The Senate was called to order by Vice-President Alicia Salisbury.
The roll was called with forty senators present.
Vice-President Salisbury introduced as guest chaplain, Col. Yevgeniy (Eugene) Khatyu-
shin, Revival Fires Ministry, Branson West, Missouri, with Cecil Lane Todd as interpreter.
Heavenly Father we humbly come before you today submitting ourselves to your
supreme authority and governing powers for this blessed state of Kansas in this great
country of the United States of America. Thank You Heavenly Father for preserving
this great nation that recognizes You as their source and defender. As written in Your
Holy Word, ``Blessed is the nation whose God is the Lord!'' Oh, God, You have truly
blessed this country and now this country of America has become the model of
freedom and democracy to the rest of the world including my country of Russia.
Now in my country of Russia we have freedom of speech and expression. Freedom
to vote and elect our political leaders without prosecution. After seventy-five years
of Godless Communist rule now we are free to pray and worship God, free to own
and read Bibles and free to distribute these Bibles to all sectors of our society,
including our public schools where our Bible is used as a text book, and our military
where now we can build Christian chapels and have our own chaplains. Where
Christian organizations from America such as Revival Fires are free to participate in
our newly found religious freedoms teaching us Your precepts and ordinances from
Your Holy Word, all without fear of fines, persecution or imprisonment.
Oh Father, now grant to these elected officials of Kansas divine wisdom and un-
derstanding to justly guide this State of Kansas according to Your perfect will. Father
please do not allow them to repeat the mistakes of Russia and the former Soviet
Union where Your existence was not recognized and Your Word was not acknowl-
edged under Communist rule. Father please spare them from the consequences of
the same fatal mistakes. Oh Father, allow their decisions to be pleasing in your sight
and just to all those they effect.
Now Oh God, I request You grant these petitions in the Name of our Lord Jesus
Christ, your only begotten Son, Amen.
POINT OF PERSONAL PRIVILEGE
Senator Langworthy rose on a point of personal privilege to publicly thank President
Bond for saving her life with the Heimlich maneuver. Matt Meyer and Randy Miller, rep-
resenting the American Red Cross, presented President Bond with a certificate of appre-
ciation. The Senate gave President Bond a standing ovation.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Transportation and Tourism: HB 2993.
REFERRAL OF APPOINTMENTS
The following appointments made by the Governor and submitted to the senate for con-
firmation, were referred to Committees as indicated:
Kansas, Inc., Alan R. Hoffman, effective upon the date of confirmation by the Senate to
serve a four-year term ending January 15, 2002.
(Commerce)
Kansas, Inc., Deryl K. Schuster, effective upon the date of confirmation by the Senate
reappointed to serve a four-year term ending January 15, 2002.
(Commerce)
Kansas Technology Enterprise Corporation, Thomas W. Sarowski, effective upon the date
of confirmation by the Senate to serve a four-year term ending January 15, 2002.
(Commerce)
Kansas Technology Enterprise Corporation, Tracy Taylor, effective upon the date of con-
firmation by the Senate reappointed to serve a four-year term ending January 15, 2002.
(Commerce)
Board of Indigents' Defense Services, Brenda Cejda Wright, effective upon the date of
confirmation by the Senate reappointed to serve a three-year term ending January 15, 2001.
(Judiciary)
MESSAGE FROM THE HOUSE
The House accedes to the request of the Senate for a conference on SB 482 and has
appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 516 and has
appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 536 and has
appointed Representatives Carmody, Presta and Garner as conferees on the part of the
House.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Karr introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1850--
A RESOLUTION congratulating and commending the Emporia State University women's
basketball team and Coach Cindy Stein for its fantastic season and second place finish
in the 1998 NCAA Division II national basketball tournament.
WHEREAS, The Emporia State University women's basketball team finished the
1997-98 season with a 33-1 record and placed second at the 1998 NCAA Division II bas-
ketball tournament in Pine Bluff, Arkansas, on Saturday, March 21, 1998. They lost a hard
fought game to defending champion North Dakota by the score of 92-76; and
WHEREAS, The members of the Emporia State Unviersity women's basketball team
are: LaTonya Kindle, a Junior from Ontario, California; Shanna Spann, a Senior from Hutch-
inson, Kansas; Jurgita Kausaite, a Junior from Siauliai, Lithuania; Jennifer Perine, a Soph-
omore from Rossville, Kansas; Aneta Kausaite, a Senior from Siauliai, Lithuania, Tara Hol-
loway, a Sophomore from Moundridge, Kansas; Jennifer Schrimsher, a Senior from Girard,
Kansas; Amanda Flick, a Senior from Topeka, Kansas; Amanda Duncan, a Junior from
Americus, Kansas; Nicole Dinkins, a Senior from Alma, Kansas; Emily Bloss, a Freshman
from Wellsville, Kansas; and Jessica Jenkins, a Freshman from Emporia, Kansas. The
coaches are: Head Coach Cindy Stein and Assistant Coaches Brandon Schneider and Jarrod
Olson; and
WHEREAS, Emporia State University Coach Cindy Stein was named as the NCAA
Division II Coach of the Year by the Women's Basketball Coaches Association. Senior starter
Aneta Kausaite was named a Kodak All-American and was named the MIAA most valuable
player. Her sister, junior Jurgita Kausaite, was named an honorable mention All-American
and was a first team All-MIAA selection. Both women were named as All-MIAA Tournament
and All-South Central Regional Tournament teams as well as All-South Central Region first
team. Jurgita Kausaite also set an NCAA Tournament record by scoring 138 points; and
WHEREAS, The Lady Hornets starting five, Jurgita Kausaite, Aneta Kausaite, Shanna
Spann, Nicole Dinkins and Amanda Flick, as well as the entire team, finished the finest
season in school history acquiring inspiration from the fantastic fan support of the com-
munity and giving both players and fans proud memories for their lifetimes; and
WHEREAS, The members of this outstanding basketball team have received nationwide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to its 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 Emporia State University
women's basketball team and Coach Stein be congratulated and commended for its splendid
season and its second place finish in the NCAA Division II basketball tournament; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Dr. Kay K. Shallenkamp, President, Emporia State University,
1200 Commercial, Emporia, Kansas 66801-5087.
On emergency motion of Senator Karr SR 1850 was adopted unanimously.
Senator Karr and members of the Senate welcomed Coach Cindy Stein and team mem-
bers with a standing ovation for their winning season. Coach Stein spoke briefly to the
Senate, commenting on the team's activities and their part as role models in the town of
Emporia.
Senators Hensley, Lee and Petty introduced the following Senate resolution, which was
read:
SENATE RESOLUTION No. 1851--
A RESOLUTION relating to the rules of the Senate 1997-2000; adding a new rule 80.
Be it resolved by the Senate of the State of Kansas: That the rules of the senate be
amended by adding a new rule to read as follows:
Rule 80. Renewal of Failed Motion to Concur. A motion to concur in amendments
made by the other house to a senate bill which fails but does not have the affect of killing
the bill may be again moved at a later time but prior to adjournment sine die of the legislative
session during which such motion was first made. In no case shall such motion be made on
any one bill more than three times during such legislative session. Senate Rule 28 shall not
apply to this rule.
REPORT ON ENGROSSED BILLS
SB 643, 665 reported correctly engrossed March 31, 1998.
SB 470 reported correctly engrossed April 1, 1998.
Also, SB 67, 462, 507 correctly re-engrossed April 1, 1998.
REPORT ON ENROLLED BILLS
SR 1845, 1846, 1847, 1848, 1849 reported correctly enrolled, properly signed and
presented to the Secretary of the Senate on April 1, 1998.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Ranson in the chair.
On motion of Senator Ranson the following report was adopted:
Sub. HB 2662 be amended by motion of Senator Hardenburger on page 4, following
line 35, by inserting:
``(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or
any other thing of value given to a candidate, candidate committee, party committee or
political committee for the express purpose of nominating, electing or defeating a clearly
identified candidate for a state or local office.'';
By relettering paragraphs accordingly;
Also on page 4, in line 37, by striking ``for the purpose of''; by striking all in line 38; in
line 39, by striking ``vocating'' and inserting ``to expressly advocate'';
On page 5, following line 25, by inserting:
``(A) Any purchase, payment, distribution, loan, advance, deposit or gift of money or
any other thing of value made by a candidate, candidate committee, party committee or
political committee for the express purpose of nominating, electing or defeating a clearly
identified candidate for a state or local office.'';
By relettering paragraphs accordingly;
Also on page 5, in line 27, by striking ``for the purpose of ''; by striking all in line 28; in
line 29, by striking ``ing'' and inserting ``to expressly advocate'';
On page 6, by striking all in lines 8 through 11 and inserting:
``(h) ''Expressly advocate the nomination, election or defeat of a clearly identified can-
didate`` means any communication which uses phrases including, but not limited to:'';
Also on page 6, by striking all in line 20 and inserting:
``(I) ``Smith's the one.'';
Also on page 6, by striking all in lines 21 through 29;
On page 7, by striking all in lines 3 through 7 and inserting:
``(k) ``Political committee'' means any combination of two or more individuals or any
person other than an individual, a major purpose of which is to expressly advocate the
nomination, election or defeat of a clearly identified candidate for state or local office or
make contributions to or expenditures for the nomination, election or defeat of a clearly
identified candidate for state or local office.'';
On page 10, in line 37, before ``more'' by inserting ``for a candidate, candidate committee,
party committee or political committee'';
On page 15, in line 9, by striking ``that the pre-''; in line 10, by striking ``ceding was an
advertisement together with'' and inserting ``which states: ``Paid for'' or ``Sponsored by''
followed by the name of the sponsoring organization and``; in line 24, by striking ``(3)'' and
inserting ``(c)'';
On page 16, in line 42, by striking all after the comma; in line 43, by striking all before
``the'' and inserting ``to expressly advocate''; and the substitute bill be passed as amended.
