The Senate was called to order by President Dick Bond.
The roll was called with forty senators present.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
How effective we are here depends so much on how we relate to each other. You
have made it clear that the essence of a good relationship is love. It is the heart of
the greatest commandment. It is the reason You sent Your Son. John even said that
God IS love.
But our language has diluted this great word. We use it to express our good feelings
toward anything and everything. I myself have said I love my car, the mountains,
pecan pie, Glen Miller music, C-Span, cowboy movies, peanut buster parfait, preach-
ing, Barney Fife, salisbury steak, Spring, Rambo, and a host of other favorite things
and people.
In English love has so many connotations that appreciation and respect seem to
communicate better. I may think someone is dead wrong because his or her argu-
ment doesn't make sense to me, but if he or she does not put me down
nor shout me down
nor ridicule me,
nor interrupt me,
nor bad mouth me,
nor be rude to me,
nor sandbag me,
nor lie to me,
Then I can appreciate him or her and respect him or her. And perhaps that is the
original meaning of love as described by Paul in I Corinthians 13.
I thank You, Lord, for loving us this way
In the name of Christ,
AMEN
POINT OF PERSONAL PRIVILEGE
Senator Gilstrap rose on a point of personal privilege to introduce his wife, JoAnne Mantel
Gilstrap; and other family members, Mary Breitenstein Orlowski, Jack Breitenstein, Richard
Breitenstein and Kate Breitenstein Mantel.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Transportation and Tourism: HCR 5054.
MESSAGE FROM THE HOUSE
Announcing adoption of SCR 1621.
The House adopts the conference committee report on SB 106.
The House concurs in Senate amendments to HB 2867 and requests the Senate to return
the bill.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Emert moved the Senate concur in house amendments to H Sub. for SB 100.
H Sub. for SB 100, An act concerning public records; relating to school district, county
and court records; amending K.S.A. 19-250, 19-252, 20-159 and 72-5371 and repealing the
existing sections.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Senator Hardenburger moved the Senate concur in house amendments to SB 679.
SB 679, An Act concerning counties; relating to roads, bridges, culverts and cornerstones;
amending K.S.A. 19-1432 and 68-1103 and repealing the existing sections.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 106, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, by striking all in lines 40 through 43;
By striking all on page 2;
On page 3, by striking all in lines 1 and 2;
And by renumbering ``Sec. 3.'' as ``Sec. 2.'';
On page 1, in the title, in line 13, by striking ``; relating to creation of trusts in certain
circum-''; in line 14, by striking ``stances'';
And your committee on conference recommends the adoption of this report.
Tim Carmody
Terry Presta
Janice L. Pauls
Conferees on part of House
Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee report on SB 106.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Praeger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1852--
A RESOLUTION congratulating and commending Lori C. Swallow.
WHEREAS, Lori C. Swallow has been selected to receive the 1998 Frank Sullivan Me-
morial Scholarship; and
WHEREAS, The Frank Sullivan Memorial Scholarship was established to honor the
memory and service of the late Frank Sullivan, who served as Kansas Commissioner of
Insurance from 1947 to 1971, and to encourage and support the study of insurance at Kansas
colleges and universities; and
WHEREAS, Lori C. Swallow, who worked for Liberty Mutual Insurance Company, first
as a part-time employee in the Loss Prevention Department and later as Insurance Assistant
for National Sales, gained a knowledge of and a growing interest in the insurance industry
through her own initiative and self reliance; and
WHEREAS, Lori C. Swallow, who is currently a freshman at Haskell Indian Nations
University, has the goal of excelling in a career in the insurance field; and
WHEREAS, Lori C. Swallow, who is a tribal member of the Oglala Sioux, has dedicated
herself to addressing insurance issues within her own tribe and those of Native Americans
across the country; and
WHEREAS, Lori C. Swallow is married to Tyrone Swallow. They have two children,
Vance and Amanda, who are very proud of Lori's accomplishments: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Lori C. Swallow for her selection as the 1998 recipient of the Frank Sullivan Memorial
Scholarship; and
Be it further resolved: That the Secretary of the Senate be directed to send an enrolled
copy of this resolution to Lori C. Swallow, 155 Indian Avenue, #21, Lawrence, Kansas 66046.
On emergency motion of Senator Praeger SR 1852 was adopted unanimously.
Senator Praeger introduced and congratulated Lori Swallow. Accompanying Lori were
her husband Tyrone, children Vance and Amanda and parents, Anna and Larry Morse. Also
introduced were Frank Sullivan's daughter and husband, Betty and Harold Goss, and In-
surance Commissioner Kathleen Sebelius.
Senator Lee introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1853--
A RESOLUTION congratulating and commending the Claflin High School boys football
team and Coach Gregg Webb for winning the 1997 Class 2-1A State Football Cham-
pionship.
WHEREAS, The Claflin High School boys football team won the 1997 Kansas State
High School Activities Association Class 2-1A State Football Championship with a thrilling
22-12 victory over Centralia High School in the state championship game; and
WHEREAS, The victory over Centralia capped a perfect 13-0 season for the Claflin
``Wildcats'' and was the 100th win in Coach Webb's career. The game was a contrast of two
different styles of play--Claflin never threw a pass and relied on a power-running, time-
consuming attack while Centralia had an option and passing attack; and
WHEREAS, The Claflin team had to come from behind to win its way to the state finals.
