The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
One of our needs is the ability to mix the common with the uncommon.
To meet the common people
On some common ground,
Uncommon sensitivity
Somehow must be found.
To speak a common language
To promote the common good,
We need uncommon unity
To foster brotherhood.
We will need uncommon tact
And we'll need it very much,
To move with ease among elite
And maintain the common touch.
But perhaps the thing we need the most
To make a difference
Is to mix uncommon faith in God
With some good old common sense!
I pray in the Name of Christ,
AMEN
PRESENTATION OF PETITIONS
The following petition was presented, read and filed:
SP 10, by Senator Pat Ranson: a petition requesting the repeal of the sales tax on labor,
overhead and profit for remodeling projects, signed by M.S. Mitchell and 634 others from
the Wichita area.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committees as indicated:
Assessment and Taxation: HB 2602, 2828.
Education: Sub. HB 2793.
CHANGE OF REFERENCE
The President withdrew Sub. HB 2609; HB 2622, 2669 from the Committee on Ways
and Means, and rereferred the bills to the Committee on Public Health and Welfare.
The President withdrew Sub. for Sub. HB 2649 from the Committee on Commerce,
and referred the bill to the Committee on Ways and Means.
The President withdrew HB 2715 from the Committee on Ways and Means, and rere-
ferred the bill to the Committee on Judiciary.
The President withdrew Sub. HB 2662 from the Committee on Ways and Means, and
returned the bill to the calendar under the heading of General Orders.
MESSAGE FROM THE HOUSE
The House announces the appointment of Representatives Lane, Geringer and Pauls to
replace Representatives Phill Kline, Farmer and Helgerson as conferees on HB 2534.
The House accedes to the request of the Senate for a conference on SB 510 and has
appointed Representatives O'Neal, Shore and Reardon as conferees on the part of the
House.
The House adopts the conference committee report on HB 2143.
REMOVE FROM CONSENT CALENDAR
An objection having been made to HB 2684 appearing on the Consent Calendar, the
President directed the bill be removed and placed on the calendar under the heading of
General Orders.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Jones introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1836--
A RESOLUTION congratulating and commending the Wyandotte High School boys bas-
ketball team and Coach Wayne Van Dine for winning the 1998 Class 5A State Basketball
Championship in Kansas.
WHEREAS, The Wyandotte High School boys basketball team won the 1998 Kansas
State High School Activities Association Class 5A State Basketball Championship at Topeka
on March 14, 1998; and
WHEREAS, Wyandotte won the state championship with a thrilling 63-42 victory over
Buhler High School in the state championship game. To get to the championship game the
team had to beat Lawrence Free-State (90-64), Topeka Highland Park (57-55), Salina South
(71-64) and Andover (69-65); and
WHEREAS, The Wyandotte High School ``Bulldogs'' basketball team, with a 20-5 record
for the year, had a 6-0 record in the KCK league; and
WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Wyandotte High School
boys basketball team and Coach Van Dine be congratulated and commended for winning
the 1998 Kansas State High School Activities Association Class 5A State Basketball Cham-
pionship; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Walter Thompson, Principal, Wyandotte High School, 2501
Minnesota, Kansas City, Kansas 66102.
On emergency motion of Senator Jones SR 1836 was adopted unanimously.
Senator Jones introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1837--
A RESOLUTION congratulating and commending the Sumner Academy High School boys
basketball team and Coach Randy Springs for winning the 1998 Class 4A State Basketball
Championship.
WHEREAS, The Sumner Academy of Arts and Science High School boys basketball
team won the 1998 Kansas State High School Activities Association Class 4A State Basketball
Championship at Salina on March 14, 1998, and Coach Randy Springs was named as the
Class 4A Coach of the Year; and
WHEREAS, Sumner Academy won the state championship with a thrilling 64-60 over-
time victory over Wamego High School in the state championship game; and
WHEREAS, The Sumner Academy High School ``Sabres'' basketball team finished the
season with a 25-3 record and were undefeated in Huron league play; and
WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to their excellent teamwork, strong com-
petitive spirit and determination to win plus the enthusiastic support of the school's admin-
istrators, the faculty, the students, the players' parents and many area citizens: Now, there-
fore,
Be it resolved by the Senate of the State of Kansas: That the Sumner Academy High
School boys basketball team and Coach Springs be congratulated and commended for win-
ning the 1998 Kansas State High School Activities Association Class 4A State Basketball
Championship; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Donna Severance, Principal, Sumner Academy of Arts and Sci-
ence, 1610 N. Eighth Street, Kansas City, Kansas 66101.
On emergency motion of Senator Jones SR 1837 was adopted unanimously.
Senator Praeger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1838--
A RESOLUTION proclaiming April 26-May 2, 1998, as Mathematics Awareness Week in
conjunction with National Mathematics Awareness Week.
WHEREAS, Mathematics is the foundation discipline for science and technology, and
mathematical reasoning, analysis and problem-solving are increasingly vital in preparing our
youth to lead productive and responsible lives; and
WHEREAS, Mathematics is a living and growing discipline, continually being created
and discovered. The power of mathematics is revealed in the richness and beauty of its
intellectual structure and the diversity of its applications to almost every field of human
endeavor; and
WHEREAS, The beauty, challenge and excitement of mathematics and its potential to
enrich individual lives require that through mathematics education we make its opportu-
nities available to all our citizens; and
WHEREAS, Mathematics Awareness Week 1998 will be observed nationwide from April
26 to May 2 with the theme of mathematics and imaging; and
WHEREAS, The Mathematics Department of the University of Kansas has planned sev-
eral activities involving the Kansas public schools. Such activities include a poster compe-
tition for grades K-4 and mathematics competitions for grades 5-12. In addition to other
scheduled activities at the university, the department has extended an open invitation for
anyone to attend its algebra and calculus classes during this week: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we proclaim April 26-May 2,
1998, as Mathematics Awareness Week; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Dr. Bozenna Pasik-Duncan, Professor of Mathematics, 405 Snow
Hall, Lawrence, Kansas 66045-2142.
On emergency motion of Senator Praeger SR 1838 was adopted unanimously.
Senator Praeger introduced guests Bozenna Pasik-Duncan, Dominique Duncan, Tyrone
Duncan and Dora Matache.
Senator Praeger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1839--
A RESOLUTION congratulating and commending Arden Booth.
WHEREAS, Arden Booth, who was born December 4, 1911, founded radio station
KLWN-AM in Lawrence in 1951, later founding KLZR-FM, and continues to work on a
daily basis at KLWN with his son, Hank Booth. He is among the last in the nation who
continues to read poetry, including his own, on the radio; and
WHEREAS, Arden Booth's interest in radio started in the 1920's while living in Fairview
and listening to KFNF out of Shenandoah, Iowa. His radio debut was in 1927 when he
traveled to Shenandoah to sing a solo, ``Can't You Hear Me Calling Caroline?'' for a Saturday
night program. Later, while living in Baldwin City, he would travel to Lawrence several
times to sing in local talent contests on WREN; and
WHEREAS, Arden Booth has been and continues to be actively involved in Lawrence
community affairs. In addition to membership in the Trinity Lutheran Church and the
Mason, Shrine, Elk, VFW, AAUW, NAACP, Republican Party, League of Women Voters,
AARP and American Legion organizations, he has served as the Chairman of the Board of
the Kansas Division of the American Cancer Society, President of the Kansas Association
of Broadcasters, as Chairman of the Public Affairs Council and Economic Development
Council, and one of two Emeritus Directors of the Kansas Association of Commerce and
Industry, Vice-President of the Kaw Valley Heart Association, on the Board of Advisors for
the Salvation Army and as a board member for the Kiwanis Club, member of the Executive
Board and Past President of the Agricultural Center and Hall of Fame, Chair of the Friends
of Haskell, member of the Board of Directors of the Lawrence Indian Center, Board of
Directors of the Paraguay-Kansas Association; and
WHEREAS, Arden Booth has received many awards and honors for his community serv-
ice including being listed in Who's Who in Kansas, 1976 Broadcaster of the Year, DAV
Distinguished Service Award, 4-H Alumni State Award, Sertoma Service to Mankind Award,
Kiwanis Substantial Citizen Award and National Tablet of Honor, FFA Honorary Chapter
Farmer, Outstanding Community Service from the Farmers Cooperative Association, an
award of Appreciation from Baker University, Lawrence Chamber of Commerce Man of
the Years, twice honored by Haskell Indian Nations University including being named a
Haskell Hero, honored by the Ecumenical Council for his work in race relations, Friend of
the Douglas County Fair, honored by the American Hereford Association ``Arden Booth
Hereford Day'' at the Kansas Free Fair, honored by the city of Lawrence with the naming
of the Arden Booth Free State Theater in the renovated Union Pacific Train Station; and
WHEREAS, Arden Booth served in the Kansas Legislature as a Senator from the Second
District from 1970-1976. His legislative assignments included Chairman of the Elections
Committee, Vice-Chairman of the Subcommittee on Labor and Industry plus membership
on the Committees on Local Government, Federal and State Affairs, Public Health and
Welfare, and the Special Committee on Appointments; and
WHEREAS, Arden Booth has been a premier breeder of registered horned Hereford
cattle and continues as an enthusiastic naturalist enjoying the pond and 28 acres of native
prairie grass on his farm southwest of Lawrence; and
WHEREAS, Arden Booth has fully lived his personal philosophy: ``If it ain't fun, don't
do it.'': Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Arden Booth upon his success as a radio pioneer and as a contributing citizen of the state
of Kansas; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Mr. Arden Booth, c/o KLWN Radio, 3125 W. 6th Street, Lawrence,
KS 66049.
On emergency motion of Senator Praeger SR 1839 was adopted unanimously.
Senator Praeger welcomed Hank Booth, son of Arden Booth, who represented his father.
Senators Oleen and Hardenburger introduced the following Senate resolution, which was
read:
SENATE RESOLUTION No. 1840--
A RESOLUTION congratulating and commending E. Robert Sinnett, Ph.D.
WHEREAS, E. Robert Sinnett, Ph.D., of Manhattan, will be recognized for his many
years of exemplary service to the profession of psychology and to the Kansas Psychological
Association at the Association's Spring Convention at Topeka on April 3, 1998; and
WHEREAS, Dr. Sinnett has served as President of the Kansas Psychological Association
and retired December 31, 1997, from his membership on the Ethics Committee. His service
on the Ethics Committee has been so long and distinguished that his name has become
synonymous with ethics among psychologists in Kansas; and
WHEREAS, Dr. Sinnett's career has touched all the major aspects of psychology prac-
tice. He has taught at Kansas State University. He has supervised new professionals, con-
ducted research and published, done psychotherapy, been involved in professional organi-
zations and been politically active. He was a major force in the efforts establishing the law
for the licensing of psychologists. He is seen as highly principled, extremely competent in
his profession, extraordinarily wise and eloquent in the expression of his views, and he enjoys
an impeccable reputation among his colleagues; and
WHEREAS, Dr. Sinnett is a native of Iowa. He came to Kansas because of his attraction
to the work being done at the Menninger Clinic. He was a member of the staff at the
Veterans Administration Medical Center in Topeka from 1955 to 1962. In 1962 he moved
to Manhattan to commence his private practice of psychology, and has been in practice
there since; and
WHEREAS, Dr. Sinnett and his wife, Kathleen, who is also a psychologist, practice
together in Manhattan. They are the parents of two sons, Brian Sinnett and Don Sinnett,
and two daughters, Katie Sinnett-Beaver and Lucy Sinnett Schuler: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
E. Robert Sinnett, Ph.D. for his many years of meritorious service to the Kansas Psycho-
logical Association and the practice of psychology in Kansas; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to David R. Mouille, Ph.D., Chair, KPA Ethics Committee,
4786 Black Swan Drive, Shawnee, Kansas 66215-1235 and five copies to E. Robert Sinnett,
Ph.D., 1625 Leavenworth, Manhattan, Kansas 66502.
On emergency motion of Senator Oleen SR 1840 was adopted unanimously.
Senator Oleen introduced guests Dr. Sinnett and his wife, Kathleen.
Senator Hensley introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1841--
A RESOLUTION congratulating and commending the Santa Fe Trail High School girls
basketball team and Coach Brady Anshutz for winning the 1998 Class 4A State Basketball
Championship.
WHEREAS, The Santa Fe Trail High School girls basketball team won the 1998 Kansas
State High School Activities Association Class 4A State Basketball Championship at Salina
on Saturday, March 14, 1998; and
WHEREAS, Santa Fe Trail won the state championship with a thrilling 62-56 victory
over Marysville High School in the state championship game with senior center Megan
Carter scoring 25 points; and
WHEREAS, The Santa Fe Trail High School ``Lady Chargers'' basketball team, with a
25-0 record, is the 1998 Class 4A State Champion. Megan Carter and Jarrah Myers were
named to All-State in Class 4A, and Megan Carter was named All-State for all classes; and
WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to excellent teamwork, strong competitive
spirit, a determination to win, and the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Santa Fe Trail High School
girls basketball team and Coach Anshutz be congratulated and commended for winning the
1998 Kansas State High School Activities Association Class 4A State Basketball Champi-
onship; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Principal Gary Blosser, Santa Fe Trail High School, 1663 E. U.S.
Highway 56, Carbondale, Kansas 66416.
On emergency motion of Senator Hensley SR 1841 was adopted unanimously.
Senator Hensley introduced guests Coach Brady Anshutz and team members.
Senator Steffes introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1842--
A RESOLUTION congratulating and commending Central Kansas state
basketball champions and coaches.