SB 642 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Oleen on page 71, preceding line 23, by inserting the fol-
lowing material:
``Governor's teaching excellence scholarships
$40,000
Provided, That all expenditures from the Governor's teaching excellence scholarships ac-
count shall be to provide grants of $1,000 each to Kansas elementary and secondary public
school teachers who are accepted to participate in the national board for professional teach-
ing standards certification program under the Governor's teaching excellence scholarships
program which shall be administered by the state board of education: Provided further, That
each such grant shall be required to be matched on a $1 for $1 basis from nonstate sources: And provided further, That award of each such grant shall be conditioned upon the recipient
entering into an agreement requiring the grant to be repaid if the recipient fails to complete
the course of training under the national board for professional teaching standards certifi-
cation program: And provided further, That all moneys received by the department of
education for repayment of grants made under the Governor's teaching excellence schol-
arships program shall be deposited in the state treasury and credited to the Governor's
teaching excellence scholarships program repayment fund.'';
On page 75, preceding line 22, by inserting the following material to read as follows:
``Governor's teaching excellence scholarships program repayment fund
No limit
Provided, That all expenditures from the Governor's teaching excellence scholarships pro-
gram repayment fund shall be to provide grants of $1,000 each to Kansas elementary and
secondary public school teachers who are accepted to participate in the national board for
professional teaching standards certification program under the Governor's teaching excel-
lence scholarships program which shall be administered by the state board of education: Provided further, That each such grant shall be required to be matched on a $1 for $1 basis
from nonstate sources: And provided further, That award of each such grant shall be con-
ditioned upon the recipient entering into an agreement requiring the grant to be repaid if
the recipient fails to complete the course of training under the national board for profes-
sional teaching standards certification program: And provided further, That all moneys re-
ceived by the department of education for repayment of grants made under the Governor's
teaching excellence scholarships program shall be deposited in the state treasury and cred-
ited to this fund.''
Also, on page 73, by striking all in lines 15 through 17.
The bill be further amended by motion of Senator Clark on page 11, in line 8, by sub-
tracting $4,400 from the dollar amount;
On page 13, after line 26, by inserting the following:
``(c) No moneys appropriated for the attorney general by this or other appropriation act
of the 1998 regular session of the legislature from the state general fund or any special
revenue fund for the fiscal year ending June 30, 1999, shall be expended for preparing or
publishing any book containing the opinions of the attorney general, or any summaries or
indexes of such opinions, or for preparing or publishing any other hardcopy printing, soft-
bound or hardbound, of such opinions, summaries or indexes.'', and the bill be passed as
further amended.
The following amendments offered to SB 642 were rejected:
Senator Lee moved to amend the bill on page 138, by striking all in lines 31 through 43;
By striking all of page 139;
On page 140, by striking all in lines 1 through 10;
And by renumbering sections accordingly;
On page 140, in line 29, by striking all after ``K.S.A.'';
On page 1, in the title, in line 14, by striking all after ``K.S.A.''; in line 15, by striking all
before ``79-34,147''; also in line 15, by striking ``sections'' and inserting ``section''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 17, nays 17, present and passing 5; absent or not voting
1.
Present and passing: Becker, Bleeker, Corbin, Salmans, Tyson.
Absent or not voting: Barone.
The motion failed and the amendment was rejected.
Senator Huelskamp moved to amend the bill on page 138, following line 30, by inserting
the following section to read as follows:
``Sec. 106. (a) No public funds appropriated by this or other appropriation act of the
1998 regular session of the legislature for the fiscal year ending June 30, 1999, for any state
agency named in this act, shall be distributed or appropriated to any public library or public
educational institution that provides computers with internet access available to minors that
has not certified to the governing body of such public library or public educational institution
that such public library or public educational institution, prior to January 1, 1999, has:
(1) Selected a system for computers with internet access to filter or block matter deemed
to be inappropriate to minors due to the obscene, pornographic or illegal nature of such
matter as being within the scope of the provisions of K.S.A. 21-4301, 21-4301a, 21-4301c
and 21-3516 and amendments thereto;
(2) installed or will install as soon as it obtains computers with internet access, a system
to filter or block such matter; and
(3) adopted policies and guidelines to control access to such matters including written
policies controlling improper use of such computer terminals, requirements for parental
involvement or written authorization for internet use by minors, supervised internet access
and strict policies to deny usage to individuals found repeatedly using computers to access
obscene, pornographic or illegal material as being within the scope of the provisions of
K.S.A. 21-4301, 21-4301a, 21-4301c and 21-3516 and amendments thereto.
(b) Determination of what matter is deemed to be inappropriate to minors due to the
obscene, pornographic or illegal nature of such matter as being within the scope of the
provisions of K.S.A. 21-4301, 21-4301a, 21-4301c and 21-3516 and amendments thereto
shall be made by the public library or public educational institution or the governing body
of such public library or public educational institution.
(c) As used in this section, ``internet'' shall include any internet connected computer
system and any interactive computer service as defined by 47 U.S.C. §&230(e) including
the internet, usenet, world wide web, bulletin board systems, e-mail, chat room services and
other online computer services.
(d) It is the intent of this section to allow such public library or public educational
institution to engage in good faith efforts to filter or block objectionable, illegal and edu-
cationally unsuitable materials and thus obtain protection from liability provided pursuant
to 47 U.S.C. §&230(c)(2).'';
And by renumbering sections accordingly.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 15, nays 24, present and passing 0; absent or not voting
1.
Senator Huelskamp again offered an amendment, which was withdrawn.
HB 2726 be amended by adoption of the committee amendments, and the bill be passed
as amended.
The following amendment offered to HB 2726 by Senator Biggs was rejected:
On page 9, in line 33, by striking all after ``The''; in line 10, by striking all before ``de-
fendant''; in line 37, by striking ``(C)'' and inserting ``(B)'';
On page 12, in line 27, by striking ``(c)'' and inserting ``(b)'';
On page 13, following line 28, by inserting:
``Sec. 12. K.S.A. 79-3313 is hereby amended to read as follows: 79-3313. All cigarettes
sold in this state shall be in packages, and each of the packages shall bear evidence of
payment of the tax thereon except that any railroad or sleeping car company licensed as a
retailer is hereby authorized to sell cigarettes upon its cars without affixing stamps to the
packages of cigarettes provided that monthly reports and payment of the tax due is made
directly to the director in the manner and under the terms provided for by the director. In addition, manufacturers are hereby authorized to distribute in the state, through their au- thorized representatives or wholesale dealers, free sample packages of cigarettes containing less than 20 cigarettes without affixing stamps to the packages provided that monthly reports and payment of a tax at the rates prescribed by law are made directly to the director. No
wholesale dealer or manufacturers' authorized representatives shall sell or distribute ciga-
rettes, except free sample packages, to any person in the state of Kansas not holding a
dealer's license as provided in this act. Such packages of sample cigarettes shall bear the word ``sample'' or ``not for sale'' and ``state tax paid'' in letters easily read.
Whenever the director shall have reason to believe that any manufacturer has violated
the provisions of this section or the conditions provided by the director, the director shall
conduct a hearing thereon in accordance with the provisions of the Kansas administrative
procedure act in the office of the director at Topeka. If upon the basis of such hearing it
appears to the satisfaction of the director that such manufacturer has violated any of the
provisions of this section or the conditions provided by the director, the director is hereby
authorized to suspend or revoke the authorization to the manufacturer for such period as
the director determines is necessary but in no case for more than one year.
Sec. 13. K.S.A. 79-3321 is hereby amended to read as follows: 79-3321. It shall be
unlawful for any person:
(a) To possess, except as otherwise specifically provided by this act, more than 200
cigarettes without the required tax indicia being affixed as herein provided.
(b) To mutilate or attach to any individual package of cigarettes any stamp that has in
any manner been mutilated or that has been heretofore attached to a different individual
package of cigarettes or to have in possession any stamps so mutilated.
(c) To prevent the director or any officer or agent authorized by law, to make a full
inspection for the purpose of this act, of any place of business and all premises connected
thereto where cigarettes are or may be manufactured, sold, distributed, or given away.
(d) To use any artful device or deceptive practice to conceal any violation of this act or
to mislead the director or officer or agent authorized by law in the enforcement of this act.
(e) Who is a dealer to fail to produce on demand of the director or any officer or agent
authorized by law any records or invoices required to be kept by such person.
(f) Knowingly to make, use, or present to the director or agent thereof any falsified
invoice or falsely state the nature or quantity of the goods therein invoiced.
(g) Who is a dealer to fail or refuse to keep and preserve for the time and in the manner
required herein all the records required by this act to be kept and preserved.
(h) To wholesale cigarettes to any person, other than a manufacturer's salesperson, retail
dealer or wholesaler who is:
(1) Duly licensed by the state where such manufacturer's salesperson, retail dealer or
wholesaler is located,; or
(2) exempt from state licensing under applicable state or federal laws or court decisions
including any such person operating as a retail dealer upon land allotted to or held in trust
for an Indian tribe recognized by the United States bureau of Indian affairs.
(i) To have in possession any evidence of tax indicia provided for herein not purchased
from the director.
(j) To fail or refuse to permit the director or any officer or agent authorized by law to
inspect a carrier transporting cigarettes.
(k) To vend small cigars, or any products so wrapped as to be confused with cigarettes,
from a machine vending cigarettes, nor shall a vending machine be so built to vend cigars
or products that may be confused with cigarettes, be attached to a cigarette vending ma-
chine.
(l) To sell, furnish or distribute cigarettes or tobacco products to any person under 18
years of age.
(m) Who is under 18 years of age to purchase or attempt to purchase cigarettes or
tobacco products.
(n) Who is under 18 years of age to possess or attempt to possess cigarettes or tobacco
products.
(o) To sell cigarettes to a retailer or at retail that do not bear Kansas tax indicia or upon
which the Kansas cigarette tax has not been paid.
(p) To sell cigarettes without having a license for such sale as provided herein.
(q) To sell a vending machine without having a vending machine distributor's license.
