed (Polygonum convolvulus) 9, velvetleaf, but-
terprint (Abutilon theophrasti) 9, and cocklebur (Xanthium spp.) 9. The total number of the
restricted weed seed shall not exceed 90 per pound except native grass, smooth bromegrass,
tall fescue, wheatgrasses and lespedeza, other than sericea lespedeza (Lespedeza cuneata),
shall not exceed 150 per pound. In smooth bromegrass, fescues, orchard grass, wheatgrasses,
and chaffy range grasses, hairy chess or cheat shall not exceed 2,500 per pound. For the
purposes of this section the following weedy Bromus spp. shall be considered as common
weeds and collectively referred to as ``chess'': Japanese chess (Bromus japonicus), soft chess (Bromus mollis) and field chess (Bromus arvensis).
(l) ``Advertisement'' means all representations, other than those on the label, dissemi-
nated in any manner, or by any means, relating to agricultural seed.
(m) ``Record'' means all information relating to any shipment of agricultural seed and
includes a file sample of each lot of such seed.
(n) ``Stop sale order'' means an administrative order, authorized by law, restraining the
sale, use, disposition and movement of a definite amount of agricultural seed.
(o) ``Seizure'' means a legal process, issued by court order, against a definite amount of
agricultural seed.
(p) ``Lot'' means a definite quantity of agricultural seed, identified by a lot number or
other mark, every portion or bag of which is uniform, within recognized tolerances for the
factors which appear in the labeling.
(q) ``Germination'' means the percentage of seeds capable of producing normal seed-
lings under ordinarily favorable conditions, in accordance with the methods established by
rule and regulation under this act.
(r) ``Pure seed'' means the kind of seed declared on the label, exclusive of inert matter,
other agricultural or other crop seeds and weed seeds.
(s) ``Inert matter'' means all matter not seeds, and as otherwise determined by rules and
regulations under this act.
(t) ``Other agricultural seeds or other crop seeds'' means seeds of agricultural seeds
other than those included in the percentage or percentages of kind or variety and includes
collectively all kinds and varieties not named on the label.
(u) ``Hybrid'' means the first generation seed of a cross produced by controlling the
pollination and by combining (1) two or more inbred lines, (2) one inbred or a single cross
with an open pollinated variety, or (3) two varieties or species, other than open pollinated
varieties of corn (Zea mays). Hybrid shall not include the second generation or subsequent
generations from such crosses. Hybrid designations shall be treated as variety names. Con-
trolling the pollination means to use a method of hybridization which will produce pure
seed which is 75% or more hybrid.
(v) ``Type'' means a group of varieties so nearly similar that the individual varieties
cannot be clearly differentiated except under special conditions.
(w) ``Treated'' means that the seed has received an application of a substance or process
which is designed to reduce, control or repel certain disease organisms, insects or other
pests attacking such seeds or seedlings growing therefrom and includes an application of a
substance or process designed to increase seedling vigor.
(x) ``Tested seed'' means that a representative sample of the lot of agricultural seed in
question has been subjected to examination and its character as to purity and germination
has been determined.
(y) ``Native grass seed'' means the seeds of aboriginal or native prairie grasses.
(z) ``Chaffy range grasses'' shall include Bluestems, Gramas, Yellow Indian grass, wild
rye grasses, buffalo grass and prairie cord grass.
(aa) ``Certified seed'' means any class of pedigreed seed or plant parts for which a
certificate of inspection has been issued by an official seed certifying agency.
(bb) ``Certifying agency'' means: (1) an agency which is authorized under the laws of a
state, territory or possession to officially certify seed and which has standards and procedures
approved by the secretary of agriculture of the United States department of agriculture to
assure the genetic purity and identity of the seed certified; or (2) an agency of a foreign
country which is determined by the secretary of agriculture of the United States department
of agriculture to be an agency which adheres to procedures and standards for seed certifi-
cation comparable to those adhered to generally by seed certifying agencies under clause
(1) of this subsection.
(cc) ``Blend'' means two or more varieties of the same kind each in excess of 5% of the
whole.
(dd) ``Mixture'' means a combination of seed consisting of more than one kind each in
excess of 5% of the whole.
(ee) ``Brand'' means a term or mark that is proprietary in nature whether or not it is a
registered or copyrighted term or mark.
(ff) ``Commercial means'' shall include all forms of advertising for which a person must
pay another for the dissemination or distribution of the advertisement.
(gg) ``Horticultural seeds'' means those seeds generally classified as vegetable, fruit,
flowers, tree and shrub and grown in gardens or on truck farms.
(hh) ``Grower of agricultural seed'' means an individual whose primary occupation is
farming and offers, exposes or sells agricultural seed of such individual's own growing with-
out the use of a common carrier or a third party as an agent or broker. Seed shall be in
compliance with noxious and restricted weed seed requirements and may advertise if the
advertisement specifically states variety, bin run and if tested.
(ii) ``Wholesaler'' means any person who is in the business selling agricultural seed at
wholesale to any person other than the end user.
(jj) ``Retailer'' means any person who sells agricultural seed to the end user.
(kk) ``Seed conditioner'' means any person who is in the business of cleaning seed for a
fee or compensation.'';
Also on page 7, in line 25, by deleting the first comma and inserting ``and''; in line 26,
after ``and'' by inserting ``K.S.A. 1997 Supp.'';
On page 1, in the title, in line 18, by striking the third comma and inserting ``and''; in line
19, after ``and'' the first time it appears, by inserting ``K.S.A. 1997 Supp.''
And your committee on conference recommends the adoption of this report.
Stephen R. Morris
Dwayne Umbarger
Gerald L. Karr
Conferees on part of Senate
Joann Flower
John D. Ballou
Galen Weiland Conferees on part of House
Senator Morris moved the Senate adopt the Conference Committee report on HB 2289.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 2732 having appeared on the Consent Calendar for the required two full legislative
days without objection from any member, was considered on final action.
HB 2732, An act concerning certain sewer systems; relating to extensions thereof; amend-
ing K.S.A. 1997 Supp. 65-165 and repealing the existing section.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
SB 108, An act relating to collection of delinquent personal property tax; amending K.S.A.
79-2101 and K.S.A. 1997 Supp. 19-101a 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.
Sub. SB 322, An act concerning licensure and regulation of private detectives and private
detective agencies; amending K.S.A. 75-7b01, 75-7b03, 75-7b04, 75-7b05, 75-7b07, 75-
7b08, 75-7b10, 75-7b11, 75-7b13, 75-7b15, 75-7b17 and 75-7b21 and repealing the existing
sections; also repealing K.S.A. 75-7b14 and 75-7b16, was considered on final action.
On roll call, the vote was: Yeas 35, nays 4, present and passing 1; absent or not voting 0.
SB 375, An act concerning abuse, neglect and exploitation of certain persons; appoint-
ment of guardian or conservator; amending K.S.A. 391401, 39-1402, 39-1430, 39-1431,
39-1433, 39-1435, 39-1440 and 593036 and K.S.A. 1997 Supp. 39-1404 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.
SB 501, An act concerning salaries and compensation for state officers and employees;
amending K.S.A. 75-3101, 75-3103, 75-3104, 75-3108, 75-3110 and 75-3111a and K.S.A.
1997 Supp. 40-102, 46-137a and 46-137b and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
SB 581, An act concerning the sale of alcoholic liquor; relating to certain elections;
amending K.S.A. 41-102, 41-302 and 41-308a and repealing the existing sections, was con-
sidered on final action.
On roll call, the vote was: Yeas 33, nays 7, present and passing 0; absent or not voting 0.
Sub. SB 675, 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, was considered on
final action.
On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent or not voting 0.
Mr. President: Before there was the movie, people have made the analogy between
Wyandotte County's situation and that of the Titanic. Both were once powerful symbols of
the industrial revolution.
The iceberg that damaged Wyandotte County was multifaceted. It includes high taxes,
heavy debt, suburban flight, loss of educated young people, and violent crime.
Like the Titanic, all of the upper class and half of the middle class passengers have
abandoned ship, leaving behind those who can't get out or who are too stubborn to abandon
their duty stations.
Like the Titanic there is hope that rescue boats such as Oz, NASCAR and consolidation
are on the way. But our concern is . . . will they arrive in time, and that, they don't have
enough capacity relative to the dire need. We have been in contact with the Oz rescue boat
for seven years, and it has cost us valuable resources that could have been used to help man
the pumps. Nonetheless the possibilities of rescue have inspired hope in people that maybe
the situation is salvageable. And, then along comes the great cruise ship where everything's
sunshine and roses. It's so powerful that it's able to clear a path through any ice field to any
destination it wants. As the great cruise ship passes by, the crew yells out ``we're not trying
to lure away the rescue boat, but they turn and follow along the path we have cleared, that's
their decision, not ours!''--Chris Steineger
HB 2534, An act amending the employment security law; relating to eligibility for ben-
efits; amending K.S.A. 44-716a and K.S.A. 1997 Supp. 44703, 44-705, 44-712, 44-717 and
44-718 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.
HB 2626, An act concerning domestic relations; relating to marital property; orders
during a divorce; child custody; dissemination of child placement investigator's report;
amending K.S.A. 23-201 and 60-1607 and 60-1615 and K.S.A. 1997 Supp. 60-1610 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
Sub. HB 2640, An act concerning cities and counties; regarding the filing of fire liens;
amending K.S.A. 40-3902, 40-3904 and 40-3905 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
HB 2685, An act concerning certain public officers; relating to the powers and duties
thereof; amending K.S.A. 19-304, 19-3423 and 53-504 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.
HB 2743, An act concerning the Kansas underground utility damage prevention act;
amending K.S.A. 1997 Supp. 66-1802 and 66-1810 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.
HB 2760, An act concerning the department of transportation; authorizing the secretary
to pay employees for the theft of certain tools or equipment; amending K.S.A. 1997 Supp.
68-416 and repealing the existing section, 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 2783, An act concerning certain wetlands; approving the department of wildlife and
parks' entering into certain agreements and assuming certain costs related to such wetlands;
designating an area of such wetlands as the Steve Lloyd Wetlands, was considered on final
action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Mr. President: It is indeed a distinct honor to play a small part in the passage of HB 2783 in honor of Representative Steve Lloyd. I have had the pleasure of knowing Steve as
a House member in my district, as a supportive constituent, and as a dear friend. Steve is
always ``one you can count on''. His outstanding quality is his word--solid as a rock, sprinkled
with sarcasm and humor, but always reliable and true. A young man of integrity with a deep
faith in God, his courageous battles with health problems have given strength and hope to
his family, community and his many, many friends. Today, we honor a young man who has
contributed to this state with honor and dignity. Whether Steve was planting corn or working
legislation as Chairman of the House Committee on Environment, he was devoted to the
stewardship of the land which he cherishes and loves. To Steve, freedom is synonymous
with the soil. It is only fitting today for us, in the Senate, to join the House in naming the
Steve Lloyd Wetlands.--Janice Hardenburger
Senators Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Dow-
ney, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley,
Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger
and Vidricksen request the record to show they concur with the ``Explanation of Vote''
offered by Senator Hardenburger on HB 2783.
CONSIDERATION OF MOTIONS AND SENATE RESOLUTIONS
Onemergency motion of Senator Bond, SR 1835, 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, was adopted by voice vote.
March 25, 1998
REPORTS OF STANDING COMMITTEES
The Committee on Education recommends HB 2837, as amended by House Com-
mittee, be amended on page 1, following the enacting clause, by inserting 37 new sections
as follows:
``Section 1. K.S.A. 72-961 is hereby amended to read as follows: 72-961. This act shall
be known and may be cited as the ''special education for exceptional children act.`` It is the purpose and intention The purposes of this act are to provide for educational opportunities which will contribute to the development of each exceptional child in this state in accord with his or her abilities and capacities assure compliance with the federal law and to provide for an appropriate public education for exceptional children. Notwithstanding any provision of this act to the contrary, nothing in this act, except for the provision of special education for gifted children, 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.
Sec. 2. K.S.A. 1997 Supp. 72-962 is hereby amended to read as follows: 72-962. As used
in this act:
(a) ``School district'' means any public school district.
(b) ``Board'' means the board of education of any school district.
(c) ``State board'' means the state board of education.
(d) ``Department'' means the state department of education.
(e) ``State institution'' means Topeka state hospital, Osawatomie state hospital, Rainbow
mental health facility, Larned state hospital, Parsons state hospital and training center, Win- field state hospital and training center, Kansas neurological institute and, any juvenile cor-
rectional facility as defined by K.S.A. 38-1602, and amendments thereto, and any correc- tional institution as defined by K.S.A. 75-5202, and amendments thereto.
(f) ``Exceptional children'' means persons who:
(1) Are school age, to be determined in accordance with rules and regulations adopted
by the state board, which age may differ from the ages of children required to attend school
under the provisions of K.S.A. 72-1111, and amendments thereto; and
(2) differ in physical, mental, social, emotional or educational characteristics to the ex- tent that special education services are necessary to enable them to receive educational benefits in accordance with their abilities or capacities. children with disabilities or gifted children.
(g) ``Gifted children'' means exceptional children who are determined to be within the
gifted category of exceptionality as such category is defined in by the state plan board.
(h) ``Special education services'' means programs for which specialized training, instruc- tion, programming techniques, facilities and equipment may be needed for the education of exceptional children. specially designed instruction provided at no cost to parents to meet the unique needs of an exceptional child, including:
(1) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(2) instruction in physical education.
(i) ``Special teacher'' means a person, employed by or under contract with a school
district or a state institution for to provide special education or related services, who is:
(1) A teacher person qualified to instruct provide special education or related services to exceptional children as determined by standards established by the state board and who is so certified by the state board; or
(2) a paraprofessional person qualified to assist certificated teachers in the instruction provision of special education or related services to exceptional children as determined by
standards established by the state board and who is so approved by the state board.
(j) ``State plan'' means the state plan for special education and related services author-
ized by this act.
(k) ``Agency'' means boards and, the secretary of social and rehabilitation services, the commissioner of the juvenile justice authority, and the secretary of corrections.
(l) ``Lawful custodian'' means a parent or a person acting as parent. If none of the above is known or can be found, an agency shall cause proper proceedings to be instituted pursuant to the Kansas code for care of children to determine whether a child is a child in need of care. For a child whose custodian is the secretary of social and rehabilitation services, the term lawful custodian means the secretary except, when used in K.S.A. 72-972 through 72-975, and amendments to such sections, the term means an education advocate.
(m) ``Parent'' means a natural parent, an adoptive parent, or a stepparent. a legal guard- ian, or an education advocate.
(n) ``Person acting as parent'' means: (1) A guardian or conservator; or
(2) a person, other than a parent, who is liable by law to maintain, care for, or support the child, or who has actual care and control of the child and is contributing the major portion of the cost of support of the child, or who has actual care and control of the child with the written consent of a person who has legal custody of the child, or who has been granted custody of the child by a court of competent jurisdiction.
(o) (m) ``Education advocate'' means a person appointed by the state board in accord-
ance with the provisions of K.S.A. 38-1513a, and amendments thereto. A person appointed
as an education advocate for a child shall not be:
(1) An employee of the agency which is required by law to provide special education
services for the child, or;
(2) an employee of the state board, the department, or any agency which is directly
involved in providing educational services for the child,; or
(3) any person having a professional or personal interest which would conflict with the
interests of the child.
(n) ``Free appropriate public education'' means special education and related services that:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2) meet the standards of the state board;
(3) include an appropriate preschool, elementary, or secondary school education; and
(4) are provided in conformity with an individualized education program.
(o) ``Federal law'' means the individuals with disabilities education act, as amended.
(p) ``Individualized education program'' or ``IEP'' means a written statement for each exceptional child that is developed, reviewed, and revised in accordance with the provisions of section 12, and amendments thereto.
(q) ``Related services'' means transportation, and such developmental, corrective, and other supportive services, including speech-language pathology and audiology services, psy- chological services, physical and occupational therapy, recreation, including therapeutic rec- reation, social work services, counseling services, including rehabilitation counseling, ori- entation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only, as may be required to assist an exceptional child to benefit from special education, and includes the early identification and assessment of disabling conditions in children.
(r) ``Supplementary aids and services'' means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appro- priate.
(s) ``Individualized education program team'' or ``IEP team'' means a group of individ- uals composed of:
(1) The parents of a child:
(2) at least one regular education teacher of the child, if the child is, or may be, partic- ipating in the regular education environment;
(3) at least one special education teacher or, where appropriate, at least one special education provider of the child;
(4) a representative of the local educational agency who: (A) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of excep- tional children; (B) is knowledgeable about the general curriculum; and (C) is knowledgeable about the availability of resources of the local educational agency;
(5) an individual who can interpret the instructional implications of evaluation results;
(6) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) whenever appropriate, the child.
(t) ``Evaluation'' means a multisourced and multidisciplinary examination, conducted in accordance with the provisions of section 11, and amendments thereto, to determine whether a child is an exceptional child.
(u) ``Independent educational evaluation'' means an examination which is obtained by the parent of an exceptional child and performed by an individual or group of individuals who meet state and local standards to conduct such an examination.
(v) ``Elementary school'' means any nonprofit institutional day or residential school that offers instruction in any or all of the grades kindergarten through nine.
(w) ``Secondary school'' means any nonprofit institutional day or residential school that offers instruction in any or all of the grades nine through 12.
(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.
Sec. 3. K.S.A. 72-963 is hereby amended to read as follows: 72-963. (a) The state board
shall adopt, from time to time amend, and administer the state plan. The state board may amend the state plan, as necessary. The state plan, and any amendments thereto, shall be
prepared in consultation with the state advisory council for special education provided for
in this act. The state plan shall include a statement of the objectives of state supervision of special education services in school districts and state institutions.
(b) The state board may adopt rules and regulations for the administration of the special education for exceptional children this act and shall adopt rules and regulations necessary
to comply with the federal law and to implement and give effect to the state plan. Rules and regulations adopted by the state board to implement and give effect to the state plan shall include the following:
(a) Provisions for the establishment, maintenance and supervision of special education services in school districts and state institutions.
(b) Prescribed courses of study and curricula necessary to meet requirements for ap- proval of special education services.
(c) Criteria for screening, diagnosis and certification of exceptional children including physical, educational and psychological examinations. No child from a home in which Eng- lish is not the principal language may be assigned to special education services for excep- tional children until such time that the child has been given, in the principal language used in the home of the child, examinations reasonably related to the child's cultural environment.
(d) Definitions of the various categories of exceptionality.
(e) Implementation dates of special education services for the various categories of exceptionality.
(f) Standards for special education services to be received by each of the several cate- gories of exceptional children.
Rules and regulations adopted by the state board to implement and give effect to the state plan shall be incorporated by reference in the state plan the provisions of this act.
Sec. 4. K.S.A. 72-963a is hereby amended to read as follows: 72-963a. Within 30 days after the effective date of this act, The state board shall:
(a) Establish procedures, which shall be utilized by each agency, to allow parties to disputes involving any matter described in subsection (b)(4) of section 17, and amendments thereto, or in section 31, and amendments thereto, to resolve such disputes through a me- diation process or through due process hearings which meet the requirements of the federal law and this act.
(a) (b) Establish, in consultation with the state advisory council for special education,
standards and requirements for qualification of persons as hearing officers and mediators.
Such standards and requirements shall include, but not be limited to, standards and require-
ments relating to the education and training necessary to assure the competent performance
of functions and procedures which hearing officers and mediators are authorized to perform.
(b) (c) Establish standards and criteria for conducting and approving training programs
for hearing officers and mediators.
(c) (d) Compile and maintain a list of qualified hearing officers and mediators.
Sec. 5. K.S.A. 72-963c is hereby amended to read as follows: 72-963c. (a) The state
board, in consultation with the state advisory council for special education, shall:
(1) Prescribe guidelines for the selection of persons for appointment as education ad-
vocates and for the exercise of their authorized powers, duties and functions;
(2) establish standards and criteria for qualification of persons for appointment as ed-
ucation advocates; and
(3) provide for special training programs with respect to the powers, duties and functions
of lawful custodians parents.
(b) Lawful custodians Parents who are education advocates shall, and all other lawful custodians parents may, participate in the special training programs provided for under
provision (3) of subsection (a).
(c) The state board shall adopt rules and regulations for effectuation of the provisions of this section and shall make such rules and regulations a part of the state plan.
Sec. 6. K.S.A. 72-964 is hereby amended to read as follows: 72-964. (a) The There is established a state advisory council for special education shall consist of nine members.