The Wildcats beat Lincoln 43-16 to qualify for the regionals. They beat Ell-Saline 27-7 in
regional play at Claflin and traveled to St. Francis for their sub-state game. There they
overcame a 13 point half time deficit to beat St. Francis 28-19; and
WHEREAS, The members of this outstanding football team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to excellent teamwork, strong competitive
spirit, a determination to win, and the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Claflin High School boys
football team and Coach Webb be congratulated and commended for winning the 1997
Kansas State High School Activities Association Class 2-1A State Football Championship;
and
Be it further resolved: That the Secretary of the Senate be directed to send 40 enrolled
copies of this resolution to Coach Gregg Webb, Claflin Jr-Sr. High School, P.O. Box 348,
Claflin, Kansas 67525.
On emergency motion of Senator Lee SR 1853 was adopted unanimously.
REPORTS OF STANDING COMMITTEES
Committee on Federal and State Affairs recommends HB 2510, as amended by
House Committee of the Whole, be amended on page 1, in line 22, by striking ``and any
other''; by striking all in line 23; in line 24, by striking all before the period; in line 41, by
striking ``or other gaming matters''; in line 42, by striking ``and the state''; in line 43, by
striking all before ``to'';
On page 2, in line 4, by striking ``and other gaming matters'';
On page 14, by striking all in lines 4 through 43;
On page 15, by striking all in lines 1 through 43;
On page 16, by striking all in lines 1 through 43;
On page 17, by striking all in lines 1 through 43;
On page 18, by striking all in lines 1 through 38;
By renumbering sections accordingly;
Also on page 18, in line 39, by striking ``1996 Supp.'';
On page 19, in line 12, by striking ``, 74-8831 and 74-8836'' and inserting ``and 74-8831'';
In the title, in line 14, by striking ``, 74-8831 and 74-8836'' and inserting ``and 74-8831'';
and the bill be passed as amended.
REPORT ON ENROLLED BILLS
SR 1850 reported correctly enrolled, properly signed and presented to the Secretary of
the Senate on April 2, 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
Morris in the chair.
On motion of Senator Morris the following report was adopted:
Recommended that S Sub. HB 2149,as amended by adoption of the committee report
recommending a substitute bill,be amended by motion of Senator Salisbury on page 49, by
striking all in lines 16 through 20, and by inserting the following subsection:
``(b) Notwithstanding the provisions of subsection (a) relating to the member's require-
ment of retirement under each system before being paid a retirement benefit under one
system, and not earlier than six months prior to attaining eligibility for retirement under a
retirement system in which a member became an inactive member prior to July 1, 1995,
any member participating in another retirement system may apply to the board of trustees
for retirement under the system in which the member is inactive subject to the provisions
of this subsection. The board shall adopt rules and regulations to establish procedures and
criteria to determine whether an individual member has suffered significant financial dis-
advantages due to such provisions of subsection (a). If upon a determination that such
member has suffered significant financial disadvantages due to such provisions of subsection
(a), then the board may grant the individual member's application for retirement under the
system in which the member is inactive and the individual member may elect to continue
working and accruing service credit under another system without having to retire from
such system. In such a case, such provisions of subsection (a) shall not apply after the board
has certified its finding that such individual member would suffer significant financial dis-
advantages if required to retire under both systems as provided in subsection (a).''
An amendment offered by Senator Downey to S Sub. HB 2149 was withdrawn.
The following amendments offered to S Sub. HB 2149 were rejected:
Senator Downey moved to amend the substitute bill on page 52, after line 8, by inserting
the following new section:
``New Sec. 27. The retirement benefit, pension or annuity payments accruing after June
30, 1998, to each retirant of the state school retirement system who retired prior to January
1, 1971, and who had at least 25 years or more of service credit, shall be increased by an
amount equal to $100.'';
And by renumbering sections accordingly.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 18, nays 20, present and passing 1; absent or not voting
1.
Senator Downey moved to amend the substitute bill on page 52, after line 8, by inserting
the following new sections:
``Sec. 27. K.S.A. 74-4919i is hereby amended to read as follows: 74-4919i. Any person
who becomes a member of the Kansas public employees retirement system pursuant to
subsection (14) of K.S.A. 74-4902 and amendments thereto, subsection (4) of K.S.A. 74-
4932 and amendments thereto, K.S.A. 74-4911c and amendments thereto or sections 18 and 19, 74-4911d or 74-4919k, and amendments thereto, may elect to purchase additional
benefits for any service performed during the period that such person was barred from
membership in the Kansas public employees retirement system, except that no person shall
purchase additional benefits for any service which is the basis or will become the basis for
retirement credit or benefits under a retirement annuity under the provisions of K.S.A.
74-4925 and amendments thereto. As used in this section, ``annual compensation'' means the rate of annual compensation being paid to such member by the participating employer on the date of application to purchase additional benefits. At the election of the member the benefit for each such year of service shall be equal to either 1% or 1.75% of the final average salary of any such member. Such member may purchase additional benefits by making
application therefor at least three years prior to date of retirement and by making at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon the member's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such member may purchase service as described in this section by electing to effect such purchase by means of of a single lump-sum payment in lieu of employee contribution as provided in this section in an amount equal to the then
present value of the benefits being purchased as determined by the actuary using the mem-
ber's attained age, annual compensation at the time of purchase and the actuarial assump-
tions and tables then in use by the system. The lump-sum payment shall be made imme-
diately upon being notified of the amount due. No participating employer shall pay all or
any part of the cost of any additional benefits authorized to be purchased by a member
under this section. The benefit for each such year of service shall be equal to 1% of the annual compensation at the time the member purchases such additional benefits.
Sec. 28. K.S.A. 1997 Supp. 74-4919n is hereby amended to read as follows: 74-4919n.