(r) Who is a retail dealer to fail to post and maintain in a conspicuous place in the
dealer's establishment the following notice: ``By law, cigarettes and tobacco products may
be sold only to persons 18 years of age and older.''
(s) To distribute samples within 500 feet of any school when such facility is being used primarily by persons under 18 years of age unless the sampling is: (1) In an area to which persons under 18 years of age are denied access; (2) in or at a retail location where cigarettes and tobacco products are the primary commodity offered for sale at retail; or (3) at or adjacent to an outdoor production, repair or construction site or facility of cigarettes or tobacco products.
(t) To sell cigarettes or tobacco products by means of a vending machine in any estab-
lishment, or portion of an establishment, which is open to minors, except that this subsection
shall not apply to:
(1) The installation and use by the proprietor of the establishment, or by the proprietor's
agents or employees, of vending machines behind a counter, or in some place in such
establishment, or portion thereof, to which minors are prohibited by law from having access;
(2) the installation and use of a vending machine in a commercial building or industrial
plant, or portions thereof, where the public is not customarily admitted and where machines
are intended for the sole use of adult employees employed in the building or plant; or
(3) a vending machine which has a lock-out device which is inoperable in the continuous
standby mode and which requires manual activation by the person supervising the operation
of the machine each time cigarettes or tobacco products are purchased from the machine.
Sec. 14. K.S.A. 79-3326 is hereby amended to read as follows: 79-3326. The director
of taxation shall administer and enforce the provisions of this act. The secretary of revenue
shall adopt rules and regulations for the administration of this act. For the purpose of
enforcing this act the director may call to the director's aid any law enforcement officer of
this state to prosecute all violators of any of the provisions of this act. The police of any city
shall have the right to inspect all premises, records and invoices pertaining to the wholesale
distribution, retail sale or sampling or retail sale of cigarettes or tobacco products within
the city at all reasonable times. All agents and representatives designated by the director
are hereby invested with all the powers of peace and police officers within the state of
Kansas in the enforcement of the provisions of this act throughout the state.'';
By renumbering sections accordingly;
Also on page 13, in line 29, by striking ``79-3316, 79-3322,'' and inserting ``79-3313, 79-
3316, 79-3321, 79-3322, 79-3326,'';
In the title, in line 15, by striking ``certain records of sales'' and inserting ``relating to the
sale and distribution thereof ''; in line 18, by striking ``79-3316, 79-3322,'' and inserting ``79-
3313, 79-3316, 79-3321, 79-3322, 79-3326,''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 12, nays 27, present and passing 0; absent or not voting
1.
On motion of Senator Emert an emergency was declared by a 2 3/ constitutional majority,
and SB 642 was advanced to Final Action and roll call.
SB 642, An act making and concerning appropriations for the fiscal year ending June 30,
1999, for state agencies; authorizing certain transfers, capital improvement projects and fees,
imposing certain restrictions and limitations, and directing or authorizing certain receipts
and disbursements and acts incidental to the foregoing; amending K.S.A. 79-2959, 79-2964,
79-3425i and 79-34,147 and repealing the existing sections; also repealing section 23 of
chapter 123 of the 1997 Session Laws of Kansas, was considered on final action.
On roll call, the vote was: Yeas 36, nays 2, present and passing 0; absent or not voting 2.
Announcing passage ofSB 6, as amended, 100, as amended by House Substitute for SB 100; SB 212, as amended by House Substitute for SB 212; SB 242, as amended; 400, as amended, 679, as amended.
Also, adoption of HCR 5054.
The House nonconcurs in Senate amendments to HB 2731, requests a conference and
has appointed Reps. Glasscock, Powers and Nichols as conferees on the part of the House.
The House nonconcurs in Senate amendments to HB 2759, requests a conference and
has appointed Reps. Glasscock, Packer and Welshimer as conferees on the part of the House.
The House concurs in Senate amendments to HB 2559.
The House concurs in Senate amendments to HB 2607.
The House concurs in Senate amendments to HB 2832.
The House concurs in Senate amendments to HB 2835.
The House announces the appointment of Rep. Ruff to replace Rep. Gilbert as a conferee
on SB 469.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HCR 5054 was thereupon introduced and read by title.
On motion of Senator Emert, the Senate recessed until 3:00 p.m.
______
Afternoon Session
The Senate met pursuant to recess with Vice-President Salisbury in the chair.
STRICKEN FROM THE CALENDAR
On motion of Senator Emert SB 548, 591; HB 2894 were stricken from the calendar.
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
Ranson in the chair.
On motion of Senator Ranson the following report was adopted:
Recommended that Sub. HB 2704 be amended by adoption of the committee amend-
ments, and the bill be passed as amended.
The following amendment offered to Sub. HB 2704 by Senator Petty was rejected:
On page 22, by striking all in lines 7 through 43;
By striking all on pages 23 through 25;
On page 26, by striking all in lines 1 through 26;
And by renumbering sections accordingly;
Also on page 26, in line 27, by striking ``75-4322,''; in line 29, by striking ``, 75-6501'';
On page 1, in the title, in line 21, by striking ``concerning eligibility of''; by striking all in
lines 22 and 23; in line 24, by striking all before ``amending''; in line 25, by striking ``75-
4322,''; in line 26, by striking ``, 75-6501''.
Sub. HB 2950 be amended by adoption of the committee amendments, and the bill be
further amended by motion of Senator Corbin on page 10, in line 43, by striking ``(g)'' and
inserting ``(h)'';
On page 11, in line 3, by striking ``(h)'' and inserting ``(i)'';
On page 26, in line 39, after ``granted'' by inserting ``or, if rules and regulations must be
adopted in order to implement any such standard or requirement, such facilities shall be
required to comply with such standard or requirement within 180 days after adoption of
such rules and regulations'';
On page 60, in line 2, before ``47-1219'' by inserting ``17-5904,''; in line 3, by striking ``or
38'' and inserting ``and 38,''; also in line 3, by striking the last comma;
On page 66, after line 40, by inserting:
``Sec. 44. K.S.A. 1997 Supp. 17-5904 is hereby amended to read as follows: 17-5904.
(a) No corporation, trust, limited liability company, limited partnership or corporate part-
nership, other than a family farm corporation, authorized farm corporation, limited liability
agricultural company, family farm limited liability agricultural company, limited agricultural
partnership, family trust, authorized trust or testamentary trust shall, either directly or in-
directly, own, acquire or otherwise obtain or lease any agricultural land in this state. The
restrictions provided in this section do not apply to the following:
(1) A bona fide encumbrance taken for purposes of security.
(2) Agricultural land when acquired as a gift, either by grant or devise, by a bona fide
educational, religious or charitable nonprofit corporation.
(3) Agricultural land acquired by a corporation or a limited liability company in such
acreage as is necessary for the operation of a nonfarming business. Such land may not be
used for farming except under lease to one or more natural persons, a family farm corpo-
ration, authorized farm corporation, family trust, authorized trust or testamentary trust. The
corporation shall not engage, either directly or indirectly, in the farming operation and shall
not receive any financial benefit, other than rent, from the farming operation.
(4) Agricultural land acquired by a corporation or a limited liability company by process
of law in the collection of debts, or pursuant to a contract for deed executed prior to the
effective date of this act, or by any procedure for the enforcement of a lien or claim thereon,
whether created by mortgage or otherwise, if such corporation divests itself of any such
agricultural land within 10 years after such process of law, contract or procedure, except
that provisions of K.S.A. 9-1102, and amendments thereto, shall apply to any bank which
acquires agricultural land.
(5) A municipal corporation.
(6) Agricultural land which is acquired by a trust company or bank in a fiduciary capacity
or as a trustee for a nonprofit corporation.
(7) Agricultural land owned or leased or held under a lease purchase agreement as
described in K.S.A. 12-1741, and amendments thereto, by a corporation, corporate part-
nership, limited corporate partnership or trust on the effective date of this act if: (A) Any
such entity owned or leased such agricultural land prior to July 1, 1965, provided such entity
shall not own or lease any greater acreage of agricultural land than it owned or leased prior
to the effective date of this act unless it is in compliance with the provisions of this act; (B)
any such entity was in compliance with the provisions of K.S.A. 17-5901 prior to its repeal
by this act, provided such entity shall not own or lease any greater acreage of agricultural
land than it owned or leased prior to the effective date of this act unless it is in compliance
with the provisions of this act, and absence of evidence in the records of the county where
such land is located of a judicial determination that such entity violated the provisions of
K.S.A. 17-5901 prior to its repeal shall constitute proof that the provisions of this act do not
apply to such agricultural land, and that such entity was in compliance with the provisions
of K.S.A. 17-5901 prior to its repeal; or (C) any such entity was not in compliance with the
provisions of K.S.A. 17-5901 prior to its repeal by this act, but is in compliance with the
provisions of this act by July 1, 1991.
(8) Agricultural land held or leased by a corporation or a limited liability company for
use as a feedlot, a poultry confinement facility or rabbit confinement facility.
(9) Agricultural land held or leased by a corporation for the purpose of the production
of timber, forest products, nursery products or sod.
(10) Agricultural land used for bona fide educational research or scientific or experi-
mental farming.
(11) Agricultural land used for the commercial production and conditioning of seed for
sale or resale as seed or for the growing of alfalfa by an alfalfa processing entity if such land
is located within 30 miles of such entity's plant site.
(12) Agricultural land owned or leased by a corporate partnership or limited corporate
partnership in which the partners associated therein are either natural persons, family farm
corporations, authorized farm corporations, limited liability agricultural companies, family
trusts, authorized trusts or testamentary trusts.
(13) Any corporation, either domestic or foreign, or any limited liability company, or-
ganized for coal mining purposes which engages in farming on any tract of land owned by
it which has been strip mined for coal.
(14) Agricultural land owned or leased by a limited partnership prior to the effective
date of this act.