Members of the advisory council shall be appointed by the state board of education, and
every such appointment shall be for a fixed term of not to exceed three years. Whenever a
vacancy occurs in the membership of the advisory council for any reason other than the
expiration of the term of a member, the state board shall appoint a successor for the re-
mainder of the unexpired term. Members appointed
(b) (1) The advisory council established under this section shall be representative of the state population and be comprised of persons and community organizations interested in exceptional children, professions related to the educational needs of exceptional children, local school districts and boards of education thereof, state institutions of higher education and state institutions. involved in, or concerned with, the education of exceptional children, including: (A) Parents of exceptional children; (B) individuals with disabilities; (C) teachers; (D) representatives of institutions of higher education that prepare special education and related services personnel; (E) state and local education officials; (F) administrators of pro- grams for exceptional children; (G) representatives of other state agencies involved in the financing or delivery of related services to exceptional children; (H) representatives of private schools and public charter schools; (I) at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; and (J) representatives from the state juvenile and adult corrections agencies.
(2) A majority of the members of the advisory council shall be individuals with disabil- ities or parents of children with disabilities.
(b) (c) The state advisory council for special education shall:
(1) Advise and consult with the state board in the preparation and administration of the state plan and in the formulation and review of rules and regulations adopted pursuant to this act; (2) consider any problems presented to it by the state board, and give advice thereon; and (3) make recommendations to the state board concerning special education services. In addition, the advisory council shall have and perform such powers, functions and duties as are specified by law. of unmet needs within the state in the education of exceptional children;
(2) comment publicly on any rules and regulations proposed by the state board regarding the education of exceptional children;
(3) advise the state board in developing evaluations and reporting on data to the federal government;
(4) advise the state board in developing corrective action plans to address findings iden- tified in federal monitoring reports; and
(5) advise the state board in developing and implementing policies relating to the co- ordination of services for exceptional children.
(c) (d) Members of the state advisory council for special education attending meetings
of such council, or attending a subcommittee meeting thereof authorized by the state board,
shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A.
75-3223, and amendments thereto.
(d) (e) The state board shall call the members of the advisory council to meet at Topeka
at least once each year, at which meeting the council shall organize by electing a chairperson
and a vice-chairperson. The person in the department specified under direction of the state board to be the principal administrator of special education and related services shall be the
secretary of the advisory council. The council shall meet upon the call of the chairperson
or upon the call of the state board as often as may be necessary at times and places designated
by the chairperson or by the state board in order to fulfill the duties prescribed under the
provisions of the special education for exceptional children this act.
Sec. 7. K.S.A. 72-965 is hereby amended to read as follows: 72-965. (a) The state board
shall be responsible for the distribution and allocation of state and federal funds for special
education in accordance with appropriation acts and the statutes of this state. Such moneys
shall be expended only in accordance with and for the purposes specified in federal or state
law. Payments under this act may be made in installments and in advance or by way of
reimbursement, with necessary adjustments on account of for overpayments or underpay-
ments. Federal funds for special education shall be deposited in the state treasury.
(b) The state board is hereby authorized to accept from an individual or individuals, the
United States government or any of its agencies or any other public or private body, grants
or contributions of money, funds or property which the state board may authorize to be
used in accordance with appropriation acts, for or in aid of special education or related
services or any of the purposes authorized by federal law or this act or the state plan.
Sec. 8. K.S.A. 72-966 is hereby amended to read as follows: 72-966. (a) (1)The Each
board of education of every school district shall provide special education services for all exceptional children who are residents of the school district.adopt and implement proce- dures to assure that all exceptional children residing in the school district, including children enrolled in private schools, who are in need of special eduction and related services, are identified, located and evaluated.
(2) Each board shall provide a free appropriate public education for exceptional children enrolled full time in the school district and for children with disabilities who are placed in a private school or facility by the school district as the means of carrying out the board's obligation to provide a free appropriate public education under this act and for children with disabilities who have been suspended for an extended term or expelled from school.
(3) Consistent with the number of exceptional children who are enrolled by their parents in private schools located in the school district, each board shall make provision for the participation of such children in special education and related services provided by the school district in accordance with the following requirements: (A) Amounts expended for the pro- vision of services to such children shall include an amount equal to a proportionate amount of federal funds provided to the school district for the provision of special education and related services; and (B) such services may be provided to exceptional children on the prem- ises of private schools to the extent consistent with law.
(4) (A) Subject to provision (3), a board shall not be required to pay the costs of edu- cation, including special education and related services, of an exceptional child at a private school if the school district made a free appropriate public education available to the child and the parents elected to place the child in the private school.
(B) If the parents of an exceptional child, who previously received special education and related services from a school district, enroll the child in a private school without the consent of, or referral by, the school district, a hearing officer or court may require the school district to reimburse the parents for the cost of that enrollment if the hearing officer or court finds that the school district had not made a free appropriate public education available to the child in a timely manner prior to the enrollment. The amount of reimbursement may be reduced or denied if: (i) At the most recent IEP meeting attended by the parents prior to removal of the child from the school district, the parents did not inform the IEP team that they were rejecting the proposed placement, including stating their concerns and their intent to enroll their child in a private school at public expense; (ii) the parents, at least 10 business days, including any holidays that occur on a business day, prior to the removal of the child from the school district, did not give written notice to the school district of the information described in clause (i); or (iii) there is a judicial finding of unreasonableness with respect to actions taken by the parents.
(C) Notwithstanding the notice requirements in subpart (B)(i) and (ii), the amount of reimbursement may not be reduced or denied for failure to provide such notice if: (i) The parent is illiterate and cannot write in English; (ii) compliance with such notice requirement would likely result in physical or serious emotional harm to the child; or (iii) the parent had not received notice from the school district of the parent's obligation to provide the notice described in subpart (B)(i).
(b) When If an exceptional child, upon referral by a person licensed to practice medicine and surgery, is admitted to a hospital, treatment center, or other health care institution, or
to a group boarding home or other care facility, and the institution or facility is located
outside the school district in which the child resides, the district in which the institution or
facility is located must contract with the district in which a parent or person acting as parent of the child resides, to shall provide special education or related services, if such services
are necessary for the child. Special education and related services required by this subsection shall may be provided pursuant to and in accordance with a contract which shall be entered
into between the board of education of the school district of which the child is a resident
and the board of education of the school district in which the child is living housed. Each Any such contract shall be subject to the provisions of subsection subsections (a)(3) and subsection (c) of K.S.A. 72-967, and amendments thereto. If a contract is not entered into between the school districts, the child shall be deemed to be a pupil of the school district which is providing special education and related services to the child. Nothing in this sub-
section shall be construed to limit or supersede or in any manner affect or diminish the
requirements of compliance by each school district with the provisions of subsection (a),
but shall operate as a comity of school districts in assuring the provision of special education
services for each exceptional child in the state.
(c) (1) Special education and related services required by this section shall meet stan-
dards and criteria set by the state board.
(2) The manner and time for implementation in school districts of special education services designed for each of the various categories of exceptionality shall be designated by the state board in accordance with the state plan. shall be responsible for assuring that the requirements of the federal law and this act are met and that all educational programs for exceptional children, including programs administered by any other state agency: (A) Are under the general supervision of individuals who are responsible for educational programs for exceptional children; and (B) meet the educational standards prescribed by the state board.
(3) Provision (2) of this subsection shall not limit the responsibility of any other state agency to provide, or pay for some or all of the costs of, a free appropriate public education for an exceptional child.
(d) Consistent with state and federal law, state agencies shall enter into such interagency agreements as are necessary or advisable in making a free appropriate public education available to all exceptional children residing in the state. The state board shall establish procedures for resolving interagency disputes, including procedures under which local ed- ucational agencies may initiate proceedings to secure reimbursement or otherwise implement or seek enforcement of the provisions of the interagency agreement.
New Sec. 9. The state board shall:
(1) Establish goals for the performance of children with disabilities in the state that: (A)
Will promote the purposes of this act; and (B) are consistent, to the maximum extent ap-
propriate, with other goals and standards for children established by the state board;
(2) establish performance indicators the state will use to assess progress toward achiev-
ing those goals that, at a minimum, address the performance of children with disabilities on
assessments, drop-out rates, and graduation rates;
(3) every two years, report to the secretary of the U.S. department of education, and to
the public, the progress of the state, and of children with disabilities in the state, toward
meeting the goals established under this section; and
(4) based on its assessment of that progress, revise its state improvement plan under
subpart 1 or part D of the federal law as may be needed to improve its performance, if the
state receives assistance under that subpart.
New Sec. 10. (a) The state board and each board shall include, to the extent required
by the federal law and this act, exceptional children in general state and district-wide as-
sessment programs, with appropriate accommodations where necessary. As appropriate, the
state board and each board shall:
(1) Develop guidelines for the participation of children with disabilities in alternate
assessments for those children who cannot participate in state and district-wide assessment
programs; and
(2) develop and, beginning not later than July 1, 2000, conduct those alternate assess-
ments.
(b) The state board shall make available to the public, and report to the public with the
same frequency and in the same detail as it reports on the assessment of nondisabled chil-
dren, the following:
(1) The number of children with disabilities participating in regular assessments;
(2) the number of those children participating in alternate assessments; and
(3) the performance of those children on regular assessments beginning not later than
July of 1998, and on alternate assessments not later than July 1, 2000, if doing so would be
statistically sound and would not result in the disclosure of performance results identifiable
of individual children.
(c) Data relating to the performance of children with disabilities shall be disaggregated
for assessments conducted after the effective date of this act.
New Sec. 11. (a)(1) An agency shall conduct a full and individual initial evaluation in
accordance with this section before the initial provision of special education and related
services to an exceptional child. Such initial evaluation shall consist of procedures to deter-
mine whether a child is an exceptional child and the educational needs of such child.
(2) An agency proposing to conduct an initial evaluation of a child shall obtain informed
consent from the parent of such child before the evaluation is conducted. Parental consent
for evaluation shall not be construed as consent for placement for receipt of special edu-
cation and related services.
(3) If the parents of a child refuse consent for evaluation of the child, the agency may,
but shall not be required to, continue to pursue an evaluation by utilizing the mediation or
due process procedures prescribed in this act.
(b) Each agency shall ensure that a reevaluation of each exceptional child is conducted:
(1) If conditions warrant a reevaluation or if the child's parent or teacher requests a
reevaluation, but at least once every 3 years; and
(2) in accordance with subsections (c), (d) and (e).
(c) An agency shall provide notice to the parents of a child that describes any evaluation
procedures such agency proposes to conduct. In conducting the evaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevant functional and
developmental information, including information provided by the parent, that may assist
in determining whether the child is an exceptional child and the content of the child's
individualized education program, including information related to enabling the child to be
involved, and progress, in the general curriculum or, for preschool children, to participate
in appropriate activities;
(2) not use any single procedure as the sole criterion for determining whether a child
is an exceptional child or determining an appropriate educational program for the child;
and
(3) use technically sound instruments that may assess the relative contribution of cog-
nitive and behavioral factors, in addition to physical or developmental factors.
(d) An agency shall ensure that:
(1) Tests and other evaluation materials used to assess a child under this section: (A)
Are selected and administered so as not to be discriminatory on a racial or cultural basis;
and (B) are provided and administered in the child's native language or other mode of
communication, unless it is clearly not feasible to do so; and
(2) any standardized tests that are given to the child: (A) Have been validated for the
specific purpose for which they are used; (B) are administered by trained and knowledgeable
personnel; and (C) are administered in accordance with any instructions provided by the
producer of such tests;
(3) the child is assessed in all areas of suspected disability; and
(4) assessment tools and strategies that provide relevant information that directly assists
persons in determining the educational needs of the child are provided.
(e) Upon completion of administration of tests and other evaluation materials:
(1) The determination of whether the child is an exceptional child shall be made by a
team of qualified professionals and the parent of the child in accordance with this section;
and
(2) a copy of the evaluation report and the documentation of determination of eligibility
shall be given to the parent.
(f) In making a determination of eligibility under this section, a child shall not be de-
termined to be an exceptional child if the determinant factor for such determination is lack
of instruction in reading or math or limited English proficiency.
(g) As part of an initial evaluation, if appropriate, and as part of any reevaluation under
this section, the IEP team and other qualified professionals, as appropriate, shall:
(1) Review existing evaluation data on the child, including evaluations and information
provided by the parents of the child, current classroom-based assessments and observations,
and teacher and related services providers observation; and
(2) on the basis of that review, and input from the child's parents, identify what addi-
tional data, if any, are needed to determine: (A) Whether the child has a particular category
of disability, or in the case of a reevaluation of a child, whether the child continues to have
such a disability; (B) the present levels of performance and educational needs of the child;
(C) whether the child needs special education and related services; or in the case of a
reevaluation of a child, whether the child continues to need special education and related
services; and (D) whether any additions or modifications to the special education and related
services are needed to enable the child to meet the measurable annual goals set out in the
IEP of the child and to participate, as appropriate, in the general curriculum.
(h) Each agency shall obtain informed parental consent prior to conducting any reev-
aluation of an exceptional child, except that such informed consent need not be obtained if
the agency can demonstrate that it took reasonable measures to obtain such consent and
the child's parent failed to respond.
(i) If the IEP team and other qualified professionals, as appropriate, determine that no
additional data are needed to determine whether the child continues to be an exceptional
child, the agency:
(1) Shall notify the child's parents of: (A) That determination and the reasons for it; and
(B) the rights of such parents to request an assessment to determine whether the child
continues to be a child with a disability; and
(2) shall not be required to conduct such an assessment unless requested by the child's
parents.
(j) An agency shall evaluate a child in accordance with this section before determining
that the child is no longer an exceptional child.
New Sec. 12. (a)(1) Except as provided in provision (2), at the beginning of each school
year, each agency shall have an individualized education program in effect for each excep-
tional child.
(2) In the case of a child with a disability aged three through five and for two year-old
children with a disability who will turn age three during the school year, an individualized
family service plan that contains the material described in 20 USC 1436, and that is devel-
oped in accordance with this section, may serve as the IEP of the child if using that plan as
the IEP is agreed to by the agency and the child's parents.
(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.
(c) In developing each child's IEP, the IEP team shall consider:
(1) The strengths of the child and the concerns of the parents for enhancing the edu-
cation of their child;
(2) the results of the initial evaluation or most recent evaluation of the child;
(3) in the case of a child whose behavior impedes the child's learning or that of others,
strategies, including positive behavioral interventions and supports to address that behavior;
(4) in the case of a child with limited English proficiency, the language needs of the
child as such needs relate to the child's IEP;
(5) in the case of a child who is blind or visually impaired, provide for instruction in
Braille and the use of Braille unless the IEP team determines, after an evaluation of the
child's reading and writing skills, needs, and appropriate reading and writing media, includ-
ing an evaluation of the child's future needs for instruction in Braille or the use of Braille,
that instruction in Braille or the use of Braille is not appropriate for the child;
(6) the communication needs of the child, and in the case of a child who is deaf or hard
of hearing, consider the child's language and communication needs, opportunities for direct
communications with peers and professional personnel in the child's language and com-
munication mode, academic level, and full range of needs, including opportunities for direct
instruction in the child's language and communication mode; and
(7) whether the child requires assistive technology devices and services.
(d) The regular education teacher of the child, as a member of the IEP team, to the
extent appropriate, shall participate in:
(1) The development of the IEP of the child, including the determination of appropriate
positive behavioral interventions and strategies and the determination of supplementary aids
and services, program modifications, and support for school personnel consistent with this
section; and
(2) the review and revision of the child's IEP under subsection (d).
(e) Each agency shall ensure that the IEP team:
(1) Reviews the child's IEP periodically, but not less than annually to determine whether
the annual goals for the child are being achieved; and
(2) revises the IEP as appropriate to address: (A) Any lack of expected progress toward
the annual goals and in the general curriculum, where appropriate; (B) the results of any
reevaluation conducted under this section; (C) information about the child provided to, or
by, the parents, as described in subsection (g) of section 11, and amendments thereto; (D)
the child's anticipated needs; or (E) other matters.
Sec. 13. K.S.A. 72-967 is hereby amended to read as follows: 72-967. (a) Each board,
in order to comply with the requirements of K.S.A. 72-933 and 72-966 this act shall have
the authority to:
(1) Establish and organize approvable Provide appropriate special education and related
services for exceptional children within its schools.
(2) Provide for approvable appropriate special education and related services in the
home, in a hospital or in other facility facilities.
(3) Contract with any another school district for special education and related services. Before entering into any such contract, the special education services to be provided by such school district, and the contract therefor, shall be approved by the commissioner of education upon authorization by the state board, which approval shall be granted if the special education services provided for in such contract meet standards and criteria set by the state board in accordance with the state plan. Any such contract may provide for the
payment of tuition and other costs by the contracting school district in which the child is enrolled.
(4) Enter into cooperative agreements with one or more other school districts for special
education and related services, if such agreements are approved as provided by this act.
(5) Contract with any accredited private nonprofit corporation or any public or private
institution within or without outside the state which has proper special education or related
services for exceptional children. Prior to the time any school district enters into a contract with any private nonprofit corporation or any public or private institution for the education of any exceptional child the curriculum provided by such corporation or institution and the contract shall be approved by the commissioner of education upon authorization by the state board. Whenever an exceptional child is educated by a private nonprofit corporation or a
public or private institution under the provisions of this paragraph, such child shall be
considered a pupil of the school district contracting for such education hereunder to the
same extent as other pupils of such school district for the purpose of determining entitle-
ments and participation in all state, county federal and other financial assistance or payments
to such school district.
(6) Provide transportation for exceptional children, whether such children are residents
or nonresidents of such school district, to and from for the provision of special education or related services attended. In lieu of paying for transportation, the board of the school
district in which an exceptional child resides may pay all or part of the cost of room and
board for such exceptional child at the place where the special education or related services
attended are located provided.
(b) Special education and related services which are provided by school districts for
exceptional children shall meet standards and criteria set by the state board in accordance with the state plan and shall be subject to approval by the state board.
(c) Any contract entered into by a board under the provisions of this section shall be
subject to change or termination by the legislature.
Sec. 14. K.S.A. 1997 Supp. 72-968 is hereby amended to read as follows: 72-968. (a)
The boards of any two or more school districts within or outside the state may make and
enter into agreements providing for cooperative operation and administration in providing
special education and related services for exceptional children on a shared-cost basis, subject
to the following:
(1) An agreement shall be effective only after approval by the state board, which ap-
proval shall be granted if the special education services provided for in such agreement meet
standards and criteria set by the state board in accordance with the state plan.
(2) (A) The duration of an agreement shall be perpetual but the agreement may be
partially or completely terminated as hereinafter provided.
(B) Partial termination of an agreement made and entered into by the boards of three
or more school districts may be accomplished only upon petition for withdrawal from the
agreement made by a contracting school district to the other contracting school districts
and approval by the state board of written consent to the petition by such other school
districts or upon order of the state board after appeal to it by a school district from denial
of consent to a petition for withdrawal and hearing thereon conducted by the state board.
The state board shall consider all the testimony and evidence brought forth at the hearing
and issue an order approving or disapproving withdrawal by the school district from the
agreement.
(C) Complete termination of an agreement made and entered into by the boards of two
school districts may be accomplished upon approval by the state board of a joint petition
made to the state board for termination of the agreement by both of the contracting school
districts after adoption of a resolution to that effect by each of the contracting school districts
or upon petition for withdrawal from the agreement made by a contracting school district
to the other contracting school district and approval by the state board of written consent
to the petition by such other school district or upon order of the state board after appeal to
it by a school district from denial of consent to a petition for withdrawal and hearing thereon
conducted by the state board. The state board shall consider all the testimony and evidence
brought forth at the hearing and issue an order approving or disapproving withdrawal by
the school district from the agreement.
(D) Complete termination of an agreement made and entered into by the boards of
three or more school districts may be accomplished only upon approval by the state board
of a joint petition made to the state board for termination of the agreement by not less than
2/3 of the contracting school districts after adoption of a resolution to that effect by each of
the contracting school districts seeking termination of the agreement. The state board shall
consider the petition and approve or disapprove termination of the agreement.
(E) The state board shall take such action in approving or disapproving the complete
or partial termination of an agreement as the state board deems to be in the best interests
of the involved school districts and of the state as a whole in the provision of special edu-
cation services for exceptional children. Whenever the state board has disapproved the
complete or partial termination of an agreement, no further action with respect to such
agreement shall be considered or taken by the state board for a period of not less than three
years.