Any employee of a participating employer who is a member of the Kansas public employees
retirement system, who was previously employed in another state in nonfederal govern-
mental employment and which service otherwise meets the requirements of an employee
as prescribed in subsection (14) of K.S.A. 74-4902 or subsection (4) of K.S.A. 74-4932 and
amendments thereto, may elect to purchase prior service for such out-of-state nonfederal
governmental employment. At the election of the member, the benefit for each such year of
employment shall be equal to either 1% or 1.75% of the final average salary of any such
member. Such member may purchase such prior service by making application therefor
prior to date of retirement at an additional rate of contribution in addition to the employee's
rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon
the member's attained age at the time of purchase and using actuarial assumptions and
tables in use by the retirement system at the time of such purchase. Such additional rate of
contribution shall commence at the beginning of the quarter following such election and
shall remain in effect until all quarters of such service have been purchased. Any such
member may purchase such prior service as described in this section by electing to effect
such purchase by means of a single lump-sum payment in lieu of employee contributions
as provided in this section in an amount equal to the then present value of the benefits
being purchased as determined by the actuary using the member's attained age, annual
compensation at the time of purchase and the actuarial assumptions and tables then in use
by this system. The lump-sum payment shall be made immediately upon being notified of
the amount due. No participating employer shall pay the cost, or any part thereof, of any prior service authorized to be purchased by a member under this section.
Sec. 29. K.S.A. 1997 Supp. 74-4919p is hereby amended to read as follows: 74-4919p.
Any member may purchase prior service for periods of service in the United States peace
corps which commenced on or after January 1, 1962. At the election of the member, the
benefit for each such period of service shall be equal to either 1% or 1.75% of the final
average salary of any such member. Such member may purchase such prior service by
making application therefor prior to date of retirement at an additional rate of contribution
in addition to the employee's rate of contribution as provided in K.S.A. 74-4919 and amend-
ments thereto, based upon the member's attained age at the time of purchase and using
actuarial assumptions and tables in use by the retirement system at the time of such pur-
chase. Such additional rate of contribution shall commence at the beginning of the quarter
following such election and shall remain in effect until all quarters of such service have been
purchased. Any such member may purchase prior service as described in this section by
electing to effect such purchase by means of a single lump-sum payment in lieu of employee
contributions as provided in this section in an amount equal to the then present value of
the benefits being purchased as determined by the actuary using the member's attained age,
annual compensation at the time of purchase and the actuarial assumptions and tables then
in use by this system. The lump-sum payment shall be made immediately upon being no-
tified of the amount due. No participating employer shall pay the cost, or any part thereof,
of any prior service authorized to be purchased by a member under this section. The pro-
visions of this section shall be effective on and after July 1, 1996.
Sec. 30. K.S.A. 1997 Supp. 74-4919q is hereby amended to read as follows: 74-4919q.
Any employee of a participating employer who is a member of the Kansas public employees
retirement system, who was previously employed as an employee of the memorial union
corporation which is affiliated with Emporia state university, may elect to purchase prior
service for such employment. At the election of the member, the benefit for each such year
of employment shall be equal to either 1% or 1.75% of the final average salary of any such
member. Such member may purchase such prior service by making application therefor
prior to date of retirement at an additional rate of contribution in addition to the employee's
rate of contribution as provided in K.S.A. 74-4919 and amendments thereto, based upon
the member's attained age at the time of purchase and using actuarial assumptions and
tables in use by the retirement system at the time of such purchase. Such additional rate of
contribution shall commence at the beginning of the quarter following such election and
shall remain in effect until all quarters of such service have been purchased. Any such
member may purchase prior service as described in this section by electing to effect such
purchase by means of a single lump-sum payment in lieu of employee contributions as
provided in this section in an amount equal to the then present value of the benefits being
purchased as determined by the actuary using the member's attained age, annual compen-
sation at the time of purchase and the actuarial assumptions and tables then in use by this
system. The lump-sum payment shall be made immediately upon being notified of the
amount due. No participating employer shall pay the cost, or any part thereof, of any prior
service authorized to be purchased by a member under this section. The provisions of this
section shall be effective on and after July 1, 1996.
Sec. 31. K.S.A. 1997 Supp. 74-4936a is hereby amended to read as follows: 74-4936a.
Any employee of a participating employer who is a member of the Kansas public employees
retirement system, who was previously employed in a teaching position with a public school
system of another state, in a foreign teaching service in an overseas dependents' school, in
a recognized teacher exchange program or in any program where a teacher is chosen by the
Kansas department of education to teach in a foreign country and which service otherwise
meets the requirements of an employee as prescribed in subsection (14) of K.S.A. 74-4902
or subsection (4) of K.S.A. 74-4932 and amendments thereto may elect to purchase prior
service for such out-of-state public school or overseas teaching employment. At the election of the member, the benefit for each such year of employment shall be equal to either 1% or 1.75% of the final average salary of any such member. Such member may purchase such prior service by making application therefor prior to date of retirement at an additional rate
of contribution in addition to the employee's rate of contribution as provided in K.S.A.
74-4919 and amendments thereto, based upon the member's attained age at the time of
purchase and using actuarial assumptions and tables in use by the retirement system at the
time of such purchase. Such additional rate of contribution shall commence at the beginning
of the quarter following such election and shall remain in effect until all quarters of such
service have been purchased. Any such member may purchase such prior service as de-
scribed in this section by electing to effect such purchase by means of a single lump-sum
payment in lieu of employee contributions as provided in this section in an amount equal
to the then present value of the benefits being purchased as determined by the actuary
using the member's attained age, annual compensation at the time of purchase and the
actuarial assumptions and tables then in use by this system. The lump-sum payment shall
be made immediately upon being notified of the amount due. No participating employer
shall pay the cost, or any part thereof, of any prior service authorized to be purchased by a
member under this section.'';
And by renumbering sections accordingly;
Also on page 52, in line 9, after ``20-2606'' by inserting ``, 74-4919i''; in line 10, after ``74-
4917,'' by inserting ``74-4919n, 74-4919p, 74-4919q,''; in line 11, after ``74-4921,'' by in-
serting ``74-4936a,'';
On page 1, in the title, in line 15, after the third semicolon, by inserting ``purchase of
service credit;''; in line 17, after ``20-2606'' by inserting ``, 74-4919i''; in line 19, after ``74-
4917,'' by inserting ``74-4919n, 74-4919p, 74-4919q,''; also in line 19, after ``74-4921,'' by
inserting ``74-4936a,''.