WHEREAS, The basketball teams for Central Kansas high schools were particularly suc-
cessful during the 1998 Kansas State High School Activities Association State Basketball
Tournaments with the Hillsboro boys team winning the Class 3A Championship, the Mc-
Pherson girls winning the Class 5A Championship, the Moundridge girls winning the Class
2A Championship and the Little River girls winning the Class 1A Championship. Addition-
ally, Scott Schaefer, of McPherson was named as the girls coach of the year by the Wichita
Eagle and Topeka Capital, and Darrell Knoll, of Hillsboro, was named as the boys coach of
the year by the Wichita Eagle; and
WHEREAS, The Hillsboro boys won their championship with a 49-44 victory over Wich-
ita Collegiate; the McPherson girls won their championship with a 49-31 victory over Salina
South; the Moundridge girls won their championship with a 94-33 victory over Sedgewick
and the Little River girls won their championship with a 44-43 victory over Baileyville B &
B; and
WHEREAS, The members of these outstanding basketball teams have received state-
wide recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of these teams is due to their excellent teamwork, a strong
competitive spirit and a determination to win plus the enthusiastic support of the schools'
administrators, the faculty, the students, the players' parents and many area citizens: Now,
therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
these championship teams and their coaches for their winning seasons and well deserved
championships; and
Be it further resolved: That the Secretary of the Senate be directed to send enrolled
copies of this resolution to Glen Suppes, Principal, Hillsboro High School, 500 E. Grand,
Hillsboro, Kansas 67063; William Parker, Principal, McPherson High School, 801 E. 1st,
McPherson, Kansas 67460; Tom Alstrom, Principal, Moundridge High School, P.O. Box
610, Moundridge, Kansas 67107; Rosabel Flax, Principal, Little River High School, P.O.
Box 8, Little River, Kansas 67457; Scott Schaefer, McPherson High School, 801 E. 1st,
McPherson, Kansas 67460 and Darrell Knoll, Hillsboro High School, 500 E. Grand, Hills-
boro, Kansas 67063.
On emergency motion of Senator Steffes SR 1842 was adopted unanimously.
Senator Kerr introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1843--
A RESOLUTION congratulating and commending the Prairie Dunes Golf Course.
WHEREAS, The golf course of the Prairie Dunes Country Club, Hutchinson, has been
selected to repeat as the top golf course in Kansas by the May 1997 issue of Golf Digest. It
was also ranked 17th nationally by the magazine; and
WHEREAS, The six factors considered by the magazine to rank golf courses are shot
values, resistance to scoring, design balance, memorability, esthetics and conditioning. Ad-
ditional points are assigned for tradition and allowing walking; and
WHEREAS, The course superintendent is Stan George and the club professional is
Charles Craig. Prairie Dunes has regularly hosted national amateur tournaments, most re-
cently the 1996 Trans-Mississippi Championship. The club has hosted six additional national
championships, two other men's Trans-Mississippi Championships, three U.S. Women's
Amateur Championships and the 1988 U.S. Mid-Amateur, as well as the 1986 Curtis Cup
Match. It hosted the first Big 12 Golf Tournament in 1997 and is scheduled to be the site
of the 1998 Big 12 Tournament. The club's eighth hole was once ranked as the toughest
No. 8 in the country by Sports Illustrated; the eighth hole is a 422 yard par 4; and
WHEREAS, Prairie Dunes has been described as an American original. Emerson Carey,
of Hutchinson, and his sons, Emerson, Jr., and William, after a golfing holiday in Scotland
in the 1920's, became convinced that the area around Hutchinson possessed the necessary
natural resources for a Scotch linksland golf course. Emerson Carey bought 480 acres east
of town and hired Perry Duke Maxwell to design the course. Maxwell designed the first
nine holes and his son, Press, the second nine. Perry Maxwell used his natural approach to
design 70 golf courses, including Southern Hills in Tulsa, and redesigned 50 others, includ-
ing Augusta National and Pine Valley; and
WHEREAS, Prairie Dunes was created using a variety of natural ingredients such as
wild plum thicket, bluestem grasses, Virginia creeper, grove vine, wild dogwood, sedges and,
in abundance, the majestic yucca. The rough has been described as a jungly mess causing
the question ``How many?'' to mean how many balls were lost during the round. Additionally,
the wind is ever present, constantly talking to the golfer so that one is never alone; and
WHEREAS, Golf legend, Jack Nicklaus has played the course at least seven times and
never shot par. Tom Watson, a professional golfer who lives in Mission Hills, said that:
``Prairie Dunes is a bit of Scotland in the Land of Oz. Sunflowers instead of heather; oceans
of grain instead of the sea. But, like Scotland, be prepared; the wind always blows.'': Now,
therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
the Prairie Dunes Golf Course upon its selection as the top golf course in Kansas; and
Be it further resolved: That the Secretary of the Senate be directed to provide enrolled
copies of this resolution to Stan George, Golf Course Superintendent, Charles Craig, Club
Professional and Bob Philbrick, General Manager, Prairie Dunes Country Club, Hutchin-
son, Kansas 67501-2834.
On emergency motion of Senator Kerr SR 1843 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Judiciary recommends HB 2531, as amended by House Committee of
the Whole, be amended on page 1, in line 29, after ``3406.'' by inserting ``(a)''; in line 33,
by striking the comma and inserting a semicolon; also in line 33, by striking the semicolon;
in line 37, by striking the comma and inserting a semicolon; in line 40, before ``Assisting''
by beginning a new paragraph to be designated as ``(b)''; in line 42, after ``A'' by inserting
``licensed'';
On page 2, in line 5, by striking ``Withholding'' and inserting ``A licensed health care
professional, family member or other legally authorized person who participates in the act
of, or the decision making process which results in the withholding''; after line 6, by inserting
a new subsection as follows:
``(c) Providing spiritual treatment through prayer alone, in lieu of medical treatment,
does not violate K.S.A. 21-3406 and amendments thereto.'';
Also on page 2, in line 13, by striking ``Entitle'' and inserting ``Entitled'';
On page 22, by striking all in lines 31 through 42;
And by renumbering sections accordingly; and the bill be passed as amended.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole,
for consideration of bills on the calendar under the heading of General Orders with Senator
Corbin in the chair.
On motion of Senator Corbin the report of the morning session was adopted:
Recommended that HB 2738, 2876 be passed.
Also, HB 2233, 2282, 2759, 2835 be amended by adoption of the committee amend-
ments, and the bills be passed as amended.
HCR 5035 be amended by adoption of the committee amendments, and the concurrent
resoluton be adopted as amended.
HB 2552 be amended by motion of Senator Ranson on page 1, by striking all of line 13
and inserting:
``Section 1. K.S.A. 12-886 is hereby amended to read as follows: 12-886. As used in this
act, unless the context otherwise requires:
(a) ``Agency agreement'' means the written agreement between or among two or more
cities establishing a municipal energy agency.
(b) ``City'' means a city organized and existing under the laws of Kansas and authorized
by such laws to engage in the local distribution and sale of electrical energy and operating an electric generating system during the calendar year 1976.
(c) ``Governing body,'' with respect to a city, means the governing body of the city or,
if another board, commission or body is empowered by law or by resolution of the governing
body of the city to establish and regulate rates and charges for the distribution of electrical
energy within the city, such board, commission or body shall be deemed to be the governing
body.
(d) ``Municipal energy agency'' means a quasi-municipal corporation created by agree-
ment between or among two or more cities pursuant to this act to exercise any of the powers
granted by K.S.A. 12-885 to 12-8,111, inclusive, and amendments thereto, and including
the acquisition, construction, reconstruction, operation, repair, extension or improvement
of electric generation or transmission facilities or the acquisition of any interest therein or
any right to part or all of the capacity thereof.
(e) ``Person'' means a natural person, a public agency, private corporation, firm, part-
nership, cooperative association or business trust of any nature whatsoever, organized and
existing under the laws of any state or of the United States.
(f) ``Project'' means any plant, works, system, facilities and real and personal property
of any nature whatsoever, together with all parts thereof and appurtenances thereto, used
or useful in the generation, production, transmission, purchase, sale, exchange or inter-
change of electric energy or any interest therein or capacity thereof and including all studies
and planning with respect thereto.
(g) ``Public agency'' means any city or other municipal corporation, political subdivision,
governmental unit or public corporation created by or pursuant to the laws of this state,
another state or the United States; any state or the United States; or any person, board or
other body declared by the laws of any state or the United States to be a department, agency
or instrumentality thereof.
Sec. 2. K.S.A. 12-897 is hereby amended to read as follows: 12-897. No municipal
energy agency created under this act shall be authorized to enter into any agreement or
contract for the direct sale of electricity to any person other than to a member city of the
agency or a utility, a marketer or broker of electricity or an electric utilityoperating an electric generating system during the calendar year 1976.
Sec. 3. K.S.A. 12-886 and 12-897 are hereby repealed.'';
By renumbering section 2 as section 4;
In the title, in line 9, by striking all after ``ACT''; in line 10, by striking all before the
period and inserting ``concerning municipal energy agencies; amending K.S.A. 12-886 and
12-897 and repealing the existing sections'', and the bill be passed as amended.
HB 2559 be amended by motion of Senator Hardenburger on page 1, in line 14, after
``K.S.A.'' by inserting ``13-13c01 through 13-13c20,'';
In the title, in line 9, after ``K.S.A.'' by inserting ``13-13c01 through 13-13c20,''; in line
11, after ``thereof'' by inserting ``; concerning municipal parking authorities'', and the bill be
passed as amended.
HB 2806 be amended by motion of Senator Emert on page 3, after line 26, by inserting
the following new sections:
``Sec. 2. K.S.A. 1997 Supp. 22-3707 is hereby amended to read as follows: 22-3707. (a) On and after July 1, 1997 (1) Except as otherwise provided by this section, the Kansas parole
board shall consist of four members appointed by the governor, subject to confirmation by
the senate as provided in K.S.A. 75-4315b and amendments thereto. On and after January 15, 1999, the Kansas parole board shall consist of three members appointed by the governor subject to confirmation as provided in K.S.A. 75-4315b and amendments thereto.
(2) Except as provided by K.S.A. 1997 Supp. 46-2601, and amendments thereto, no
person shall exercise any power, duty or function as a member of the board until confirmed
by the senate.
(3) As determined by the governor, no successor shall be appointed as provided in this
section for any member the office of one of the members of the Kansas parole board whose term expires on June 30, 1997 terms expire on January 15, 1999. On and after July 1, 1997,
(4) No appointment shall be made that would result in more than two members of the
board being members of the same political party. Except as provided by subsection (b), the
term of office of the members of the board shall be four years and until their successors
are appointed and confirmed. If a vacancy occurs in the membership of the board before
the expiration of the term of office, a successor shall be appointed for the remainder of the
unexpired term in the same manner that original appointments are made.
(5) On and after the effective date of this act, as the terms of office of members of the Kansas parole board expire or vacancies occur in the membership of the board, the governor shall appoint successors so that all members have a baccalaureate or higher degree from an accredited college or university.
(6) Each member of the board shall devote the member's full time to the duties of
membership on the board.
(b) The terms of members who are serving on the board on the effective date of this
act shall expire on January 15, of the year in which such member's term would have expired
under the provisions of this section prior to amendment by this act. Thereafter, members
shall be appointed for terms of four years and until their successors are appointed and
confirmed. Each such term of office shall be deemed to commence on January 15 of the year in which the member is appointed.
(c) The governor may not remove any member of the Kansas parole board except for
disability, inefficiency, neglect of duty or malfeasance in office. Before removal, the governor
shall give the member a written copy of the charges against the member and shall fix the
time when the member can be heard at a public hearing, which shall not be less than 10
days thereafter. Upon removal, the governor shall file in the office of the secretary of state
a complete statement of all charges made against the member and the findings thereupon,
with a complete record of the proceedings.
(d) Upon the application of the chairperson of the parole board, the governor may ap- point a qualified person as a member pro tem of the Kansas parole board to act in the place a member of the Kansas parole board with respect to specified matters and proceedings before the parole board for good cause shown or in any case of a conflict of interest or of the absence, sickness or disability of such member of the parole board. The application for appointment of a member pro tem under this subsection may be made by another member of the parole board in a case of the absence, sickness or disability of the chairperson of the parole board. Each person appointed to serve as a member pro tem of the Kansas parole board shall be a person who is qualified to fill the position of the member of the parole board for whom such person is being appointed if such position was vacant. Upon taking the oath of office, any such member pro tem of the parole board shall have the full power and authority of a member of the parole board with respect to those matters and proceedings before such member pro tem. The appointment of a member pro tem of the Kansas parole board shall be temporary and shall be effective only for the matters and proceedings specified by the governor in making such appointment. The appointment of a member pro tem of the Kansas parole board shall not be subject to confirmation by the senate. Each member pro tem shall be in the unclassified service under the Kansas civil service act, shall receive per diem compensation in an amount prescribed by the governor, subject to the budget limita- tions of the Kansas parole board, and shall receive subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
Sec. 3. K.S.A. 1997 Supp. 22-3709 is hereby amended to read as follows: 22-3709. (a) (1) The chairperson and vice-chairperson of the Kansas parole board shall be designated by
the governor. The chairperson of the board shall have the authority to organize and admin-
ister the activities of the board.
(2) Prior to January 15, 1999, the chairperson of the board may designate panels, con-
sisting of three members of the board, which shall have the full authority and power of the
board to order the denial, grant or revocation of an inmate's offender's parole or conditional
release, or for crimes committed on or after July 1, 1993, grant parole for off-grid crimes
or revocation of postrelease supervision or to order the revocation of an inmate's offender's
conditional release, upon hearing by one or more members of the panel.
(3) On or after January 15, 1999, the chairperson of the board may designate panels, consisting of two members of the board, which shall have the full authority and power of the board to order the denial, grant or revocation of an inmate's parole or conditional release, or for crimes committed on or after July 1, 1993, grant parole for off-grid crimes or revo- cation of postrelease supervision or to order the revocation of an inmate's conditional release, upon hearing by one member of the panel.
(b) (1)Prior to January 15, 1999, any decision of the Kansas parole board granting
original parole to an inmate offender sentenced for a class A or class B felony or for off-grid
crimes committed on or after July 1, 1993, shall be by unanimous vote of all members of
the three-member panel acting on such parole except that, if two members of such panel
vote to parole the inmate offender, the full membership of the board shall review the decision
of the panel and may parole such inmate offender upon the vote of three members of the
board.