(3) An agreement shall designate the sponsoring school district and shall provide for a
separate fund thereof, to which each contracting district shall pay the moneys due from it
under the agreement. Any school district which is a party to an agreement may be designated
the sponsoring district.
(4) An agreement shall specify the method or methods to be employed for disposing of
property upon partial or complete termination.
(5) Within the limitations provided by law, an agreement may be changed or modified
by mutual consent of the contracting school districts.
(6) An agreement shall be subject to change or termination by the legislature.
(b) The provisions of this section apply to every agreement entered into under authority
of this section after the effective date of this act and to every agreement entered into under
this section prior to the effective date of this act, and extant on the effective date of this
act, regardless of any provisions in such agreement to the contrary.
Sec. 15. K.S.A. 72-970 is hereby amended to read as follows: 72-970. (a) Except as otherwise provided in subsection (b), every state institution shall provide special education and related services for all exceptional children housed and maintained in the state insti-
tution and said special education such services shall meet standards and criteria set by the
state board in accordance with the state plan and shall be subject to approval by the state
board. State institutions may contract with local school districts and other appropriate agen- cies or individuals for special education or related services. Prior to the time any state
institution enters into a contract with any school district for such services the special edu-
cation or related services to be provided by such school district shall be approved by the
state board.
(b) In providing special education or related services to incarcerated children with dis- abilities, a correctional institution shall be exempt from the requirements of this act to the extent authorized by the federal law.
Sec. 16. K.S.A. 72-971 is hereby amended to read as follows: 72-971. (a) In order to obtain data necessary for review of the progress or lack thereof made in special education services for exceptional children and to assess future needs for providing special education services on a more comprehensive, expert, economic and efficient basis, it shall be the duty of the department to conduct an annual survey of the school districts showing the total number of exceptional children within the various categories of exceptionality in the state The state board shall prepare and file such reports as are required by the federal law or this act.
(b) The state crippled children's commission School districts and other state agencies
having census data on exceptional children shall from time to time as requested furnish such
data, as requested, to the department state board.
New Sec. 17. (a) The rights of parents of exceptional children shall include, but not be
limited to, the rights specified in this section.
(b) The parents of exceptional children shall have the right to:
(1) Examine all records relating to such child and to participate in meetings with respect
to the identification, evaluation, and educational placement of the child, and the provision
of a free appropriate public education to such child, and to obtain an independent educa-
tional evaluation of the child;
(2) written prior notice whenever an agency: (A) Proposes to initiate or change; or (B)
refuses to initiate or change, the identification, evaluation, or educational placement of the
child, in accordance with subsection (c), or the provision of a free appropriate public edu-
cation to the child;
(3) receive the notice required by provision (2) in their native language, unless it clearly
is not feasible to do so;
(4) present complaints with respect to any matter relating to the identification, evalu-
ation, or educational placement of the child, or the provision of a free appropriate public
education to the child, subject to the requirements that the parent, or the attorney repre-
senting the parent or child, provides notice to the agency that includes: (A) The name of
the child, the address of the residence of the child, and the name of the school the child is
attending; (B) a description of the nature of the problem of the child relating to such
proposed initiation or change, including facts relating to such problem; and (C) a proposed
resolution of the problem to the extent known and available to the parents at the time;
(5) request mediation in accordance with this act;
(6) consent, or refuse to consent, to the evaluation, reevaluation or the initial placement
of their child;
(7) be members of any group that makes decisions on the educational placement of
their child;
(8) demand that their child remain in the child's current educational placement pending
the outcome of a due process hearing, except as otherwise provided by federal law and this
act;
(9) request a due process hearing in regard to any complaint filed in accordance with
provision (4) of this subsection, or as authorized in section 31, and amendments thereto;
(10) appeal to the state board any adverse decision rendered by a hearing officer in a
local due process hearing;
(11) appeal to state or federal court any adverse decision rendered by a review officer
in a state-level due process appeal; and
(12) recover attorney fees, in accordance with the federal law, if they are the prevailing
parties in a due process hearing or court action; 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.
(c) The state board shall develop a model form to assist parents in filing a complaint in
accordance with subsection (b)(4).
(d) The state board shall develop, and thereafter amend as necessary, and distribute for
use by agencies, a list of the rights available to the parents of exceptional children under
the federal law and this act. The list shall be made available in various languages and be
written so as to be easily understandable by parents.
(e) A list of the rights available to the parents of exceptional children shall be given to
the parents, at a minimum: (A) Upon initial referral for evaluation and upon reevaluation
of the child; (B) upon each notification of an individualized education program meeting;
and (C) upon registration of a complaint under subsection (b)(4).
New Sec. 18. When a child with a disability reaches the age of 18, except for a child
with a disability who has been determined to be incompetent under state law:
(a) An agency shall provide to both the individual and to the individual's parents any
notice required by this act;
(b) all other rights accorded to parents under this act transfer to the individual;
(c) the agency shall notify the individual and the parents of the transfer of rights; and
(d) all rights accorded to parents under this act transfer to the individual if incarcerated
in an adult or juvenile federal, state or local correctional institution.
New Sec. 19. The notice required by subsection (b)(2) of section 17, and amendments
thereto, shall include:
(a) A description of the action proposed or refused by the agency;
(b) an explanation of why the agency proposes or refuses to take the action;
(c) a description of any other options that the agency considered and the reasons those
options were rejected;
(d) a description of each evaluation procedure, test, record, or report the agency used
as a basis for the proposed or refused action;
(e) a description of any other factors that are relevant to the agency's proposal or refusal;
(f) a statement that the parents have protection under the procedural safeguards of this
act and, if the notice is not an initial referral for evaluation, the means by which a copy of
the procedural safeguards can be obtained; and
(g) sources for parents to contact to obtain assistance in understanding the provisions
of the federal law and this act.
Sec. 20. K.S.A. 72-973 is hereby amended to read as follows: 72-973. (a) The Any due process hearing provided for in K.S.A. 72-972, and amendments thereto, under this act shall
be held at a time and place reasonably convenient to the lawful custodian parent of the
involved child, shall be a closed hearing unless the lawful custodian parent requests an open
hearing, and shall be conducted in accordance with rules and regulations relating thereto
adopted by the agency. Such rules and regulations shall afford procedural due process,
including the following:
(1) The right of the parties to have counsel or an advisor of their own choice present
and to receive the advice of such counsel or other advisor whom they may select;
(2) the right of the child and the lawful custodian parent of the child to be present at
the hearing;
(3) the right of the child, the lawful custodian parent of the child and their counsel or
advisor to hear or read a full report of the testimony of witnesses responsible for recom-
mending the proposed action and of any other material witnesses;
(4) the right of the parties and their counsel or advisor to confront and cross-examine
witnesses who appear in person at the hearing, either voluntarily or as a result of the issuance
of a subpoena;
(5) the right of the parties to present witnesses in person or their testimony by affidavit,
including expert medical, psychological or educational testimony;
(6) the right of the child and the lawful custodian parent, on behalf of the child, to
testify and give reasons in opposition to the proposed action;
(7) the right of the parties to prohibit the presentation of any evidence at the hearing
which has not been disclosed to the opposite party at least five days prior to the hearing, including any evaluations completed by that date and any recommendations based on such evaluations;
(8) the right of the parties to have an orderly hearing;
(9) the right of the child to a fair and impartial decision based on substantial evidence;
and
(10) the right of the parties to have a record of the hearing made by mechanical or electronic recording or by an official court reporter written or, at the option of the parent, an electronic, verbatim record of the hearing.
(b) The Each due process hearing, other than an expedited hearing under section 31 or section 32, and amendments thereto, shall be held not later than 30 days from the date on
which the request therefor is received or, if no request is received, not later than 30 days from the date by which the request should have been made, or on which objection, or
revocation of consent, to the proposed action is received by the agency. The child and the lawful custodian parent of the child shall be notified in writing of the time and place of the
hearing at least five days prior thereto. At any reasonable time prior to the hearing, the lawful custodian parent and the counsel or advisor of the involved child shall be given access
to all records, tests, reports or clinical evaluations relating to the proposed action.
(c) (1) Except as otherwise provided in section 32, and amendments thereto, during the pendency of any proceedings conducted under this act, unless the agency and parent oth- erwise agree, the child shall remain in the then-current educational placement of such child.
(2) If proceedings arise in connection with the initial admission of the child to school, the child shall be placed in the appropriate regular education classroom or program in compliance with K.S.A. 72-1111, and amendments thereto, unless otherwise directed pur- suant to section 30, and amendments thereto.
(c) (d) Subject to the provisions of K.S.A. 72-973a, and amendments thereto, the agency
shall appoint a hearing officer for the purpose of conducting the hearing. Members of the
state board, the secretary of social and rehabilitation services, the commissioner of the ju- venile justice authority, and members of any board or agency involved in the education of
the child shall not serve as hearing officers. No hearing officer shall be any person (1)
responsible for recommending the proposed action upon which the hearing is based, (2) any person having a personal or professional interest which would conflict with objectivity
in the hearing, or (3) any person who is an employee of the state board or any agency
involved in the education of the child. A person shall not be considered an employee of the
agency solely because the person is paid by the agency to serve as a hearing officer. Each
agency shall maintain a list of hearing officers. Such list shall include a statement of the
qualifications of each hearing officer. Each hearing officer and each state review officer shall
be qualified in accordance with standards and requirements established by the state board
and shall have satisfactorily completed a training program conducted or approved by the
state board. Whenever a hearing officer conducts any hearing, such hearing officer shall
render a decision on the matter, including findings of facts and conclusions, not later than
10 days after the conclusion close of the hearing and shall prepare a. The decision shall be written or, written report thereon to the agency providing for the hearing at the option of the parent, shall be an electronic decision. Any action of the hearing officer in accordance
with this subsection shall be final, subject to appeal and review in accordance with K.S.A. 72-974, and amendments thereto this act.
Sec. 21. K.S.A. 72-973a is hereby amended to read as follows: 72-973a. Prior to ap-
pointing any hearing officer to conduct a due process hearing provided for in K.S.A. 72-972, and amendments thereto under this act, the agency shall make its list of hearing officers
available to the lawful custodian parent of the involved child and shall inform the lawful custodian parent of the right to request disqualification of any or all of the hearing officers
on the list and to request the state board to appoint a hearing officer in accordance with
the procedure provided in this subsection. If the lawful custodian parent does not request disqualification of all of the hearing officers give written notice of disqualification to the agency within five days after the list is received by the parent, the agency may appoint from
its list any hearing officer whom the lawful custodian parent has not requested to be dis-
qualified. If the lawful custodian parent requests disqualification of all of the hearing officers
and requests the appointment of a hearing officer by the state board, the agency shall
immediately notify the state board and shall request the state board to provide a list of the names and qualifications of five prospective hearing officers. The agency and the lawful custodian of the involved child may each remove two names from the list. The agency shall inform the state board of the name or names remaining on the list and the state board shall appoint a hearing officer therefrom appoint a hearing officer.
Sec. 22. K.S.A. 1997 Supp. 72-974 is hereby amended to read as follows: 72-974. (a)
Written notice of the result of any hearing provided for under K.S.A. 72-972, and amend- ments thereto, this act shall be given to the agency providing for the hearing and shall be
sent by restricted certified mail to the affected child or the lawful custodian parent, counsel
or advisor of the child within 24 hours after the result is determined. Such decision, after
deletion of any personally identifiable information contained therein, shall also be trans-
mitted to the state board which shall make the decision available to the state advisory council
for special education and to the public upon request.
(b) (1) Any party to a due process hearing provided for under K.S.A. 72-972, and amendments thereto, this act may appeal the decision to the state board by filing a written
notice of appeal with the commissioner of education not later than 30 calendar days after receiving the date of the postmark on the written notice specified in subsection (a). Any such hearing and decision therein shall be reviewed by a reviewing A review officer ap-
pointed by the state board, shall conduct an impartial review of such decision. The review officer shall render a decision not later than 20 calendar days after the notice of appeal is
filed. The reviewing review officer shall: (A) Examine the record of the hearing; (B) deter-
mine whether the procedures at the hearing were in accordance with the requirements of
due process; (C) afford the parties an opportunity for oral or written argument, or both, at
the discretion of the reviewing review officer; (D) seek additional evidence if necessary; (E)
render a an independent decision on any such appeal not later than five days after completion
of the review; and (F) send written notice of the decision on any such appeal to the parties and to the state board.
(2) For the purpose of reviewing any hearing and decision under provision (1), the state
board may appoint one or more reviewing review officers. Any such appointment may apply
to a review of a particular hearing or to reviewing a set or class of hearings as specified by
the state board in making the appointment. Whenever a reviewing officer appointed under authority of this subsection conducts any review, the reviewing officer shall decide the matter by affirming, reversing or modifying the decision from which the appeal was taken and shall prepare a written report thereon to the state board.
(c) Any action of a reviewing review officer pursuant to this section is subject to review
in accordance with the act for judicial review and civil enforcement of agency actions or to an action in federal court as allowed by the federal law.
(d) Any action in federal court shall be filed within 30 days after service of the review officer's decision.
Sec. 23. K.S.A. 72-975 is hereby amended to read as follows: 72-975. (a) Any person
conducting a hearing or review under article 9 of chapter 72 of Kansas Statutes Annotated this act may administer oaths for the purpose of taking testimony therein.
(b) Any person conducting a hearing or review under article 9 of chapter 72 of Kansas Statutes Annotated this act or any party to any such hearing or review may request the clerk
of the district court to issue subpoenas for the attendance and testimony of witnesses and
the production of all relevant records, tests, reports and evaluations in the same manner
provided for the issuance of subpoenas in civil actions pursuant to K.S.A. 60-245, and amend- ments thereto.
(c) Any person conducting a hearing or review under article 9 of chapter 72 of Kansas Statutes Annotated this act, at the request of either party, may grant specific extensions of
time beyond the limitations specified in K.S.A. 72-973 and 72-974, and amendments thereto this act.
(d) Any person conducting a hearing under this act shall consider any request for dis- covery 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 allowed.
(d) (e) Every hearing and review under article 9 of chapter 72 of Kansas Statutes An- notated this act shall be provided for at no cost to the child or the lawful custodian parent
of the child. The costs of any hearing provided for by a board shall be paid by the school
district.
(e) (f) Any reviewing review officer conducting a review under subsection (b) of K.S.A. 72-974, and amendments thereto, this act may hold a hearing to receive additional evidence.
Every such hearing shall be conducted in accordance with requirements which are conso-
nant with the requirements of subsection (a) of K.S.A. 72-973, and amendments thereto this act.
(f) No action described in subsection (a) of K.S.A. 72-972, and amendments thereto, shall be taken during the pendency of any proceedings conducted pursuant to the provisions of K.S.A. 72-972 to 72-975, inclusive, and amendments thereto, except that the proposed action may be taken before all such proceedings have been completed if the lawful custodian of the involved child gives written consent thereto.
Sec. 24. K.S.A. 72-976 is hereby amended to read as follows: 72-976. (a)A Each school
district shall not be required, to keep an exceptional child in regular school programs or to provide such exceptional child with special education services for exceptional children when it is determined pursuant to the provisions of K.S.A. 72-972 to 72-975, inclusive, and amend- ments thereto, that the education of such child cannot be satisfactorily achieved thereby and that such child requires housing, maintenance and special education services provided at a state institutionthe maximum extent appropriate, to educate children with disabilities with children who are not disabled, and to provide special classes, separate schooling or for the removal of children with disabilities from the regular education environment only when the nature or severity of the disability of the child is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily.
(b) Nothing in this section shall be construed to authorize the state board or any board
to function as an admitting agency to the state institutions or to limit or supersede or in any
manner affect the requirements of each board to comply with the provisions of K.S.A. 72- 933 and 72-966, and amendments thereto, to provide special education services for each
exceptional child in the school district unless and until such child meets the criteria for
admission to a state institution and is so admitted by the state institution. Each state insti-
tution shall publish annually the criteria for admission to such state institution and shall
furnish such criteria to each board upon request therefor.
Sec. 25. K.S.A. 72-977 is hereby amended to read as follows: 72-977. (a) Except as
otherwise provided in this section, when a school district or a state institution provides special education services for exceptional children as required by this act, and a determi- nation has been made as provided in K.S.A. 72-972 to 72-975, inclusive, and amendments thereto, that a child is an exceptional child and special education services are necessary for such child, it shall be the duty of the lawful custodian parent of such each exceptional child
to require such child to enroll for and attend school to receive the special education and related services which are indicated by such determination on the child's IEP or to provide for such services privately.
(b) The provisions of subsection (a) do not apply to gifted children or to lawful custo- dians parents of gifted children.
(c) Failure of a parent to comply with the provisions of subsection (a) shall cause the child to be deemed a child in need of care under the code for care of children.
Sec. 26. K.S.A. 1997 Supp. 72-978 is hereby amended to read as follows: 72-978. (a)
(1) In each school year, in accordance with appropriations for special education and related
services provided under this act, each school district which has provided special education or related services in compliance with the requirements of the state plan and the provisions
of this act shall be entitled to receive:
(A) Reimbursement for actual travel allowances paid to special teachers at not to exceed
the rate specified under K.S.A. 75-3203, and amendments thereto, for each mile actually
traveled during the school year in connection with duties in providing special education or related services for exceptional children; such reimbursement shall be computed by the
state board by ascertaining the actual travel allowances paid to special teachers by the school
district for the school year and shall be in an amount equal to 80% of such actual travel
allowances;
(B) reimbursement in an amount equal to 80% of the actual travel expenses incurred
for providing transportation for exceptional children to special education or related services;
such reimbursement shall not be paid if such child has been counted in determining the
transportation weighting of the district under the provisions of the school district finance
and quality performance act;
(C) reimbursement in an amount equal to 80% of the actual expenses incurred for the
maintenance of an exceptional child at some place other than the residence of such child
for the purpose of providing special education or related services; such reimbursement shall
not exceed $600 per exceptional child per school year; and
(D) after subtracting the amounts of reimbursement under (A), (B) and (C) from the
total amount appropriated for special education and related services under this act, an
amount which bears the same proportion to the remaining amount appropriated as the
number of full-time equivalent special teachers who are qualified to provide special edu- cation or related services to exceptional children and are employed by the school district for
approved special education or related services bears to the total number of such qualified
full-time equivalent special teachers employed by all school districts for approved special
education or related services.
(2) Each special teacher who is a paraprofessional qualified to assist in the provision of special education or related services to exceptional children shall be counted as 2/5 full-time
equivalent special teacher who is qualified to provide special education or related services to exceptional children.
(b) (1) No special teacher in excess of the number of special teachers necessary to comply with the ratio of special teacher to exceptional children prescribed by the state board for the school district shall be counted in making computations under this section.
(2) No time spent by a special teacher in connection with duties performed under a
contract entered into by the Atchison juvenile correctional facility, the Beloit juvenile cor-
rectional facility, the Larned juvenile correctional facility or the Topeka juvenile correctional
facility and a school district for the provision of special education or related services by such
state institution shall be counted in making computations under this section.
Sec. 27. K.S.A. 72-979 is hereby amended to read as follows: 72-979. (a) Payments
under this act shall be made in a the manner to be and at such times during each school year as are determined by the state board. In the event If any district is paid more than it
is entitled to receive under any distribution made under this act, the state board shall notify
the district of the amount of such overpayment, and such district shall remit the same to
the state board. The state board shall remit any moneys so received to the state treasurer,
and the state treasurer shall deposit the same in the state treasury to the credit of the general
fund. If any such district fails so to remit, the state board shall deduct the excess amounts
so paid from future payments becoming due to such district. In the event If any district is
paid less than the amount to which it is entitled under any distribution made under this act,
the state board shall pay the additional amount due at any time within the school year in
which the underpayment was made or within sixty (60) 60 days after the end of such school
year.
(b) The state board shall prescribe all forms necessary for reporting under this act. Funds shall be distributed to the respective boards as soon as the state board deems prac- ticable.
(c) Every board shall make such periodic and special reports of statistical and financial
information to the state board as it may request in order to carry out its responsibilities under this act.
Sec. 28. K.S.A. 72-981 is hereby amended to read as follows: 72-981. The department, upon request, shall from time to time as requested:
(1) Give technical advice and assistance to any board agency in connection with the
establishment and maintenance of programs of screening, diagnosis and certification of special education and related services for exceptional children;
(2) make recommendations to any board agency concerning appropriate special edu-
cation or related services for to be provided to exceptional children; and
(3) consider and give advice to any board agency concerning problems encountered by
such board agency in complying with the requirements of K.S.A. 72-933 and 72-966 this act.