The motion failed and the amendment was rejected.
On motion of Senator Emert, the Senate recessed until 2:30 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS SENTENCING COMMISSION
APRIL 1, 1998
Barbara S. Tombs, Executive Director, Kansas Sentencing Commission, submitted a copy
of the 1997 Annual Report.
The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2612, 2895, 2921.
Adoption of HCR 5052.
Also, passage of SB 672.
Passage ofSB 618, as amended by House Substitute for SB 618.
The House nonconcurs in Senate amendments to Substitute HB 2704, requests a con-
ference and has appointed Reps. Farmer, Morrison and Dean as conferees on the part of
the House.
The House nonconcurs in Senate amendments to HB 2723, requests a conference and
has appointed Reps. Mayans, Morrison and Henry as conferees on the part of the House.
The House nonconcurs in Senate amendments to HB2726, requests a conference and
has appointed Reps. Carmody, Presta and Garner as conferees on the part of the House.
The House nonconcurs in Senate amendments to Substitute HB2972, requests a con-
ference and has appointed Reps. Boston, Tanner and Ruff as conferees on the part of the
House.
The House nonconcurs in Senate amendments to Substitute HB2950, requests a con-
ference and has appointed Reps. Freeborn, Glasscock and McClure as conferees on the
part of the House.
The House accedes to the request of the Senate for a conference on SB 6 and has
appointed Reps. Phill Kline, Powell and Larkin as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on House Substitute forSB 212 and has appointed Reps. Aurand, Sloan and McKinney as conferees on the part
of the House.
The House accedes to the request of the Senate for a conference on SB 242 and has
appointed Reps. Mayans, Morrison and Henry as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 400 and has
appointed Reps. Phil Kline, Farmer and Helgerson asconferees on the part of the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2612, 2895, 2921; HCR 5052 were thereupon introduced and read by title.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2419, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 4, by striking all of lines 42 and 43;
On page 5, by striking all of lines 1 through 6 and inserting:
``(d) Upon entry of a final order by a court having jurisdiction, or a final order of a
governmental authority having jurisdiction, that requires first sellers to make refunds of
reimbursements for ad valorem taxes on royalty interests during the years 1983 through
1988 notwithstanding this section or if this section is determined to be unconstitutional, in
whole or in part, nothing in this section shall be construed to have affected the rights and
remedies available to any party under the laws of the state of Kansas, including those ap-
plicable in any action that a first seller of natural gas may bring against a royalty interest
owner to obtain such a refund.'';
Also on page 5, in line 10, by striking ``statute book'' and inserting ``Kansas register'';
And your committee on conference recommends the adoption of this report.
David R. Corbin
Stephen R. Morris
Donald E. Biggs
Conferees on part of Senate
Joann Freeborn
Dan Johnson
Eber Phelps Conferees on part of House
Senator Corbin moved the Senate adopt the Conference Committee report on HB 2419.
On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2.
Committee on Public Health and Welfare recommends HB 2969 be passed.
Committee on Transportation and Tourism recommends HB 3014, as amended by
House Committee, be passed.
Also HCR 5054 be adopted.
REPORT ON ENGROSSED BILLS
H Sub. for SB 100; SB 642 reported correctly engrossed April 2, 1998.
Also, SB 679 correctly re-engrossed April 2, 1998.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTIONS
On emergency motion of Senator Hensley, HCR 5054, A concurrent resolution urging
the United States Congress to support modernization of US-59 highway by designating it
as a demonstration project, was adopted by voice vote.
COMMITTEE OF THE WHOLE
The Senate returned to Committee of the Whole for consideration of bills on the calendar
under the heading of General Orders with Senator Morris in the chair.
The Committee continued consideration of S Sub. HB 2149 as amended in the morning
session,and recommended the substitute bill be amended by motion of Senator Emert on
page 52, after line 8, by inserting a new section as follows:
``Sec. 27. K.S.A. 74-4924 is hereby amended to read as follows: 74-4924. (1) Any person
who shall knowingly make any false statement, or who shall falsify or permit to be falsified
any record necessary for carrying out the intent of this act for the purpose of committing
fraud, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment for not exceeding one (1) year subject to the provisions of K.S.A. 21-3904 and amendments thereto.
(2) Should any error in any records or in any calculation of the Kansas public employees
retirement system result in any member or beneficiary receiving more or less than he would
have been entitled to receive had the records or calculations been correct, the board shall
correct such error, and, as far as practicable, make future payments in such a manner that
the actuarial equivalent of the benefit to which such member or beneficiary was entitled
shall be paid, and to this end and may recover any overpayments: Provided,. In the event a
member has withdrawn, all or part of, his such member's accumulated contributions in a
manner not in compliance with the provisions of this act or the regulations of the system
the amount of such withdrawal, plus interest at a rate specified by the board, shall be
deducted from any amounts, including group insurance benefits, which shall become due
the member or his such member's beneficiaries under the provisions of this act.'';
And by renumbering sections accordingly;
Also on page 52, in line 9, before ``and'' the first time it appears by inserting ``, 74-4924'';
On page 1, in the title, in line 17, before ``amending'' by inserting ``criminal penalty for
making false statements;''; in line 17, before ``and'' by inserting ``, 74-4924'', and the sub-
stitute bill be passed as amended.