(2) On or after January 15, 1999, any decision of the Kansas parole board granting original parole to an offender sentenced for a class A or class B felony or for off-grid crimes committed on or after July 1, 1993, shall be by action of the Kansas parole board upon a majority vote of all members of the board acting on such parole or in the case of a panel as provided in subsection (a)(3), upon an affirmative vote of both members of the panel.
Sec. 4. K.S.A. 1997 Supp. 22-3713 is hereby amended to read as follows: 22-3713.
(a) The Kansas parole board may authorize one or more of its members to conduct hear-
ings on behalf of the parole board.
(b) (1) For any hearing or hearings which the Kansas parole board is required or au- thorized to conduct under K.S.A. 22-3717 through 22-3727 and amendments thereto, the parole board may refer such hearing or hearings to an employee of the department of cor- rections, who shall be designated by the chairperson of the parole board in accordance with procedures prescribed by rules and regulations adopted by the parole board, to conduct such hearing or hearings without the presence of the parole board or any member thereof. Each such hearing shall be conducted by the hearing officer in accordance with procedures prescribed by rules and regulations adopted by the parole board. After each such hearing, the hearing officer shall prepare a written report setting forth information about the offender who is the subject of the hearing and shall make a recommendation to the parole board.
(2) After each such hearing, a parole board panel established under K.S.A. 22-3709 and amendments thereto, shall review the information and recommendation provided by the hearing officer. The panel shall affirm, modify or reject the recommendation. If the recom- mendation is affirmed, then that recommendation shall constitute an order of the parole board and no further action shall be required by the parole board. If the recommendation is rejected, then a parole board panel established under K.S.A. 22-3709 and amendments thereto shall conduct a new hearing. If the recommendation is modified, then a parole board panel established under K.S.A. 22-3709 and amendments thereto shall determine whether the modification is of a substantive nature requiring a new hearing. If it is determined that the modification of the recommendation is of a substantive nature requiring a new hearing on the matter, then a parole board panel established under K.S.A. 22-3709 and amendments thereto shall conduct the new hearing. If it is determined that the modification of the rec- ommendation is not of a substantive nature, then that recommendation shall constitute an order of the parole board and no further action shall be required by the parole board.
(3) As used in this section and in K.S.A. 22-3717 and amendments thereto, ``hearing officer'' means any hearing officer of the department of corrections or any other qualified employee of the department of corrections designated by the Kansas parole board for the purposes acting as a hearing officer for the Kansas parole board for purposes of conducting hearings under K.S.A. 22-3717 through 22-3727 and amendments thereto.
(c) The secretary of corrections shall provide the Kansas parole board with necessary
personnel and accounting services.
Sec. 5. K.S.A. 1997 Supp. 22-3717 is hereby amended to read as follows: 22-3717. (a)
Except as otherwise provided by this section, K.S.A. 1993 Supp. 21-4628 prior to its repeal
and K.S.A. 21-4635 through 21-4638 and amendments thereto, an inmate offender, includ-
ing an inmate offender sentenced pursuant to K.S.A. 21-4618 and amendments thereto,
shall be eligible for parole after serving the entire minimum sentence imposed by the court,
less good time credits.
(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and amendments
thereto, an inmate offender sentenced to imprisonment for the crime of capital murder, or
an inmate offender sentenced for the crime of murder in the first degree based upon a
finding of premeditated murder, committed on or after July 1, 1994, shall be eligible for
parole after serving 25 years of confinement, without deduction of any good time credits.
(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior
to its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate offender sentenced to imprisonment for an off-grid offense committed on or after July 1,
1993, shall be eligible for parole after serving 15 years of confinement, without deduction
of any good time credits.
(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate offender sentenced for a class A felony committed before July 1, 1993, including an inmate offender sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible
for parole after serving 15 years of confinement, without deduction of any good time credits.
(4) An inmate offender sentenced to imprisonment for a violation of subsection (a) of
K.S.A. 21-3402 and amendments thereto committed on or after July 1, 1996, shall be eligible
for parole after serving 10 years of confinement without deduction of any good time credits.
(c) Except as provided in subsection (e), if an inmate offender is sentenced to impris-
onment for more than one crime and the sentences run consecutively, the inmate offender
shall be eligible for parole after serving the total of:
(1) The aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and
amendments thereto, less good time credits for those crimes which are not class A felonies;
and
(2) an additional 15 years, without deduction of good time credits, for each crime which
is a class A felony.
(d) (1) Persons Offenders sentenced for crimes, other than off-grid crimes, committed
on or after July 1, 1993, will not be eligible for parole, but will be released to a mandatory
period of postrelease supervision upon completion of the prison portion of their sentence
as follows:
(A) Except as provided in subparagraphs (d)(1)(C) and (d)(1)(D), persons offenders
sentenced for nondrug severity level 1 through 6 crimes and drug severity levels 1 through
3 crimes must serve 36 months, plus the amount of good time earned and retained pursuant
to K.S.A. 21-4722 and amendments thereto, on postrelease supervision.
(B) Except as provided in subparagraphs (d)(1)(C) and (d)(1)(D), persons offenders
sentenced for nondrug severity level 7 through 10 crimes and drug severity level 4 crimes
must serve 24 months, plus the amount of good time earned and retained pursuant to K.S.A.
21-4722 and amendments thereto, on postrelease supervision.
(C) (i) The sentencing judge shall impose the postrelease supervision period provided
in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge finds substantial and compelling
reasons to impose a departure based upon a finding that the current crime of conviction
was sexually violent or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease supervision period,
the judge shall state on the record at the time of sentencing the substantial and compelling
reasons for the departure. Departures in this section are subject to appeal pursuant to K.S.A.
21-4721 and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist, the court shall
consider:
(a) Written briefs or oral arguments submitted by either the defendant offender or the
state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any psychological evalu-
ation as ordered by the court pursuant to subsection (e) of K.S.A. 21-4714 and amendments
thereto; and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation be prepared and
the recommended programming be completed by the offender. The department of correc-
tions or the parole board shall ensure that court ordered sex offender treatment be is carried
out.
(v) In carrying out the provisions of subparagraph (d)(1)(C), the court shall refer to
K.S.A. 21-4718 and amendments thereto.
(vi) Upon petition, the parole board may provide for early discharge from the post-
release supervision period upon completion of court ordered programs and completion of
the presumptive postrelease supervision period, as determined by the crime of conviction,
pursuant to subparagraph (d)(1)(A) or (d)(1)(B). Early discharge from postrelease supervi-
sion is at the discretion of the parole board.
(vii) Persons Offenders convicted of crimes deemed sexually violent or sexually moti-
vated, shall be registered according to the habitual sex offender registration act, K.S.A.
22-4901 through 22-4910 and amendments thereto.
(D) The period of postrelease supervision provided in subparagraphs (d)(1)(A) and (d)(1)(B) may be reduced by up to 12 months based on the offender's compliance with
conditions of supervision and overall performance while on postrelease supervision. The
reduction in the supervision period shall be on an earned basis pursuant to rules and reg-
ulations adopted by the secretary of corrections.
(E) In cases where sentences for crimes from more than one severity level have been
imposed, the highest severity level offense will shall dictate the period of postrelease su-
pervision. Supervision periods will not aggregate.
(2) As used in this section, ``sexually violent crime'' means:
(A) Rape, K.S.A. 21-3502, and amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments
thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J) any conviction for a felony offense in effect at any time prior to the effective date
of this act, that is comparable to a sexually violent crime as defined in subparagraphs (d)(2)(A) through (d)(2)(I), or any federal or other state conviction for a felony offense that
under the laws of this state would be a sexually violent crime as defined in this section;
(K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302, 21-3303, and amendments thereto, of a sexually violent crime as defined in this sec-
tion; or
(L) any act which at the time of sentencing for the offense has been determined beyond
a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually
motivated'' means that one of the purposes for which the defendant offender committed the
crime was for the purpose of the defendant's offender's sexual gratification.
(e) If an inmate offender is sentenced to imprisonment for a crime committed while on
parole or conditional release, the inmate offender shall be eligible for parole as provided by
subsection (c), except that the Kansas parole board may postpone the inmate's offender's
parole eligibility date by assessing a penalty not exceeding the period of time which could
have been assessed if the inmate's offender's parole or conditional release had been violated
for reasons other than conviction of a crime.
(f) If a person an offender is sentenced to prison for a crime committed on or after July
1, 1993, while on probation, parole, conditional release or in a community corrections pro-
gram, for a crime committed prior to July 1, 1993, and the person offender is not eligible
for retroactive application of the sentencing guidelines and amendments thereto pursuant
to K.S.A. 21-4724 and amendments thereto, the new sentence shall not be aggregated with
the old sentence, but shall begin when the person offender is paroled or reaches the con-
ditional release date on the old sentence. If the offender was past the offender's conditional
release date at the time the new offense was committed, the new sentence shall not be
aggregated with the old sentence but shall begin when the person offender is ordered re-
leased by the Kansas parole board or reaches the maximum sentence expiration date on the
old sentence, whichever is earlier. The new sentence shall then be served as otherwise
provided by law. The period of postrelease supervision shall be based on the new sentence,
except that those offenders whose old sentence is a term of imprisonment for life, imposed
pursuant to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate sentence
with a maximum term of life imprisonment, for which there is no conditional release or
maximum sentence expiration date, shall remain on postrelease supervision for life or until
discharged from supervision by the Kansas parole board.
(g) Subject to the provisions of this section, the Kansas parole board may release on
parole those persons offenders confined in institutions who are eligible for parole when: (1)
The board believes that the inmate offender should be released for hospitalization, for de-
portation or to answer the warrant or other process of a court and is of the opinion that
there is reasonable probability that the inmate offender can be released without detriment
to the community or to the inmate offender; or (2) the secretary of corrections has reported
to the board in writing that the inmate offender has satisfactorily completed the programs
required by any agreement entered under K.S.A. 75-5210a and amendments thereto, or any
revision of such agreement, and the board believes that the inmate offender is able and
willing to fulfill the obligations of a law abiding citizen and is of the opinion that there is
reasonable probability that the inmate offender can be released without detriment to the
community or to the inmate offender. Parole shall not be granted as an award of clemency
and shall not be considered a reduction of sentence or a pardon.
(h) The Kansas parole board shall hold a parole hearing at least the month prior to the
month an inmate offender will be eligible for parole under subsections (a), (b) and (c). At
least the month preceding the parole hearing, the county or district attorney of the county
where the inmate offender was convicted shall give written notice of the time and place of
the public comment sessions for the inmate to any victim of the inmate's offender's crime
who is alive and whose address is known to the county or district attorney or, if the victim
is deceased, to the victim's family if the family's address is known to the county or district
attorney. Except as otherwise provided, failure to notify pursuant to this section shall not
be a reason to postpone a parole hearing. In the case of any inmate offender convicted of a
class A felony the secretary of corrections shall give written notice of the time and place of
the public comment session for such inmate offender at least one month preceding the
public comment session to any victim of such inmate's offender's crime or the victim's family
pursuant to K.S.A. 74-7338 and amendments thereto. If notification is not given to such
victim or such victim's family in the case of any inmate offender convicted of a class A felony,
the board shall postpone a decision on parole of the inmate offender to a time at least 30
days after notification is given as provided in this section. Nothing in this section shall create
a cause of action against the state or an employee of the state acting within the scope of the
employee's employment as a result of the failure to notify pursuant to this section. If granted
parole, the inmate offender may be released on parole on the date specified by the board,
but not earlier than the date the inmate offender is eligible for parole under subsections (a),
(b) and (c). At each parole hearing and, if parole is not granted, at such intervals thereafter
as it determines appropriate, the Kansas parole board shall consider: (1) Whether the inmate offender has satisfactorily completed the programs required by any agreement entered under
K.S.A. 75-5210a and amendments thereto, or any revision of such agreement; and (2) all
pertinent information regarding such inmate offender, including, but not limited to, the
circumstances of the offense of the inmate offender; the presentence report; the previous
social history and criminal record of the inmate offender; the conduct, employment, and
attitude of the inmate offender in prison; the reports of such physical and mental exami-
nations as have been made; comments of the victim and the victim's family; comments of
the public; official comments; and capacity of state correctional institutions.
(i) In those cases involving inmates offenders sentenced for a crime committed after
July 1, 1993, the parole board will a parole board member shall review the inmates offender's
proposed release plan. The board may schedule a hearing if they desire the board so desires.
The board may impose any condition they deem necessary to insure public safety, aid in
the reintegration of the inmate offender into the community, or items not completed under
the agreement entered into under K.S.A. 75-5210a and amendments thereto. The board
may not advance or delay an inmate's offender's release date. Every inmate offender while
on postrelease supervision shall remain in the legal custody of the secretary of corrections
and is subject to the orders of the secretary.
(j) Before ordering the parole of any inmate offender, the Kansas parole board shall
have the inmate offender appear before either in person or via a video conferencing format
and shall interview the inmate offender unless impractical because of the inmate's offender's
physical or mental condition or absence from the institution. Every inmate offenders while
on parole shall remain in the legal custody of the secretary of corrections and is subject to
the orders of the secretary. Whenever the Kansas parole board formally considers placing
an inmate offender on parole and no agreement has been entered into with the inmate offender under K.S.A. 75-5210a and amendments thereto, the board shall notify the inmate offender in writing of the reasons for not granting parole. If an agreement has been entered
under K.S.A. 75-5210a and amendments thereto and the inmate offender has not satisfac-
torily completed the programs specified in the agreement, or any revision of such agreement,
the board shall notify the inmate offender in writing of the specific programs the inmate offender must satisfactorily complete before parole will be granted. If parole is not granted
only because of a failure to satisfactorily complete such programs, the board shall grant
parole upon the secretary's certification that the inmate offender has successfully completed
such programs. If an agreement has been entered under K.S.A. 75-5210a and amendments
thereto and the secretary of corrections has reported to the board in writing that the inmate offender has satisfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program participation. However, if the
board determines that other pertinent information regarding the inmate offenders warrants
the inmate's offender's not being released on parole, the board shall state in writing the
reasons for not granting the parole. If parole is denied for an inmate offender sentenced for
a crime other than a class A or class B felony or an off-grid felony, the board shall hold
another parole hearing for the inmate offender not later than one year after the denial unless
the parole board finds that it is not reasonable to expect that parole would be granted at a
hearing if held in the next three years or during the interim period of a deferral. In such
case, the parole board may defer subsequent parole hearings for up to three years but any
such deferral by the board shall require the board to state the basis for its findings. If parole
is denied for an inmate offender sentenced for a class A or class B felony or an off-grid
felony, the board shall hold another parole hearing for the inmate offender not later than
three years after the denial unless the parole board finds that it is not reasonable to expect
that parole would be granted at a hearing if held in the next 10 years or during the interim
period of a deferral. In such case, the parole board may defer subsequent parole hearings
for up to 10 years but any such deferral shall require the board to state the basis for its
findings.