(15) Except as provided by K.S.A. 17-5908 and section 38, and amendments thereto,
agricultural land held or leased by a corporation or a limited liability company for use as a
swine production facility in any county which has voted favorably pursuant to K.S.A. 17-
5908 and amendments thereto, either by county resolution or by the electorate.
(16) Agricultural land held or leased by a corporation or a limited liability company for
use as a dairy production facility in any county which has voted favorably pursuant to K.S.A.
17-5907 and amendments thereto, either by county resolution or by the electorate.
(17) Agricultural land held or leased by a corporation or a limited liability company used
in a hydroponics setting.
(b) Production contracts entered into by a corporation, trust, limited liability company,
limited partnership or corporate partnership and a person engaged in farming for the pro-
duction of agricultural products shall not be construed to mean the ownership, acquisition,
obtainment or lease, either directly or indirectly, of any agricultural land in this state.
(c) Any corporation, trust, limited liability company, limited partnership or corporate
partnership, other than a family farm corporation, authorized farm corporation, limited
liability agricultural company, family farm limited liability agricultural company, limited
agricultural partnership, family trust, authorized trust or testamentary trust, violating the
provisions of this section shall be subject to a civil penalty of not more than $50,000 and
shall divest itself of any land acquired in violation of this section within one year after
judgment is entered in the action. The district courts of this state may prevent and restrain
violations of this section through the issuance of an injunction. The attorney general or
district or county attorney shall institute suits on behalf of the state to enforce the provisions
of this section.
(d) Civil penalties sued for and recovered by the attorney general shall be paid into the
state general fund. Civil penalties sued for and recovered by the county attorney or district
attorney shall be paid into the general fund of the county where the proceedings were
instigated.'';
By renumbering the remaining sections accordingly;
Also on page 66, in line 42, after ``Supp.'' by inserting ``17-5904,'';
In the title, in line 19, before ``amending'' by inserting ``providing for certain elections on
establishment of swine production facilities in certain counties;''; in line 20, after ``Supp.''
by inserting ``17-5904,''
The bill be further amended by motion of Senator Bleeker on page 5, in line 23, by
striking ``5,000'' and inserting ``10,000''; in line 25, by striking ``6,000'' and inserting ``16,000''.
The bill be further amended by motion of Senator Huelskamp on page 27, in line 7,
before ``On'' by inserting ``(a) Before January 1, 1999, the secretary shall adopt such rules
and regulations as necessary to implement, administer and enforce the provisions of this
act.
(b)'', and the bill be passed as further amended.
The following amendments offered to Sub. HB 2950 were rejected:
Senator Feleciano moved to amend the bill on page 6, in line 3, by striking ``and 38,'',
inserted by Senate Committee of the Whole on motion of Senator Corbin, and inserting ``,
38 and 45,'';
In the bill as printed with amendments by Senate Committee, on page 66, before line
41, by inserting:
``New Sec. 45. (a) When used in this section ``county'' means any county the board of
county commissioners of which has adopted a resolution pursuant to K.S.A. 17-5908, and
amendments thereto, but no election has been held on the question of rescinding such
resolution.
(b) Upon presentation of a petition requesting the recision of a resolution adopted
pursuant to K.S.A. 17-5908, and amendments thereto, signed by qualified electors of the
county equal in number to not less than 25% of the registered electors of the county, the
board of county commissioners shall adopt a resolution rescinding such resolution. Any
resolution adopted pursuant to this section shall be submitted to the qualified electors of
the county at the next state or county-wide regular or special election which occurs more
than 60 days after the adoption of such resolution. If a majority of the voters vote in favor
of adopting the resolution, no swine production facilities, other than facilities holding a water
pollution control permit on the date of the election, shall be allowed in such county and the
county election officer shall transmit a copy of the results of the election to the secretary of
state who shall publish in the Kansas register the results of such election and that swine
production facilities are not allowed to be established in such county.
(c) The election provided for by this section shall be conducted, and the votes counted
and canvassed, in the manner provided by law for question submitted elections of the
county.'';
By renumbering the remaining sections accordingly;
Also on page 66, after line 40, in the amendment inserted by Senate Committee of the
Whole on motion of Senator Corbin, on page 4, in line 3, by striking ``section 38'' and
inserting ``sections 38 and 45''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 12, nays 21, present and passing 5; absent or not voting
2.
Present and passing: Downey, Karr, Lee, Ranson, Salmans.
Absent or not voting: Langworthy, Oleen.
The motion failed and the amendment was rejected.
Senator Clark moved to amend the bill on page 60, in line 1, following ``2-3307,'' by
inserting ``17-5903, 17-5904,'';
On page 66, after line 40, by inserting the following:
``Sec. 44. K.S.A. 1997 Supp. 17-5903 is hereby amended to read as follows: 17-5903.
As used in this act:
(a) ``Corporation'' means a domestic or foreign corporation organized for profit or non-
profit purposes.
(b) ``Nonprofit corporation'' means a corporation organized not for profit and which
qualifies under section 501(c)(3) of the federal internal revenue code of 1986 as amended.
(c) ``Limited partnership'' has the meaning provided by K.S.A. 56-1a01, and amend-
ments thereto.
(d) ``Limited agricultural partnership'' means a limited partnership founded for the pur-
pose of farming and ownership of agricultural land in which:
(1) The partners do not exceed 10 in number;
(2) the partners are all natural persons, persons acting in a fiduciary capacity for the
benefit of natural persons or nonprofit corporations, or general partnerships other than
corporate partnerships formed under the laws of the state of Kansas; and
(3) at least one of the general partners is a person residing on the farm or in Kansas and actively engaged in the labor or management of the farming operation. If only one
partner is meeting the requirement of this provision and such partner dies, the requirement
of this provision does not apply for the period of time that the partner's estate is being
administered in any district court in Kansas.
(e) ``Corporate partnership'' means a partnership, as defined in K.S.A. 56-306, and
amendments thereto, which has within the association one or more corporations or one or
more limited liability companies.
(f) ``Feedlot'' means a lot, yard, corral, or other area in which livestock, except swine,
fed for slaughter are confined. The term includes within its meaning agricultural land in
such acreage as is necessary for the operation of the feedlot.
(g) ``Agricultural land'' means land suitable for use in farming.
(h) ``Farming'' means the cultivation of land for the production of agricultural crops,
the raising of poultry, the production of eggs, the production of milk, the production of fruit
or other horticultural crops, grazing or the production of livestock. Farming does not include
the production of timber, forest products, nursery products or sod, and farming does not
include a contract to provide spraying, harvesting or other farm services.
(i) ``Fiduciary capacity'' means an undertaking to act as executor, administrator, guard-
ian, conservator, trustee for a family trust, authorized trust or testamentary trust or receiver
or trustee in bankruptcy.
(j) ``Family farm corporation'' means a corporation:
(1) Founded for the purpose of farming and the ownership of agricultural land in which
the majority of the voting stock is held by and the majority of the stockholders are persons
related to each other, all of whom have a common ancestor within the third degree of
relationship, by blood or by adoption, or the spouses or the stepchildren of any such persons,
or persons acting in a fiduciary capacity for persons so related;
(2) all of its stockholders are natural persons or persons acting in a fiduciary capacity
for the benefit of natural persons; and
(3) at least one of the stockholders with ownership of 10% or more of the corporate stock is a person residing on the farm or in Kansas and actively engaged in the labor or
management of the farming operation. A stockholder who is an officer of any corporation referred to in this subsection and who is one of the related stockholders holding a majority of the voting stock shall be deemed to be actively engaged in the management of the farming corporation. If only one stockholder is meeting the requirement of this provision and such
stockholder dies, the requirement of this provision does not apply for the period of time
that the stockholder's estate is being administered in any district court in Kansas.
(k) ``Authorized farm corporation'' means a Kansas corporation, other than a family farm
corporation, all of the incorporators of which are Kansas residents, family farm corporations
or family farm limited liability agricultural companies or any combination thereof, and which
is founded for the purpose of farming and the ownership of agricultural land in which:
(1) The stockholders do not exceed 15 in number; and
(2) the stockholders are all natural persons, family farm corporations, family farm lim-
ited liability agricultural companies or persons acting in a fiduciary capacity for the benefit
of natural persons, family farm corporations, family farm limited liability agricultural com-
panies or nonprofit corporations; and
(3) if all of the stockholders are natural persons, at least one stockholder with ownership of 10% or more of the corporate stock must be a person residing on the farm or in Kansas and actively engaged in labor or management of the farming operation. If only one stock-
holder is meeting the requirement of this provision and such stockholder dies, the require-
ment of this provision does not apply for the period of time that the stockholder's estate is
being administered in any district court in Kansas.
(l) ``Trust'' means a fiduciary relationship with respect to property, subjecting the person
by whom the property is held to equitable duties to deal with the property for the benefit
of another person, which arises as a result of a manifestation of an intention to create it. A
trust includes a legal entity holding property as trustee, agent, escrow agent, attorney-in-
fact and in any similar capacity.
(m) ``Family trust'' means a trust in which:
(1) A majority of the equitable interest in the trust is held by and the majority of the
beneficiaries are persons related to each other, all of whom have a common ancestor within
the third degree of relationship, by blood or by adoption, or the spouses or stepchildren of
any such persons, or persons acting in a fiduciary capacity for persons so related; and
(2) all the beneficiaries are natural persons, are persons acting in a fiduciary capacity,
other than as trustee for a trust, or are nonprofit corporations.
(n) ``Authorized trust'' means a trust other than a family trust in which:
(1) The beneficiaries do not exceed 15 in number;
(2) the beneficiaries are all natural persons, are persons acting in a fiduciary capacity,
other than as trustee for a trust, or are nonprofit corporations; and
(3) the gross income thereof is not exempt from taxation under the laws of either the
United States or the state of Kansas.
For the purposes of this definition, if one of the beneficiaries dies, and more than one
person succeeds, by bequest, to the deceased beneficiary's interest in the trust, all of such
persons, collectively, shall be deemed to be one beneficiary, and a husband and wife, and
their estates, collectively, shall be deemed to be one beneficiary.