Senator Downey offered an amendment which was withdrawn.
The following amendments were rejected:
Senator Downey moved to amend the substitute bill on page 51, in line 13, by striking
``2.0%'' and inserting ``3.0%''; in line 19, by striking ``1993'' and inserting ``1997''; in line 21,
by striking ``1993'' and inserting ``1997''; in line 38, by striking ``$18,895,173'' and inserting
``$83,500,000''; in line 42, by striking ``1993'' and inserting ``1997''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 14, nays 25, present and passing 0; absent or not voting
1.
Senator Hensley moved to amend the substitute bill on page 51, in line 19, by striking
``1993'' and by inserting ``1997''; in line 21, by striking ``1993'' and inserting ``1997''; in line
38, by striking ``$18,895,173'' and inserting ``$38,100,000''; in line 42, by striking ``1993'' and
inserting ``1997''.
The motion failed and the amendment was rejected.
SB 648 be amended by adoption of the committee amendments, and the bill be further
amended by motion of Senator Kerr on page 4, following line 16, by inserting a subsection
as follows:
``(w) ``Residual equity transfer'' means any non-recurring or non-routine transfers of
equity between funds.'';
And by relettering the remaining subsections accordingly;
On page 5, in line 9, by striking all after ``the'' where it appears for the last time; in line
10, by striking all before ``shall'' and inserting ``residual equity transfers from the state
highway fund made for the purposes of capitalizing the fund''; in line 11, by striking all after
the period; by striking all of lines 12 to 15, inclusive; in line 16, by striking all before the
period, and the bill be passed as further amended.
HB 2531 be amended by adoption of the committee amendments.
Senator Emert offered the following amendment:
On page 1, in line 24, after ``in'' by inserting ``sections 1 to 14, inclusive, of '';
On page 23, preceding line 10, by inserting the following:
``Sec. 15. K.S.A. 1997 Supp. 65-6703 is hereby amended to read as follows: 65-6703.
(a) No person shall perform or induce an abortion when the fetus is viable unless such
person is a physician and has a documented referral from another physician not legally or
financially associated affiliated with the physician performing or inducing the abortion and
both physicians determine that: (1) The abortion is necessary to preserve the life of the
pregnant woman; or (2) the fetus is affected by a severe or life-threatening deformity or
abnormality; or (3) a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(b) (1) Except in the case of a medical emergency, prior to performing an abortion upon a woman, the physician shall determine the gestational age of the fetus according to accepted medical practice and standards applied by physicians in the same or similar circumstances. If the physician determines the gestational age is less than 24 weeks, the physician shall document as part of the medical records of the woman the basis for the determination.
(2) If the physician determines the gestational age of the fetus is 24 or more weeks, prior to performing an abortion upon the woman the physician shall determine if the fetus is viable by using and exercising that degree of care, skill and proficiency commonly exercised by the ordinary skillful, careful and prudent physician in the same or similar circumstances. In making this determination of viability, the physician shall perform or cause to be performed such medical examinations and tests as are necessary to make a finding of the gestational age of the fetus and shall enter such findings and determinations of viability in the medical record of the woman.
(3) If the physician determines the gestational age of a fetus is 24 or more weeks, and determines that the fetus is not viable and performs an abortion on the woman, the physician shall report such determinations and the reasons for such determinations in writing to the medical care facility in which the abortion is performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto or if the abortion is not performed in a medical care facility, the phy- sician shall report such determinations and the reasons for such determinations in writing to the secretary of health and environment as part of the written report made by the phy- sician to the secretary of health and environment under K.S.A. 65-445 and amendments thereto.
(4) If the physician who is to perform the abortion determines the gestational age of a fetus is 24 or more weeks, and determines that the fetus is viable, both physicians under subsection (a) determine in accordance with the provisions of subsection (a) that an abortion is necessary to preserve the life of the pregnant woman, or that the fetus is affected by a severe or life threatening deformity or abnormality or that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the preg- nant woman and the physician performs an abortion on the woman, the physician who performs the abortion shall report such determinations, the reasons for such determinations and the basis for the determination that an abortion is necessary to preserve the life of the pregnant woman, or that the fetus is affected by a severe or life threatening deformity or abnormality or that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the medical care facility in which the abortion is performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445 and amendments thereto or if the abortion is not performed in a medical care facility, the physician who performs the abortion shall report such determinations, the reasons for such determinations and the basis for the determination that an abortion is necessary to preserve the life of the pregnant woman, or that the fetus is affected by a severe or life threatening deformity or abnormality or that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman in writing to the secretary of health and environment as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445 and amendments thereto.
(5) The physician shall retain the medical records required to be kept under paragraphs (1) and (2) of this subsection (b) for not less than five years and shall retain a copy of the written reports required under paragraphs (3) and (4) of this subsection (b) for not less than five years.
(c) A woman upon whom an abortion is performed shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-3302, and amendments thereto.
(d) Nothing in this section shall be construed to create a right to an abortion. Notwith- standing any provision of this section, a person shall not perform an abortion that is pro- hibited by law.
(e) As used in this section, ``viable'' means that stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before the physician and consistent with current medically accepted standards of care, there is a reasonable likelihood of sustained survival of the fetus outside the body of the woman.
(f) If any provision of this section is held to be invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this section without such invalid or unconstitutional provision.
(b) Violation of this section is a class A person misdemeanor.
(g) Upon conviction of a violation of this section, a person shall be guilty of a severity level 10, person felony.
New Sec. 16. (a) No person shall perform or induce a partial birth abortion on a viable
fetus unless such person is a physician and has a documented referral from another physician
not legally or financially affiliated with the physician performing or inducing the abortion
and both physicians determine that the abortion is necessary to preserve the life of the
pregnant woman.