(k) Parolees and persons on postrelease supervision shall be assigned, upon release, to
the appropriate level of supervision pursuant to the criteria established by the secretary of
corrections.
(l) The Kansas parole board shall adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amendments thereto, not inconsistent with the law and as it may deem
proper or necessary, with respect to the conduct of parole hearings, postrelease supervision
reviews, revocation hearings, orders of restitution, reimbursement of expenditures by the
state board of indigents' defense services and other conditions to be imposed upon parolees
or releasees. Whenever an order for parole or postrelease supervision is issued it shall recite
the conditions thereof.
(m) Whenever the Kansas parole board orders the parole of an inmate offender or
establishes conditions for an inmate offender placed on postrelease supervision, the board:
(1) Unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order as a condition of parole or postrelease supervision that the parolee
or the person on postrelease supervision pay any transportation expenses resulting from
returning the parolee or the person on postrelease supervision to this state to answer criminal
charges or a warrant for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease supervision;
(2) to the extent practicable, shall order as a condition of parole or postrelease super-
vision that the parolee or the person on postrelease supervision make progress towards or
successfully complete the equivalent of a secondary education if the inmate offender has
not previously completed such educational equivalent and is capable of doing so;
(3) may order that the parolee or person on postrelease supervision perform community
or public service work for local governmental agencies, private corporations organized
not-for-profit or charitable or social service organizations performing services for the com-
munity;
(4) may order the parolee or person on postrelease supervision to pay the administrative
fee imposed pursuant to K.S.A. 1997 Supp. 22-4529 unless the board finds compelling
circumstances which would render payment unworkable; and
(5) unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order that the parolee or person on postrelease supervision reimburse the
state for all or part of the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of the financial re-
sources of the person and the nature of the burden that the payment of such sum will
impose. Such amount shall not exceed the amount claimed by appointed counsel on the
payment voucher for indigents' defense services or the amount prescribed by the board of
indigents' defense services reimbursement tables as provided in K.S.A. 22-4522 and amend-
ments thereto, whichever is less, minus any previous payments for such services.
(n) If the court which sentenced an inmate offender specified at the time of sentencing
the amount and the recipient of any restitution ordered as a condition of parole or post-
release supervision, the Kansas parole board shall order as a condition of parole or post-
release supervision that the inmate offender pay restitution in the amount and manner
provided in the journal entry unless the board finds compelling circumstances which would
render a plan of restitution unworkable.
(o) Whenever the Kansas parole board grants the parole of an inmate offender, the
board, within 10 days of the date of the decision to grant parole, shall give written notice
of the decision to the county or district attorney of the county where the inmate offender
was sentenced.
(p) When an inmate offender is to be released on postrelease supervision, the secretary,
within 30 days prior to release, shall provide the county or district attorney of the county
where the inmate offender was sentenced written notice of the release date.
(q) Inmates Offenders shall be released on postrelease supervision upon the termination
of the prison portion of their sentence. Time served while on postrelease supervision will
vest.
(r) An inmate offender who is allocated regular good time credits as provided in K.S.A.
22-3725 and amendments thereto may receive meritorious good time credits in increments
of not more than 90 days per meritorious act. These credits may be awarded by the secretary
of corrections when an inmate offender has acted in a heroic or outstanding manner in
coming to the assistance of another person in a life threatening situation, preventing injury
or death to a person, preventing the destruction of property or taking actions which result
in a financial savings to the state.
Sec. 5. K.S.A. 75-5217 is hereby amended to read as follows: 75-5217. (a) At any time
during release on parole, conditional release or postrelease supervision, the secretary of
corrections may issue a warrant for the arrest of a released inmate offender for violation of
any of the conditions of release, or a notice to appear to answer to a charge of violation.
Such notice shall be served personally upon the released inmate offender. The warrant shall
authorize any law enforcement officer to arrest and deliver the released inmate offender to
a place as provided by subsection (f). Any parole officer may arrest such released inmate offender without a warrant, or may deputize any other officer with power of arrest to do so
by giving such officer a written arrest and detain order setting forth that the released inmate offender has, in the judgment of the parole officer, violated the conditions of the inmate's offender's release. The written arrest and detain order delivered with the released inmate offender by the arresting officer to the official in charge of the institution or place to which
the released inmate offender is brought for detention shall be sufficient warrant for detaining
the inmate offender. After making an arrest the parole officer shall present to the detaining
authorities a similar arrest and detain order and statement of the circumstances of violation.
Pending hearing, as hereinafter provided, upon any charge of violation the released inmate offender shall remain incarcerated in the institution or place to which the inmate offender
is taken for detention.
(b) Upon such arrest and detention, the parole officer shall notify the secretary of cor-
rections, or the secretary's designee, within five days and shall submit in writing a report
showing in what manner the released inmate offender had violated the conditions of release.
After such notification is given to the secretary of corrections, or upon an arrest by warrant
as herein provided, and the finding of probable cause pursuant to procedures established
by the secretary of a violation of the released inmate's offender's conditions of release, the
secretary shall cause the released inmate offender to be brought before the Kansas parole
board, its designee or designees, for a hearing on the violation charged, under such rules
and regulations as the board may adopt. It is within the discretion of the Kansas parole
board whether such hearing requires the released inmate offender to appear personally
before the board when such inmate's offender's violation results from a conviction for a new
felony or misdemeanor. An offender under determinate sentencing may waive the right to a final revocation hearing before the Kansas parole board under such conditions and terms as may be prescribed by rules and regulations of the Kansas parole board. Relevant written
statements made under oath shall be admitted and considered by the Kansas parole board,
its designee or designees, along with other evidence presented at the hearing. If the violation
is established to the satisfaction of the Kansas parole board, the board may continue or
revoke the parole or conditional release, or enter such other order as the board may see fit. Revocations The revocation of release of inmates each offender who are is on a specified
period of postrelease supervision shall be for a 180-day period of confinement from either
the date of the revocation hearing before the board or the effective date of waiver of such hearing by the offender pursuant to rules and regulations of the Kansas parole board, if the
violation does not result from a conviction for a new felony or misdemeanor. Such period
of confinement may be reduced by not more than 90 days based on the inmate's offender's
conduct, work and program participating during the incarceration period. The reduction in
the incarceration period shall be on an earned basis pursuant to rules and regulations
adopted by the secretary of corrections.
(c) If the violation does result from a conviction for a new felony or misdemeanor, upon
revocation the inmate offender shall serve the entire remaining balance of the period of
postrelease supervision even if the new conviction did not result in the imposition of a new
term of imprisonment.
(d) In the event the released inmate offender reaches conditional release date as pro-
vided by K.S.A. 22-3718 and amendments thereto after a finding of probable cause, pursuant
to procedures established by the secretary of corrections of a violation of the released in- mate's offender's conditions of release, but prior to a hearing before the Kansas parole board,
the secretary of corrections shall be authorized to detain the inmate offender until the
hearing by the Kansas parole board. The secretary shall then enforce the order issued by
the Kansas parole board.
(e) If the secretary of corrections issues a warrant for the arrest of a released inmate offender for violation of any of the conditions of release and the released inmate offender is
subsequently arrested in the state of Kansas, either pursuant to the warrant issued by the
secretary of corrections or for any other reason, the released inmate's offender's sentence
shall not be credited with the period of time from the date of the issuance of the secretary's
warrant to the date of the released inmate's offender's arrest.
If a released inmate offender for whom a warrant has been issued by the secretary of
corrections for violation of the conditions of release is subsequently arrested in another
state, and the released inmate offender has been authorized as a condition of such inmate's offender's release to reside in or travel to the state in which the released inmate offender
was arrested, and the released inmate offender has not absconded from supervision, the
released inmate's offender's sentence shall not be credited with the period of time from the
date of the issuance of the warrant to the date of the released inmate's offender's arrest. If
the released inmate offender for whom a warrant has been issued by the secretary of cor-
rections for violation of the conditions of release is subsequently arrested in another state
for reasons other than the secretary's warrant and the released inmate offender does not
have authorization to be in the other state or if authorized to be in the other state has been
charged by the secretary with having absconded from supervision, the released inmate's offender's sentence shall not be credited with the period of time from the date of the issuance
of the warrant by the secretary to the date the released inmate offender is first available to
be returned to the state of Kansas. If the released inmate offender for whom a warrant has
been issued by the secretary of corrections for violation of a condition of release is subse-
quently arrested in another state pursuant only to the secretary's warrant, the released inmate's offender's sentence shall not be credited with the period of time from the date of
the issuance of the secretary's warrant to the date of the released inmate's offender's arrest,
regardless of whether the released inmate's offender's presence in the other state was au-
thorized or the released inmate offender had absconded from supervision.
The secretary may issue a warrant for the arrest of a released inmate offender for violation
of any of the conditions of release and may direct that all reasonable means to serve the
warrant and detain such released inmate offender be employed including but not limited to
notifying the federal bureau of investigation of such violation and issuance of warrant and
requesting from the federal bureau of investigation any pertinent information it may possess
concerning the whereabouts of the released inmate offender.
(f) Law enforcement officers shall execute warrants issued by the secretary of correc-
tions pursuant to subsection (a) or (d), and shall deliver the inmate offender named therein
to the jail used by the county where the inmate offender is arrested unless some other place
is designated by the secretary, in the same manner as for the execution of any arrest war-
rant.'';
And by renumbering sections accordingly;
Also on page 3, in line 27, by striking ``is'' and inserting ``and 75-5217 and K.S.A. 1997
Supp. 22-3707, 22-3709, 22-3713 and 22-3717 are''; in line 29, by striking ``statute book''
and inserting ``Kansas register'';
On page 1, in the title in line 10, by striking ``municipalities'' and by inserting ``govern-
ment''; in line 11, after ``employees'' by inserting ``of municipalities''; also in line 11, after
the semicolon, by inserting ``Kansas parole board, hearings, composition and procedures
thereof;''; in line 12, after ``12-105b'' by inserting ``and 75-5217 and K.S.A. 1997 Supp. 22-
3707, 22-3709, 22-3713 and 22-3717''; also in line 12, by striking ``section'' and inserting
``sections'', and the bill be passed as amended.
HB 2799 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Salisbury on page 4, in line 17, by striking ``and peer review'';
in line 43, by striking ``peer'' and inserting ``utilization'';
On page 5, in line 18, by striking ``utilization''; in line 19, by striking ``review or''; in line
33, by striking ``and peer review''; in line 34, by striking ``peer'' and inserting ``utilization'';
Also on page 8, after line 33, by inserting additional sections as follows:
``Sec. 3. K.S.A. 1997 Supp. 44-534 is hereby amended to read as follows: 44-534. (a)
Whenever the employer, worker, Kansas workers compensation fund or insurance carrier
cannot agree upon the worker's right to compensation under the workers compensation act
or upon any issue in regard to workers compensation benefits due the injured worker there-
under, the employer, worker, Kansas worker's compensation fund or insurance carrier may
apply in writing to the director for a determination of the benefits or compensation due or
claimed to be due. The application shall be in the form prescribed by the rules and regu-
lations of the director and shall set forth the substantial and material facts in relation to the
claim. Whenever an application is filed under this section, the matter shall be assigned to
an administrative law judge. The director shall forthwith mail a certified copy of the appli-
cation to the adverse party. The administrative law judge shall proceed, upon due and
reasonable notice to the parties, which shall not be less than 20 days, to hear all evidence
in relation thereto and to make findings concerning the amount of compensation, if any due
to the worker.
(b) No proceeding for compensation shall be maintained under the workers compen-
sation act unless an application for a hearing is on file in the office of the director within
three years of the date of the accident or within two years of the date of the last payment
of compensation, whichever is later.
Sec. 4. K.S.A. 1997 Supp. 44-556 is hereby amended to read as follows: 44-556. (a) Any
action of the board pursuant to the workers compensation act, other than the disposition of
appeals of preliminary orders or awards under K.S.A. 44-534a and amendments thereto,
shall be subject to review in accordance with the act for judicial review and civil enforcement
of agency actions by appeal directly to the court of appeals. Any party may appeal from a
final order of the board by filing an appeal with the court of appeals within 30 days of the
date of the final order. Such review shall be upon questions of law.
(b) Commencement of an action for review by the court of appeals shall not stay the
payment of compensation due for the ten-week period next preceding the board's decision
and for the period of time after the board's decision and prior to the decision of the court
of appeals on review.
(c) If review is sought on any order entered under the workers compensation act prior
to October 1, 1993, such review shall be in accordance with the provisions of K.S.A. 44-551
and this section, and any other applicable procedural provisions of the workers compensation
act, as all such provisions existed prior to amendment by this act on July 1, 1993.
(d) (1) If compensation, including medical benefits, temporary total disability benefits
or vocational rehabilitation benefits, has been paid to the worker by the employer or the
employer's insurance carrier during the pendency of review under this section and the
amount of compensation awarded by the board is reduced or totally disallowed by the
decision on the appeal or review, the employer and the employer's insurance carrier, except
as otherwise provided in this section, shall be reimbursed from the workers compensation
fund established in K.S.A. 44-566a and amendments thereto for all amounts of compensation
so paid which are in excess of the amount of compensation that the worker is entitled to as
determined by the final decision on review. The director shall determine the amount of
compensation paid by the employer or insurance carrier which is to be reimbursed under
this subsection (d)(1), and the director shall certify to the commissioner of insurance the
amount so determined. Upon receipt of such certification, the commissioner of insurance
shall cause payment to be made to the employer or the employer's insurance carrier in
accordance therewith.