Sec. 29. K.S.A. 1997 Supp. 72-983 is hereby amended to read as follows: 72-983. (a)
In each school year, commencing with the 1994-95 school year, to the extent that appro-
priations are available, each school district which has provided special education and related
services for an exceptional child who uniquely or so severely differs from other exceptional children in physical, mental, social, emotional or educational characteristics that the costs attributable to the provision of special education services for the child are whose IEP pro- vides for services which cost in excess of $25,000 for the school year is shall be eligible to
receive a grant of state moneys in an amount equal to 75% of that portion of the costs,
incurred by the district in the provision of special education and related services for the
child, that is in excess of $25,000.
(b) In order to be eligible for a grant of state moneys provided for by subsection (a), a
school district shall submit to the state board of education an application for a grant and a
description of the special education and related services provided and the name or names of the child or children for whom provided. The application and description shall be pre-
pared in such form and manner as the state board shall require and shall be submitted at a
time to be determined and specified by the state board. Approval by the state board of
applications for grants of state moneys is prerequisite to the award of grants.
(c) Each school district which is awarded a grant under this section shall make such
periodic and special reports of statistical and financial information to the state board as it
may request.
(d) All moneys received by a school district under authority of this section shall be
deposited in the special education fund of the school district. Amounts received under this
section and deposited in the special education fund shall be used exclusively to reimburse
the school district, in part, for the excessive amount expended in providing special education and related services for uniquely or severely different exceptional children.
(e) The state board of education shall:
(1) Prescribe and adopt criteria for identification of uniquely or severely different ex- ceptional children and for and determination of excessive costs attributable to the provision
of special education and related services for such children under this section;
(2) approve applications of school districts for grants;
(3) determine the amount of grants and be responsible for payment of such grants to
school districts; and
(4) prescribe all forms necessary for reporting under this section.
(f) If the amount of appropriations for the payment of grants under this section is
insufficient to pay in full the amount each school district is determined to be eligible to
receive for the school year, the state board shall prorate the amount appropriated among
all school districts which are eligible to receive grants of state moneys in proportion to the
amount each school district is determined to be eligible to receive.
New Sec. 30. (a) School personnel may order a change in the placement of a child with
a disability:
(1) To an appropriate interim alternative educational setting or other setting, or the
short-term suspension of the child; or
(2) to an appropriate interim alternative educational setting for not more than 45 cal-
endar days if: (A) The child carries a weapon to school or to a school function under the
jurisdiction of the agency; or (B) the child knowingly possesses or uses illegal drugs or sells
or solicits the sale of a controlled substance while at school or a school function under the
jurisdiction of the agency.
(b) The alternative educational setting described in subsection (a)(2) shall be deter-
mined by the IEP team.
(c) Either before, or not later than 10 days after, taking a disciplinary action as described
in subsection (a):
(1) If the agency did not conduct a functional behavioral assessment and implement a
behavioral intervention plan for such child before the behavior that resulted in the disci-
plinary action, the agency shall convene an IEP meeting to develop an intervention plan to
address that behavior; or
(2) if the child already has a behavioral intervention plan, the IEP team shall review the
plan and modify it, as necessary, to address the behavior.
(d) A hearing officer who meets the qualifications specified in this act may order a
change in the placement of a child with a disability to an appropriate interim alternative
educational setting for not more than 45 calendar days if the hearing officer:
(1) Determines that the agency has demonstrated, by substantial evidence, that main-
taining the current placement of such child is substantially likely to result in injury to the
child or to others;
(2) considers the appropriateness of the child's current placement;
(3) considers whether the agency has made reasonable efforts to minimize the risk of
harm in the child's current placement, including the use of supplementary aids and services;
and
(4) determines that the interim alternative educational setting meets the requirements
of subsection (e).
(e) Any interim alternative educational setting in which a child is placed under this
section shall:
(1) Be selected so as to enable the child to continue to participate in the general cur-
riculum, although in another setting, and to continue to receive those services and modifi-
cations, including those described in the child's current IEP, that will enable the child to
meet the goals set out in the IEP; and
(2) include services and modifications designed to address the behavior so that it does
not recur.
(f) If a disciplinary action is contemplated as described in subsection (a) for a behavior
of a child with a disability, or if a disciplinary action involving a change of placement for
more than 10 school days is contemplated for a child with a disability who has engaged in
other behavior that violated any rule or code of conduct of the agency that applies to all
children:
(1) Not later than the date on which the decision to take that action is made, the parents
shall be notified of that decision and of all procedural safeguards afforded under section 31;
and
(2) immediately, if possible, but in no case later than 10 school days after the date on
which the decision to take that action is made, a review, as specified in subsection (g), shall
be conducted of the relationship between the child's disability and the behavior subject to
the disciplinary action.
(g) Any review described in subsection (f)(2) shall be conducted by the child's IEP team
and other qualified personnel. In carrying out such a review, the IEP team may determine
that the behavior of the child was not a manifestation of such child's disability only if the
IEP team:
(1) First considers, in terms of the behavior subject to disciplinary action, all relevant
information, including: (A) evaluation and diagnostic results, including such results or other
relevant information supplied by the parents of the child; (B) observations of the child; and
(C) the child's IEP and placement; and
(2) then determines that: (A) In relationship to the behavior subject to disciplinary
action, the child's IEP and placement were appropriate and the special education services,
supplementary aids and services, and behavior intervention strategies were provided con-
sistent with the child's IEP and placement; (B) the child's disability did not impair the ability
of the child to understand the impact and consequences of the behavior subject to discipli-
nary action; and (C) the child's disability did not impair the ability of the child to control
the behavior subject to disciplinary action.
(h) (1) If the result of the review under subsection (g) is a determination that the
behavior of the child was not a manifestation of the child's disability, the relevant disciplinary
procedures applicable to children without disabilities may be applied to the child in the
same manner in which they would be applied to children without disabilities, except that
an appropriate public education must continue to be provided to the child during the period
of disciplinary action.
(2) If the agency initiates disciplinary procedure applicable to all children, the agency
shall ensure that the special education and disciplinary records of the child are transmitted
for consideration by the person or persons making the final determination regarding the
disciplinary action.
(i) For purposes of this section, the following definitions apply:
(1) ``Controlled substance'' means a drug or other substance identified under schedules
I, II, III, IV, or V in 21 U.S.C. 812(c);
(2) ``illegal drug'' means a controlled substance but does not include such a substance
that is legally possessed or used under the supervision of a licensed health-care professional
or that is legally possessed or used under any other authority under any federal or state law;
(3) ``substantial evidence'' means beyond a preponderance of the evidence;
(4) ``weapon'' 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.
New Sec. 31. (a)(1) If a child's parent disagrees with a determination under section 30,
and amendments thereto, that the child's behavior was not a manifestation of the child's
disability or with any decision regarding placement under that section, the parent may
request a due process hearing.
(2) The agency shall arrange for an expedited hearing in any case described in this
section when requested by a parent.
(b) (1) In reviewing a decision with respect to the manifestation determination, the
hearing officer shall determine whether the agency has demonstrated that the child's be-
havior was not a manifestation of such child's disability consistent with the requirements of
subsection (g) of section 30, and amendments thereto.
(2) In reviewing a decision under subsection (a)(2) of section 30, and amendments
thereto, to place the child in an interim alternative educational setting, the hearing officer
shall apply the standards set out in subsection (d) of section 30, and amendments thereto.
(c) Any hearing provided for in section 30 or in this section shall be conducted:
(1) By a due process hearing officer appointed by the state board; and
(2) in accordance with rules and regulations adopted by the state board.
New Sec. 32. (a) If a parent requests a hearing under section 31, and amendments
thereto, the child shall remain in the interim alternative educational setting pending the
decision of the hearing officer in regard to the manifestation determination or the interim
placement decision, or until the expiration of the 45-day time period described in subsection
(a)(2) of section 30, and amendments thereto, whichever occurs first, unless the parent and
the agency agree otherwise.
(b) Except as provided in subsection (c), if a child is placed in an interim alternative
educational setting pursuant to section 30, and amendments thereto, and school personnel
propose to change the child's placement after expiration of the interim alternative place-
ment, during the pendency of any proceeding to challenge the proposed change in place-
ment, the agency shall return the child to the child's placement prior to the interim alter-
native educational setting.
(c) (1) If the agency maintains that it is dangerous for the child to be returned to the
child's placement prior to removal to the interim alternative education setting during the
pendency of due process proceedings, the agency may request an expedited hearing in
regard to the proposed change in placement.
(2) In determining whether the child may be placed in the alternative education setting
or in another appropriate placement ordered by the hearing officer, the hearing officer shall
apply the standards set out in subsection (d) of section 30, and amendments thereto.
New Sec. 33. (a) A child who has not been determined to be eligible for special edu-
cation and related services under this act and who has engaged in behavior that violated any
rule or code of conduct of the school district, including any behavior described in section
30 and amendments thereto, may assert any of the protections provided for in this act if the
school district had knowledge, as determined in accordance with this section, that the child
was a child with a disability before the behavior that precipitated the disciplinary action
occurred.
(b) A school district shall be deemed to have knowledge that a child is a child with a
disability if:
(1) The parent of the child has expressed concern in writing, unless the parent is illit-
erate or has a disability that prevents compliance with the requirements contained in this
clause, to personnel of the appropriate educational agency that the child is in need of special
education and related services;
(2) the behavior or performance of the child demonstrates the need for such services;
(3) the parent of the child previously has requested an evaluation of the child; or
(4) the teacher of the child, or other personnel of the school district, previously has
expressed concern about the behavior or performance of the child to the director of special
education of such school district or to other personnel of the district.
(c) (1) Subject to provision (2) of this subsection, if a school district does not have
knowledge that a child is a child with a disability prior to taking disciplinary action against
the child, the child may be subjected to the same disciplinary action as is applied to children
without disabilities who engage in comparable behaviors.
(2) If a request is made for an evaluation of a child during the time period in which the
child is subjected to disciplinary action described by this act, an evaluation shall be con-
ducted in an expedited manner. If the child is determined to be a child with a disability,
taking into consideration information from the evaluation conducted by the school district
and information provided by the parents, the school district shall provide special education
and related services in accordance with the provisions of this act, except that, pending the
results of the evaluation, the child shall remain in the educational placement determined
by school authorities, which may be long-term suspension or expulsion from school.
New Sec. 34. (a) Nothing in this act shall be construed to prohibit an agency from
reporting a crime committed by a child with a disability to appropriate authorities or to
prevent state or local law enforcement and judicial authorities from exercising their respon-
sibilities with regard to the application of federal, state, or local law to crimes committed
by a child with a disability.
(b) An agency reporting a crime committed by a child with a disability shall ensure that
copies of the special education and disciplinary records of the child are transmitted for
consideration by the appropriate authorities to whom it reports the crime.
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.
Sec. 36. K.S.A. 38-1513a is hereby amended to read as follows: 38-1513a. (a) When
the court has granted legal custody of a child in a hearing under the Kansas code for care
of children to an agency, association or individual, the custodian, or an agent designated by
the custodian, shall have authority to make educational decisions for the child if the parents
of the child are unknown or unavailable. When the custodian of the child is the secretary, and the parents of the child are unknown or unavailable, and the child appears to be an
exceptional child who requires special education services, the secretary shall immediately
notify the state board of education, or a designee of the state board, and the school district
in which the child is residing that the child is in need of an education advocate. As soon as
possible after notification by the secretary of the need by a child of an education advocate,
the state board of education, or its designee, shall appoint an education advocate for the
child.
(b) As used in this section, the terms exceptional child, special education services, and
education advocate have the meanings respectively ascribed thereto in the special education
for exceptional children act.
Sec. 37. K.S.A. 1997 Supp. 72-53,109 is hereby amended to read as follows: 72-53,109.
(a) Subject to the provisions of subsection (b), no school district shall be required to provide
any person, who is 16 years of age or older, has been prosecuted as an adult, convicted of
a crime, and incarcerated in a county jail or state correctional institution, with an opportunity
to attend school at a school facility operated by the school district for the period of time the
person is incarcerated, nor shall any school district be required to provide any such person
with educational services at the county jail or state correctional institution in which the
person is incarcerated.
(b) The provisions of subsection (a) do not apply to any person who is under 21 years of age and who, immediately prior to conviction and incarceration, was determined to be an exceptional child, except for an exceptional child who is determined to be a gifted child, a child with a disability for whom an individualized education program had been developed and effectuated under the provisions of the special education for exceptional children act.'';
Also on page 1, in line 14, by striking ``Section 1'' and inserting ``Sec. 38'';
On page 2, in line 5, by striking ``2'' and inserting ``39'';
On page 3, by striking all of line 6; following line 6, by inserting a new section as follows:
In the title, in line 10, after ``concerning'', by inserting ``education; relating to special
education for exceptional children; affecting the regulation of''; also in line 10, after ``K.S.A.'',
by inserting ``38-1513a, 72-961, 72-963, 72-963a, 72-963c, 72-964, 72-965, 72-966, 72-967,
72-970, 72-971, 72-973, 72-973a, 72-975, 72-976, 72-977, 72-979 and 72-981 and K.S.A.'';
in line 11, after ``503'' by striking ``and'' and inserting a comma; also in line 11, after ``65-
508'' by inserting ``72-962, 72-968, 72-974, 72-978, 72-983 and 72-53,109''; also in line 11,
after ``sections'', by inserting ``; also repealing K.S.A. 72-933, 72-963b, 72-969, 72-972, 72-
980, 72-5392, 72-5393 and 72-5394''; and the bill be passed as amended.
March 24, 1998
Committee on Federal and State Affairs recommends SB 586 be not passed.
Committee on Public Health and Welfare recommends HB 2607, as amended by
House Committee, be amended on page 1, in line 19, by striking all after ``administration'';
in line 20, by striking ``provided by this''; in line 21, by striking ``section'';
On page 8, in line 13, after ``education'', by inserting a comma; in line 15, after ``care'',
by inserting ``ombudsman''; and the bill be passed as amended.
Also HB 2723, as amended by House Committee, be amended on page 1, in line 17, by
striking ``automatic'' and inserting ``automated''; in line 18, before ``person'', by inserting
``qualified''; also in line 18, by striking all after ``person''; by striking all in lines 19 through
33; in line 34, by striking all before the period; in line 35, by striking ``(c)'' and inserting
``(b)''; in line 37, after ``defibrillator'', by striking the comma; in line 38, by striking all before
``shall''; following line 42, by inserting a subsection as follows:
``(c) As used in this section, ``qualified person'' means a person who: (1) Has completed
a course in cardiopulmonary resuscitation or a basic first aid course that includes cardio-
pulmonary resuscitation training and (2) has completed a course of training in the use of
automated external defibrillators, which course is approved by the state board of healing
arts based on rules and regulations adopted by the state board of healing arts and has
demonstrated proficiency in the use of an automated external defibrillator.'';
In the title, in line 10, by striking ``automatic'' and inserting ``automated''; in line 11, by
striking all after the semicolon; by striking all in lines 12 and 13; in line 14, by striking all
before ``liability'' and inserting ``concerning''; and the bill be passed as amended.
Committee on Transportation and Tourism recommends HB 2876 be passed.
Also, SB 149, 198, 270 correctly re-engrossed March 25, 1998.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Becker in the chair.
On motion of Senator Becker the following report was adopted:
Recommended that HB 2621 be passed.
Also, SB 603; HB 2126, 2689, 2792, 2933, be amended by adoption of the committee
amendments, and the bills be passed as amended.
HB 2627 be amended by motion of Senator Emert as amended by House Committee
of the Whole, on page 1, in line 17, by striking ``New''; by striking all on line 43;
By striking all on pages 2 and 3;
On page 4, by striking all in lines 1 through 12;
And by renumbering sections accordingly;
On page 1, in the title, in line 12, by striking all after the semicolon; by striking all on
line 13; in line 14, by striking all before the period.
The bill also be amended by motion of Senator Oleen on page 4, by striking all in lines
11 and 12 and inserting:
``New Sec. 5. The commissioner of juvenile justice may appoint deputy commissioners
and assistant commissioners as determined necessary by the commissioner to carry out the
mission of the authority. All deputy commissioners and assistant commissioners shall serve
at the pleasure of the commissioner, shall be in the unclassified service under the Kansas
civil service act and shall receive an annual salary fixed by the commissioner and approved
by the governor. The commissioner may appoint a public information officer, a chief attor-
ney, other attorneys and a personal secretary for the juvenile justice authority. These em-
ployees shall serve at the pleasure of the commissioner, shall be in the unclassified service
under the Kansas civil service act and shall receive an annual salary fixed by the commis-
sioner and approved by the governor. Unless otherwise designated, all other employees of
the juvenile justice authority shall be in the classified service.
Sec. 6. K.S.A. 1997 Supp. 38-1602 is hereby amended to read as follows: 38-1602. As
used in this code, unless the context otherwise requires:
(a) ``Juvenile'' means a person 10 or more years of age but less than 18 years of age.
(b) ``Juvenile offender'' means a person who does an act commits an offense while a
juvenile which if done committed by an adult would constitute the commission of a felony
or misdemeanor as defined by K.S.A. 21-3105, and amendments thereto, or who violates
the provisions of K.S.A. 21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic offense, as defined in
subsection (d) of K.S.A. 8-2117, and amendments thereto;
(2) a person 16 years of age or over who commits an offense defined in chapter 32 of
the Kansas Statutes Annotated;
(3) a person whose prosecution as an adult is authorized pursuant to K.S.A. 38-1636 and amendments thereto and whose prosecution results in the conviction of an adult crime; or
(4) a person who has been found to be an extended jurisdiction juvenile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment thereto, and whose stay of adult sen- tence execution has been revoked under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas code of criminal procedure;
(B) sentenced as an adult under the Kansas code of criminal procedure following ter- mination of status as an extended jurisdiction juvenile pursuant to K.S.A. 38-16,126, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign jurisdiction under substantially similar procedures described in K.S.A. 38-1636, and amendments thereto, or because of attaining the age of majority designated in that state or jurisdiction.
(c) ``Parent,'' when used in relation to a juvenile or a juvenile offender, includes a guard-
ian, conservator and every person who is by law liable to maintain, care for or support the
juvenile.
(d) ``Law enforcement officer'' means any person who by virtue of that person's office
or public employment 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.
(e) ``Youth residential facility'' means any home, foster home or structure which provides
twenty-four-hour-a-day care for juveniles and which is licensed pursuant to article 5 of
chapter 65 of the Kansas Statutes Annotated.
(f) ``Juvenile detention facility'' means any secure public or private facility which is used
for the lawful custody of accused or adjudicated juvenile offenders and which must shall
not be a jail.
(g) ``Juvenile correctional facility'' means a facility operated by the commissioner for
juvenile offenders.
(h) ``Warrant'' means a written order by a judge of the court directed to any law en-
forcement officer commanding the officer to take into custody the juvenile named or de-
scribed therein.
(i) ``Commissioner'' means the commissioner of juvenile justice.
(j) ``Jail'' means:
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless the facility meets all
applicable 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 ju-
venile and adult staff, including management, security staff and direct care staff such as
recreational, educational and counseling.
(k) ``Court-appointed special advocate'' means a responsible adult, other than an attor-
ney appointed pursuant to K.S.A. 38-1606, and amendments thereto, who is appointed by
the court to represent the best interests of a child, as provided in K.S.A. 1997 Supp. 38-
1606a, and amendments thereto, in a proceeding pursuant to this code.
(l) ``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. 1997 Supp. 76-3202 75-7023, and amendments thereto.
(m) ``Institution'' means the following institutions: The Atchison juvenile correctional
facility, the Beloit juvenile correctional facility, the Larned juvenile correctional facility and
the Topeka juvenile correctional facility.
(n) ``Sanction Sanctions house'' 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 the behavior of its residents. Upon an order from
the court, a licensed juvenile detention facility may serve as a sanction sanctions house. A sanction sanctions house may be physically connected physically to a nonsecure shelter
facility provided the sanction sanctions house is not a licensed juvenile detention facility.
(o) ``Sentencing risk assessment tool'' means an instrument administered to juvenile
offenders which delivers a score, or group of scores, describing, but not limited to describing,
the juvenile's potential risk to the community.