(b) As used in this section, partial birth abortion means an abortion in which the phy-
sician performing the abortion partially vaginally delivers a living fetus before killing the
fetus and completing the delivery.
(c) ``Vaginally delivers a living fetus before killing the fetus'' means deliberately and
intentionally delivers into the vagina a living fetus, or a substantial portion thereof, for the
purpose of performing a procedure that the physician performing such procedure knows
will kill the fetus and kills the fetus.
(d) If a physician determines in accordance with the provisions of subsection (a) that a
partial birth abortion is necessary to preserve the life of the pregnant woman and performs
a partial birth abortion on the woman, the physician shall report such determination and
the reasons for such determination in writing to the medical care facility in which the
abortion is performed for inclusion in the report of the medical care facility to the secretary
of health and environment under K.S.A. 65-445 and amendments thereto or if the abortion
is not performed in a medical care facility, the physician shall report the reasons for such
determination in writing to the secretary of health and environment as part of the written
report made by the physician to the secretary of health and environment under K.S.A. 65-
445 and amendments thereto. The physician shall retain a copy of the written reports re-
quired under this subsection for not less than five years.
(e) A woman upon whom an abortion is performed shall not be prosecuted under this
section for a conspiracy to violate this section pursuant to K.S.A. 21-3302, and amendments
thereto.
(f) Nothing in this section shall be construed to create a right to an abortion. Notwith-
standing any provision of this section, a person shall not perform an abortion that is prohib-
ited by law.
(g) Upon a first conviction of a violation of this section, a person shall be guilty of a
class A person misdemeanor. Upon a second or subsequent conviction of a violation of this
section, a person shall be guilty of a severity level 10, person felony.
Sec. 17. K.S.A. 1997 Supp. 65-6712 is hereby amended to read as follows: 65-6712.
Any physician who intentionally, knowingly or recklessly fails to provide informed consent pursuant to the woman's-right-to-know act in accordance with K.S.A. 1997 Supp. 65-6709 and amendments thereto the printed materials described in K.S.A. 1997 Supp. 65-6710 and amendments thereto, whether or not an abortion is actually performed on the woman, is
guilty of unprofessional conduct as defined in K.S.A. 65-2837 and amendments thereto.
Sec. 18. K.S.A. 1997 Supp. 65-445 is hereby amended to read as follows: 65-445. (a)
Every medical care facility shall keep written records of all pregnancies which are lawfully
terminated within such medical care facility and shall annually submit a written report
thereon to the secretary of health and environment in the manner and form prescribed by
the secretary. Every person licensed to practice medicine and surgery shall keep a record
of all pregnancies which are lawfully terminated by such person in a location other than a
medical care facility and shall annually submit a written report thereon to the secretary of
health and environment in the manner and form prescribed by the secretary.
(b) Each report required by this section shall include the number of pregnancies ter-
minated during the period of time covered by the report, the type of medical facility in
which the pregnancy was terminated, information required to be reported under K.S.A. 65-6703 and amendments thereto if applicable to the pregnancy terminated, information required to be reported under section 16 and amendments thereto if applicable to the preg- nancy terminated and such other information as may be required by the secretary of health
and environment, but the report shall not include the names of the persons whose preg-
nancies were so terminated.
(c) Information obtained by the secretary of health and environment under this section
shall be confidential and shall not be disclosed in a manner that would reveal the identity
of any person licensed to practice medicine and surgery who submits a report to the secretary
under this section or the identity of any medical care facility which submits a report to the
secretary under this section, except that such information, including information identifying such persons and facilities may be disclosed to the state board of healing arts upon request of the board for disciplinary action conducted by the board and may be disclosed to the attorney general upon the request of the attorney general for the investigation of criminal matters. Except as otherwise provided in this subsection, information obtained by the sec-
retary under this section may be used only for statistical purposes, except that no and such
information may shall not be released in a manner which would identify any county or other
area of this state in which the termination of the pregnancy occurred. A violation of this
subsection (c) is a class A nonperson misdemeanor.
(d) In addition to such criminal penalty under subsection (c), any person licensed to
practice medicine and surgery or medical care facility whose identity is revealed in violation
of this section may bring a civil action against the responsible person or persons for any
damages to the person licensed to practice medicine and surgery or medical care facility
caused by such violation.
(e) For the purpose of maintaining confidentiality as provided by subsections (c) and
(d), reports of terminations of pregnancies required by this section shall identify the person
or facility submitting such reports only by confidential code number assigned by the sec-
retary of health and environment to such person or facility and the department of health
and environment shall maintain such reports only by such number.
Sec. 19. K.S.A. 1997 Supp. 65-2837 is hereby amended to read as follows: 65-2837. As
used in K.S.A. 65-2836, and amendments thereto, and in this section:
(a) ``Professional incompetency'' means:
(1) One or more instances involving failure to adhere to the applicable standard of care
to a degree which constitutes gross negligence, as determined by the board.
(2) Repeated instances involving failure to adhere to the applicable standard of care to
a degree which constitutes ordinary negligence, as determined by the board.
(3) A pattern of practice or other behavior which demonstrates a manifest incapacity or
incompetence to practice medicine.
(b) ``Unprofessional conduct'' means:
(1) Solicitation of professional patronage through the use of fraudulent or false adver-
tisements, or profiting by the acts of those representing themselves to be agents of the
licensee.
(2) Representing to a patient that a manifestly incurable disease, condition or injury can
be permanently cured.
(3) Assisting in the care or treatment of a patient without the consent of the patient,
the attending physician or the patient's legal representatives.
(4) The use of any letters, words, or terms, as an affix, on stationery, in advertisements,
or otherwise indicating that such person is entitled to practice a branch of the healing arts
for which such person is not licensed.