(2) If any temporary or permanent partial disability or temporary or permanent total
disability benefits have been paid to the worker by the employer or the employer's insurance
carrier during the pendency of review under this section and the amount of compensation
awarded for such benefits by the board is reduced by the decision on the appeal or review
and the balance of compensation due the worker exceeds the amount of such reduction,
the employer and the employer's insurance carrier shall receive a credit which shall be
applied as provided in this subsection (d)(2) for all amounts of such benefits which are in
excess of the amount of such benefits that the worker is entitled to as determined by the
final decision on review or appeal. If a lump-sum amount of compensation is due and owing
as a result of the decision of the court of appeals, the credit under this subsection (d)(2)
shall be applied first against such lump-sum amount. If there is no such lump-sum amount
or if there is any remaining credit after a credit has been applied to a lump-sum amount
due and owing, such credit shall be applied against the last compensation payments which
are payable for a period of time after the final decision on review or appeal so that the
worker continues to receive compensation payments after such final decision until no further
compensation is payable after the credit has been satisfied. The credit allowed under this
subsection (d)(2) shall not be applied so as to stop or reduce benefit payments after such
final decision, but shall be used to reduce the period of time over which benefit payments
are payable after such final decision. The provisions of this subsection (d)(2) shall be appli-
cable in all cases under the workers compensation act in which a final award is issued by
an administrative law judge on or after July 1, 1990.
(e) If compensation, including medical benefits, temporary total disability benefits or
vocational rehabilitation benefits, has been paid to the worker by the employer, the em-
ployer's insurance carrier or the workers compensation fund during the pendency of review
under this section, and pursuant to K.S.A. 44-534a or K.S.A. 44-551, and amendments thereto, and the employer, the employer's insurance carrier or the workers compensation
fund, which was held liable for and ordered to pay all or part of the amount of compensation
awarded by the administrative law judge or board, is held not liable by the final decision
on the appeal or review by either the board or an appellate court for the compensation paid
or is held liable on such appeal or review to pay an amount of compensation which is less
than the amount paid pursuant to the award, then the employer, employer's insurance
carrier or workers compensation fund shall be reimbursed by the party or parties which
were held liable on such appeal or review to pay the amount of compensation to the worker
that was erroneously ordered paid. The director shall determine the amount of compensa-
tion which is to be reimbursed to each party under this subsection, if any, in accordance
with the final decision on the appeal or review and shall certify each such amount to be
reimbursed to the party required to pay the amount or amounts of such reimbursement.
Upon receipt of such certification, the party required to make the reimbursement shall pay
the amount or amounts required to be paid in accordance with such certification. No worker
shall be required to make reimbursement under this subsection or subsection (d).
(f) As used in subsections (d) and (e), ``employers' insurance carrier'' includes any qual-
ified group-funded workers compensation pool under K.S.A. 44-581 through 44-591 and
amendments thereto or a group-funded pool under the Kansas municipal group-funded
pool act which includes workers compensation and employers' liability under the workers
compensation act.
(g) In any case in which any review is sought under this section and in which the com-
pensability is not an issue to be decided on review, medical compensation shall be payable
and shall not be stayed pending such review. The worker may proceed under K.S.A. 44-
534a and amendments thereto and may have a hearing in accordance with that statute to
enforce the provisions of this subsection.'';
And by renumbering the sections accordingly;
On page 15, in line 22, by striking ``any payment of compensation under the''; in line 23,
by striking ``act'' and inserting ``benefits''; also in line 23, after ``person'', by inserting ``or
another,''; in line 24, by striking the semicolon; by striking all in lines 25 through 30; in line
31, by striking all before ``by''; also in line 31, by striking ``, in any such case,''; in line 33,
by striking the second ``or''; in line 34, by striking all after ``(D)''; in line 35, by striking
``while''; in line 36, by striking all after ``entitled'' and inserting ``, while employed, or''; in
line 37, by striking all before ``with'' and inserting ``(E) conspiring''; in line 40, by striking
``(A)'' and inserting ``(i)'';
On page 16, in line 2, by striking ``(B)'' and inserting ``(ii)''; in line 4, by striking ``(C)''
and inserting ``(iii)''; in line 6, by striking ``(D)'' and inserting ``(iv)''; in line 8, by striking
``(E)'' and inserting ``(v)''
On page 17, in line 10, after ``44-510,'' by inserting ``44-534, 44-556,'';
In the title, in line 12, after ``510,'' by inserting ``44-534, 44-556,'', and the bill be passed
as further amended.
March 27, 1998
On motion of Senator Emert, the Senate recessed until 1:30 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 693, An act concerning the secretary of health and environment; reporting of infor-
mation concerning HIV and AIDS; contact tracing; amending K.S.A. 65-6003 and K.S.A.
1997 Supp. 65-6002 and repealing the existing sections, by Committee on Ways and Means.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2603, 2969, 3007, 3014.
Also, passage ofSB 439, as amended by House Substitute for SB 439; SB 489, as amended, 495, as amended, 535, as amended, 554, as amended, 556, as amended, 593, as amended, 677 as amended.
Passage ofSB 129, 421, 487, 518.
The House nonconcurs in Senate amendments toHB 2584, requests a conference and has
appointed Representatives Phill Kline, Powell and Larkin as conferees on the part of the
House.
The House nonconcurs in Senate amendments toHB 2627 requests a conference and
has appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.
The House nonconcurs in Senate amendments toHB 2678 requests a conference and
has appointed Representatives Hayzlett, Howell and Dillonas conferees on the part of the
House.
The House nonconcurs in Senate amendments toHB 2689 requests a conference and
has appointed Representatives Hayzlett, Howell and Dillonas conferees on the part of the
House.
The House nonconcurs in Senate amendments toHB 2590 requests a conference and
has appointed Representatives Mason, Vickrey and Henderson as conferees on the part of
the House.
The House concurs in Senate amendments to Substitute HB 2640.
The House concurs in Senate amendments to HB 2676.
The House concurs in Senate amendments to HB 2685.
The House concurs in Senate amendments to HB 2743.
The House concurs in Senate amendments to HB 2792.
The House concurs in Senate amendments to HB 2933.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2603, 2969, 3007, 3014 were thereupon introduced and read by title.
CHANGE OF REFERENCE
The President withdrewHB 2531 from the calendar under the heading of General Or-
ders, and referred the bill to the Committee on Ways and Means.
The President withdrew HB 2312, 2422, 2860 from the Committee on Judiciary, and
referred the bills to the Committee on Ways and Means.
The President withdrewHB 2925 from the Committee on Energy and Natural Re-
sources, and referred the bill to the Committee on Ways and Means.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Lee moved the Senate concur in house amendments to SB 493.
SB 493, An act enacting the Kansas Tax Reduction and Reform Act of 1998; amending
K.S.A. 79-201t, 79-201w, 79-201x, 79-213, 79-1541a, 79-1541b, 79-1542, 79-1564, 79-1569,
79-1570, 79-1571, 79-1572, 79-1574, 79-1575, 79-1576, 79-1579, 79-1580, 79-1587, 79-
3235, 79-32,110, 79-32,117, 79-32,117h, 79-32,119, 79-32,121, 79-3602, 79-3603, 79-3606,
as amended by section 27 of 1998 Senate Bill No. 373, 79-3617, 79-3619, 79-3633, 79-3635
and 79-4217 and K.S.A. 1997 Supp. 72-6431 and repealing the existing sections; also re-
pealing K.S.A. 79-1537, 79-1537b, 79-1537c, 79-1537e, 79-1537f, 79-1538, 79-1538a, 79-
1539, 79-1540, 79-1541, 79-1542a, 79-1543, 79-1545, 79-1547, 79-1548, 79-1549, 79-1550,
79-1551, 79-1552, 79-1553, 79-1554, 79-1555, 79-1556, 79-1557, 79-1557a, 79-1559,
79-1560, 79-1561, 79-1562, 79-1563, 79-1563a, 79-1565, 79-1566, 79-1567, 79-1567a, 79-
1568, 79-1573, 79-1584, 79-1584a, 79-1584b, 79-1584c, 79-1585, 79-1586 and 79-32,117I.
On roll call, the vote was: Yeas 13, nays 27, present and passing 0; absent or not voting
0.
The motion to concur failed and SB 493 remains in conference.
Senator Emert moved the Senate concur in house amendments to SB 593.
SB 593, An act concerning the vehicle dealers and manufacturers licensing act; relating
to denial, suspension or revocation of license; prohibited acts; amending K.S.A. 8-2416 and
K.S.A. 1997 Supp. 8-2410 and repealing the existing sections.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
On motion of Senator Steffes the Senate nonconcurred in the House amendments to H Sub. for SB 439 and requested a conference committee be appointed.
The President appointed Senators Steffes, Praeger and Feleciano as a conference com-
mittee on the part of the Senate.
On motion of Senator Vidricksen the Senate nonconcurred in the House amendments to SB 489 and requested a conference committee be appointed.
The President appointed Senators Vidricksen, Jordan and Gilstrap as a conference com-
mittee on the part of the Senate.
On motion of Senator Kerr the Senate nonconcurred in the House amendments toSB 495 and requested a conference committee be appointed.
The President appointed Senators Kerr, Salisbury and Gilstrap as a conference committee
on the part of the Senate.
On motion of Senator Praeger the Senate nonconcurred in the House amendments to SB 535 and requested a conference committee be appointed.
The President appointed Senators Praeger, Salmans and Steineger as a conference com-
mittee on the part of the Senate.
On motion of Senator Salisbury the Senate nonconcurred in the House amendments to SB 554 and requested a conference committee be appointed.
The President appointed Senators Salisbury, Ranson and Barone as a conference com-
mittee on the part of the Senate.
REPORTS OF STANDING COMMITTEES
Committee on Commerce recommends SB 666 be amended by substituting a new bill
to be designated as ``Substitute for SENATE BILL No. 666,'' as follows:
``Substitute for SENATE BILL No. 666
By Committee on Commerce
``AN ACT concerning the Kansas universal service fund; implementing measures to limit
fund contributions and establishing a working committee to examine issues related to
the fund; amending K.S.A. 1997 Supp. 66-2008 and 66-2011 and repealing the existing
sections.''; and the substitute bill be passed.
Committee on Federal and State Affairs recommends HB 2726, as amended by
House Committee of the Whole, be amended on page 1, by striking all in lines 21 through
43;
On page 2, by striking all in lines 1 through 43;
On page 3, by striking all in lines 1 through 23; in line 24, by striking ``Sec. 3.'' and
inserting ``Section 1.'';
By renumbering sections 4 through 7 as sections 2 through 5, respectively;
Also on page 3, in line 41, by striking ``and traffic offense'';
On page 4, in line 5, by striking ``or traffic''; in line 6, by striking ``offense''; in line 10, by
striking all after ``meanor'' and inserting ``cases.'';
On page 5, in line 1, by striking all after ``$25''; in line 2, by striking all before the period;
in line 7, by striking all before ``misdemeanor''; in line 21, by striking all before ``shall''; in
line 38, by striking ``or traffic offense'';
On page 6, following line 42, by inserting:
``Sec. 6. K.S.A. 22-3609 is hereby amended to read as follows: 22-3609. (1) The de-
fendant shall have the right to appeal to the district court of the county from any judgment
of a municipal court which adjudges the defendant guilty of a violation of the ordinances of
any municipality of Kansas. The appeal shall be assigned by the administrative judge to a
district judge. The appeal shall stay all further proceedings upon the judgment appealed
from.
(2) An appeal to the district court shall be taken by filing, in the district court of the
county in which the municipal court is located, a notice of appeal and any appearance bond
required by the municipal court. Municipal court clerks are hereby authorized to accept
notices of appeal and appearance bonds under this subsection and shall forward such notices
and bonds to the district court. No appeal shall be taken more than 10 days after the date
of the judgment appealed from.
(3) The notice of appeal shall designate the judgment or part of the judgment appealed
from. The defendant shall cause notice of the appeal to be served upon the city attorney
prosecuting the case. The judge whose judgment is appealed from or the clerk of the court,
if there is one, shall certify the complaint and warrant to the district court of the county,
but failure to do so shall not affect the validity of the appeal.
(4) Except as provided herein, the trial of municipal appeal cases shall be to the court
unless a jury trial is requested in writing by the defendant not later than seven days after
first notice of trial assignment is given to the defendant or such defendant's counsel. The
time requirement provided in this subsection regarding when a jury trial shall be requested
may be waived in the discretion of the court upon a finding that imposing such time re-
quirement would cause undue hardship or prejudice to the defendant. A jury in a municipal
appeal case shall consist of six members. All appeals taken by a defendant from a municipal judge in cigarette or tobacco infraction or traffic infraction cases shall be tried by the court.
(5) Notwithstanding the other provisions of this section, appeal from a conviction ren-
dered pursuant to subsection (b) of K.S.A. 12-4416, and amendments thereto, shall be
conducted only on the record of the stipulation of facts relating to the complaint.'';
By renumbering sections accordingly;
On page 7, by striking all in line 15 and inserting ``in misde-''; in line 17, following the
period, by inserting ``All appeals taken by a defendant from a district magistrate judge in
traffic infraction and cigarette or tobacco infraction cases shall be to the court.'';
On page 9, by striking all in lines 19 through 23; in line 24, by striking all before the
period;
On page 10, by striking all in lines 41, 42 and 43;
On page 11, by striking all in lines 1 through 5; in line 31, by striking all after ``$25''; by
striking all in lines 32 through 35; in line 36, by striking ``products''; by striking all in lines
37 through 43;
On page 12, by striking all in lines 1 through 28;
By renumbering sections accordingly;
Also on page 12, in line 29, after ``K.S.A.'' by inserting ``22-3609,''; in line 30, by striking
``12-4214, 12-4305,'';
In the title, in line 13, by striking ``dis-''; by striking all in lines 14 and 15; in line 16, by
striking all before ``amending''; also in line 16, after ``K.S.A.'' by inserting ``22-3609,''; in line
17, by striking ``12-4214, 12-4305,''; and the bill be passed as amended.