Sec. 7. K.S.A. 1997 Supp. 38-1604 is hereby amended to read as follows: 38-1604. (a)
Except as provided in K.S.A. 38-1636 and 21-3611, and amendments thereto, proceedings
concerning a juvenile who appears to be a juvenile offender shall be governed by the pro-
visions of this code.
(b) The district court shall have original jurisdiction to receive and determine proceed-
ings under this code.
(c) When jurisdiction is acquired by the district court over an alleged juvenile offender
it may continue until: (1) Sixty days after sentencing, if the juvenile is committed directly to a juvenile correctional facility; (2)committed to the custody of the commissioner pursuant to subsection (c) of K.S.A. 38-1665, and amendments thereto; (2) if directly committed to a juvenile correctional facility, the juvenile has attained the age of 23 years, if committed to the custody of the commissioner pursuant to subsection (c) of K.S.A. 38-1665, and amend- ments thereto, unless an adult sentence is imposed pursuant to an extended jurisdiction
juvenile prosecution. If such adult sentence is imposed, jurisdiction shall continue until
discharged by the court or other process for the adult sentence; (3) the juvenile has been
discharged by the court; or (4) the juvenile has been discharged under the provisions of
K.S.A. 38-1675, and amendments thereto.
(d) If a juvenile has been adjudicated to be a juvenile offender and a child in need of
care, the juvenile justice code shall apply to such juvenile and the child in need of care code
shall be suspended during the time the juvenile justice code applies for to such juvenile.
Nothing in this subsection shall preclude such juvenile offender from accessing services
provided by the department of social and rehabilitation services or any other state agency
if such juvenile is eligible for such services.
(e) The provisions of this code shall govern with respect to acts done offenses committed
on or after July 1, 1997.
Sec. 8. K.S.A. 1997 Supp. 38-1636 is hereby amended to read as follows: 38-1636. (a)
(1) Except as provided further, at any time after commencement of proceedings under this
code against a respondent and prior to entry of a sentence or the beginning of an evidentiary
hearing at which the court may enter a sentence as provided in K.S.A. 38-1655, and amend-
ments thereto, the county or district attorney may file a motion requesting that the court
authorize prosecution of the respondent as an adult under the applicable criminal statute.
The respondent shall be presumed to be a juvenile unless good cause is shown to prosecute
the respondent as an adult.
(2) At any time after commencement of proceedings under this code against a respon-
dent who was: (A) 14, 15, 16 or 17 years of age at the time of the offense or offenses alleged
in the complaint, if any such offense (i) if committed by an adult, would be constitute an
offgrid offense, a person felony, a nondrug severity level 1 through 6 felony or any drug
severity level 1 or 2 felony; or (ii) was committed while in possession of a firearm; or (B)
charged with a felony or with more than one offense of which one or more is constitutes a
felony after having been adjudicated or convicted in a separate prior juvenile proceeding as
having committed an act offense which would constitute a felony if committed by an adult
and the adjudications or convictions occurred prior to the date of the commission of the
new act charged and prior to the entry of a sentence or the beginning of an evidentiary
hearing at which the court may enter a sentence as provided in K.S.A. 38-1655, and amend-
ments thereto, the county or district attorney may file a motion requesting that the court
authorize prosecution of the respondent as an adult under the applicable criminal statute.
The respondent shall be presumed to be an adult. The burden of proof is on the respondent
to rebut the presumption.
(3) At any time after commencement of proceedings under this code against a respon-
dent and prior to entry of a sentence or the beginning of an evidentiary hearing at which
the court may enter a sentence as provided in K.S.A. 38-1655, and amendments thereto,
the county or district attorney may file a motion requesting that the court designate the
proceedings as an extended jurisdiction juvenile prosecution as provided further. If the
county or district attorney files a motion to designate the proceedings as an extended juris-
diction juvenile prosecution and the respondent was 14, 15, 16 or 17 years of age at the
time of the offense or offenses alleged in the complaint and: (A) charged with an offense
(i) if committed by an adult, would be constitute an offgrid felony, a person felony, a nondrug
severity level 1 through 6 felony or any drug severity level 1 or 2 felony; or (ii) was committed
while in possession of a firearm; or (B) charged with a felony or with more than one offense
of which one or more is constitutes a felony after having been adjudicated or convicted in
a separate prior juvenile proceeding as having committed an act which would constitute a
felony if committed by an adult and the adjudications or convictions occurred prior to the
date of the commission of the new act offense charged, the burden of proof is on the
respondent to rebut the designation of an extended jurisdiction juvenile prosecution. In all
other motions requesting that the court designate the proceedings as an extended jurisdic-
tion juvenile prosecution, the respondent is presumed to be a juvenile. The burden of proof
is on the prosecutor to prove the respondent should be designated as an extended jurisdic-
tion juvenile.
(b) The motion may also may contain a statement that the prosecuting attorney will
introduce evidence of the offenses alleged in the complaint and request that, on hearing
the motion and authorizing prosecution as an adult or designating the proceedings as an
extended jurisdiction juvenile prosecution under this code, the court may make the findings
required in a preliminary examination provided for in K.S.A. 22-2902, and amendments
thereto, and the finding that there is no necessity for further preliminary examination.
(c) Upon receiving a motion as established in subsection (a), the court shall set a time
and place for hearing on the motion. The court shall give notice of the hearing to the
respondent, each parent of the respondent, if service is possible, and the attorney repre-
senting the respondent. The motion shall be heard and determined prior to any further
proceedings on the complaint.
(d) If the respondent fails to appear for hearing on a motion as established in subsection
(a) after having been properly served with notice of the hearing, the court may hear and
determine the motion in the absence of the respondent. If the court is unable to obtain
service of process and give notice of the hearing, the court may hear and determine the
motion in the absence of the respondent after having given notice of the hearing at least
once a week for two consecutive weeks in a newspaper authorized to publish legal notices in the official county newspaper of the county where the hearing will be held.
(e) In determining whether or not prosecution as an adult should be authorized or
designating the proceeding as an extended jurisdiction juvenile prosecution, the court shall
consider each of the following factors: (1) The seriousness of the alleged offense and whether
the protection of the community requires prosecution as an adult or designating the pro-
ceeding as an extended jurisdiction juvenile prosecution; (2) whether the alleged offense
was committed in an aggressive, violent, premeditated or willful manner; (3) whether the
offense was against a person or against property,. Greater weight being shall be given to
offenses against persons, especially if personal injury resulted; (4) the number of alleged
offenses unadjudicated and pending against the respondent; (5) the previous history of the
respondent, including whether the respondent had been adjudicated a juvenile offender
under this code and, if so, whether the offenses were against persons or property, and any
other previous history of antisocial behavior or patterns of physical violence; (6) the sophis-
tication or maturity of the respondent as determined by consideration of the respondent's
home, environment, emotional attitude, pattern of living or desire to be treated as an adult;
(7) whether there are facilities or programs available to the court which are likely to reha-
bilitate the respondent prior to the expiration of the court's jurisdiction under this code;
and (8) whether the interests of the respondent or of the community would be better served
by criminal prosecution or extended jurisdiction juvenile prosecution. The insufficiency of
evidence pertaining to any one or more of the factors listed in this subsection shall not, in
and of itself, shall not be determinative of the issue. Subject to the provisions of K.S.A.
38-1653, and amendments thereto, written reports and other materials relating to the re-
spondent's mental, physical, educational and social history may be considered by the court.
(f) (1) The court may authorize prosecution as an adult upon completion of the hearing
if the court finds that there is substantial evidence that the respondent should be prosecuted
as an adult for the offense with which the respondent is charged. In that case, the court
shall direct the respondent be prosecuted under the applicable criminal statute and that the
proceedings filed under this code be dismissed.
(2) The court may designate the proceeding as an extended jurisdiction juvenile pros-
ecution upon completion of the hearing if the respondent has failed to rebut the presumption
or the court finds that there is substantial evidence that the respondent should be prosecuted
under an extended jurisdiction juvenile prosecution. A juvenile who is the subject of an
extended jurisdiction juvenile prosecution shall have the right to a trial by jury, to the
effective assistance of counsel and to all other rights of a defendant pursuant to the Kansas
code of criminal procedure. On or before March 31, 1998, Each court shall adopt local rules
to establish the basic procedures for extended juvenile jurisdiction prosecution in their
jurisdictions.
(3) After a proceeding in which prosecution as an adult is requested pursuant to sub-
section (a)(2), and prosecution as an adult is not authorized, the court may designate the
proceedings to be an extended juvenile jurisdiction prosecution. A juvenile who is the subject
of an extended juvenile jurisdiction prosecution shall have the right to a trial by jury, to the
effective assistance of counsel and to all other rights of a defendant pursuant to the Kansas
code of criminal procedure. On or before March 31, 1998, Each court shall adopt local rules
to establish the basic procedures for extended juvenile jurisdiction prosecution in their
jurisdictions.
(g) If the respondent is present in court and the court also finds from the evidence that
it appears a felony has been committed and that there is probable cause to believe the felony
has been committed by the respondent, the court may direct that there is no necessity for
further preliminary examination on the charges as provided for in K.S.A. 22-2902, and
amendments thereto. In that case, the court shall order the respondent bound over to the
district judge having jurisdiction to try the case.
(h) If the respondent is convicted, the authorization for prosecution as an adult shall
attach and apply to any future acts by the respondent which are or would be cognizable
under this code.
(i) If the respondent is prosecuted as an adult under subsection (a)(2) and is not con-
victed in adult court of an offense listed in subsection (a)(2) but is convicted or adjudicated of a lesser included offense, the respondent shall be a juvenile offender and receive a sen-
tence pursuant to K.S.A. 38-1663, and amendments thereto.
Sec. 9. K.S.A. 1997 Supp. 38-1663 is hereby amended to read as follows: 38-1663. (a)
When a respondent has been adjudged adjudicated to be a juvenile offender, the judge may
select from the following alternatives:
(1) Place the juvenile offender on probation for a fixed period, subject to the terms and
conditions the court deems appropriate, including a requirement of making restitution as
required by subsection (d).
(2) Place the juvenile offender in the custody of a parent or other suitable person,
subject to the terms and conditions the court orders, including a requirement of making
restitution as required by subsection (d).
(3) Place the juvenile offender in the custody of a youth residential facility, subject to
the terms and conditions the court orders.
(4) Place the juvenile offender in the custody of the commissioner.
(5) Impose any appropriate combination of subsections (a)(1) and (2), subsection (a)(3) or subsection (a)(4) and make other orders directed to the juvenile offender as the court deems appropriate.
(6) (5) Commit the juvenile offender to a sanctions house for a period no longer than
seven days. Following such period, the court shall review the placement. The court may
continue to recommit the juvenile offender to a sanctions house for a period no longer than
seven days followed by a court review. In no event shall such Commitment to a sanctions
house commitment shall not exceed 28 consecutive days. An offender over 18 years of age or less than 23 years of age at sentencing may be committed to a county jail, in lieu of a sanctions house, under the same time restrictions imposed by this paragraph. No offender may be committed under this paragraph unless such offender has violated the terms of probation.
(7) Commit the juvenile offender, if 18 years of age or less than 23 years of age, to the county jail for a period no longer than seven days and only when the juvenile offender has violated probation.
(8) (6) Commit the juvenile offender to a community based program available in such
judicial district subject to the terms and conditions the court orders.
(7) Impose any appropriate combination of paragraphs (1) through (6) of this subsection and make other orders directed to the juvenile offender as the court deems appropriate.
(9) (8) Commit the juvenile offender to a juvenile correctional facility if the juvenile
offender:
(A) Has Previously has been adjudged adjudicated as a juvenile offender under this
code or under the Kansas juvenile offender code as it existed prior to July 1, 1997, for an offense which, if committed by an adult, would constitute a felony, a class A misdemeanor, a class B person or nonperson select misdemeanor or a class C person misdemeanor; or
(B) has been adjudicated a juvenile offender as a result of having committed an act offense which, if done committed by a person 18 years of age or over, would constitute a
class A, B or C felony as defined by the Kansas criminal code or, if done on or after July 1,
1993, would constitute an off-grid crime or a nondrug crime ranked in severity level 1
through 5 or a drug crime ranked in severity level 1 through 3.
(10) (9) Place the juvenile offender under a house arrest program administered by the
court pursuant to K.S.A. 21-4603b, and amendments thereto.
(b) (1) In addition to any other order authorized by this section, the court may order
the: (A) Juvenile offender and the parents of the juvenile offender to:
(i) Attend counseling sessions as the court directs; or
(ii) participate in mediation as the court directs. Participants in such mediation may
include, but shall not be limited to, the victim, the juvenile offender and the juvenile of-
fender's parents. Mediation shall not be mandatory for the victim;
(B) parents of the juvenile offender to participate in parenting classes; or
(C) juvenile offender to successfully participate in a program of education offered by a
local board of education including placement in an alternative educational program ap-
proved by a local board of education.
(2) Upon entering an order requiring a juvenile offender's parent to attend counseling
sessions or mediation, the court shall give the parent notice of the order. The notice shall
inform the parent of the parent's right to request a hearing within 10 days after entry of the
order and the parent's right to employ an attorney to represent the parent at the hearing
or, if the parent is financially unable to employ an attorney, the parent's right to request the
court to appoint an attorney to represent the parent. If the parent does not request a hearing
within 10 days after entry of the order, the order shall take effect at that time. If the parent
requests a hearing, the court shall set the matter for hearing and, if requested, shall appoint
an attorney to represent the parent. The expense and fees of the appointed attorney may
be allowed and assessed as provided by K.S.A. 38-1606, and amendments thereto.
(3) The costs of any counseling or mediation may be assessed as expenses in the case.
No mental health center shall charge a fee for court-ordered counseling greater than that what the center would have charged the person receiving the counseling if the person had
requested counseling on the person's own initiative. No mediator shall charge a fee for
court-ordered mediation greater than that what the mediator would have charged the person
participating in the mediation if the person had requested mediation on the person's own
initiative.
(c) (1) If a respondent has been adjudged to be a juvenile offender, the court, in ad-
dition to any other order authorized by this section, may suspend the juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and highways of this
state. The duration of the suspension ordered by the court shall be for a definite time period
to be determined by the court. Upon suspension of a license pursuant to this subsection,
the court shall require the juvenile offender to surrender the license to the court, which. The court shall transmit the license to the division of motor vehicles of the department of
revenue, to be retained until the period of suspension expires. At that time, the licensee
may apply to the division for return of the license. If the license has expired, the juvenile
offender may apply for a new license, which shall be issued promptly upon payment of the
proper fee and satisfaction of other conditions established by law for obtaining a license
unless another suspension or revocation of the juvenile offender's privilege to operate a
motor vehicle is in effect. As used in this subsection, ``highway'' and ``street'' have the
meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto. Any respondent
who is adjudged adjudicated to be a juvenile offender who does not have a driver's license
may have such juvenile offender's driving privileges revoked. No Kansas driver's license
shall be issued to a juvenile offender whose driving privileges have been revoked pursuant
to this section for a definite time period to be determined by the court.
(2) In lieu of suspending the driver's license or privilege to operate a motor vehicle on
the highways of this state of any respondent adjudged adjudicated to be a juvenile offender,
as provided in subsection (c)(1), the court in which such juvenile offender was adjudged adjudicated to be a juvenile offender may enter an order which places conditions on such
juvenile offender's privilege of operating a motor vehicle on the streets and highways of this
state, a certified copy of which such juvenile offender shall be required to carry any time
such juvenile offender is operating a motor vehicle on the streets and highways of this state.
Any such order shall prescribe the duration of the conditions imposed and shall specify that
such duration shall be for a definite time period to be determined by the court. Upon
entering an order restricting a juvenile offender's license hereunder, the court shall require
such juvenile offender to surrender such juvenile offender's driver's license to the court who shall cause it to be transmitted. The court shall transmit the license to the division of
vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles
shall issue without charge a driver's license which shall indicate on its face that conditions
have been imposed on such juvenile offender's privilege of operating a motor vehicle and
that a certified copy of the order imposing such conditions is required to be carried by the
juvenile offender for whom the license was issued any time such juvenile offender is op-
erating a motor vehicle on the streets and highways of this state. If the juvenile offender convicted is a nonresident, the court shall cause a copy of the order to be transmitted to
the division and the division shall forward a copy of it to the motor vehicle administrator of
such juvenile offender's state of residence. Such court shall furnish to any juvenile offender
whose driver's license has had conditions imposed on it under this section a copy of the
order, which shall be recognized as a valid Kansas driver's license until such time as the
division shall issue the restricted license provided for in this subsection. Upon expiration of
the period of time for which conditions are imposed pursuant to this subsection, the licensee
may apply to the division for the return of the license previously surrendered by such
licensee. In the event such license has expired, such juvenile offender may apply to the
division for a new license, which shall be issued immediately by the division upon payment
of the proper fee and satisfaction of the other conditions established by law, unless such
juvenile offender's privilege to operate a motor vehicle on the streets and highways of this
state has been suspended or revoked prior thereto. If any juvenile offender shall violate any
of the conditions imposed under this subsection, such juvenile offender's driver's license or
privilege to operate a motor vehicle on the streets and highways of this state shall be revoked
for a period as determined by the court in which such juvenile offender is convicted of
violating such conditions.
(d) Whenever a juvenile offender is placed pursuant to subsection (a)(1) or (2), the
court, unless it finds compelling circumstances which would render a plan of restitution
unworkable, shall order the juvenile offender to make restitution to persons who sustained
loss by reason of the offense. The restitution shall be made either by payment of an amount
fixed by the court or by working for the persons in order to compensate for the loss. If the
court finds compelling circumstances which would render a plan of restitution unworkable,
the court may order the juvenile offender to perform charitable or social service for organ-
izations performing services for the community.
Nothing in this subsection shall be construed to limit a court's authority to order a juvenile
offender to make restitution or perform charitable or social service under circumstances
other than those specified by this subsection or when placement is made pursuant to sub-
section (a)(3) or (4).
(e) In addition to or in lieu of any other order authorized by this section, the court may
order a juvenile offender to pay a fine not exceeding $250 for each offense. In determining
whether to impose a fine and the amount to be imposed, the court shall consider the
following:
(1) Imposition of a fine is most appropriate in cases where the juvenile offender has
derived pecuniary gain from the offense.
(2) The amount of the fine should be directly related directly to the seriousness of the
juvenile offender's offense and the juvenile offender's ability to pay.
(3) Payment of a fine may be required in a lump sum or installments.
(4) Imposition of a restitution order is preferable to imposition of a fine.
(5) The juvenile offender's duty of payment should be limited in duration and in no
event should the time necessary for payment exceed the maximum term which would be
authorized if the offense had been committed by an adult.
(f) In addition to or in lieu of any other order authorized by this section, if a juvenile is adjudged adjudicated to be a juvenile offender 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, 41-727, 65-4152, 65-4153, 65-4154 or 65-4155 65-4101 through 65-4164 or K.S.A.
1997 Supp. 8-1599, and amendments thereto, the court shall order the juvenile offender to
submit to and complete an alcohol and drug evaluation by a community-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, except that such evaluation may be waived by the court. The court may waive such evaluation if
the court finds that the juvenile offender has successfully completed successfully an alcohol
and drug evaluation, approved by the community-based alcohol and drug safety action pro-
gram, within 12 months of the offender's arrest on this offense before sentencing. If such
evaluation occurred more than 12 months after the offender's arrest on this offense before sentencing, the court shall order the juvenile offender to resubmit to and complete such
evaluation and program as provided herein. If the court finds that the juvenile offender and
those legally liable for the offender's support are indigent, the fee may be waived. In no
event shall the fee be assessed against the commissioner or the juvenile justice authority.
The court may require the parent or guardian of the juvenile offender to attend such pro-
gram with the juvenile offender.
(g) The board of county commissioners of a county may provide by resolution that the
parents or guardians of any juvenile offender placed under a house arrest program pursuant
to subsection (a)(7) (a)(9) shall be required to pay to the county the cost of such house
arrest program. The board of county commissioners shall further prepare a sliding financial
scale based on the ability of the parents to pay for such a program.
(h) 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 respondent the court may order, and when custody is placed with the commissioner shall, order, one or both parents
to pay child support. The court shall determine, for each parent separately, whether the
parent is already is subject to an order to pay support for the respondent. If the parent currently is not presently ordered to pay support for the respondent 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. 38-16,117, and amendments 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. 38-16,119,
and amendments thereto. The parent shall also shall be informed that, after registration,
the income withholding order may be served on the parent's employer 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.