(5) Performing, procuring or aiding and abetting in the performance or procurement
of a criminal abortion.
(6) Willful betrayal of confidential information.
(7) Advertising professional superiority or the performance of professional services in a
superior manner.
(8) Advertising to guarantee any professional service or to perform any operation pain-
lessly.
(9) Participating in any action as a staff member of a medical care facility which is
designed to exclude or which results in the exclusion of any person licensed to practice
medicine and surgery from the medical staff of a nonprofit medical care facility licensed in
this state because of the branch of the healing arts practiced by such person or without just
cause.
(10) Failure to effectuate the declaration of a qualified patient as provided in subsection
(a) of K.S.A. 65-28,107, and amendments thereto.
(11) Prescribing, ordering, dispensing, administering, selling, supplying or giving any
amphetamines or sympathomimetic amines, except as authorized by K.S.A. 65-2837a, and
amendments thereto.
(12) Conduct likely to deceive, defraud or harm the public.
(13) Making a false or misleading statement regarding the licensee's skill or the efficacy
or value of the drug, treatment or remedy prescribed by the licensee or at the licensee's
direction in the treatment of any disease or other condition of the body or mind.
(14) Aiding or abetting the practice of the healing arts by an unlicensed, incompetent
or impaired person.
(15) Allowing another person or organization to use the licensee's license to practice
the healing arts.
(16) Commission of any act of sexual abuse, misconduct or exploitation related to the
licensee's professional practice.
(17) The use of any false, fraudulent or deceptive statement in any document connected
with the practice of the healing arts including the intentional falsifying or fraudulent altering
of a patient or medical care facility record.
(18) Obtaining any fee by fraud, deceit or misrepresentation.
(19) Directly or indirectly giving or receiving any fee, commission, rebate or other com-
pensation for professional services not actually and personally rendered, other than through
the legal functioning of lawful professional partnerships, corporations or associations.
(20) Failure to transfer patient records to another licensee when requested to do so by
the subject patient or by such patient's legally designated representative.
(21) Performing unnecessary tests, examinations or services which have no legitimate
medical purpose.
(22) Charging an excessive fee for services rendered.
(23) Prescribing, dispensing, administering, distributing a prescription drug or sub-
stance, including a controlled substance, in an excessive, improper or inappropriate manner
or quantity or not in the course of the licensee's professional practice.
(24) Repeated failure to practice healing arts with that level of care, skill and treatment
which is recognized by a reasonably prudent similar practitioner as being acceptable under
similar conditions and circumstances.
(25) Failure to keep written medical records which accurately describe the services
rendered to the patient, including patient histories, pertinent findings, examination results
and test results.
(26) Delegating professional responsibilities to a person when the licensee knows or has
reason to know that such person is not qualified by training, experience or licensure to
perform them.
(27) Using experimental forms of therapy without proper informed patient consent,
without conforming to generally accepted criteria or standard protocols, without keeping
detailed legible records or without having periodic analysis of the study and results reviewed
by a committee or peers.
(28) Prescribing, dispensing, administering or distributing an anabolic steroid or human
growth hormone for other than a valid medical purpose. Bodybuilding, muscle enhancement
or increasing muscle bulk or strength through the use of an anabolic steroid or human growth
hormone by a person who is in good health is not a valid medical purpose.
(29) Referring a patient to a health care entity for services if the licensee has a significant
investment interest in the health care entity, unless the licensee informs the patient in
writing of such significant investment interest and that the patient may obtain such services
elsewhere.
(30) Violating K.S.A. 65-6703 and amendments thereto or section 16 and amendments thereto.
(c) ``False advertisement'' means any advertisement which is false, misleading or de-
ceptive in a material respect. In determining whether any advertisement is misleading, there
shall be taken into account not only representations made or suggested by statement, word,
design, device, sound or any combination thereof, but also the extent to which the adver-
tisement fails to reveal facts material in the light of such representations made.
(d) ``Advertisement'' means all representations disseminated in any manner or by any
means, for the purpose of inducing, or which are likely to induce, directly or indirectly, the
purchase of professional services.
(e) ``Licensee'' for purposes of this section and K.S.A. 65-2836, and amendments
thereto, shall mean all persons issued a license, permit or special permit pursuant to article
28 of chapter 65 of the Kansas Statutes Annotated.
(f) ``License'' for purposes of this section and K.S.A. 65-2836, and amendments thereto,
shall mean any license, permit or special permit granted under article 28 of chapter 65 of
the Kansas Statutes Annotated.
(g) ``Health care entity'' means any corporation, firm, partnership or other business
entity which provides services for diagnosis or treatment of human health conditions and
which is owned separately from a referring licensee's principle practice.
(h) ``Significant investment interest'' means ownership of at least 10% of the value of
the firm, partnership or other business entity which owns or leases the health care entity,
or ownership of at least 10% of the shares of stock of the corporation which owns or leases
the health care entity.'';
And by renumbering sections accordingly;
Also on page 23, in line 11, after ``Supp.'' by inserting ``65-445,''; also in line 11, by striking
``and'' and inserting in lieu thereof a comma; also in line 11, after ``65-2836'' by inserting ``,
65-2837, 65-6703 and 65-6712'';
On page 1, in the title, in line 14, after ``ACT'' by inserting ``concerning certain crimes;'';
in line 16, before ``amending'' by inserting ``concerning abortions;''; in line 17, after ``Supp.''
by inserting ``65-445,''; also in line 17, by striking ``and'' where it appears for the last time
and inserting a comma; in line 18, after ``65-2836'' by inserting ``, 65-2837, 65-6703 and 65-
6712''.
On motion of Senator Harrington, the Committee recommended HB 2531 be postponed
to day certain, Thursday, April 9, 1998, and the floor amendment remains pending.