Also Substitute for HB 2972, as amended by House Committee of the Whole, be
amended on page 9, by striking all in line 1 and inserting:
``Sec. 3. K.S.A. 74-8705 is hereby amended to read as follows: 74-8705. (a) Major pro-
curement contracts shall be awarded in accordance with K.S.A. 75-3738 through 75-3744,
and amendments thereto, or subsection (b), as determined by the director, except that:
(1) The contract or contracts for the initial lease of facilities for the Kansas lottery shall
be awarded upon the evaluation and approval of the director, the secretary of administration
and the director of architectural services;
(2) The commission shall designate certain major procurement contracts or portions
thereof to be awarded, in accordance with rules and regulations of the commission, solely
to minority business enterprises.
(b) The director may award any major procurement contract by use of a procurement
negotiating committee. Such committee shall be composed of: (1) The executive director
or a Kansas lottery employee designated by the executive director; (2) the chairperson of
the commission or a commission member designated by the chairperson; and (3) the director
of the division of purchases or an employee of such division designated by the director.
Prior to negotiating a major procurement contract, the committee shall solicit bids or pro-
posals thereon. The division of purchases shall provide staff support for the committee's
solicitations. Upon receipt of bids or proposals, the committee may negotiate with one or
more of the persons submitting such bids or proposals and select from among such persons
the person to whom the contract is awarded. Such procurements shall be open and com-
petitive and shall consider relevant factors, including security, competence, experience,
timely performance and maximization of net revenues to the state. If a procurement ne-
gotiating committee is utilized, the provisions of K.S.A. 75-3738 through 75-3744, and
amendments thereto, shall not apply. Meetings conducted by the procurement negotiating
committee shall be exempt from the provisions of the Kansas open meeting act, K.S.A.
75-4317 through 75-4320a, and amendments thereto.
(c) Before a major procurement contract is awarded, the executive director shall con-
duct a background investigation of: (1) The vendor to whom the contract is to be awarded;
(2) all officers and directors of such vendor; (3) all persons who own a 5% or more interest
in such vendor; (4) all persons who own a controlling interest in such vendor; and (5) any
subsidiary or other business in which such vendor owns a controlling interest. The vendor
shall submit appropriate investigation authorizations to facilitate such investigation. The
executive director may require, in accordance with rules and regulations of the commission,
that a vendor submit any additional information considered appropriate to preserve the
integrity and security of the lottery. In addition, the executive director may conduct a back-
ground investigation of any person having a beneficial interest in a vendor. The secretary
of revenue, securities commissioner, attorney general and director of the Kansas bureau of
investigation shall assist in any investigation pursuant to this subsection upon request of the
executive director. Whenever the secretary of revenue, securities commissioner, attorney
general or director of the Kansas bureau of investigation assists in such an investigation and
incurs costs in addition to those attributable to the operations of the office or bureau, such
additional costs shall be paid by the Kansas lottery. The furnishing of assistance in such an
investigation shall be a transaction between the Kansas lottery and the respective officer
and shall be settled in accordance with K.S.A. 75-5516, and amendments thereto.
Upon the request of the chairperson, the Kansas bureau of investigation and other criminal justice agencies shall provide to the chairperson all background investigation information including criminal history record information, arrest and nonconviction data, criminal in- telligence information and information relating to criminal and background investigations of a vendor to whom a major procurement contract is to be awarded. Such information, other than conviction data, shall be confidential and shall not be disclosed, except as provided in this section. In addition to any other penalty provided by law, disclosure of such infor- mation shall be grounds for removal from office or termination of employment.
(d) All major procurement contracts shall be subject to approval of the commission.
Sec. 4. K.S.A. 1997 Supp. 74-8709 is hereby amended to read as follows: 74-8709. (a)
There is hereby created the Kansas lottery commission, which shall be composed of five
members who shall be appointed by the governor, subject to confirmation by the senate as
provided by K.S.A. 75-4315b and amendments thereto. Except as provided by K.S.A. 1997
Supp. 46-2601, and amendments thereto, no person appointed to the commission shall ex-
ercise any power, duty or function as a member of the commission until confirmed by the
senate. All members of the commission shall be citizens of the United States and residents
of this state. Not more than three of the five members shall be members of the same political
party. A chairperson of the commission shall be designated by the governor from the mem-
bership of the commission.
(b) Except as provided by subsection (c), the members of the commission shall serve
for terms of four years and until their successors are appointed and confirmed, except that
the members first appointed shall serve for terms designated by the governor as follows:
One member shall serve for a term of one year, one shall serve for a term of two years, one
shall serve for a term of three years and two shall serve for terms of four years. Any vacancy
occurring in the membership of the commission shall be filled in the same manner as the
original appointment for the remainder of the unexpired term.
(c) The terms of members who are serving on the commission on the effective date of
this act shall expire on March 15, of the year in which such member's term would have
expired under the provisions of this section prior to amendment by this act. Thereafter,
members shall be appointed for terms of four years and until their successors are appointed
and confirmed.
(d) The commission shall hold at least four regular meetings each year and such addi-
tional meetings as the chairperson deems desirable. Special meetings shall be called by the
chairperson upon written request of the executive director or any three members of the
commission. All meetings shall be held at a place and time fixed by the chairperson. A
majority of the members of the commission shall constitute a quorum to transact its business.
(e) The commission shall consult with and advise the executive director relating to the
operation of the state lottery, shall assist the director in the establishment of policies and
shall review and approve the proposed annual budget for the Kansas lottery prepared by
the executive director, subject to all state laws governing budget procedures for state agen-
cies.
(f) The commission, in conjunction with the executive director, shall make an ongoing
study of the operation and administration of lotteries in operation in other states or countries,
of available literature on the subject, of federal laws and regulations which may affect the
operation of the lottery and of the reaction of citizens of this state to existing or proposed
features of lottery games, with a view toward implementing improvements that will tend to
serve the purposes of this act.
(g) Major procurements recommended by the executive director shall be subject to the
approval of the commission.
(h) The commission may enter into written agreements with one or more other states
or corporations made up of representatives of one or more other states' lotteries and par-
ticipate in the operation, marketing and promotion of a joint lottery or joint lottery games,
conforming to the provisions of this act, which agreements shall not be subject to the pro-
visions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
(i) Subject to the limitations of appropriations therefor, members of the commission shall receive such compensation as determined by the governor. Members of the commission
attending meetings of the commission or subcommittee meetings thereof approved by the
commission shall be paid compensation, subsistence allowances, mileage and other expenses
as provided in K.S.A. 75-3223, and amendments thereto. In addition, the chairperson of the
commission, or the member of the commission designated by the chairperson to serve on
a procurement negotiating committee, shall be paid amounts equal to amounts provided by
K.S.A. 75-3223, and amendments thereto, for compensation, subsistence allowances, mile-
age and other expenses for attendance at meetings of a procurement negotiating committee
pursuant to K.S.A. 74-8705, and amendments thereto.
Sec. 5. K.S.A. 74-8705 and K.S.A. 1997 Supp. 39-970, 65-5117 and 74-8709 are hereby
repealed.'';
By renumbering sections accordingly;
In the title, by striking all in lines 10, 11 and 12 and inserting:
``AN ACT concerning certain state officers and employees; relating to powers and duties
thereof; relating to background checks on certain employees; amending K.S.A. 74-8705 and
K.S.A. 1997 Supp. 39-970, 65-5117 and 74-8709 and repealing the existing sections.''; and
the bill be passed as amended.
Committee on Ways and Means recommends Substitute for HB 2704 be amended
on page 1, in line 39, by striking all after the period; by striking all of lines 40, 41 and 42;
On page 4, in line 27, by striking ``office'' and inserting ``position'';
On page 5, in line 33, by striking the second ``office'' and inserting ``position'';
On page 6, in line 34, by striking ``office'' and inserting ``position''; in line 35, after ``officer''
by inserting ``under the legislative coordinating council, to be a separate legislative agency
or to be attached to another legislative agency, as determined by the legislative coordinating
council''; in line 36, by striking all after ``(b)''; by striking all of lines 37 through 42; in line
43, by striking all before ``legislative'' and inserting ``The'';
On page 7, in line 2, by striking all after ``council'' by striking all of lines 3 through 11; in
line 12, by striking all before the period and inserting ``. The joint committee may recom-
mend one or more persons for consideration by the legislative coordinating council in mak-
ing the appointment''; by striking all of lines 17 through 20; in line 21, by striking ``(e)'' and
inserting ``(d)''; also in line 21, by striking all after ``officer''; by striking all of line 22; in line
23, by striking all before ``shall''; in line 25, by striking all after the period; by striking all of
lines 26 and 27; in line 28, by striking all before ``The''; in line 31, by striking ``(f)'' and
inserting ``(e)''; also in line 31, by striking all after ``officer''; by striking all of line 32; in line
34, before ``The'' by inserting ``(a)''; in line 36, by striking ``(a)'' and inserting ``(1)''; in line
41, by striking ``(1)'' and inserting ``(A)''; in line 43, by striking ``(2)'' and inserting ``(B)'';
On page 8, in line 2, by striking ``(3)'' and inserting ``(C)''; in line 3, by striking ``(4)'' and
inserting ``(D)''; in line 6, by striking ``(b)'' and inserting ``(2)''; in line 9, by striking ``(c)''
and inserting ``(3)''; in line 13, by striking ``subsections'' and inserting ``subsection''; in line
14, by striking ``(d)'' and inserting ``(4)''; also in line 14, by striking ``(1)'' and inserting ``(A)'';
in line 17, by striking ``(2)'' and inserting ``(B)''; in line 18, by striking ``(3)'' and inserting
``(C)''; in line 19, by striking ``(4)'' and inserting ``(D)''; in line 22, by striking ``(e)'' and
inserting ``(5)''; in line 25, by striking ``(f)'' and inserting ``(6)''; in line 29, by striking ``(g)''
and inserting ``(7)''; in line 30, by striking ``(h)'' and inserting ``(8)''; after line 31, by inserting:
``(b) Nothing in this section shall be construed to change, duplicate or eliminate any
duties or responsibilities of the director of information services established by policies of
the legislative coordinating council.'';
Also on page 8, in line 38, by striking ``director of the budget'' and inserting ``chief infor-
mation technology architect'';
On page 11, in line 9, by striking all after ``the''; in line 10, by striking all before the period
and inserting ``legislative coordinating council--operations account'';
On page 17, by striking all of lines 26 through 28 and inserting:
``Sec. 20. K.S.A. 75-2935 is hereby amended to read as follows: 75-2935. The civil serv-
ice 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;
(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;
(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.; and
(bb) any position that is classified as a position in the information resource manager job class series, that is the chief position responsible for all information resources management for a state agency, and that becomes vacant on or after the effective date of this act. Nothing in this section shall affect the classified status of any employee in the classified service who is employed on the date immediately preceding the effective date of this act in any position that is a classified position in the information resource manager job class series and the unclassified status as prescribed by this subsection shall apply only to a person appointed to any such position on or after the effective date of this act that is the chief position re- sponsible for all information resources management for a state agency.
(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. 21. K.S.A. 75-6301 is hereby amended to read as follows: 75-6301. (a) There is
hereby established the office of the securities commissioner of Kansas. The office shall be
administered by the securities commissioner of Kansas who shall be in the unclassified service under the Kansas civil service act and shall serve at the pleasure of the governor.
The securities commissioner shall be appointed by the governor, with the consent of subject to confirmation by the senate as provided in K.S.A. 75-4315b and amendments thereto, shall
have special training and qualifications for such position and shall receive such compensation
as may be fixed by the governor. The securities commissioner shall employ, and fix the compensation of, such assistants or clerks as the securities commissioner may from time to time deem necessary.
(b) The securities commissioner may appoint directors within the office of the securities commissioner as determined necessary by the securities commissioner to effectively carry out the mission of the office. All directors appointed after the effective date of this act shall be in the unclassified service under the Kansas civil service act, shall have special training and qualifications for such positions, shall serve at the pleasure of the securities commissioner and shall receive compensation fixed by the securities commissioner and approved by the governor.
(c) Nothing in subsection (b) shall affect the classified status of any person employed in the office of the securities commissioner on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the securities commissioner pursuant to K.S.A. 75-2948 and amendments thereto.
Sec. 22. K.S.A. 75-4322 is hereby amended to read as follows: 75-4322. As used in this
act:
(a) ``Public employee'' means any person employed by any public agency, except those
persons classed as supervisory employees, professional employees of school districts, as
defined by subsection (c) of K.S.A. 72-5413 and amendments thereto, elected and manage-
ment officials, and confidential employees and graduate students enrolled in a state edu- cational institution as defined in K.S.A. 76-711, and amendments thereto, who receive teach- ing and research assistantships.
(b) ``Supervisory employee'' means any individual who normally performs different work
from his subordinates, having authority, in the interest of the employer, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees,
or responsibly to direct them, or to adjust their grievances, or effectively to recommend a
preponderance of such actions, if in connection with the foregoing the exercise of such
authority is not of a merely routine or clerical nature, but requires the use of independent
judgment. A memorandum of agreement may provide for a definition of ``supervisory em-
ployees'' as an alternative to the definition herein.
(c) ``Confidential employee'' means any employee whose unrestricted access to confi-
dential personnel files or other information concerning the administrative operations of a
public agency, or whose functional responsibilities or knowledge in connection with the
issues involved in the meet and confer process would make his membership in the same
employee organization as other employees incompatible with his official duties.