(i) Any order issued by the judge pursuant to this section shall be in effect immediately
upon entry into the judge's minutes court's journal.
(j) In addition to the requirements of K.S.A. 38-1671, and amendments thereto, on or after July 1, 1997, if a person is under 18 years of age and convicted of a felony or adjudicated
as a juvenile offender for an act which if done offense if committed by an adult would
constitute the commission of a felony, the court shall forward a signed copy of the journal
entry to the commissioner within 30 days of final disposition.
(k) The sentencing hearing shall be open to the public as provided in K.S.A. 38-1652,
and amendments thereto.
Sec. 10. On and after July 1, 1999, K.S.A. 1997 Supp. 38-1663, as amended by section
9 of this act, is hereby amended to read as follows: 38-1663. (a) When a respondent has
been adjudicated to be a juvenile offender, the judge may select from the following alter-
natives:
(1) Place the juvenile offender on probation for a fixed period, subject to the terms and
conditions the court deems appropriate based on the juvenile justice programs in the com- munity, including a requirement of making restitution as required by subsection (d).
(2) Place the juvenile offender in the custody of a parent or other suitable person,
subject to the terms and conditions the court orders based on the juvenile justice program in the community, including a requirement of making restitution as required by subsection
(d).
(3) Place the juvenile offender in the custody of a youth residential facility, subject to
the terms and conditions the court orders.
(4) Place the juvenile offender in the custody of the commissioner.
(5) Commit the juvenile offender to a sanctions house for a period no longer than seven
days. Following such period, the court shall review the placement. The court may continue
to recommit the juvenile offender to a sanctions house for a period no longer than seven
days followed by a court review. Commitment to a sanctions house shall not exceed 28
consecutive days. An offender over 18 years of age or less than 23 years of age at sentencing
may be committed to a county jail, in lieu of a sanctions house, under the same time
restrictions imposed by this paragraph. No offender may be committed under this paragraph
unless such offender has violated the terms of probation.
(6) Commit the juvenile offender to a community based program available in such
judicial district subject to the terms and conditions the court orders.
(7) Impose any appropriate combination of paragraphs (1) through (6) of this subsection
and make other orders directed to the juvenile offender as the court deems appropriate.
(8) Commit the juvenile offender to a juvenile correctional facility if the juvenile of- fender:
(A) Previously has been adjudicated as a juvenile offender under this code or under the Kansas juvenile offender code as it existed prior to July 1, 1997, for an offense which, if committed by an adult, would constitute a felony, a class A misdemeanor, a class B person or nonperson select misdemeanor or a class C person misdemeanor; or
(B) has been adjudicated a juvenile offender as a result of having committed an offense which, if committed by a person 18 years of age or over, would constitute a class A, B or C felony as defined by the Kansas criminal code or, if done on or after July 1, 1993, would constitute an off-grid crime or a nondrug crime ranked in severity level 1 through 5 or a drug crime ranked in severity level 1 through 3 as provided by the placement matrix estab- lished in K.S.A. 1997 Supp. 38-16,129, and amendments thereto.
(9) Place the juvenile offender under a house arrest program administered by the court
pursuant to K.S.A. 21-4603b, and amendments thereto.
(b) (1) In addition to any other order authorized by this section, the court may order
the: (A) Juvenile offender and the parents of the juvenile offender to:
(i) Attend counseling sessions as the court directs; or
(ii) participate in mediation as the court directs. Participants in such mediation may
include, but shall not be limited to, the victim, the juvenile offender and the juvenile of-
fender's parents. Mediation shall not be mandatory for the victim;
(B) parents of the juvenile offender to participate in parenting classes; or
(C) juvenile offender to participate in a program of education offered by a local board
of education including placement in an alternative educational program approved by a local
board of education.
(2) Upon entering an order requiring a juvenile offender's parent to attend counseling
sessions or mediation, the court shall give the parent notice of the order. The notice shall
inform the parent of the parent's right to request a hearing within 10 days after entry of the
order and the parent's right to employ an attorney to represent the parent at the hearing
or, if the parent is financially unable to employ an attorney, the parent's right to request the
court to appoint an attorney to represent the parent. If the parent does not request a hearing
within 10 days after entry of the order, the order shall take effect at that time. If the parent
requests a hearing, the court shall set the matter for hearing and, if requested, shall appoint
an attorney to represent the parent. The expense and fees of the appointed attorney may
be allowed and assessed as provided by K.S.A. 38-1606, and amendments thereto.
(3) The costs of any counseling or mediation may be assessed as expenses in the case.
No mental health center shall charge a fee for court-ordered counseling greater than what
the center would have charged the person receiving the counseling if the person had re-
quested counseling on the person's own initiative. No mediator shall charge a fee for court-
ordered mediation greater than what the mediator would have charged the person partici-
pating in the mediation if the person had requested mediation on the person's own initiative.
(c) (1) If a respondent has been adjudged to be a juvenile offender, the court, in ad-
dition to any other order authorized by this section, may suspend the juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and highways of this
state. The duration of the suspension ordered by the court shall be for a definite time period
to be determined by the court. Upon suspension of a license pursuant to this subsection,
the court shall require the juvenile offender to surrender the license to the court. The court
shall transmit the license to the division of motor vehicles of the department of revenue, to
be retained until the period of suspension expires. At that time, the licensee may apply to
the division for return of the license. If the license has expired, the juvenile offender may
apply for a new license, which shall be issued promptly upon payment of the proper fee and
satisfaction of other conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender's privilege to operate a motor vehicle is in
effect. As used in this subsection, ``highway'' and ``street'' have the meanings provided by
K.S.A. 8-1424 and 8-1473, and amendments thereto. Any respondent who is adjudicated to
be a juvenile offender who does not have a driver's license may have such juvenile offender's
driving privileges revoked. No Kansas driver's license shall be issued to a juvenile offender
whose driving privileges have been revoked pursuant to this section for a definite time period
to be determined by the court.
(2) In lieu of suspending the driver's license or privilege to operate a motor vehicle on
the highways of this state of any respondent adjudicated to be a juvenile offender, as pro-
vided in subsection (c)(1), the court in which such juvenile offender was adjudicated to be
a juvenile offender may enter an order which places conditions on such juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this state, a certified
copy of which such juvenile offender shall be required to carry any time such juvenile
offender is operating a motor vehicle on the streets and highways of this state. Any such
order shall prescribe the duration of the conditions imposed and shall specify that such
duration shall be for a definite time period to be determined by the court. Upon entering
an order restricting a juvenile offender's license hereunder, the court shall require such
juvenile offender to surrender such juvenile offender's driver's license to the court. The
court shall transmit the license to the division of vehicles, together with a copy of the order.
Upon receipt thereof, the division of vehicles shall issue without charge a driver's license
which shall indicate on its face that conditions have been imposed on such juvenile offender's
privilege of operating a motor vehicle and that a certified copy of the order imposing such
conditions is required to be carried by the juvenile offender for whom the license was issued
any time such juvenile offender is operating a motor vehicle on the streets and highways of
this state. If the juvenile offender convicted is a nonresident, the court shall cause a copy
of the order to be transmitted to the division and the division shall forward a copy of it to
the motor vehicle administrator of such juvenile offender's state of residence. Such court
shall furnish to any juvenile offender whose driver's license has had conditions imposed on
it under this section a copy of the order, which shall be recognized as a valid Kansas driver's
license until such time as the division shall issue the restricted license provided for in this
subsection. Upon expiration of the period of time for which conditions are imposed pursuant
to this subsection, the licensee may apply to the division for the return of the license pre-
viously surrendered by such licensee. In the event such license has expired, such juvenile
offender may apply to the division for a new license, which shall be issued immediately by
the division upon payment of the proper fee and satisfaction of the other conditions estab-
lished by law, unless such juvenile offender's privilege to operate a motor vehicle on the
streets and highways of this state has been suspended or revoked prior thereto. If any
juvenile offender shall violate any of the conditions imposed under this subsection, such
juvenile offender's driver's license or privilege to operate a motor vehicle on the streets and
highways of this state shall be revoked for a period as determined by the court in which
such juvenile offender is convicted of violating such conditions.
(d) Whenever a juvenile offender is placed pursuant to subsection (a)(1) or (2), the
court, unless it finds compelling circumstances which would render a plan of restitution
unworkable, shall order the juvenile offender to make restitution to persons who sustained
loss by reason of the offense. The restitution shall be made either by payment of an amount
fixed by the court or by working for the persons in order to compensate for the loss. If the
court finds compelling circumstances which would render a plan of restitution unworkable,
the court may order the juvenile offender to perform charitable or social service for organ-
izations performing services for the community.
Nothing in this subsection shall be construed to limit a court's authority to order a juvenile
offender to make restitution or perform charitable or social service under circumstances
other than those specified by this subsection or when placement is made pursuant to sub-
section (a)(3) or (4).
(e) In addition to or in lieu of any other order authorized by this section, the court may
order a juvenile offender to pay a fine not exceeding $250 for each offense. In determining
whether to impose a fine and the amount to be imposed, the court shall consider the
following:
(1) Imposition of a fine is most appropriate in cases where the juvenile offender has
derived pecuniary gain from the offense.
(2) The amount of the fine should be related directly to the seriousness of the juvenile
offender's offense and the juvenile offender's ability to pay.
(3) Payment of a fine may be required in a lump sum or installments.
(4) Imposition of a restitution order is preferable to imposition of a fine.
(5) The juvenile offender's duty of payment should be limited in duration and in no
event should the time necessary for payment exceed the maximum term which would be
authorized if the offense had been committed by an adult.
(f) In addition to or in lieu of any other order authorized by this section, if a juvenile is
adjudicated to be a juvenile offender by reason of a violation of K.S.A. 41-719, 41-727,
65-4101 through 65-4164 or K.S.A. 1997 Supp. 8-1599, and amendments thereto, the court
shall order the juvenile offender to submit to and complete an alcohol and drug evaluation
by a community-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. The court may waive such evaluation if the court finds that the
juvenile offender has completed successfully an alcohol and drug evaluation, approved by
the community-based alcohol and drug safety action program, within 12 months before
sentencing. If such evaluation occurred more than 12 months before sentencing, the court
shall order the juvenile offender to resubmit to and complete such evaluation and program
as provided herein. If the court finds that the juvenile offender and those legally liable for
the offender's support are indigent, the fee may be waived. In no event shall the fee be
assessed against the commissioner or the juvenile justice authority. The court may require
the parent or guardian of the juvenile offender to attend such program with the juvenile
offender.
(g) The board of county commissioners of a county may provide by resolution that the
parents or guardians of any juvenile offender placed under a house arrest program pursuant
to subsection (a)(9) shall be required to pay to the county the cost of such house arrest
program. The board of county commissioners shall prepare a sliding financial scale based
on the ability of the parents to pay for such a program.
(h) 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 respondent the court may
order, and when custody is placed with the commissioner shall order, one or both parents
to pay child support. The court shall determine, for each parent separately, whether the
parent already is subject to an order to pay support for the respondent. If the parent cur-
rently is not ordered to pay support for the respondent and the court has personal jurisdic-
tion over the parent, the court shall order the parent to pay child support in an amount
determined under K.S.A. 38-16,117, and amendments 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 or-
dered to pay child support under this subsection shall be notified, at the hearing or other-
wise, that the child support order may be registered pursuant to K.S.A. 38-16,119, and
amendments thereto. The parent also shall be informed that, after registration, the income
withholding order may be served on the parent's employer 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.
(i) Any order issued by the judge pursuant to this section shall be in effect immediately
upon entry into the court's journal.
(j) In addition to the requirements of K.S.A. 38-1671, and amendments thereto, if a
person is under 18 years of age and convicted of a felony or adjudicated as a juvenile offender
for an offense if committed by an adult would constitute the commission of a felony, the
court shall forward a signed copy of the journal entry to the commissioner within 30 days
of final disposition.
(k) The sentencing hearing shall be open to the public as provided in K.S.A. 38-1652,
and amendments thereto.
Sec. 11. K.S.A. 1997 Supp. 38-16,129 is hereby amended to read as follows: 38-16,129.
On and after July 1, 1999: (a) For the purpose of sentencing juvenile offenders, the following
placements may be applied by the judge in felony or misdemeanor cases for offenses com-
mitted on or after July 1, 1999. If used, the court shall establish a specific term of commit-
ment.
(1) Violent Offenders. (A) The violent offender I is defined as an offender adjudicated
as a juvenile offender if the offense for an offense which, if committed by an adult, would be constitute an off-grid felony. Offenders in this category may be committed to a juvenile
correctional facility for a minimum term of 60 months and up to a maximum term of the
offender reaching the age of 22 years, six months. The aftercare term for this offender is
set at a minimum term of six months and up to a maximum term of the offender reaching
the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as a juvenile offender if the offense for an offense which, if committed by an adult, would be constitute a nondrug
level 1, 2 or 3 person felony. Offenders in this category may be committed to a juvenile
correctional facility for a minimum term of 24 months and up to a maximum term of the
offender reaching the age 22 years, six months. The aftercare term for this offender is set
at a minimum term of six months and up to a maximum term of the offender reaching the
of age 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as an offender adjudicated
as a juvenile offender if the offense for an offense which, if committed by an adult, would be constitute a nondrug severity level 4, 5 or 6 person felony or a severity level 1 or 2 drug
felony. Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of 18 months and up to a maximum term of 36 months. The aftercare term
for this offender is set at a minimum term of six months and up to a maximum term of 24
months.
(B) The serious offender II is defined as an offender adjudicated as a juvenile offender if the offense for an offense which, if committed by an adult, would be constitute a nondrug
severity level 7, 8, 9 or 10 person felony with one prior felony adjudication. Offenders in
this category may be committed to a juvenile correctional facility for a minimum term of
nine months and up to a maximum term of 18 months. The aftercare term for this offender
is set at a minimum term of six months and up to a maximum term of 24 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felon is defined as an of-
fender adjudicated as a juvenile offender if the offense for an offense which, if committed
by an adult, would be a constitute:
(i) One present nonperson felony adjudication and two prior felony adjudications; or
(ii) one present severity level 3 drug felony adjudication and two prior felony adjudi-
cations.
Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of six months and up to a maximum term of 18 months. The aftercare term
for this offender is set at a minimum term of six months and up to a maximum term of 12
months.
(B) The chronic offender II, escalating felon is defined as an offender adjudicated as a
juvenile offender if the offense for an offense which, if committed by an adult, would be a constitute:
(i) One present felony adjudication and two prior misdemeanor adjudications;
(ii) one present felony adjudication and two prior severity level 4 drug adjudications;
(iii) one present severity level 3 drug felony adjudication and two prior misdemeanor
adjudications; or
(iv) one present severity level 3 drug felony adjudication and two prior severity level 4
drug adjudications.
Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of six months and up to a maximum term of 18 months. The aftercare term
for this offender is set at a minimum term of six months and up to a maximum term of 12
months.
(C) The chronic offender III, escalating misdemeanant is defined as an offender adju-
dicated as a juvenile offender if the offense for an offense which, if committed by an adult,
would be a constitute:
(i) One present misdemeanor adjudication and two prior misdemeanor adjudications
and two out-of-home placement failures;
(ii) one present misdemeanor adjudication and two prior severity level 4 drug felony
adjudications and two out-of-home placement failures;
(iii) one present severity level 4 drug felony adjudication and two prior misdemeanor
adjudications and two out-of-home placement failures; or
(iv) one present severity level 4 drug felony adjudication and two prior severity level 4
felony adjudications and two out-of-home placement failures.
Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of three months and up to a maximum term of six months. The aftercare
term for this offender is set at a minimum term of three months and up to a maximum term
of six months.
(4) Conditional Release Violators. Conditional release violators may be committed to a juvenile correctional facility, youth residential facility, juvenile detention facility, institution, a sanctions house or to other appropriate community placement for a minimum term of
three months and up to a maximum term of six months. The aftercare term for this offender
is set at a minimum term of two months and up to a maximum term of six months, or the
maximum term of the original aftercare term, whichever is longer.
(b) As used in this section: (1) ``Placement failure'' means a juvenile offender has been
placed out-of-home on probation in a community placement accredited by the commissioner
in a juvenile offender case and the offender has violated significantly violated the terms of
probation in that case.
(2) ``Adjudication'' includes out-of-state juvenile adjudications. An out-of-state offense
which if done committed by an adult would constitute the commission of a felony or mis-
demeanor shall be classified as either a felony or a misdemeanor according to the adjudi-
cating jurisdiction. If an offense which if done committed by an adult would constitute the
commission of a felony is a felony in another state, it will be counted as deemed a felony in
Kansas. The state of Kansas shall classify the offense, which if done committed by an adult
would constitute the commission of a felony or misdemeanor, as person or nonperson. In
designating such offense as person or nonperson, reference to comparable offenses shall be referred to made. If the state of Kansas does not have a comparable offense, the out-of-
state adjudication shall be classified as a nonperson offense.
(c) All appropriate community placement options shall have been exhausted before such juvenile offender a chronic offender III, escalating misdemeanant shall be placed in a ju-
venile correctional facility. A court finding shall be made acknowledging that appropriate
community placement options have been pursued and no such option is appropriate.
(d) The commissioner shall work with the community to provide on-going support and
incentives for the development of additional community placements to ensure that the
chronic offender III, escalating misdemeanant sentencing category is not frequently utilized.
Sec. 12. K.S.A. 1997 Supp. 38-1691 is hereby amended to read as follows: 38-1691. (a)
On and after January 1, 1993, no juvenile shall be detained or placed in any jail pursuant
to the Kansas juvenile justice code except as provided by subsections (b) and (c).
(b) Upon being taken into custody, an alleged juvenile offender may be temporarily
detained temporarily in a jail, in quarters with sight and sound separation from adult pris-
oners, for the purpose of identifying and processing the juvenile and transferring the juvenile
to a youth residential facility or juvenile detention facility. If a juvenile is detained in jail
under this subsection, the juvenile shall be so detained only for the minimum time necessary,
not to exceed six hours, and in no case overnight.
(c) The provisions of this section do shall not apply to detention of a juvenile with regard to:
(1) (A) Against whom a motion has been filed requesting prosecution as an adult pur-
suant to K.S.A. 38-1636, and amendments thereto; and (B) who has received the benefit of a detention hearing pursuant to K.S.A. 38-1640, and amendments thereto;
(2) whose prosecution as an adult or classification as an extended jurisdiction juvenile has been authorized pursuant to K.S.A. 38-1636, and amendments thereto; or
(3) who has been convicted previously as an adult under the code of criminal procedure or the criminal laws of another state or foreign jurisdiction.
(d) This section shall be part of and supplemental to the Kansas juvenile justice code.
Sec. 13. K.S.A. 1997 Supp. 38-16,111 is hereby amended to read as follows: 38-16,111. (a) When a juvenile who is under 16 years of age at the time of the sentencing, has been
prosecuted and convicted as an adult or under the extended jurisdiction juvenile prosecution,
and has been placed in the custody of the secretary of the department of corrections, the
secretary shall notify the sheriff having such juvenile in custody to convey such offender at
a time designated by the juvenile justice authority to a juvenile correctional facility. The
commissioner shall notify the court in writing of the initial placement of the juvenile in the
specific juvenile correctional facility as soon as the placement has been accomplished. The
commissioner shall not permit the juvenile to remain detained in any jail for more than 72
hours, excluding Saturdays, Sundays and legal holidays, after the commissioner has received
the written order of the court placing the juvenile in the custody of the commissioner, except that, if that . If such placement cannot be accomplished, the juvenile may remain in jail for
an additional period of time, not exceeding 10 days, which is specified by the commissioner
and approved by the court.
(b) A juvenile offender who has been prosecuted and convicted as an adult, shall not be eligible for admission to a juvenile correctional facility. All other conditions of such juvenile offender's sentence imposed under this code, including restitution orders, may remain intact. The provisions of this subsection shall not apply to a juvenile offender who: (1) Is under 16 years of age at the time of the sentencing; (2) has been prosecuted as an adult or under extended juvenile jurisdiction; and (3) has been placed in the custody of the secretary of corrections, requiring admission to a juvenile correctional facility pursuant to subsection (a).
Sec. 14. K.S.A. 1997 Supp. 65-6001 is hereby amended to read as follows: 65-6001. As
used in K.S.A. 65-6001 to 65-6007, inclusive, and K.S.A. 1997 Supp. 65-6008, 65-6009 and
65-6010, and amendments thereto, unless the context clearly requires otherwise:
(a) ``AIDS'' means the disease acquired immune deficiency syndrome.