(o) ``Testamentary trust'' means a trust created by devising or bequeathing property in
trust in a will as such terms are used in the Kansas probate code.
(p) ``Poultry confinement facility'' means the structures and related equipment used for
housing, breeding, laying of eggs or feeding of poultry in a restricted environment. The term
includes within its meaning only such agricultural land as is necessary for proper disposal
of liquid and solid wastes and for isolation of the facility to reasonably protect the confined
poultry from exposure to disease. As used in this subsection, ``poultry'' means chickens,
turkeys, ducks, geese or other fowl.
(q) ``Rabbit confinement facility'' means the structures and related equipment used for
housing, breeding, raising, feeding or processing of rabbits in a restricted environment. The
term includes within its meaning only such agricultural land as is necessary for proper
disposal of liquid and solid wastes and for isolation of the facility to reasonably protect the
confined rabbits from exposure to disease.
(r) ``Swine marketing pool'' means an association whose membership includes three or
more business entities or individuals formed for the sale of hogs to buyers but shall not
include any trust, corporation, limited partnership or corporate partnership, or limited lia-
bility company other than a family farm corporation, authorized farm corporation, limited
liability agricultural company, limited agricultural partnership, family trust, authorized trust
or testamentary trust.
(s) ``Swine production facility'' means the land, structures and related equipment owned
or leased by a corporation or, limited liability company, limited partnership, corporate part- nership or trust and used for housing, breeding, farrowing or, feeding or finishing of swine.
The term includes within its meaning only such agricultural land as is necessary for proper
disposal of liquid and solid wastes in environmentally sound amounts for crop production
and to avoid nitrate buildup and for isolation of the facility to reasonably protect the confined
animals from exposure to disease. The term also includes a lot, yard, corral or other area in which swine fed for slaughter are confined.
(t) ``Limited liability company'' has the meaning provided by K.S.A. 17-7602, and
amendments thereto.
(u) ``Limited liability agricultural company'' means a limited liability company founded
for the purpose of farming and ownership of agricultural land in which:
(1) The members do not exceed 10 in number; and
(2) the members are all natural persons, family farm corporations, family farm limited
liability agriculture companies, persons acting in a fiduciary capacity for the benefit of nat-
ural persons, family farm corporations, family farm limited liability agricultural companies
or nonprofit corporations, or general partnerships other than corporate partnerships formed
under the laws of the state of Kansas; and
(3) if all of the members are natural persons, at least one member must be a person
residing on the farm or in Kansas and actively engaged in labor or management of the
farming operation. If only one member is meeting the requirement of this provision and
such member dies, the requirement of this provision does not apply for the period of time
that the member's estate is being administered in any district court in Kansas.
(v) ``Dairy production facility'' means the land, structures and related equipment used
for housing, breeding, raising, feeding or milking dairy cows. The term includes within its
meaning only such agricultural land as is necessary for proper disposal of liquid and solid
wastes and for isolation of the facility to reasonably protect the confined cows from exposure
to disease.
(w) ``Family farm limited liability agricultural company'' means a limited liability com-
pany founded for the purpose of farming and ownership of agricultural land in which:
(1) The majority of the members are persons related to each other, all of whom have a
common ancestor within the third degree of relationship, by blood or by adoption, or the
spouses or the stepchildren of any such persons, or persons acting in a fiduciary capacity
for persons so related;
(2) the members are natural persons or persons acting in a fiduciary capacity for the
benefit of natural persons; and
(3) at least one of the members is a person residing on the farm or in Kansas and actively
engaged in the labor or management of the farming operation. If only one member is
meeting the requirement of this provision and such member dies, the requirement of this
provision does not apply for the period of time that the member's estate is being adminis-
tered in any district court in Kansas.
(x) ``Hydroponics'' means the growing of vegetables, flowers, herbs, or plants used for
medicinal purposes, in a growing medium other than soil.
Sec. 45. K.S.A. 1997 Supp. 17-5904 is hereby amended to read as follows: 17-5904. (a)
No corporation, trust, limited liability company, limited partnership or corporate partner-
ship, other than a family farm corporation, authorized farm corporation, limited liability
agricultural company, family farm limited liability agricultural company, limited agricultural
partnership, family trust, authorized trust or testamentary trust shall, either directly or in-
directly, own, acquire or otherwise obtain or lease any agricultural land in this state. The
restrictions provided in this section do not apply to the following:
(1) A bona fide encumbrance taken for purposes of security.
(2) Agricultural land when acquired as a gift, either by grant or devise, by a bona fide
educational, religious or charitable nonprofit corporation.
(3) Agricultural land acquired by a corporation or a limited liability company in such
acreage as is necessary for the operation of a nonfarming business. Such land may not be
used for farming except under lease to one or more natural persons, a family farm corpo-
ration, authorized farm corporation, family trust, authorized trust or testamentary trust. The
corporation shall not engage, either directly or indirectly, in the farming operation and shall
not receive any financial benefit, other than rent, from the farming operation.
(4) Agricultural land acquired by a corporation or a limited liability company by process
of law in the collection of debts, or pursuant to a contract for deed executed prior to the
effective date of this act, or by any procedure for the enforcement of a lien or claim thereon,
whether created by mortgage or otherwise, if such corporation divests itself of any such
agricultural land within 10 years after such process of law, contract or procedure, except
that provisions of K.S.A. 9-1102, and amendments thereto, shall apply to any bank which
acquires agricultural land.
(5) A municipal corporation.
(6) Agricultural land which is acquired by a trust company or bank in a fiduciary capacity
or as a trustee for a nonprofit corporation.
(7) Agricultural land owned or leased or held under a lease purchase agreement as
described in K.S.A. 12-1741, and amendments thereto, by a corporation, corporate part-
nership, limited corporate partnership or trust on the effective date of this act if: (A) Any
such entity owned or leased such agricultural land prior to July 1, 1965, provided such entity
shall not own or lease any greater acreage of agricultural land than it owned or leased prior
to the effective date of this act unless it is in compliance with the provisions of this act; (B)
any such entity was in compliance with the provisions of K.S.A. 17-5901 prior to its repeal
by this act, provided such entity shall not own or lease any greater acreage of agricultural
land than it owned or leased prior to the effective date of this act unless it is in compliance
with the provisions of this act, and absence of evidence in the records of the county where
such land is located of a judicial determination that such entity violated the provisions of
K.S.A. 17-5901 prior to its repeal shall constitute proof that the provisions of this act do not
apply to such agricultural land, and that such entity was in compliance with the provisions
of K.S.A. 17-5901 prior to its repeal; or (C) any such entity was not in compliance with the
provisions of K.S.A. 17-5901 prior to its repeal by this act, but is in compliance with the
provisions of this act by July 1, 1991.
(8) Agricultural land held or leased by a corporation or a limited liability company for
use as a feedlot, a poultry confinement facility or rabbit confinement facility.
(9) Agricultural land held or leased by a corporation for the purpose of the production
of timber, forest products, nursery products or sod.
(10) Agricultural land used for bona fide educational research or scientific or experi-
mental farming.
(11) Agricultural land used for the commercial production and conditioning of seed for
sale or resale as seed or for the growing of alfalfa by an alfalfa processing entity if such land
is located within 30 miles of such entity's plant site.
(12) Agricultural land owned or leased by a corporate partnership or limited corporate
partnership in which the partners associated therein are either natural persons, family farm
corporations, authorized farm corporations, limited liability agricultural companies, family
trusts, authorized trusts or testamentary trusts.
(13) Any corporation, either domestic or foreign, or any limited liability company, or-
ganized for coal mining purposes which engages in farming on any tract of land owned by
it which has been strip mined for coal.
(14) Agricultural land owned or leased by a limited partnership prior to the effective
date of this act.
(15) Except as provided by K.S.A. 17-5908 and amendments thereto, agricultural land
held or leased by a corporation or a limited liability company for use as a swine production
facility in any county which has voted favorably pursuant to K.S.A. 17-5908 and amendments
thereto, either by county resolution or by the electorate.
(16) Agricultural land held or leased by a corporation or a limited liability company for
use as a dairy production facility in any county which has voted favorably pursuant to K.S.A.
17-5907 and amendments thereto, either by county resolution or by the electorate.
(17) Agricultural land held or leased by a corporation or a limited liability company used
in a hydroponics setting.
(18) Agricultural land held or leased by a corporation or a limited liability company prior to the effective date of this act for use as a swine feedlot.
(b) Production contracts entered into by a corporation, trust, limited liability company,
limited partnership or corporate partnership and a person engaged in farming for the pro-
duction of agricultural products shall not be construed to mean the ownership, acquisition,
obtainment or lease, either directly or indirectly, of any agricultural land in this state.
(c) Any corporation, trust, limited liability company, limited partnership or corporate
partnership, other than a family farm corporation, authorized farm corporation, limited
liability agricultural company, family farm limited liability agricultural company, limited
agricultural partnership, family trust, authorized trust or testamentary trust, violating the
provisions of this section shall be subject to a civil penalty of not more than $50,000 and
shall divest itself of any land acquired in violation of this section within one year after
judgment is entered in the action. The district courts of this state may prevent and restrain
violations of this section through the issuance of an injunction. The attorney general or
district or county attorney shall institute suits on behalf of the state to enforce the provisions
of this section.
(d) Civil penalties sued for and recovered by the attorney general shall be paid into the
state general fund. Civil penalties sued for and recovered by the county attorney or district
attorney shall be paid into the general fund of the county where the proceedings were
instigated.'';
And by renumbering the remaining sections accordingly;
Also on page 66, in line 42, after ``Supp.'' by inserting ``17-5903, 17-5904,'';
On page 1, in the title, in line 19, before ``amending'' by inserting ``concerning agricultural
corporations; relating to swine production facilities;''; in line 20, after ``Supp.'' by inserting
``17-5903, 17-5904,''
The motion failed and the amendment was rejected.