(d) ``Professional employee'' includes any employee: (1) Whose work is predominantly
intellectual and varied in character as opposed to routine mental, manual, mechanical, or
physical work; involves the consistent exercise of discretion and judgment; requires knowl-
edge of an advanced type in a field of science or learning customarily acquired by prolonged
study in an institution of higher learning; or (2) who has completed courses of prolonged
study as described in paragraph (1) of this subsection, and is performing related work under
the supervision of a professional person in order to qualify as a professional employee as
defined in paragraph (1) of this subsection; or (3) attorneys-at-law or any other person who
is registered as a qualified professional by a board of registration or other public body
established for such purposes under the laws of this state.
(e) ``Elected and management officials'' means any elective official and any appointed
officer charged by law with major administrative and management responsibilities.
(f) ``Public agency'' or ``public employer'' means every governmental subdivision, in-
cluding any county, township, city, school district, special district, board, commission, or
instrumentality or other similar unit whose governing body exercises similar governmental
powers, and the state of Kansas and its state agencies.
(g) ``Governing body'' means the legislative body, policy board or other authority of the
public employer possessing legislative or policymaking responsibilities pursuant to the con-
stitution or laws of this state.
(h) ``Representative of the public agency'' means the chief executive officer of the public
employer or his or her designee, except when the governing body provides otherwise, and
except in the case of the state of Kansas and its state agencies. Such chief executive shall
be for counties, the chairman of the board of county commissioners; for cities, the mayor,
city manager or city superintendent; for school districts, the president of the board of ed-
ucation; and for other local units, such similar elected or appointed officer. In the case of
the state of Kansas and its state agencies, ``representative of the public employer'' means a
team of persons, the head of which shall be a person designated by the secretary of admin-
istration and the heads of the state agency or state agencies involved or one person desig-
nated by each such state agency head.
(i) ``Employee organization'' means any organization which includes employees of a
public agency and which has as one of its primary purposes representing such employees
in dealings with that public agency over conditions of employment and grievances.
(j) ``Recognized employee organization'' means an employee organization which has
been formally acknowledged by the public agency or certified as representing a majority of
the employees of an appropriate unit.
(k) ``Business agent'' means any authorized person who is a full-time official of an em-
ployee organization and whose principal duties are to act or to attempt to act for an employee
organization (1) in proceedings to meet and confer and other proceedings involving a mem-
orandum of agreement, (2) in servicing existing memorandums of agreement, or (3) in
organizing employees into employee organizations.
(l) ``Board'' means the public employee relations board established pursuant to this act.
(m) ``Meet and confer in good faith'' is the process whereby the representative of a
public agency and representatives of recognized employee organizations have the mutual
obligation personally to meet and confer in order to exchange freely information, opinions
and proposals to endeavor to reach agreement on conditions of employment.
(n) ``Memorandum of agreement'' means a written memorandum of understanding ar-
rived at by the representatives of the public agency and a recognized employee organization
which may be presented to the governing body of a public employer or its statutory rep-
resentative and to the membership of such organization for appropriate action.
(o) ``Mediation'' means effort by an impartial third party to assist in reconciling a dispute
regarding conditions of employment between representatives of the public agency and rec-
ognized employee organizations through interpretation and advice.
(p) ``Fact-finding'' means investigation of such a dispute by an individual, panel, or board
with the fact-finder submitting a report to the parties describing the issues involved; the
report shall contain recommendations for settlement and may be made public.
(q) ``Arbitration'' means interpretation of the terms of an existing or a new memorandum
of agreement or investigation of disputes by an impartial third party whose decision may or
may not be final and binding. Arbitration is advisory when the results are not binding upon
the parties; it is final and binding when both parties, of their own volition, agree to submit
a dispute to, and to abide by the decision of, the impartial third party.
(r) ``Strike'' means an action taken for the purpose of coercing a change in the conditions,
rights, privileges or obligations of employment through the failure by concerted action with
others to report for duty or to work at usual capability in the performance of the normal
duties of employment.
(s) ``Lockout'' means action taken by the public employer to provoke interruptions of
or prevent the continuity of work normally and usually performed by the employees for the
purpose of coercing the employees into relinquishing rights guaranteed by this act.
(t) ``Conditions of employment'' means salaries, wages, hours of work, vacation allow-
ances, sick and injury leave, number of holidays, retirement benefits, insurance benefits,
prepaid legal service benefits, wearing apparel, premium pay for overtime, shift differential
pay, jury duty and grievance procedures, but nothing in this act shall authorize the adjust-
ment or change of such matters which have been fixed by statute or by the constitution of
this state.
(u) ``Grievance'' means a statement of dissatisfaction by a public employee, supervisory
employee, employee organization or public employer concerning interpretation of a mem-
orandum of agreement or traditional work practice.
(v) ``Budget submission date'' means (1) for any public employers subject to the budget
law in K.S.A. 79-2925 et seq. the date of July 1, and (2) for any other public employer the
date fixed by law. ``Budget submission date'' means, in the case of the state and its state
agencies, the date of September 15.
(w) ``Legislature'' means the legislature of the state of Kansas.
(x) ``State agency'' means the same as is ascribed thereto in K.S.A. 75-3701 and amend- ments thereto.
Sec. 23. K.S.A. 75-6501 is hereby amended to read as follows: 75-6501. (a) Within the
limits of appropriations made or available therefor and subject to the provisions of appro-
priation acts relating thereto, the Kansas state employees health care commission shall de-
velop and provide for the implementation and administration of a state health care benefits
program.
(b) The state health care benefits program may provide benefits for persons qualified
to participate in the program for hospitalization, medical services, surgical services, non-
medical remedial care and treatment rendered in accordance with a religious method of
healing and other health services. The program may include such provisions as are estab-
lished by the Kansas state employees health care commission, including but not limited to
qualifications for benefits, services covered, schedules and graduation of benefits, conversion
privileges, deductible amounts, limitations on eligibility for benefits by reason of termination
of employment or other change of status, leaves of absence, military service or other inter-
ruptions in service and other reasonable provisions as may be established by the commission.
(c) The Kansas state employees health care commission shall designate by rules and
regulations those persons who are qualified to participate in the state health care benefits
program, including active and retired public officers and employees and their dependents
as defined by rules and regulations of the commission. In designating persons qualified to
participate in the state health care benefits program, the commission may establish such
conditions, restrictions, limitations and exclusions as the commission deems reasonable.
Each person who was formerly elected or appointed and qualified to an elective state office
and who was covered immediately preceding the date such person ceased to hold such office
by the provisions of group health insurance or a health maintenance organization plan under
the law in effect prior to August 1, 1984, or the state health care benefits program in effect
after that date, shall continue to be qualified to participate in the state health care benefits
program and shall pay the cost of participation in the program as established and in ac-
cordance with the procedures prescribed by the commission if such person chooses to
participate therein.
(d) The state health care benefits program established under this act shall be effective
on and after August 1, 1984.
(e) On and after the effective date of this act, the Kansas state employees health care commission shall not establish a class of persons who are officers or employees of a state agency as eligible to participate in the state health care benefits program unless such officers and employees are working in a position requiring at least 1,000 hours of work per year. Nothing in this subsection shall be construed to affect any class of persons eligible to partic- ipate in the state health care benefit program on the effective date of this act.
(f) Within the limits of appropriations made or available therefor and subject to the provisions of appropriation acts relating thereto, a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, under the control and supervision of the state board of regents, may purchase health insurance for graduate students enrolled in a state educational institution who receive teaching and research assistantships.
Sec. 24. K.S.A. 46-2101, 46-2102, 75-2935, 75-4322, 75-4703, 75-4706, 75-4707, 75-
4709, 75-4740, 75-4741, 75-4742, 75-4743, 75-4744, 75-5147, 75-6301, 75-6501 and 76-
3,100 are hereby repealed.'';
In the title, in line 9, by striking ``information technology'' and inserting ``state agencies,
officers and employees''; in line 13, by striking ``offices of chief information'' and inserting
``positions of chief information technology''; in line 16, by striking ``transferring certain state
officers;''; in line 18, after the semicolon, by inserting ``relating to state civil service; con-
cerning eligibility of certain officers and employees for representation by employee organ-
izations and eligibility of certain officers and employees for the state health care benefits
program;''; in line 19, by striking all after the second comma; in line 20, by striking ``5147''
and inserting ``75-2935, 75-4322, 75-4703, 75-4707, 75-4709, 75-5147, 75-6301, 75-6501'';
and the bill be passed as amended.
March 27, 1998
REPORT ON ENGROSSED BILLS
SB 599 reported correctly engrossed March 27, 1998.
SB 9 correctly re-engrossed March 27, 1998.
REPORT ON ENROLLED BILLS
SB 382, 423, 425, 428, 460, 506, 531 reported correctly enrolled, properly signed and
presented to the Governor on March 27, 1998.
COMMITTEE OF THE WHOLE
The Committee returned to consideration of bills on the calendar under the heading of
General Orders with Senator Corbin in the chair.
On motion of Senator Corbin the following report for the afternoon session was adopted:
Recommended HB 2607, 2744,2832 be amended by adoption of the committee amend-
ments, and the bills be passed as amended.
HB 2731 be amended by motion of Senator Jordan on page 5, following line 34, by
inserting the following:
``New Sec. 2. Notwithstanding any other statutory provision of this state, in any contract
entered into by the state of Kansas or any department or agency of the state, or any county,
city, school district or any other political subdivision of the state, for the construction, re-
construction, renovation, remodeling or repair of any building or structure or for the con-
struction, reconstruction, repair or maintenance of any highway, road, bridge, underpass,
viaduct, sewer or waterworks, or other improvements to public property, the contracting
public entity may include a provision for retaining moneys until such time as the contract
has been satisfactorily completed, subject to the following:
(a) With respect to any contract to which this act applies of $1,000,000 or more, at any
time before the public contracting entity releases the contract funds it has retained, the
public entity may approve a request from the contractor that the retained funds be placed
in an interest bearing escrow account. It shall be the responsibility of the contractor to
establish the escrow account in a state or national bank, federally chartered savings and loan
association, or federally chartered savings bank with offices located in Kansas. All fees or
charges for establishing and maintaining the escrow account shall be paid by the contractor.
Prior to paying any retained funds into the escrow account the public contracting entity
shall enter into an appropriate escrow agreement with the bank, savings and loan association
or savings bank and the contractor. The escrow agreement shall provide that the retained
funds shall be returned to the contracting public entity in the event the contracting public
entity notifies the bank, savings and loan association or savings bank that the contractor has
defaulted on the contract, that the retained funds shall not be released to the contractor
until authorized by the contracting public entity and that the interest on the retained funds
shall be paid to the contractor as it accumulates.
(b) With respect to any contract to which this act applies of $1,000,000 or more, at any
time after the contracting public entity has retained any contract funds the contractor may
request and upon approval by the public contracting entity of such request the contractor
may substitute securities of the following types for the retained contract funds:
(1) United States treasury bonds, United States treasury notes, United States treasury
certificates of indebtedness or United States treasury bills;
(2) bonds or notes of the state of Kansas or any political subdivision of the state; or
(3) certificates of deposit from any state or national bank, federally chartered savings
and loan association, or federally chartered savings bank, with offices located in Kansas.
The value of the securities substituted must be at least equal to the amount of the funds
retained. The substituted securities shall be issued in such a manner as to allow the con-
tracting public entity to convert the securities to cash in the event the contracting public
entity makes a claim against the contractor as a result of the contractor's default on the
contract. Upon substitution of appropriate securities the contracting public entity shall pay
the retained funds to the contractor within five working days. When the contract is satis-
factorily completed the substituted securities will be returned to the contractor with any
interest that has accumulated. In the event that the contracting public entity makes a claim
against the retained securities the entity shall retain only such substituted securities of a
sufficient value to cover the amount of the claim and return the remaining substituted
securities to the contractor plus any accumulated interest. Substituted securities retained to
cover the amount of the claim made by the contracting public entity may be converted to
cash by the entity. All costs associated with substituting securities as provided in this sub-
section shall be paid by the contractor. The contracting public entity may require the con-
tractor to establish and maintain an escrow account with an escrow agent approved by the
contracting public entity for the purpose of effectuating the substitution of securities pro-
vided for in this subsection.'';
By renumbering sections accordingly;
In the title, in line 9, by striking ``municipalities'' and inserting ``governmental entities'';
also in line 9, preceding ``amending'' by inserting ``providing procedure for partial payment
on construction contracts;'', and the bill be passed as amended.
HB 2591 be amended by adoption of the committee amendments, and the bill be passed
as amended.
The following amendment offered by Senator Ranson to HB 2591 was rejected:
On page 1, in line 25, by striking ``contractor'' and inserting ``subcontractor''; also in line
25, by striking ``con-''; in line 26, by striking ``tractor'' and inserting ``subcontractor''; in line
38, before the period, by inserting ``engaged in one of the miscellaneous construction trades
as defined by the national council on compensation insurance, inc. Classification and Codes
and Statistical Codes Manual, April 1, 1997 edition, schedule 26, miscellaneous construction;
schedule 27, erection; of the classification codes by the schedules and groups section'';
On page 2, in line 3, by striking ``contactor''; and inserting ``subcontractor''; in line 10, by
striking ``contractor''; in line 12, by striking ``contractor''; in line 17, by striking ``contractor''
and inserting ``subcontractor''; in line 26, by striking ``contractor'' and inserting ``subcon-
tractor''; in line 28, by striking ``contractor'' and inserting ``subcontractor''; in line 41, by
striking ``contractor'' and inserting ``subcontractor'';
On page 4, in line 7, before the semicolon by inserting ``except where the employer is a
self-employed subcontractor, engaged in one of the miscellaneous construction trades as
defined by the national council on compensation insurance, inc. Classification and Codes
and Statistical Codes Manual, April 1, 1997 edition, schedule 27, erection; of the classifi-
cation codes by the schedules and groups section'';
On page 6, in line 22, before the period, by inserting ``except where the employer is a
self-employed subcontractor, engaged in one of the miscellaneous construction trades as
defined by the national council on compensation insurance, inc. Classification and Codes
and Statistical Codes Manual April 1, 1997, edition, schedule 26, miscellaneous construction;
schedule 27, erection; of the classification codes by the schedules and groups section'';
On page 14, after line 33, by inserting an additional section as follows:
``Sec. 1. K.S.A. 1997 Supp. 44-543 is hereby amended to read as follows: 44-543. (a)
As used in this section:
(1) ``Nonprofit organization'' means those nonprofit organizations exempt from federal
income tax pursuant to section 501(c) of the internal revenue code of 1986, as in effect on
the effective date of this act.