Sub. 2609 be amended by adoption of the committee amendments, and the substitute
bill be further amended by motion of Senator Praeger on page 2, in line 2, by striking ``(5)''
and inserting in lieu thereof ``(4)''; in line 5, by striking ``(6)'' and inserting in lieu thereof
``(5)''; in line 7, by striking ``(7)'' and inserting in lieu thereof ``(6)''.
The substitute bill be further amended by motion of Senator Oleen on page 19, line 24,
following the word ``board,'' by inserting `` The governor may reconstitute the board at the
time of appointment of the additional board members authorized by this Act.''
The substitute bill be further amended by motion of Senator Praeger on page 6, line 20
by striking 100 and inserting 20.
On page 7, line 23, striking 100 and inserting 20.
On page 8, line 32, striking 100 and inserting 20, and the substitute bill be passed as
further amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2 3/ constitutional majority,
and SB 648; S Sub. for HB 2149; Sub. HB 2609 were advanced to Final Action and roll
call.
SB 648, An act creating the transportation capital enhancement fund; financing city,
county and other subdivisions in the state of Kansas; building and maintaining roads and
highways and other transportation facilities; amending K.S.A. 68-2315 and repealing the
existing section, was considered on final action.
On roll call, the vote was: Yeas 30, nays 8, present and passing 0; absent or not voting 2.
S Sub. for HB 2149, An act concerning the Kansas public employees retirement system
and systems thereunder; relating to benefits and contributions; elections; prior service; dis-
ability; termination of employment; assignment of offices; postretirement benefit increase;
real estate investment standards; police or firemen, definition; court reporters; making ap-
propriations for the fiscal year ending June 30, 1999, for the Kansas public employees
retirement system; criminal penalty for making false statements; amending K.S.A. 20-2601a,
20-2606, 74-4924 and 74-4953 and K.S.A. 1997 Supp. 74-4902, 74-4907, 74-4911, 74-4913,
74-4914, 74-4917, 74-4920, 74-4921, 74-4937, 74-4952, 74-4956, 74-4957, 74-4957a, 74-
4960, 74-4960a, 74-4963, 74-4963a, 74-4988 and 74-4992 and repealing the existing sections,
was considered on final action.
On roll call, the vote was: Yeas 34, nays 4, present and passing 0; absent or not voting 2.
Mr. President: In a year that started with $248 million in surplus dollars and with the
recent announcement there will be $60 million additional dollars collected this year, this is
not a year we should nickel and dime the retired workers who have loyally served our state
and local units of government. The Governor has recommended a 3% one time COLA
increase for all retirees in his state of the state message. I concur with the Governor, and I
feel this bill shortchanges these loyal retirees. Our state retirees have waited four years for
a COLA increase and each year watched as their retirement dollars shrank. I will not be
intimidated by false budgetary mumbo jumbo. I wait to vote for a full 3% COLA increase
for all KPERS retirees. I vote no.--Anthony Hensley
Sub. HB 2609, An act concerning the state board of cosmetology; persons and practices
regulated by the board; amending K.S.A. 65-1904a, 65-1904b, 65-1905, 65-1906, 65-1909,
74-2703 and 74-2704 and K.S.A. 1997 Supp. 65-1901, 65-1902, 65-1903, 65-1904, 65-1907,
65-1908, 65-1912, 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 74-2701 and repealing the existing sec-
tions, was considered on final action.
On roll call, the vote was: Yeas 38, nays 0, present and passing 0; absent or not voting 2.
On motion of Senator Emert, the Senate recessed until 5:00 p.m.
______
Evening Session
The Senate met pursuant to recess with President Bond in the chair.
MESSAGE FROM THE GOVERNOR
March 31, 1998
Message to the Senate of the State of Kansas:
Enclosed herewith is Executive Order No. 98-2 for your information.
Bill Graves
Governor
The President announced Executive Order No. 98-2, Delegating certain rule making
authority granted the Governor by the code of military justice to the Kansas Adjutant Gen-
eral, is on file in the office of the Secretary of the Senate and is available for review at
anytime.
On motion of Senator Kerr the Senate nonconcurred in the House amendments to House Substitute for SB 618 and requested a conference committee be appointed.
The President appointed Senators Kerr, Salisbury and Petty as a conference committee
on the part of the Senate.
CHANGE OF CONFERENCE
The President announced the appointment of Senator Barone as a member of the Con-
ference Committee on HB 2731 to replace Senator Gooch.
ORIGINAL MOTION
On motion of Senator Kerr, the Senate acceded to the request of the House for a con-
ference on Sub. HB 2704.
The President appointed Senators Kerr, Salisbury and Petty as conferees on the part of
the Senate.
On motion of Senator Praeger, the Senate acceded to the request of the House for a
conference on HB 2723.
The President appointed Senators Praeger, Langworthy and Hensley as conferees on the
part of the Senate.
On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2726.
The President appointed Senators Oleen, Schraad and Jones as conferees on the part of
the Senate.
On motion of Senator Corbin, the Senate acceded to the request of the House for a
conference on Sub. HB 2950.
The President appointed Senators Corbin, Morris and Biggs as conferees on the part of
the Senate.
On motion of Senator Harrington, the Senate acceded to the request of the House for a
conference on Sub. HB 2972.
The President appointed Senators Oleen, Harrington and Jones as conferees on the part
of the Senate.
REPORTS OF STANDING COMMITTEES
Committee on Transportation and Tourism recommends HB 2993 be passed and,
because the committee is of the opinion that the bill is of a noncontroversial nature, be
placed on the consent calendar.
On motion of Senator Emert the Senate adjourned until 9:00 a.m., Friday, April 3, 1998.