Senator Biggs moved to amend the bill on page 4, in line 34, by striking all after the
period; by striking all of lines 35 through 37;
On page 5, in line 27, by striking ``(1)''; by striking all of lines 35 through 43;
On page 6, by striking all of lines 1 through 13;
On page 7, by striking all of lines 23 through 27; in line 28, by striking ``(m)'' and inserting
``(l)''.
The motion failed and the amendment was rejected.
Senator Clark moved to amend the bill on page 60, in line 3, by striking ``and 38,'', inserted
by Senate Committee of the Whole on motion of Senator Corbin, and inserting ``, 38 and
45'';
In the bill as printed with amendments by Senate Committee, on page 66, before line
41, by inserting:
``Sec. 45. (a) As used in this section, terms have the meanings provided by K.S.A. 65-
171d and amendments thereto.
(b) The board of county commissioners of any county may adopt by resolution one of
the following limitations on confined feeding facilities for hogs that are located within the
county:
(1) A maximum aggregate animal unit limit for the county for hogs located in such
facilities required by law to be permitted or registered; or
(2) a maximum aggregate animal unit limit for any township in the county for hogs
located in such facilities required by law to be permitted or registered.
(c) A resolution adopted pursuant to this section may provide for the imposition of a
civil or criminal penalty on the owner or operator of a confined feeding facility for hogs that
is constructed or expanded in violation of the limit established by such resolution.
(d) Before registering or issuing a permit for new construction or expansion of a con-
fined feeding facility for hogs in any county, the secretary of health and environment shall
obtain from the county commission certification that any limit established pursuant to this
section will not be exceeded by such construction or expansion.
(e) Nothing in this section shall be construed to prevent continued operation of a con-
fined feeding facility for hogs that, before the effective date of the resolution adopted pur-
suant to this section, was in existence and, if required by law, was registered or permitted
by the secretary of health and environment.'';
By renumbering the remaining sections accordingly;
In the title, in line 19, before ``amending'' by inserting ``authorizing counties to impose
certain limitations on certain facilities;''.
The motion failed and the amendment was rejected.
HB 2531 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 Sub. HB 2662, Sub. HB 2704;HB 2726; Sub. HB 2950 were advanced to Final
Action and roll call.
Sub. HB 2662, An act concerning governmental ethics and elections; amending K.S.A.
25-4119a, 25-4119e, 25-4147, 25-4150, 25-4156, 25-4169a, 25-4173, 25-4175, 25-4180,
46-246a, 46-253, 46-280, 46-288, 75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f,
25-4143, 25-4145, 25-4146, 25-4148, 25-4152, 25-4157a, 25-4181, 25-4186, 46-237 and
46-265 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Sub. HB 2704, An act concerning state agencies, officers and employees; relating to
development, management, coordination and planning for the utilization of the state's in-
formation technology resources; establishing the information technology executive council,
the office of chief information technology architect and certain positions of chief information
technology officer, and prescribing the powers and duties thereof; abolishing the office of
the chief information architect and the Kansas information resources council; renaming the
joint committee on computers and telecommunications as the joint committee on infor-
mation technology and relating to the organization thereof; relating to state civil service;
concerning eligibility of certain officers and employees for representation by employee or-
ganizations and eligibility of certain officers and employees for the state health care benefits
program; amending K.S.A. 46-2101, 46-2102, 75-2935, 75-4322, 75-4703, 75-4707, 75-4709,
75-5147, 75-6301, 75-6501 and 76-3,100 and repealing the existing sections; also repealing
K.S.A. 75-4706, 75-4740, 75-4741, 75-4742, 75-4743 and 75-4744, was considered on final
action.
On roll call, the vote was: Yeas 36, nays 4, present and passing 0; absent or not voting 0.
HB 2726, An act concerning cigarettes and tobacco products; relating to cigarette or
tobacco infractions; penalties therefor; certain records of sales; amending K.S.A. 22-3609,
79-3316, 79-3322, 79-3391 and 79-3393 and K.S.A. 1997 Supp. 21-3105, 21-4503a, 22-3404,
22-3409, 22-3412 and 22-3609a 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.
Sub. HB 2950, An act concerning livestock; relating to regulation of confined animal
feeding facilities; imposing restrictions on construction, operation and expansion of certain
facilities; relating to disposal of certain dead animals; providing for certain income tax credits;
relating to KIT and KIR programs; relating to Kansas development finance authority bonds;
providing for certain elections on establishment of swine production facilities in certain
counties; amending K.S.A. 2-3302, 2-3305, 2-3307, 74-5065 and 79-32,117 and K.S.A. 1997
Supp. 17-5904, 19-101a, 47-1219, 65-171d, 74-5066, 74-8902 and 74-8905 and repealing
the existing sections; also reviving K.S.A. 2-3302, 2-3305, 2-3307 and 79-32,117 and K.S.A.
1997 Supp. 47-1219 and 65-171d and repealing K.S.A. 2-3302, as amended by section 23
of this act, 2-3305, as amended by section 25 of this act, 2-3307, as amended by section 26
of this act, and 79-32,117, as amended by section 29 of this act, and K.S.A. 1997 Supp.
47-1219, as amended by section 27 of this act, and 65-171d, as amended by section 1 of
this act, was considered on final action.
On roll call, the vote was: Yeas 33, nays 6, present and passing 1; absent or not voting 0.
Senator Karr requests the record to show, his pass on Sub. HB 2950, due to a conflict
of interest.
EXPLANATION OF VOTE
Mr. President: I vote No on this bill. This is really a weak political ``feel good'', band-
aide approach to the issue of hog concentration in our state. It does not address the envi-
ronmental and quality of life issues that concern Kansans.
72% of these Kansans in 21 counties have voted against corporate hog farms in their
counties. Bad publicity surrounding large scale, corporate hog production is using up the
farmer's stock of public confidence and good will at an alarming rate. Family farms will be
paying for this loss of public trust for decades, if not forever. Uncontrolled growth of cor-
porate hog operations is tomorrow's problem disguised as today's solution.--Don Biggs
Senators Gilstrap and Petty request the record to show they concur with the ``Explanation
of Vote'' offered by Senator Biggs on Sub. HB 2950.
Mr. President: I vote yes on Sub. HB 2950. I would prefer the focus of the bill to
address more local decision-making instead of largely environmental issues. One of my fears
is that the principle elements in this bill will be applied to the cattle industry which will
have devastating effects. My proposed amendments would have allowed local communities
to chart their future instead of being placed in the position of having to react to elements
beyond their control. Mr. President, I reluctantly vote ``yes'' on this bill.--Stan Clark
Mr. President: I vote No on Sub. HB 2950.
I cannot support a bill that is catering, not only to the Corporate Hog Industry, but to a
corporation that's portraying itself as a ``family farm'' in the interest of economic develop-
ment but violates basic principles of protecting the environment, the air, and our precious
fresh water supply.
The pollution to the groundwater is a major concern that cannot be ignored. We are NOT
just talking about a ``little pig poop'' (Gary Mitchell).
The lagoons can be as large as five acres with a depth of 20 feet. To think that corporations
will be as vigilant to control this pollution for generations is wishful thinking. Once these
lagoons are filled with manure or extra rain, this manure has to be spread whether needed
or not.
K-State has only studied two lagoons in Kansas and are still installing the proper equip-
ment to monitor the seepage. The earliest we will have good data is October 1999.
Furthermore, it violates the most fundamental rule we have in our society: THE RIGHT
FOR CITIZENS TO VOTE. The people of rural communities have a right and responsibility
to weigh the evidence and logic on both sides of this issue and to make their own decisions,
especially when it effects their well-being. They have the right to take charge of their own
destinies in order to sustain a desirable quality of community life for themselves and their
children instead of turning the future of their community over to ``outside interests''.--Paul
Feleciano
Mr. President: This has been an extremely tough issue for many of my constituents.
The divisions it has caused in our community, our churches, and in some cases, even families
has really pained me. Although I was not enamored by the prospect of writing rules and
regulations in the legislative process, I did try to do what my constituents requested: to
write reasonable and strict environmental standards. This bill does not satisfy all concerns,
but I believe it is a reasonable, hard-worked effort. I look forward to a conference committee
that will continue this process of working out differences on this difficult issue.--Tim
Huelskamp
Senators Bleeker, Hardenburger, Harrington, Kerr, Morris and Salmans request the rec-
ord to show they concur with the ``Explanation of Vote'' offered by Senator Huelskamp on Sub. HB 2950.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Langworthy the Senate nonconcurred in the House amendments
to SB 6 and requested a conference committee be appointed.
The Vice-President appointed Senators Langworthy, Corbin and Lee as a conference
committee on the part of the Senate.
On motion of Senator Ranson the Senate nonconcurred in the House amendments to House Sub. for SB 212 and requested a conference committee be appointed.
The Vice-President appointed Senators Salisbury, Brownlee and Barone as a conference
committee on the part of the Senate.
On motion of Senator Praeger the Senate nonconcurred in the House amendments to SB 242 and requested a conference committee be appointed.
The Vice-President appointed Senators Praeger, Salmans and Steineger as a conference
committee on the part of the Senate.
On motion of Senator Bond the Senate nonconcurred in the House amendments to SB 400 and requested a conference committee be appointed.
The Vice-President appointed Senators Bond, Emert and Hensley as a conference com-
mittee on the part of the Senate.
ORIGINAL MOTION
On motion of Senator Ranson, the Senate acceded to the request of the House for a
conference on HB 2731.
The Vice-President appointed Senators Salisbury, Ranson and Gooch as conferees on the
part of the Senate.
On motion of Senator Hardenburger, the Senate acceded to the request of the House
for a conference on HB 2759.
The Vice-President appointed Senators Hardenburger, Becker and Gooch as conferees
on the part of the Senate.