(b) ``HIV'' means the human immunodeficiency virus.
(c) ``Positive reaction to an AIDS test'' means a positive screening test, approved by the
secretary, indicating infection by HIV, with a positive specific test as specified by the sec-
retary comprising confirmed analytical results which are evidence of HIV infection.
(d) ``Secretary'' means the secretary of health and environment.
(e) ``Physician'' means any person licensed to practice medicine and surgery.
(f) ``Laboratory director'' means the person responsible for the professional, adminis-
trative, organizational and educational duties of a laboratory.
(g) ``HIV infection'' means the presence of HIV in the body.
(h) ``Racial/ethnic group'' shall be designated as either white, black, Hispanic, Asian/
Pacific islander or American Indian/Alaskan Native.
(i) ``Corrections officer'' means an employee of the department of corrections as defined
in subsections (f) and (g) of K.S.A. 75-5202, and amendments thereto.
(j) ``Emergency services employee'' means an attendant or first responder as defined
under K.S.A. 65-6112, and amendments thereto, or a firefighter.
(k) ``Law enforcement employee'' means:
(1) Any police officer or law enforcement officer as defined under K.S.A. 74-5602, and
amendments thereto;
(2) any person in the service of a city police department or county sheriff's office who
performs law enforcement duties without pay and is considered a reserve officer;
(3) any person employed by a city or county who is in charge of a jail or section of jail,
including jail guards and those who conduct searches of persons taken into custody; or
(4) any person employed by a city, county or the state of Kansas who works as a scientist
or technician in a forensic laboratory.
(l) ``Employing agency or entity'' means the agency or entity employing a corrections
officer, emergency services employee, law enforcement employee or jailer.
(m) ``Infectious disease'' means AIDS.
(n) ``Infectious disease tests'' means tests approved by the secretary for detection of
infectious diseases.
(o) ``Juvenile correctional facility staff'' means an employee of the juvenile justice au- thority working in a juvenile correctional facility as defined in K.S.A. 38-1602, and amend- ments thereto.
Sec. 15. K.S.A. 1997 Supp. 65-6008 is hereby amended to read as follows: 65-6008. (a)
If a corrections officer, emergency services employee or, law enforcement employee or juvenile correctional facility staff comes in contact with or is otherwise is exposed to trans-
mission of body fluids from one or more other persons while performing duties within the
scope of such employee's duties as an employee, the head of the employing agency or entity
may make application to a court of competent jurisdiction for an order requiring such other
person or persons to submit to infectious disease tests.
(b) Such application shall include an allegation that the person or persons sought to be
tested have been requested to voluntarily submit voluntarily to infectious disease tests and
have refused the tests. When any such application is received, the court shall hold a hearing
forthwith and shall issue its order thereon immediately if the court finds that: (1) There is
probable cause to believe that the employee involved has come in contact with or otherwise has been exposed to transmission of the body fluids of the person or persons sought to be
tested; and (2) the person or persons sought to be tested have been requested to submit to
the tests and have refused, unless the court makes a further finding that exigent circum-
stances exist which would, in the court's judgment, would excuse the applicant from making
such a request.
(c) If an infectious disease test ordered pursuant to this section results in a negative
reaction, the court shall order the person tested to submit to another infectious disease test
six months from the date the first test was administered.
(d) The results of any infectious disease test ordered pursuant to this section shall be
disclosed to the court which ordered the test, the employee and the person tested. If an
infectious disease test ordered pursuant to this section results in a positive reaction, the
results shall be reported to the employee.
Sec. 16. K.S.A. 75-2935 is hereby amended to read as follows: 75-2935. The civil service
of the state of Kansas is hereby divided into the unclassified and the classified services.
(1) The unclassified service comprises positions held by state officers or employees who
are:
(a) Chosen by election or appointment to fill an elective office;
(b) members of boards and commissions, heads of departments required by law to be
appointed by the governor or by other elective officers, and the executive or administrative
heads of offices, departments, divisions and institutions specifically established by law;
(c) except as otherwise provided under this section, one personal secretary to each
elective officer of this state, and in addition thereto, 10 deputies, clerks or employees des-
ignated by such elective officer;
(d) all employees in the office of the governor;
(e) officers and employees of the senate and house of representatives of the legislature
and of the legislative coordinating council and all officers and employees of the office of
revisor of statutes, of the legislative research department, of the division of legislative ad-
ministrative services, of the division of post audit and the legislative counsel;
(f) chancellor, president, deans, administrative officers, student health service physi-
cians, pharmacists, teaching and research personnel, health care employees and student
employees in the institutions under the state board of regents, the executive officer of the
board of regents and the executive officer's employees other than clerical employees, and,
at the discretion of the state board of regents, directors or administrative officers of de-
partments and divisions of the institution and county extension agents, except that this
subsection (1)(f) shall not be construed to include the custodial, clerical or maintenance
employees, or any employees performing duties in connection with the business operations
of any such institution, except administrative officers and directors; as used in this subsection
(1)(f), ``health care employees'' means employees of the university of Kansas medical center
who provide health care services at the university of Kansas medical center and who are
medical technicians or technologists or respiratory therapists, who are licensed professional
nurses or licensed practical nurses, or who are in job classes which are designated for this
purpose by the chancellor of the university of Kansas upon a finding by the chancellor that
such designation is required for the university of Kansas medical center to recruit or retain
personnel for positions in the designated job classes; and employees of any institution under
the state board of regents who are medical technologists;
(g) operations, maintenance and security personnel employed to implement agreements
entered into by the adjutant general and the federal national guard bureau, and officers and
enlisted persons in the national guard and the naval militia;
(h) persons engaged in public work for the state but employed by contractors when the
performance of such contract is authorized by the legislature or other competent authority;
(i) persons temporarily employed or designated by the legislature or by a legislative
committee or commission or other competent authority to make or conduct a special inquiry,
investigation, examination or installation;
(j) officers and employees in the office of the attorney general and special counsel to
state departments appointed by the attorney general, except that officers and employees of
the division of the Kansas bureau of investigation shall be in the classified or unclassified
service as provided in K.S.A. 75-711, and amendments thereto;
(k) all employees of courts;
(l) client, patient and inmate help in any state facility or institution;
(m) all attorneys for boards, commissions and departments;
(n) the secretary and assistant secretary of the Kansas state historical society;
(o) physician specialists, dentists, dental hygienists, pharmacists, medical technologists
and long term care workers employed by the department of social and rehabilitation services;
(p) physician specialists, dentists and medical technologists employed by any board,
commission or department or by any institution under the jurisdiction thereof;
(q) student employees enrolled in public institutions of higher learning;
(r) administrative officers, directors and teaching personnel of the state board of edu-
cation and the state department of education and of any institution under the supervision
and control of the state board of education, except that this subsection (1)(r) shall not be
construed to include the custodial, clerical or maintenance employees, or any employees
performing duties in connection with the business operations of any such institution, except
administrative officers and directors;
(s) all officers and employees in the office of the secretary of state;
(t) one personal secretary and one special assistant to the following: The secretary of
administration, the secretary of aging, the secretary of agriculture, the secretary of com-
merce and housing, the secretary of corrections, the secretary of health and environment,
the superintendent of the Kansas highway patrol, the secretary of human resources, the
secretary of revenue, the secretary of social and rehabilitation services, the secretary of
transportation and, the secretary of wildlife and parks and the commissioner of juvenile justice;
(u) one personal secretary and one special assistant to the chancellor and presidents of
institutions under the state board of regents;
(v) one personal secretary and one special assistant to the executive vice chancellor of
the university of Kansas medical center;
(w) one public information officer and one chief attorney for the following: The de-
partment of administration, the department on aging, the department of agriculture, the
department of commerce and housing, the department of corrections, the department of
health and environment, the department of human resources, the department of revenue,
the department of social and rehabilitation services, the department of transportation and,
the Kansas department of wildlife and parks and the commissioner of juvenile justice;
(x) civil service examination monitors;
(y) one executive director, one general counsel and one director of public affairs and
consumer protection in the office of the state corporation commission;
(z) specifically designated by law as being in the unclassified service; and
(aa) all officers and employees of Kansas, Inc. and the Kansas technology enterprise
corporation.
(2) The classified service comprises all positions now existing or hereafter created which
are not included in the unclassified service. Appointments in the classified service shall be
made according to merit and fitness from eligible pools which so far as practicable shall be
competitive. No person shall be appointed, promoted, reduced or discharged as an officer,
clerk, employee or laborer in the classified service in any manner or by any means other
than those prescribed in the Kansas civil service act and the rules adopted in accordance
therewith.
(3) For positions involving unskilled, or semiskilled duties, the secretary of administra-
tion, as provided by law, shall establish rules and regulations concerning certifications, ap-
pointments, layoffs and reemployment which may be different from the rules and regulations
established concerning these processes for other positions in the classified service.
(4) Officers authorized by law to make appointments to positions in the unclassified
service, and appointing officers of departments or institutions whose employees are exempt
from the provisions of the Kansas civil service act because of the constitutional status of
such departments or institutions shall be permitted to make appointments from appropriate
pools of eligibles maintained by the division of personnel services.
Sec. 17. K.S.A. 75-4362 is hereby amended to read as follows: 75-4362. (a) The director
of the division of personnel services of the department of administration shall have the
authority to establish and implement a drug screening program for persons taking office as
governor, lieutenant governor or attorney general and for applicants for safety sensitive
positions in state government, but no applicant for such a position shall be required to
submit to a test as a part of such program unless the applicant is first given a conditional
offer of employment. The director also shall have the authority to establish and implement
a drug screening program for persons currently holding the office of governor, lieutenant
governor or attorney general or safety sensitive positions in state government, based upon
reasonable suspicion of illegal drug use by any such person.
(b) Any public announcement or advertisement soliciting applications for employment
in a safety sensitive position in state government shall include a statement of the require-
ments of the drug screening program established under this section for applicants for and
employees holding such position.
(c) No person shall be terminated solely due to positive results of a test administered
as a part of a program authorized by this section if: (1) The employee has not previously
had a valid positive test result; and (2) the employee undergoes a drug evaluation and
successfully completes any education or treatment program recommended as a result of the
evaluation. Nothing herein shall be construed as prohibiting demotions, suspensions or ter-
minations pursuant to K.S.A. 75-2949e or 75-2949f, and amendments thereto.
(d) Except in hearings before the state civil service board regarding disciplinary action taken against the employee, the results of any test administered as a part of a program
authorized by this section shall be confidential and shall not be disclosed publicly.
(e) The secretary of administration may adopt such rules and regulations as necessary
to carry out the provisions of this section.
(f) ``Safety sensitive positions'' means state law enforcement officers who are authorized
to carry firearms, state corrections officers, juvenile correctional facility staff, heads of state
agencies who are appointed by the governor and employees on the governor's staff.
(g) All persons employed within a correctional institution, as defined in K.S.A. 21-3826, and amendments thereto, or a juvenile correctional facility, as defined in K.S.A. 38-1602, and amendments thereto, may be subject to drug screening based upon reasonable suspicion of illegal drug use.
Sec. 18. K.S.A. 75-7024 is hereby amended to read as follows: 75-7024. On and after
July 1, 1997, in addition to other powers and duties provided by law, in administering the
provisions of the juvenile justice code, the commissioner of juvenile justice shall:
(a) Establish the following divisions which include the following functions in the juvenile
justice authority:
(1) Operations. The commissioner shall operate the juvenile intake and assessment sys-
tem as it relates to the juvenile offender; provide technical assistance and help facilitate
community collaboration; license juvenile correctional facilities, programs and providers;
assist in coordinating a statewide system of community based service providers; establish
pilot projects for community based service providers; and operate the juvenile correctional
facilities.
(2) Research and prevention. The commissioner shall generate, analyze and utilize data
to review existing programs and identify effective prevention programs; to develop new
program initiatives and restructure existing programs; and to assist communities in risk
assessment and effective resource utilization.
(3) Contracts. The commissioner shall secure the services of direct providers by con-
tracting with such providers, which may include nonprofit, private or public agencies, to
provide functions and services needed to operate the juvenile justice authority. The com-
missioner shall contract with local service providers, when available, to provide 24-hour-a- day twenty-four-hour-a-day intake and assessment services. Nothing provided for herein
shall prohibit local municipalities, through interlocal agreements, from corroborating with
and participating in the intake and assessment services established in K.S.A. 75-7023, and
amendments thereto. All contracts entered into by the commissioner to secure the services
of direct providers shall contain a clause allowing the inspector general unlimited access to
such facility, records or personnel pursuant to subsection (a)(4)(B).
(4) Performance audit. (A) The commissioner shall randomly shall audit contracts to
determine that service providers are performing as required pursuant to the contract.
(B) Within the division of performance audit conducting performance audits, the com-
missioner shall designate a staff person to serve in the capacity of inspector general. Such
inspector general, or such inspector general's designee, shall have the authority to: (i) En-
force compliance with all contracts; (ii) perform audits as necessary to ensure compliance
with the contracts. The inspector general shall have unlimited access to any and all facilities,
records or personnel of any provider that has contracted with the commissioner to determine
that such provider is in compliance with the contracts; and (iii) establish a statewide juvenile
justice hotline to respond to any complaints or concerns that have been received concerning
juvenile justice.
(b) Adopt rules and regulations necessary for the administration of this act.
(c) Administer all state and federal funds appropriated to the juvenile justice authority
and may coordinate with any other agency within the executive branch expending funds
appropriated for juvenile justice.
(d) Administer the development and implementation of a juvenile justice information
system.
(e) Administer the transition to and implementation of juvenile justice system reforms.
(f) Coordinate with the judicial branch of state government any duties and functions
which effect the juvenile justice authority.
(g) Serve as a resource to the legislature and other state policymakers.
(h) Make and enter into all contracts and agreements and do all other acts and things
necessary or incidental to the performance of functions and duties and the execution of
powers under this act. The commissioner may enter into memorandums of agreement or
contractual relationships with state agencies, other governmental entities or private provid-
ers as necessary to carry out the commissioner's responsibilities pursuant to the Kansas
juvenile justice code.
(i) Accept custody of juvenile offenders so placed by the court.
(j) Assign juvenile offenders placed in the commissioner's custody to juvenile correc-
tional facilities based on information collected by the reception and diagnostic evaluation,
intake and assessment report, pursuant to K.S.A. 75-7023, and amendments thereto, and
the predispositional investigation report, pursuant to K.S.A. 38-1661, and amendments
thereto.
(k) Establish and utilize a reception and diagnostic evaluation for all juvenile offenders
to be evaluated prior to placement in a juvenile correctional facility.
(l) Assist the judicial districts in establishing community based placement options, ju-
venile community correctional services and aftercare transition services for juvenile offend-
ers.
(m) Review, evaluate and restructure the programmatic mission and goals of the juvenile
correctional facilities to accommodate greater specialization for each facility.
(n) Adopt rules and regulations as are necessary to encourage the sharing of information
between individuals and agencies who are involved with the juvenile.
(o) Provide staff support to the Kansas youth authority.
(p) Designate in each judicial district an entity which shall be responsible for juvenile
justice field services not provided by court services officers in the judicial district. The
commissioner shall contract with such entity and provide grants to fund such field services.
(q) Monitor placement trends and minority confinement.
(r) On or before December 1, 1997, with the approval of the Kansas youth authority,
Develop and submit to the joint committee on corrections and juvenile justice oversight a
recommendation to provide for the financial viability of the Kansas juvenile justice system.
Such recommendation shall include a formula for the allocation of state funds to community
programs and a rationale in support of the recommendation. Additionally, the commissioner
shall submit a recommendation, approved by the Kansas youth authority, detailing capital
projects and expenditures projected during the five-year period beginning July 1, 1997,
including a rationale in support of such recommendation. In developing such recommen-
dations, the commissioner shall avoid pursuing construction or expansion of state institu-
tional capacity when appropriate alternatives to such placements are justified. The com-
missioner's recommendations shall identify a revenue source sufficient to appropriately fund
expenditures anticipated to be incurred subsequent to expansion of community-based ca-
pacity and necessary to finance recommended capital projects.
(s) Report monthly to the joint committee on corrections and juvenile justice oversight.
The commissioner shall review with the committee any contracts or memorandums of agree-
ment with other state agencies prior to the termination of such agreements or contracts.
(t) Have the authority to designate all or a portion of a facility for juveniles under the
commissioner's jurisdiction as a:
(1) Nonsecure detention facility;
(2) facility for the educational or vocational training and related services;
(3) facility for temporary placement pending other arrangements more appropriate for
the juvenile's needs; and
(4) facility for the provision of care and other services and not for the detention of
juveniles.
The commissioner may appoint a deputy commissioner to head each division in the ju- venile justice authority and such deputy shall serve at the pleasure of the commissioner. Any such deputy commissioner shall be in the unclassified service under the Kansas civil service act.
Sec. 19. K.S.A. 38-1531, 38-1532, 38-1533, 75-2935, 75-4362 and 75-7024 and K.S.A.
1997 Supp. 38-1602, 38-1604, 38-1636, 38-1663, 38-1691, 38-16,111, 38-16,129, 65-6001
and 65-6008 are hereby repealed.
Sec. 20. On and after July 1, 1999, K.S.A. 1997 Supp. 38-1663, as amended by section
9 of this act and K.S.A. 1996 Supp. 38-1663, as amended by section 64 of chapter 156 of
the 1997 Session Laws of Kansas are hereby repealed.'';
By renumbering sections accordingly;
In the title, by striking all in lines 10 through 14 and inserting:
``AN ACT concerning children and minors; amending K.S.A. 38-1531, 38-1532, 38-1533,
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 9 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 bill
be passed as amended.
March 25, 1998
HB 2676 be amended by motion of Senator Salisbury on page 1, in line 13, before
``Section'', by inserting ``New'';
On page 2, after line 33, by inserting additional sections as follows: ``Sec. 2. K.S.A.
75-1230 is hereby amended to read as follows: 75-1230. (a) Approved tie downs shall be
placed on a mobile home as follows:
(1) On any mobile home not less than thirty-six (36) 36 feet in length and not more
than fifty (50) 50 feet in length, three (3) frame tie downs shall be placed on each side, or
three (3) over-the-top tie downs shall be used or any combination thereof approved by the
secretary;
(2) On any mobile home more than fifty (50) 50 feet in length and not more than seventy (70) 70 feet in length, four (4) frame tie downs shall be placed on each side, or four (4)
over-the-top tie downs shall be used or any combination thereof approved by the secretary;
(3) On any mobile home more than seventy (70) 70 feet in length, five (5) frame tie
downs shall be placed on each side, or five (5) over-the-top tie downs shall be used or any
combination thereof approved by the secretary;
(4) On any doublewide mobile home, not more than fifty (50) 50 feet in length, three (3) frame tie downs shall be placed on each side or three over-the-top tie downs shall be
used, or any combination thereof approved by the secretary; and on any such mobile home
more than fifty (50) 50 feet in length, four (4) frame tie downs shall be used on each side
or four (4) over-the-top tie downs shall be used or any combination thereof approved by
the secretary.
(b) Whenever over-the-top tie downs are required on any mobile home, one (1) tie
down shall be placed as close to each end of the mobile home as practicable, and the center
tie down, if any, shall be located as close to the center of the mobile home as possible. The
distance between all such adjacent tie downs shall be as nearly equal as practicable.
(c) Roof protectors shall be used with all over-the-top tie downs securing mobile homes
not equipped with such tie downs by the manufacturer. Roof protectors shall be made of
rust-resistant material and placed at stud and rafter locations on a mobile home.
(d) Over-the-top tie downs may be attached to the same ground anchor as frame tie
downs.
Sec. 3. K.S.A. 75-1231 is hereby amended to read as follows: 75-1231. (a) Foundations
for piers shall be installed directly under the main frame or chassis of the mobile home. All
grass and organic material shall be removed and the pier foundation placed on stable soil.
The piers shall not be farther apart than ten (10) 10 feet on centers, and the main frame,
front or face of the mobile home shall not extend farther than one (1) foot beyond the center
line of the end of the piers. Each pier foundation shall consist of two (2) concrete blocks,
and each such block shall be eight (8) inches wide, eight (8) inches high and sixteen (16) 16 inches long or shall be of such other material and design as approved by the secretary.