(2) ``Compensation'' does not include actual and necessary expenses that are incurred
by a volunteer officer, director or trustee in connection with the services that the volunteer
performs for a nonprofit organization and that are reimbursed to the volunteer or otherwise
paid.
(3) ``Volunteer officer, director or trustee'' means an officer, director or trustee who
performs services for a nonprofit organization but does not receive compensation, either
directly or indirectly, for those services.
(b) Any employee of a corporate employer who owns 10% or more of the outstanding
stock of such employer, may file with the director, prior to injury, a written declaration that
the employee elects not to accept the provisions of the workers compensation act, and at
the same time, the employee shall file a duplicate of such election with the employer. Such
election shall be valid only during the employee's term of employment with such employer.
Any employee so electing and thereafter desiring to change the employee's election may do
so by filing a written declaration to that effect with the director and a duplicate of such
election with the employer. Any contract in which an employer requires of an employee as
a condition of employment that the employee elect not to come within the provisions of the
workers compensation act, shall be void. Any written declarations filed pursuant to this
section shall be in such form as may be required by regulation of the director.
(c) Any noncompensated volunteer officer, director or trustee of a nonprofit corporation
as defined in clause 3 of subsection (a) may elect to be covered by the provisions of the
workers compensation act by filing with the director, prior to injury, a written declaration
that the officer, director or trustee elects to accept the provisions of the workers compen-
sation act, and at the same time, the person shall file a duplicate of such election with the
employer and the employer's insurance company or qualified group-funded workers com-
pensation pool.
(d) Any individual employer, self-employed person or any general or limited partner engaged in one of the miscellaneous construction trades, as defined by the national council on compensation insurance, inc. Classification and Codes and Statistical Codes Manual April 1, 1997, edition, schedule 26, miscellaneous construction; schedule 27, erection; of the clas- sification codes by the schedules and groups section, may file with the director, prior to injury, a written declaration that such person, employer or partner elects not to accept the provisions of the workers compensation act. Any person, employer or partner so electing and thereafter desiring to change the employer's, person's or partner's election may do so by filing a written declaration to that effect with the director.'';
And by renumbering the remaining sections accordingly;
On page 15, in line 34, by striking ``and'' and inserting a comma; also in line 34, following
``44-532'' by inserting ``and 44-534'';
In the title, in line 15, by striking ``contractors'' and inserting ``subcontractors''; in line 17,
by striking ``and'', where it appears the first time, and inserting a comma; also in line 17,
after ``44-532'', by inserting ``and 44-534''
HB 2723 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Praeger on page 1, in line 37, after ``Any'' by inserting
``qualified;'' in line 39, by striking ``automatic'' and inserting ``automated''
Also, on page 2, after line 9, by inserting the following:
``Sec. 2. K.S.A. 65-2812 is hereby amended to read as follows: 65-2812. For the purpose
of administering the provisions of this act, the governor shall appoint a state board of healing
arts consisting of 15 17 members. At least 30 days before the expiration of any term, other
than that of the member appointed from the general public and the licensed podiatrist
member of the board, the professional society or association shall submit to the governor a
list of three or more names of persons of recognized ability who have the qualifications
prescribed for board members for each member of the board who will be appointed from
its branch of the healing arts. In the case of the two new members added to the board by this act, such list of names shall be submitted within 10 days after the effective date of this act. The governor shall consider the list of persons in making the appointment to the board.
In case of a vacancy on the board, other than that of the member appointed from the general
public and the licensed podiatrist member of the board, prior to the expiration of a term of
office, the governor shall appoint a qualified successor to fill the unexpired term, and in
making the appointment the governor shall give consideration to the list of persons last
submitted to the governor.
Sec. 3. K.S.A. 65-2813 is hereby amended to read as follows: 65-2813. Five Seven mem-
bers of the board shall hold a degree of doctor of medicine from an accredited medical
school and shall be residents of and have been actively engaged in the practice of medicine
and surgery in the state of Kansas under license issued in this state, for a period of at least
six consecutive years immediately preceding their appointment; three members shall hold
a degree of doctor of osteopathy from an accredited school of osteopathic medicine and
surgery and shall be residents of and have been actively engaged in the practice of osteo-
pathic medicine and surgery in the state of Kansas under license issued in this state, for a
period of at least six consecutive years immediately preceding their appointment; three
members shall hold a degree of doctor of chiropractic from an accredited school of chiro-
practic and shall be residents of and have been actively engaged in the practice of chiro-
practic in the state of Kansas under license issued in this state, for a period of at least six
consecutive years immediately preceding their appointment; one member shall be a licensed
podiatrist and shall be a resident of and have been actively engaged in the practice of podiatry
in the state of Kansas under license issued in this state for a period of at least six consecutive
years immediately preceding appointment; and three members shall be appointed to rep-
resent the general public of this state. Subject to the provisions of K.S.A. 1992 Supp. 75-
4315c, no two of the members representing the general public shall be from the same United
States congressional district. No member representing the general public shall be the spouse
of a licensee of the healing arts or a person or the spouse of a person who has a financial
interest in any person's practice of the healing arts. All members of the board who hold the degree of doctor of medicine shall be actively engaged in the practice of medicine and surgery in the state of Kansas while a member of the board.
Sec. 4. K.S.A. 65-2822 is hereby amended to read as follows: 65-2822. Eight Nine mem-
bers shall constitute a quorum for the transaction of business.
Sec. 5. K.S.A. 65-2812, 65-2813 and 65-2822 are hereby repealed.'';
And by renumbering the remaining section accordingly;
On page 1, in the title, in line 12, after ``ACT'' by inserting ``concerning health care;''; in
line 16, before the period, by inserting ``; concerning membership on board of healing arts;
amending K.S.A. 65-2812, 65-2813 and 65-2822 and repealing the existing sections''
The bill be further amended by motion of Senator Hensley as amended by Senate Com-
mittee of the Whole, in K.S.A. 65-2812, as amended, in the first sentence, by striking ``17''
and inserting ``19''; in the second sentence of K.S.A. 65-2812, by striking ``member'' where
it first appears and inserting ``members''; in the new sentence added by the committee of
the whole by inserting after ``members'' the following: ``who hold a degree of doctor of
medicine''; in the sentence commencing ``In case of a vacancy'' by striking ``member'' where
it first appears and inserting ``members'';
In K.S.A. 65-2813, as amended, in the language ``three members shall be appointed to
represent the general public'' by striking ``three'' and inserting ``five''; by striking the line
which reads ``Subject to the provisions of K.S.A. 75-4315c, no two of the members repre-
senting the general public shall be from the same United States congressional district.'' and
inserting in lieu thereof: ``Two members of the general public shall reside in one congres-
sional district and all other members of the general public shall be residents of different
congressional districts.'';
In K.S.A. 65-2822, as amended, by striking ``Nine'' and inserting ``Ten'', and the bill be
passed as further amended.
HB 2724 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Hardenburger on page 7, by striking all in lines 34 through
43;
By striking all of page 8;
On page 9, by striking all in lines 1 through 17 and inserting in lieu thereof the following:
``Sec. 6. K.S.A. 1997 Supp. 74-1404 is hereby amended to read as follows: 74-1404. (a)
In order to accomplish the purpose and to provide for the enforcement of this act, there is
hereby created the Kansas dental board. The board shall be vested with authority to carry
out the purposes and enforce the provisions of this act. The board shall consist of the
following: (1) Three Six licensed and qualified resident dentists; (2) one two licensed and
qualified resident dental hygienist hygienists; and (3) one representative of the general
public. At least 30 days before the expiration of any term, other than that of the member
appointed from the general public or a member who is a dental hygienist, the Kansas dental
association or its successor shall submit to the governor a list of three names of persons of
recognized ability who have the qualifications prescribed for the dentist board members. At
least 30 days before the expiration of the term of the dental hygienist member of the board,
the Kansas dental hygiene association shall submit to the governor a list of three names of
persons of recognized ability who have the qualifications prescribed for the dental hygienist
member. For the four new members to be appointed under this act, such names shall be submitted within 10 days after the effective date of this act. The governor shall consider
such list of persons in making the appointment to the board.
(b) The members shall be appointed by the governor in the manner hereinafter pre-
scribed for terms of four years and until their successors are appointed and qualified. Of the six licensed dentists on the board, one shall be appointed from each congressional district and two shall be appointed from the state at large. On and after the effective date of this act, no person shall be appointed for more than two consecutive four-year terms. No person
in any way connected with a dental supply or dental laboratory business shall be eligible for
appointment to the board. No person shall be eligible for appointment to the board who
has been convicted of a violation of any of the provisions of this or any other prior dental
practice act or who has been convicted of a felony. A dentist who is an officer of the Kansas dental association shall not be eligible for appointment to the Kansas dental board. A dental hygienist who is an officer of the Kansas dental hygienists association shall not be eligible for appointment to the Kansas dental board. No dentist or dental hygienist shall be appointed
to the board who has not been engaged in the active practice of dentistry or dental hygiene
in the state of Kansas for at least five years next preceding appointment. Whenever a vacancy
occurs it shall be filled by appointment for the remainder of the unexpired term in the same
manner as an original appointment is made.
(b) (c) Upon the expiration of terms of office of members, successors shall be appointed
in the same manner as original appointments for terms of four years.'', and the bill be passed
as further amended.
Sub. HB 2654 be passed over and retain a place on the calendar.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and HB 2233, 2282, 2552, 2559, 2591, 2607, 2723, 2724, 2731, 2738, 2744, 2759, 2799, 2806, 2832, 2835, 2876; HCR 5035 were advanced to Final Action and roll call.
HB 2233, An act concerning courts; relating to criminal procedure, costs thereof; dis-
position of docket fees, law enforcement training center fund; amending K.S.A. 20-362 and
K.S.A. 1997 Supp. 12-4112 and 28-172d and repealing the existing sections; also repealing
K.S.A. 1997 Supp. 28-172a, 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 2282, An act concerning civil procedure; relating to proof of service; costs; amending
K.S.A. 60-312 and 60-2003 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 2552, An act concerning municipal energy agencies; amending K.S.A. 12-886 and
12-897 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 2559, An act repealing K.S.A. 13-13c01 through 13-13c20, 13-2101 through 13-2106,
13-2108, 13-2109, 13-2110 and 13-2903; concerning certain cities; relating to certain officers
and powers and duties thereof; concerning municipal parking authorities, 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 2591, An act concerning workers compensation; relating to the coverage of self-
employed contractors; death benefits; amending K.S.A. 44-570 and K.S.A. 1997 Supp. 44-
503, 44-505, 44-508, 44-510b and 44-532 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 2607, An act concerning the state long-term care ombudsman; attaching the office
of the state long-term care ombudsman to the department of administration for certain
purposes; prescribing certain powers, duties and functions; amending K.S.A. 75-5914, 75-
5916, 75-5917, 75-5917a, 75-5918, 75-5918a, 75-5919, 75-5920, 75-5921, 75-5922, 75-
5922a, 75-5922b and 75-5922c 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 2723, An act concerning health care; relating to automated external defibrillators;
authorizing use by certain persons; concerning liability for certain persons; concerning mem-
bership on board of healing arts; amending K.S.A. 65-2812, 65-2813 and 65-2822 and re-
pealing 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 2724, An act concerning the dental practices act; relating to the practice of dental
hygiene; concerning dental services for dentally indigent persons; amending K.S.A. 65-1462
and K.S.A. 1997 Supp. 65-1423, 65-1456, 65-1466 and 74-1404 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.
Mr. President: HB 2724 addresses the shortage of dental auxiliary personnel we are
experiencing in Kansas. It will allow a person under the direct supervision of a dentist to
polish teeth and it gives specific rule and reg authority to define what is included in that
procedure. It makes the dentist responsible and gives the Dental Board the authority to
deal with the current problem. I vote yes.--Audrey Langworthy
Senators Barone, Becker, Brownlee, Hardenburger, Harrington, Jordan, Oleen, Praeger,
Schraad and Steffes request the record to show they concur with the ``Explanation of Vote''
offered by Senator Langworthy on HB 2724.
HB 2731, An act concerning governmental entities; relating to urban renewal; providing
procedure for partial payment on construction contracts; amending K.S.A. 17-4759 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 2738, An act concerning weights and measures; relating to liquefied petroleum;
exchanged containers; amending K.S.A. 83-148 and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 2744, An act concerning crimes and punishment; relating to fleeing or eluding a
police officer; amending K.S.A. 1997 Supp. 8-1568 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 2799, An act concerning workers compensation; relating to optional deductible;
amending K.S.A. 44-513a and K.S.A. 1997 Supp. 44-510, 44-534, 44-556, 44-559, 44-5,117,
44-5,120 and 44-5,125 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 2806, An act concerning government; relating to the payment of claims submitted
by employees of municipalities for reimbursement of travel expenses; Kansas parole board,
hearings, composition and procedures thereof; amending K.S.A. 12-105b and 75-5217 and
K.S.A. 1997 Supp. 22-3707, 22-3709, 22-3713 and 22-3717 and repealing the existing sec-
tions, 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 2832, An act concerning county hospitals; relating to hospital boards; amending
K.S.A. 19-4605 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 2835, An act concerning the pharmacy act of the state of Kansas; dialysates, devices
or drugs for chronic kidney failure, 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 2876, An act establishing the Kansas local government outdoor recreation grant
program; prescribing powers, duties and functions for the secretary of wildlife and parks,
was considered on final action.
On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.
HCR 5035, A concurrent resolution urging Congress not to take action to mandate
competition in retail sales of electricity and to leave that responsibility to the individual
states, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.