REPORTS OF STANDING COMMITTEES
The Committee on Public Health and Welfare recommends Substitute for HB 2609, as amended by House Committee of the Whole, be amended on page 1, by striking
all in line 40; in line 43, by striking the comma where it precedes ``(3)'' and inserting ``and'';
also in line 43, by striking ``and (4)'';
On page 2, in line 3, by striking all after ``other''; in line 4, by striking all before the period
and inserting ``beautifying process on any person'';
On page 3, in line 8, by striking ``osteopathy,'';
On page 4, in line 43, by striking ``100'' and inserting ``20'';
On page 9, in line 20, by striking ``and'' and inserting a comma; in line 39, before the
period, by inserting: ``and with renewal applications filed on and after July 1, 2000, the filing
of a successfully completed written renewal examination prescribed by the board under this
subsection. For renewal applications filed on and after July 1, 2000, the board shall prescribe
a written renewal examination for each classification of licensee under this subsection which
will test the applicant's understanding of the laws relating to the practice for which the
applicant holds a license, will test the applicant's understanding of health and sanitation
matters relating to the practice for which the applicant holds a license and will test the
understanding of the applicant about safety matters relating to the practice for which the
applicant holds a license. The board shall fix the score for the successful completion of a
written renewal examination. The board shall develop an information booklet to be sent to
an applicant for renewal of a license along with the written renewal examination. The in-
formation booklet shall contain information on the subjects to be tested on the written
renewal examination and shall be provided to the applicant along with the written renewal
examination at least 30 days prior to the date on which the renewal application is to be filed.
The written renewal examination may be prepared by the applicant with the use of the
information booklet. The board shall report to the 1999 session of the legislature the progress
made by the board in developing an information booklet and a written renewal examination'';
On page 19, following line 35, by inserting the following:
``Sec. 16. K.S.A. 1997 Supp. 65-1940 is hereby amended to read as follows: 65-1940.
As used in this act, unless the context otherwise requires:
(a) ``Board'' means the Kansas state board of cosmetology.
(b) ``Director'' means the executive director of the board.
(c) ``Department'' means the department of health and environment.
(d) ``Secretary'' means the secretary of health and environment.
(e) (b) ``Licensed permanent color technician and tattoo artist'' means a person licensed
under this act to practice tattooing or permanent color technology, or both.
(f) (c) ``Permanent color technician and tattoo artist'' means a person who practices
tattooing or permanent color technology, or both pursuant to this act.
(g) (d) ``Body piercing'' means puncturing the skin of a person by aid of needles or other
instruments designed or used to puncture the skin for the purpose of inserting jewelry or
other objects in or through the human body, except puncturing the external part of the
human ear earlobe shall not be included in this definition.
(h) (e) ``Physician'' means a person licensed to practice medicine and surgery by the
state board of healing arts.
(i) (f) ``Tattoo'' means the indelible mark, figure or decorative design introduced by
insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin
upon the body of a live human being.
(j) (g) ``Tattooing'' means the process by which the skin is marked or colored by insertion
of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to
form indelible marks for cosmetic or figurative purposes.
(k) ``Tattoo (h) ``Facility'' means any room or space or any part thereof where tattooing is or body piercing, or both, are practiced or where the business of tattooing is or body piercing, or both, are conducted.
(l) ``Body piercing facility'' means any room space, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.
(m) (i) ``Permanent color technology'' means the process by which the skin is marked
or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion
of the skin so as to form indelible marks for cosmetic or figurative purposes.
(j) ``Dentist'' means a person licensed to practice dentistry by the Kansas dental board.
(k) ``Licensed body piercer'' means a person licensed under this act to practice body piercing.
Sec. 17. K.S.A. 1997 Supp. 65-1941 is hereby amended to read as follows: 65-1941. (a)
No person, including a permanent color technician and tattoo artist, shall perform tattooing,
display a sign or in any other way advertise or purport to be a permanent color technician
and tattoo artist unless that person holds a valid license issued by the board. No person shall
perform body piercing, display a sign or in any other way advertise or purport to be in the
business of body piercing unless that person holds a valid license issued by the board. This
act does not prevent or affect the use of tattooing, permanent color technology or body
piercing by a physician, a person under the control and supervision of a physician, a dentist,
a person under the control and supervision of a dentist, or an individual performing tattoo-
ing, permanent color technology or body piercing solely on such individual's own body or any other person specifically permitted to use electrolysis or tattooing by law.
(b) Violation of subsection (a) is a class A, nonperson misdemeanor.
(c) The board may bring an action to enjoin any person from practicing permanent color technology, tattooing or body piercing if such person does not hold a currently valid license.
Sec. 18. K.S.A. 1997 Supp. 65-1942 is hereby amended to read as follows: 65-1942. (a)
No person shall:
(a) (1) Sell, barter or offer to sell or barter a license;
(b) (2) purchase or procure by barter a license with intent to use it as evidence of the
person's qualification to practice tattooing, permanent color technology or body piercing;
(c) (3) alter materially a license with fraudulent intent; or
(d) (4) use or attempt to use as a valid license a license which has been purchased,
fraudulently obtained, counterfeited or materially altered; or.
(e) willfully make a false, material statement in an application for licensure or for re- newal of a license.
(b) Violation of subsection (a)(1), (a)(2), (a)(3) or (a)(4) is a class A, nonperson misde- meanor.
Sec. 19. K.S.A. 1997 Supp. 65-1943 is hereby amended to read as follows: 65-1943. An
applicant for licensure as a permanent color technician and tattoo artist or as a body piercer
shall pay a fee established by rules and regulations adopted by the board and shall show to
the satisfaction of the board that the applicant:
(a) Has complied with the provisions of this act and the applicable rules and regulations
of the secretary board, including rules and regulations which address an applicant's health and vision;
(b) is not less than 18 years of age;
(c) has a high school diploma or equivalent education;
(d) has submitted evidence of completion of education or and training prescribed and
approved by the board as follows:
(1) (A) If the application is for a permanent color technician and tattoo artist, a training
program under the direct supervision of:
(i) A person licensed as a permanent color technician and tattoo artist in a state approved
by the board, or;
(ii) a person or school in this state designated by the board, if the application is for a permanent color technician and tattoo artist license; or
(B) If the application is for a license to practice body piercing, a training program under
the direct supervision of:
(i) A person licensed to practice body piercing in a state approved by the board; or
(ii) a person or school in this state designated by the board if the application is for a license to perform body piercing; and.
(2) If the license is applied for under either subpart (A) or (B), has passed an exami-
nation approved, administered or recognized by the board.
(e) Notwithstanding the provisions in subsection (d), an applicant for licensure may have completed all or part of the prescribed education and training under the supervision of a person who is subsequently licensed.
New Sec. 20. (a) Any person who teaches and trains the profession of tattooing, per-
manent color technology or body piercing shall be required to obtain a trainer's license from
the board. To qualify for a trainer's license, the applicant shall submit an application on
forms approved by the board and pay the trainer license application fee. To qualify as a
permanent color technician and tattoo artist trainer, the applicant shall be currently licensed
as a permanent color technician and tattoo artist and have five years of full-time active
practice. To qualify as a body piercing trainer for the seven basic piercing procedures, the
applicant shall be currently licensed as a body piercer and have two years of full-time active
practice. To qualify as a body piercing trainer for advanced piercing, the applicant shall be
currently licensed as a body piercer and have four years of full-time active practice.
(b) The trainer license shall expire one year following its issuance and may be renewed
upon application accompanied by the instructor license renewal fee made to the board
before the license expires. An instructor license may be renewed by the applicant within six
months after the date of expiration of the license upon payment of the renewal fee and
payment of a delinquent renewal fee. An applicant whose instructor's license has expired
for more than six months may obtain an instructor's license in the same manner and on
payment of the same fees as provided for an applicant for an original license.
New Sec. 21. (a) Any person desiring to practice tattooing, permanent color technology
or body piercing while completing a training program shall be required to obtain an ap-
prentice license. The applicant shall pay the apprentice license fee and submit an application
on a form approved by the board which indicates the name of the licensed trainer under
whose supervision the apprentice will practice and the name and address and telephone
number of the facility in which the apprentice will practice. The applicant shall also comply
with applicable rules and regulations of the board including rules and regulations which
address the applicant's health and vision. The application for an apprentice license shall be
submitted to the board before the person begins the training program. The person shall not
practice tattooing, permanent color technology or body piercing until the apprentice license
has been issued. An apprentice shall practice tattooing, permanent color technology or body
piercing under the supervision of the licensed trainer who is indicated on the application
form. An apprentice shall notify the board at least seven calendar days before changing the
apprentice's trainer by submitting a written statement with the name of the new trainer and
the addresses and telephone number of the facility in which the apprentice will practice.
An apprentice shall keep the apprentice license conspicuously posted in the facility where
the apprentice practices.
(b) An apprentice license issued by the board shall expire at such time as final action
on the application for licensure as a permanent color technician and tattoo artist or body
piercer is completed or two years after the date of issuance of the apprentice license.
Sec. 22. K.S.A. 1997 Supp. 65-1944 is hereby amended to read as follows: 65-1944. (a)
A person who holds a license as a permanent color technician and tattoo artist or as a body piercer shall notify the board in writing of the regular address and telephone number of the place or places facility where the person performs or intends to perform permanent color technology, tattooing or body piercing and shall keep the license conspicuously posted in the place of business such facility at all times. Such person shall also keep the board notified in writing of the person's home address and telephone number.
(b) The board shall keep a record of the place or places of business of facility or facilities where each person who holds a license performs permanent color technology, tattooing or body piercing.
(c) Any notice required to be given by the board to a person who holds a license may
be given by mailing the notice to the address of the last place of business practice of which
the person has notified the board.
(d) The board shall issue to each qualified applicant a license to operate a tattoo facility or a body piercing facility where permanent color technology, tattooing or body piercing is practiced and to advertise permanent color technology, tattooing or body piercing services
for which the facility is licensed.