(b) Piers shall be constructed of either open cell or solid concrete blocks, each of which
shall be eight (8) inches wide, eight (8) inches high and sixteen (16) 16 inches long, with
open cells vertical or in combination with solid concrete blocks which are two (2) inches
thick, eight (8) inches high and sixteen (16) 16 inches long placed above the foundation
block. A wood plate which is at least one (1) inch in actual thickness, eight (8) inches wide
and sixteen (16) 16 inches long shall be placed on top of the pier, with weather proof wood
shims, when needed, fitted and driven tightly between the wood plate and the main frame.
Such shims shall not occupy more than one (1) inch of vertical space. Piers shall be installed
perpendicular to the I-beam. All piers over thirty (30) 30 inches in height, measured from
the top of the foundation block to the I-beam, shall be double tiered with blocks interlocked
and capped with a solid concrete block, which shall be four (4) inches high, sixteen (16) 16
inches wide and sixteen (16) 16 inches long, and cushioned with wood blocking as required.
Piers shall not exceed forty-eight (48) 48 inches in height, unless designed by a registered
professional engineer or architect. Piers also may be constructed of other material and de- signs approved by the secretary.
Sec. 4. K.S.A. 75-1230 and 75-1231 are hereby repealed.'';
By renumbering the remaining section;
In the title, in line 9, by striking all after the semicolon; in line 10, by striking all before
the period and inserting ``amending K.S.A. 75-1230 and 75-1231 and repealing the existing
sections'', and the bill be passed as amended.
HB 2584 be amended by adoption of the committee amendments, and further amended
by motion of Senator Becker on page 7, in line 17, before ``Labette'' by inserting ``Johnson,'';
in line 18, by striking ``and Overland Park''
The bill be further amended by motion of Senator Steineger on page 12, after line 4, by
inserting an additional section as follows:
``Sec. 5. K.S.A. 1997 Supp. 12-1771 is hereby amended to read as follows: 12-1771. (a)
No city shall exercise any of the powers conferred by K.S.A. 12-1770 et seq., and amend-
ments thereto, unless the governing body of such city has adopted a resolution finding that
the specific project area sought to be redeveloped is a blighted area, a conservation area, a
major tourism area as defined in K.S.A. 12-774 12-1774, and amendments thereto, or was
designated prior to July 1, 1992, as an enterprise zone pursuant to K.S.A. 12-17,110 prior
to its repeal, and the conservation, development or redevelopment of such area is necessary
to promote the general and economic welfare of such city. Enterprise zones designated
prior to July 1, 1992, may be enlarged by the city to an area not exceeding 25% of the city's
land area upon a finding by the secretary of the department of commerce and housing that
a redevelopment project proposed by the city which requires the enlargement is of statewide
importance and that it will meet the criteria specified in K.S.A. 12-1774 (a)(1)(D), and
amendments thereto. A unified government, established pursuant to K.S.A. 12-340 et seq., and amendments thereto, may enlarge an enterprise zone, established within its jurisdiction prior to July 1, 1992, to an area not exceeding 200% of the area of the original enterprise zone regardless of whether such enlargement crosses the boundary of a city within the jurisdiction of the unified government if the secretary of commerce and housing makes the same findings required for enlargement of an enterprise zone by a city. For the purpose of
this subsection, the term ``blighted area'' means an area which: (1) Because of the presence
of a majority of the following factors, substantially impairs or arrests the sound development
and growth of the municipality or constitutes an economic or social liability or is a menace
to the public health, safety, morals or welfare in its present condition and use: (A) A sub-
stantial number of deteriorated or deteriorating structures; (B) predominance of defective
or inadequate street layout; (C) unsanitary or unsafe conditions; (D) deterioration of site
improvements; (E) diversity of ownership; (F) tax or special assessment delinquency ex-
ceeding the fair value of the land; (G) defective or unusual conditions of title; (H) improper
subdivision or obsolete platting or land uses; (I) the existence of conditions which endanger
life or property by fire and other causes; or (J) conditions which create economic obsoles-
cence; or (2) has been identified by any state or federal environmental agency as being
environmentally contaminated to an extent that requires a remedial investigation, feasibility
study and remediation or other similar state or federal action; or (3) previously was found
by resolution of the governing body to be a slum or a blighted area under K.S.A. 17-4742 et seq., and amendments thereto.
For the purpose of this subsection, conservation area means any improved area within
the corporate limits of a city in which 50% or more of the structures in the area have an
age of 35 years or more, which area is not yet blighted, but may become a blighted area
due to the existence of a combination of two or more of the following factors: (i) Dilapi-
dation, obsolescence or deterioration of the structures; (ii) illegal use of individual structures;
(iii) the presence of structures below minimum code standards; (iv) building abandonment;
(v) excessive vacancies; (vi) overcrowding of structures and community facilities; or (vii)
inadequate utilities and infrastructure. Not more than 15% of the land area of a city may
be found to be a conservation area.
(b) The powers conferred upon cities under the provisions of K.S.A. 12-1770 et seq.,
and amendments thereto, shall be exercised by cities, as determined by resolution adopted
pursuant to K.S.A. 12-1772, and amendments thereto, (1) in enterprise zones designated
prior to July 1, 1992, including any area added to such enterprise zone after July 1, 1992,
pursuant to subsection (a), (2) in blighted areas of cities and counties described by subsection
(a)(2), (3) in conservation areas of cities, (4) in major tourism areas as defined in K.S.A. 12-
1774, and amendments thereto, or (5) in blighted areas of cities, as determined by resolution
adopted pursuant to K.S.A. 17-4742 et seq., and amendments thereto.
(c) Within that portion of the city described in subsection (b), the governing body of a
city may establish a district to be known as a ``redevelopment district''. Within that portion
of a city and county described in subsection (b) excluding paragraph (3) of subsection (b),
the governing body of the city, upon written consent of the board of county commissioners,
may establish a district inclusive of land outside the boundaries of the city to be known as
a redevelopment district. In all such cases, the board of county commissioners, prior to
providing written consent, shall be subject to the same procedure for public notice and
hearing as is required of a city pursuant to subsection (d) for the establishment of a rede-
velopment district. One or more redevelopment projects may be undertaken by a city within
a redevelopment district after such redevelopment district has been established in the man-
ner provided by subsection (d).
(d) Any city proposing to establish a redevelopment district shall adopt a resolution
stating that the city is considering the establishment of a redevelopment district. Such res-
olution shall:
(1) Give notice that a public hearing will be held to consider the establishment of a
redevelopment district and fix the date, hour and place of such public hearing;
(2) describe the proposed boundaries of the redevelopment district;
(3) describe a proposed comprehensive plan that identifies all of the proposed rede-
velopment project areas and that identifies in a general manner all of the buildings and
facilities that are proposed to be constructed or improved in each redevelopment project
area;
(4) state that a description and map of the proposed redevelopment district are available
for inspection at a time and place designated;
(5) state that the governing body will consider findings necessary for the establishment
of a redevelopment district.
Notice shall be given as provided in subsection (c) of K.S.A. 12-1772, and amendments
thereto.
(e) Upon the conclusion of the public hearing, the governing body may adopt a reso-
lution to make any findings required by subsection (a) and may establish the redevelopment
district by ordinance. Such resolution shall contain a comprehensive plan that identifies all
of the proposed redevelopment project areas and identifies in a general manner all of the
buildings and facilities that are proposed to be constructed or improved in each redevel-
opment project area. The boundaries of such district shall not include any area not desig-
nated in the notice required by subsection (d). Any addition of area to the redevelopment
district or any substantial change to the comprehensive plan shall be subject to the same
procedure for public notice and hearing as is required for the establishment of the district.
(f) No privately owned property subject to ad valorem taxes shall be acquired and re-
developed under the provisions of K.S.A. 12-1770 et seq., and amendments thereto, if the
board of county commissioners or the board of education levying taxes on such property
determines by resolution adopted within 30 days following the conclusion of the hearing for
the establishment of the redevelopment district required by subsection (d) that the proposed
redevelopment district will have an adverse effect on such county or school district.
(g) Any redevelopment plan undertaken within the redevelopment district may be in
separate development stages. Each plan shall be adopted according to the provisions of
K.S.A. 12-1772, and amendments thereto, and shall fix a date for completion. Except as
provided herein, any project shall be completed within 20 years from the date of the estab-
lishment of the redevelopment district. Projects relating to environmental investigation and
remediation under subsection (i) shall be completed within 20 years from the date a city
enters into a consent decree agreement with the Kansas department of health and environ-
ment or the United States environmental protection agency.
(h) Any increment in ad valorem property taxes resulting from a redevelopment district
undertaken in accordance with the provisions of this act, shall be apportioned to a special
fund for the payment of the cost of the redevelopment project, including the payment of
principal and interest on any special obligation bonds or full faith and credit tax increment
bonds issued to finance such project pursuant to this act and may be pledged to the payment
of principal and interest on such bonds. The maximum maturity on bonds issued to finance
projects pursuant to this act shall not exceed 20 years. For the purposes of this act, ``incre-
ment'' means that amount of ad valorem taxes collected from real property located within
the redevelopment district that is in excess of the amount which is produced from such
property and attributable to the assessed valuation of such property prior to the date the
redevelopment district was established, as determined under the provisions of K.S.A. 12-
1775, and amendments thereto.
(i) The governing body of a city, in contracts entered into with the Kansas department
of health and environment or the United States environmental protection agency, may
pledge increments receivable in future years to pay costs directly relating to the investigation
and remediation of environmentally contaminated areas. The provisions in such contracts
pertaining to pledging increments in future years shall not be subject to K.S.A. 10-1101 et seq. or 79-2925 et seq., and amendments thereto.
(j) Before any redevelopment project is undertaken, a comprehensive feasibility study,
which shows the benefits derived from such project will exceed the costs and that the income
therefrom will be sufficient to pay for the project shall be prepared. Such feasibility study
shall be an open public record.
And by renumbering sections accordingly;
Also on page 12, in line 7, by striking ``and'' and inserting a comma; also in line 7, after
the stricken word, by inserting ``and 12-1771'';
In the title, in line 11, by striking all before the semicolon and inserting ``taxation by local
units of government''; in line 14, by striking ``and'' and inserting a comma; also in line 14,
after ``12-192'', by inserting ``and 12-1771''.
The bill be further amended by motion of Senator Huelskamp on page 2, in line 20,
before ``Jefferson'' by inserting ``Ford,'';
On page 7, in line 40, before ``Saline'' by inserting ``Ford,'', and the bill be passed as
further amended.
HB 2590 be amended by adoption of the committee amendments, and further amended
by motion of Senator Barone on page 6, line 36, following the word ``city'' by inserting ``or
county''.
Senator Hardenburger moved to amend the bill on page 9, following line 37, by inserting:
``Sec. 12. Sections 12 through 16 of this act shall be known and may be cited as the
smoke detector act.
Sec. 13. When used in this act:
(a) ``Dwelling unit'' means a single-family residence, multiple-family residence and each
living unit in a mixed-use building.
(b) ``Smoke detector'' means a device or combination of devices which operate from a
power supply in the dwelling unit or at the point of installation for the purpose of detecting
visible or invisible particles of combustion. Such term shall include smoke detectors ap-
proved or listed for the purpose for which they are intended by an approved independent
testing laboratory.
Sec. 14. (a) Every single-family residence shall have at least one smoke detector on
every story of the dwelling unit.
(b) Every structure which:
(1) Contains more than one dwelling unit; or
(2) contains at least one dwelling unit and is a mixed-use structure, shall contain at least
one smoke detector at the uppermost ceiling of each interior stairwell and on every story
in each dwelling unit.
(c) The owner of a structure shall supply and install all required smoke detectors. The
owner of a structure shall test and maintain all smoke detectors, except inside rental units,
the occupant shall test and maintain all smoke detectors after taking possession of the
dwelling unit.
(d) The smoke detectors required in dwelling units in existence on January 1, 1999, may
either be battery-powered or wired into the structure's electrical system, and need not be
interconnected. The smoke detectors required in dwelling units constructed after January
1, 1999, shall be wired permanently into the structure's electrical system.
(e) For purposes of this act, manufactured homes as defined in K.S.A. 58-4202, and
amendments thereto, shall be subject to the federal, manufactured home construction and
safety standards established pursuant to 42 U.S.C. &§ 5403 in lieu of the standards set forth
herein. Owners and occupants of such manufactured homes shall be subject to the testing
and maintenance standards for smoke detectors required under this act.
(f) Officials responsible for the enforcement of the smoke detector act shall not enter
a dwelling unit solely for the purpose of determining compliance with the provisions of the
smoke detector act except when:
(1) Conducting an inspection prior to the issuance of an occupancy permit or building
permit;
(2) responding to a report of a fire in a dwelling unit, except in cases of a false alarm;
or
(3) conducting, at the request of the owner or occupant, a home safety inspection.
(g) Evidence of the failure of any property owner to provide an operational smoke
detector in a residence as required by this section shall not be admissible in any action for
the purpose of determining any aspect of civil liability.
Evidence of the failure of any occupant to properly maintain a smoke detector as required
by this section shall not be admissible in any action for the purpose of determining any
aspect of civil liability.
(h) The provisions of the smoke detector act shall not constitute grounds for the purpose
of offsetting, reducing or denying the payment of amounts due under any contract for or
policy of insurance.
Sec. 15. Failure to place or maintain a smoke detector as provided by the smoke de-
tector act shall be a nonclass nonperson misdemeanor. Any fine imposed for a violation of
this section shall not exceed $25.
Sec. 16. This law shall be in addition to any county resolution or city ordinance relating
to regulation of smoke detectors.'';
By renumbering sections accordingly;
In the title, in line 12, by striking ``development in rural cities and counties''; in line 15,
before the period, by inserting ``; imposing certain requirements''.
The Chair was requested to rule on the germaness of the amendment to the bill.
The Chair ruled the amendment to be germane.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 25, nays 15, present and passing 0; absent or not voting
0.
The Committee recommended HB 2590 be passed as further amended.
HB 2678 be amended by adoption of the committee amendments and further amended
by motion of Senator Oleen on page 11, following line 30, by inserting:
``Sec. 5. K.S.A. 1997 Supp. 73-1208b is hereby amended to read as follows: 73-1208b.
The commission shall hold regular monthly meetings and such other meetings as the chair-
man of the commission shall deem advisable. Such regular monthly meetings shall be held in regular offices to be established and maintained at Topeka, Kansas, or shall be held at the Kansas soldiers' home and Mother Bickerdyke annex or the Kansas veterans' home. The commission may hold regular monthly meetings and any other meeting at any place within the state.
Sec. 6. K.S.A. 75-6801 is hereby amended to read as follows: 75-6801. (a) As used in
this section:
(1) ``Executive secretary'' means the executive secretary of the Kansas public employees
retirement system.
(2) ``F.T.E. positions'' means the number of full time and regular part time positions
equated to full time, excluding seasonal and temporary positions, paid from appropriations.
(3) ``Head of the governmental branch'' means the governor, in the case of the executive
branch; and the legislative coordinating council, in the case of the legislative branch.
(4) ``Retiree'' means any person electing to retire pursuant to K.S.A. 74-4914, and
amendments thereto, except that ``retiree'' shall not include any person who is retiring from
a position which provides direct care for patients at Topeka state hospital, Osawatomie state
hospital, Rainbow mental health facility or Larned state hospital, Kansas neurological insti-
tute, Parsons state hospital and training center, Winfield state hospital and training center,
university of Kansas medical center, Atchison juvenile correctional facility, Beloit juvenile
correctional facility, Larned juvenile correctional facility and , Topeka juvenile correctional
facility, Kansas soldiers' home and Kansas veterans' home.
(b) The executive secretary shall provide the head of the governmental branch notice
of the name, employing state agency and retirement date of each retiree retiring after the
effective date of this act and such other information that may be prescribed by the head of
the governmental branch.
(c) (1) Upon receipt of each notice pursuant to subsection (b) regarding a retiree em-
ployed by a state agency in the executive branch, the governor shall direct the secretary of
administration to reduce by one the number of F.T.E. positions authorized for the state
agency that employed the retiree and reduce the expenditure authority of such state agency
in an amount attributable to the amount of unused salary and employer-paid benefits at-
tributable to the retiree's job position.
(2) Upon receipt of each notice pursuant to subsection (c) regarding a retiree employed
by a state agency in the legislative branch, the legislative coordinating council shall reduce
by one the number of F.T.E. positions for the state agency that employed the retiree and
reduce the expenditure authority of such state agency in an amount attributable to the
retiree's job position.
(d) (1) For reductions made in the executive branch of government, the governor is
authorized to restore or allocate, to any state agency or agencies within the executive branch,
no more than 3/4 of the F.T.E. positions and expenditure authority reductions made pursuant
to subsection (c)(1), except that, upon request of the governor, the reduced number of
authorized F.T.E. positions and the reduced amount of expenditure authority established
under subsection (c)(1) for a state agency in the executive branch of government may be
increased upon approval by the state finance council acting on this matter which is hereby
characterized as a matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c and amendments thereto.
(2) For reductions made in the legislative branch of government, the legislative coor-
dinating council is authorized to restore or allocate, to any state agency or agencies within
the legislative branch, no more than 3/4 of the F.T.E. positions and expenditure authority
reductions made pursuant to subsection (c)(2), except that, upon request of the agency head,
the reduced number of authorized F.T.E. positions and the reduced amount of expenditure
authority established under subsection (c) for a state agency in the legislative branch of
government may be increased upon approval by the legislative coordinating council.
(e) The secretary of administration is authorized to prescribe such policies and proce-
dures as may be deemed necessary to carry out the provisions of this section.'';
By renumbering sections accordingly;
Also on page 11, in line 31, before ``1997'' by inserting ``75-6801 and K.S.A.''; in line 32,
by striking ``and 8-1,146'' and inserting ``, 8-1,146 and 73-1208b'';
In the title, by striking all in lines 14 through 18 and inserting:
``AN ACT concerning military veterans and merchant marines; relating to veterans affairs;
relating to license plates; amending K.S.A. 75-6801 and K.S.A. 1997 Supp. 8-135, 8-142,
8-1,146 and 73-1208b and repealing the existing sections.'', 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 603; HB 2126, 2584, 2590, 2621, 2627, 2676, 2678, 2689, 2792, 2933 were
advanced to Final Action and roll call.
SB 603, An act relating to severance taxation; providing for exemptions therefrom;
amending K.S.A. 79-4217 and repealing the existing section, 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 2126, An act concerning limited liability companies; relating to such companies
exercising powers of a professional association or professional corporation; amending K.S.A.
17-7604, 17-7607 and 17-7608 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.
HB 2584, An act concerning taxation by local units of government; amending K.S.A.
1997 Supp. 12-187, as amended by section 1 of 1998 House Bill No. 2707, 12-188, 12-189,
as amended by section 2 of 1998 House Bill No. 2707,12-192 and 12-1771 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.
HB 2590, An act concerning housing; providing for the creation of rural housing incentive
districts in such cities and counties; imposing certain requirements, was considered on final
action.
On roll call, the vote was: Yeas 37, nays 2, present and passing 1; absent or not voting 0.
HB 2621, An act designating a part of United States highway 77 as the Walnut Valley
Greenway; amending K.S.A. 1997 Supp. 68-1010 and repealing the existing section, 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 2627, An act concerning children and minors; amending K.S.A. 38-1531, 38-1532,
38-1533, 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 9 of this act, 38-1691, 38-16,111, 38-16,129, 65-
6001 and 65-6008 and repealing the existing section; also repealing K.S.A. 1996 Supp.
38-1663 as amended by section 64 of chapter 156 of the 1997 Session Laws of Kansas, 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 2676, An act relating to mobile and manufactured homes; amending K.S.A. 74-1230
and 75-1231 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
HB 2678, An act concerning military veterans and merchant marines; relating to veterans
affairs; relating to license plates; amending K.S.A. 75-6801 and K.S.A. 1997 Supp. 8-135, 8-
142, 8-1,146 and 73-1208b 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.
HB 2689, An act concerning vehicles; relating to certificates of title and manufacturer's
statements of origin; amending K.S.A. 8-116a and K.S.A. 1997 Supp. 8-135 and 8-145 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.
HB 2792, An act concerning the state fair; transferring moneys and obligations of the
non-fair days activities fee fund to the state fair fee fund; abolishing the non-fair days activ-
ities fee fund; consolidating local bank accounts; amending K.S.A. 2-205 and 2-223 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.
HB 2933, An act concerning the neighborhood improvement and youth employment act;
amending K.S.A. 1997 Supp. 44-1402, 44-1405 and 44-1408 and repealing the existing sec-
tions, was considered on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.