Sec. 23. K.S.A. 1997 Supp. 65-1945 is hereby amended to read as follows: 65-1945. (a)
Except as otherwise provided in this section, a license issued under K.S.A. 1997 Supp. 65- 1950 65-1943 and amendments thereto expires one year after the date of issue unless re-
newed by payment of the required renewal fee. The board may vary the date of license
renewal by giving to the applicant written notice of the renewal date being assigned and by
making prorated adjustments in the renewal fee. If payment is transmitted by postal service,
the envelope must be postmarked on or before the expiration of the license. If the license
expires, the license may be renewed within six months of the expiration date on payment
of a renewal fee and late penalty delinquent renewal fee established by the board under this
act.
(b) The board may suspend the license of any person who fails to renew. A suspended
license may be reactivated upon the payment of a reactivation fee established by the board
under this act and all past unpaid renewal fees.
(c) A person applying for reactivation shall not be required to take an examination as a
condition of reactivation if the reactivation occurs within three years after the date the
license expired.
(d) All licensed permanent color technicians, and tattoo artists and persons who are
licensed to perform body piercing must shall be required to participate in continuing edu-
cation, with guidelines and effective date to be established by rules and regulations of the
board.
New Sec. 24. Any person desiring to practice as a permanent color technician and tattoo
artist or as a body piercer for no more than 15 continuous days may apply for a temporary
license by submitting an application on a form approved by the board and submitting a
temporary license fee at least 30 days prior to the date on which the applicant intends to
practice in this state. To qualify for a temporary license, a person shall be 18 years of age
and shall take and pass the practical examination administered by the board.
Sec. 25. K.S.A. 1997 Supp. 65-1946 is hereby amended to read as follows: 65-1946.
Licensed practicing permanent color technicians and tattoo artists and persons who are
licensed to perform body piercing shall meet the following standards and any others other standards the board may adopt by rules and regulations:
(a) Tattooing and body piercing instruments shall be sterilized in accordance with meth-
ods approved by rules and regulations of the board and such rules and regulations shall be approved by the secretary before adoption or amendment;
(b) practicing licensed permanent color technicians and tattoo artists and persons li-
censed to perform body piercing shall be equipped with appropriate sterilizing equipment,
with availability of hot and cold running water and a covered waste receptacle; and
(c) a case history cards record shall be kept for each client for a period of five years.
Sec. 26. K.S.A. 1997 Supp. 65-1947 is hereby amended to read as follows: 65-1947.
The board may revoke, suspend, refuse to issue a license or renewal or place on probation
any licensee upon proof that a person or licensee:
(a) Has been convicted of a violation under K.S.A. 1997 Supp. 65-1942 and amendments thereto;
(b) has been convicted in this or any other state of a crime related to the practice of permanent color technology, tattooing or body piercing;
(c) has knowingly misrepresented, misstated or failed to disclose personal qualifications or other information necessary to practice tattooing or body piercing in any communication to the board or the department made a material false, misleading or deceptive statement or made a material omission in an application for licensure or renewal of a license or in any communication to the board;
(d) has used, caused or promoted the use of any advertising matter, promotional liter-
ature, warranty, label, insignia or any other representation, however disseminated or pub-
lished, that is false, misleading or deceptive;
(e) has knowingly deceived the public by acting in a manner as to mislead clients as to
the person's professional status;
(f) has employed directly or indirectly any suspended or unlicensed person to perform
any permanent color technology, tattooing or body piercing covered by this act;
(g) has permitted another person to use the license;
(h) has practiced permanent color technology, tattooing or body piercing under a false,
misleading or deceptive name;
(i) has failed, if a licensed permanent color technician and tattoo artist or if licensed to perform body piercing, body piercer to maintain a business address and telephone number
at which the licensee may be reached during business hours;
(j) has failed, if a nonpracticing permanent color technician and tattoo artist or a person
licensed to perform body piercing, to provide the board with a home address and telephone
number;
(k) has failed to properly and reasonably accept responsibility for the actions of em-
ployees;
(l) has practiced permanent color technology, tattooing or body piercing with a mental
or physical illness that affects ability to perform or endangers the public;
(m) has demonstrated gross incompetence or gross negligence in performing permanent color technology, tattooing or body piercing; or
(n) has violated any of the provisions of this act or rules and regulations adopted by the
board pursuant to this act.;
(o) has become a danger to the public by reason of alcohol or drug abuse; or
(p) has been convicted of a felony, and the licensee or applicant for a license is unable to demonstrate to the board's satisfaction that such person has been sufficiently rehabilitated to warrant the public trust.
Sec. 27. K.S.A. 1997 Supp. 65-1948 is hereby amended to read as follows: 65-1948.
The powers and duties of the board as related to this act are as follows:
(a) To authorize all disbursements necessary to carry out the provisions of this act;
(b) to determine training, education and experience requirements for taking the ex-
amination and to supervise and administer examinations to test the knowledge of applicants
for licensure;
(c) to license persons who apply to the board and who have qualified to practice tat-
tooing, permanent color technology, or body piercing, to license persons who apply to the board and who have qualified for a trainer's license, to license persons who apply to the board and who have qualified for an apprentice license;
(d) to rent facilities when necessary to carry out the examination of applicants for li-
censure;
(e) to renew licenses;
(f) to suspend or revoke licenses or place licensees on probation in the manner provided
by this act;
(g) to appoint representatives to conduct or supervise the examination of applicants for
licensure;
(h) to designate the time and place for examining applicants for licensure;
(i) to carry out, together with the department or separately, the periodic inspection of
facilities of persons who are licensed to practice tattooing or body piercing operate a facility where tattooing, permanent color technology or body piercing is practiced;
(j) to issue a tattoo facility license to operate a facility where tattooing, permanent color technology or body piercing is practiced to qualified applicants upon compliance with this
act;
(k) to issue a body piercing facility license to qualified applicants upon compliance with this act; and
(l) (k) to appoint or employ subordinate employees.
Sec. 28. K.S.A. 1997 Supp. 65-1949 is hereby amended to read as follows: 65-1949. (a)
The board shall adopt rules and regulations to prescribe education, experience and training
standards for the practice of permanent color technology, tattooing and separate education and training standards for the licensure of body piercing.
(b) An applicant seeking licensure as a permanent color technician and tattoo artist or to be licensed to perform body piercing body piercer shall be required to demonstrate safety,
sanitation and sterilization techniques by means of an inspection a written examination and a practical examination conducted by the board to test the applicant's knowledge of and techniques concerning infection control practices and other requirements.
Sec. 29. K.S.A. 1997 Supp. 65-1950 is hereby amended to read as follows: 65-1950. (a)
The board shall assess, by rules and regulations adopted by the board, the following non- refundable fees and any other nonrefundable fees necessary to carry out the provisions of
this act:
(1) Application fee for permanent color technician and tattoo artist license or body piercer license;
(2) examination fees;
(3) reexamination fees;
(4) reciprocity fee;
(5) permanent color technician and tattoo artist or body piercer license fee;
(6) license renewal fee, active and inactive for permanent color technician and tattoo artist or body piercer;
(7) late delinquent renewal fee for any personal or facility license;
(8) reactivation apprentice license fee;
(9) duplicate license fee;
(10) demonstration permit temporary license fee for permanent color technician and tattoo artist or body piercer;
(11) tattoo, permanent color technology or body piercing facility license fee and renewal
fee, active or inactive; and
(12) body piercing facility fee renewal fee. application fee for trainer license; and
(13) trainer license fee and renewal fee.
(b) The board shall license each applicant, without discrimination, who proves to the
satisfaction of the board, fitness for such licensure as required by this act and upon payment
of a fee established by the board under this section. Except as provided in K.S.A. 1997 Supp. 65-1945, the board shall issue to the applicant a license that expires one year after the date of issuance.
(c) An applicant who is employed as a permanent color technician and tattoo artist or body piercer on the day immediately preceding the effective date of this act shall be licensed
by the board, even though the applicant does not meet the training requirements of this
act, so long as the applicant successfully passes an examination required by the board and by July 1, 1999, meets the training requirements of this act.
(d) The board shall establish all fees under this act. The fees and charges established
under this section shall not exceed the cost of administering the regulatory program under
this act pertaining to the purpose for which the fee or charge is established.
Sec. 30. K.S.A. 1997 Supp. 65-1954 is hereby amended to read as follows: 65-1954. (a)
The board, in addition to any other penalty prescribed under the act governing body pierc- ers, permanent color technicians and tattoo artists, may assess civil fines and costs, including
attorney fees, after proper notice and an opportunity to be heard, against any person or
entity for a violation of the statutes, rules and regulations or orders enforceable by the board
in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation
and $15,000 for the third violation and for each subsequent violation.
(b) In determining the amount of penalty to be assessed pursuant to this section, the
board may consider the following factors among others: (1) Willfulness of the violation; (2)
repetitions of the violation; and (3) magnitude of the risk of harm caused by the violation.
(c) In addition to a civil penalty and costs, the board may assess investigation and hearing
costs against a licensee or an unlicensed person for proceedings which have resulted in a
successful action by the board against the license of the licensee or the unlicensed person
under K.S.A. 1997 Supp. 65-1947 this act and amendments thereto.
(d) All civil fines assessed and collected under this section shall be remitted to the state
treasurer at least monthly and shall be deposited in the state treasury and credited to the
state general fund. All costs assessed under this section shall be remitted to the state trea-
surer at least monthly and shall be deposited in the state treasury and credited to the
cosmetology fee fund.'';
And by renumbering sections accordingly;
Also on page 19, in line 38, after ``65-1912'' by inserting ``, 65-1940, 65-1941, 65-1942,
65-1943, 65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949, 65-1950 and 65-1954'';
On page 1, in the title, in line 13, after ``65-1912'' by inserting: ``, 65-1940, 65-1941, 65-
1942, 65-1943, 65-1944, 65-1945, 65-1946, 65-1947, 65-1948, 65-1949, 65-1950 and
65-1954''; and the bill be passed as amended.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Thursday, April 2,
1998.