April 9, 1998
Journal of the Senate
SIXTIETH DAY
______
| Senate Chamber Topeka, Kansas |
Thursday, April 9, 1998--9:00 a.m.
|
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,
We are in the business of making changes. We do this by passing laws. We hope
that these changes make things better for our constituents. To insure this we have
to answer a lot of questions correctly.
Will this law help more people than it hurts?
Is there a better law that will help more people and hurt less people?
Will this law help people in the short run, but hurt people in the long run?
Should I support a bill which would not accomplish all I would like, but is likely
to become law; or should I hold out for a bill accomplishing everything I want, but
stands a good chance of not passing?
What if the law would help a lot of people a little, but hurt a few people a lot?
What if doing what I think is right causes me to lose an election to someone who
will do what I think is wrong?
These are just a few of the hard questions we politicians have to answer almost
every day. Remind us, O God, that You are anxious to help us find the right answers.
I thank You in Jesus' Name,
AMEN
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Ways and Means: HB 2893.
MESSAGE FROM THE HOUSE
The House announces the appointment of Reps. O'Neal, Shore and Reardon to replace
Reps. Phill Kline, Powell and Larkin as conferees on HB 2249.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Steineger introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1854--
A RESOLUTION congratulating and commending David Moody upon
becoming an eagle scout.
WHEREAS, David Moody, of Kansas City, has completed the requirements to become
an eagle scout; and
WHEREAS, David Moody has been involved in scouting since 1989. He is a member
of the Order of the Arrow and has been an Assistant Patrol Leader, Patrol Leader, Instructor,
Assistant Senior Patrol Leader and Senior Patrol Leader; and
WHEREAS, David Moody is a student at Sumner Academy of Arts and Science and is
a member of Saint Michael's and All Angels Episcopal Church where he has been an acolyte
and sung in the church choir. He has participated as a member of the west branch YMCA
swim team since 1990 and won several awards for competitive swimming. He has served
on the school student council as treasurer; and
WHEREAS, David Moody's ultimate goal in life is to become a doctor of medicine. He
believes in having a positive mental attitude and enjoys challenges. As he has succeeded in
the field of scouting so is he likely to succeed in his lifetime goal: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
David Moody upon becoming an eagle scout; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to David Moody, 7030 Haskell, Kansas City, Kansas 66109.
On emergency motion of Senator Steineger SR 1854 was adopted unanimously.
On motion of Senator Emert, the Senate recessed until 10:30 a.m.
______
The Senate met pursuant to recess with President Bond in the chair.
GUESTS
President Bond introduced Elizabeth Y. F. Chu, Director General, Taipei Economic and
Cultural Office in Kansas City.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2678, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee of the Whole
amendments, as follows:
On page 1, by striking all in lines 27 through 43;
By striking all on pages 2 through 10;
On page 11, by striking all in lines 1 through 36; in line 37, by striking ``Sec. 5.'' and
inserting ``Section 1.'';
By renumbering the remaining sections accordingly;
On page 13, in line 25, by striking all following ``Supp.'';
In the title, by striking all in lines 21 through 24 and inserting:
``AN ACT concerning the Kansas commission on veterans affairs; relating to location of
such commission's meetings; concerning reductions in certain positions based on retire-
ments; amending K.S.A. 75-6801 and K.S.A. 1997 Supp. 73-1208b and repealing the existing
sections.'';
And your committee on conference recommends the adoption of this report.
Ben Vidricksen
Larry D. Salmans
Mark Gilstrap
Conferees on part of Senate
Gary K. Hayzlett
Andrew Howell
Herman Dillon
Conferees on part of House
Senator Salmans moved the Senate adopt the Conference Committee report on HB 2678.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2724, 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 3, in line 11, preceding ``coronal'' by inserting ``(A)''; in line 12, preceding the
period, by inserting: ``and (B) coronal scale teeth as long as such procedure is not performed
on a patient who has undergone local or general anesthesia at the time of the procedure, is
undertaken by a nonlicensed person who has successfully completed necessary training for
performing such dental procedure in a course of study approved by the board, which course
of study is consistent with American dental association accreditation standards and includes
but is not limited to adequate instruction on scaling the teeth and recognition of periodontal
disease, is undertaken by a person who has met the experience requirements for performing
such procedures as established by the board and such procedure is performed prior to July
1, 2001. The provisions of this part (B) of subsection (h)(5) shall expire on July 1, 2001'';
On page 4, in line 32, by inserting a quote mark preceding ``Direct'';
On page 6, in line 11, by striking ``and'' and inserting a comma; in line 12, after ``regents''
by inserting ``and the Kansas dental board'';
On page 10, in line 20, after ``(c)'' by inserting: ``Upon the effective date of this act, in
order to expand the membership to the prescribed six dentists and two dental hygienists,
the governor shall appoint three additional dentists and one additional hygienist to the board
in the manner described in this section. Of the three new dental members, one shall serve
until April 30, 2000, one shall serve until April 30, 2001 and one shall serve until April 30,
2002, as designated by the governor. Thereafter, all terms shall be four-year terms beginning
May 1 of the appointment year and expiring April 30 four years later. When the terms of
the existing dentist members which expire May 1, 2000, and May 1, 2001 conclude, then
successors' shall be appointed for four year terms beginning May 1 and expiring April 30
four years later. The additional dental hygienist appointed upon the effective date of this
act shall serve until April 30, 2002, and thereafter the successor shall serve a four-year term
beginning May 1 and expiring April 30 four years later.'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Janice Hardenburger
Chris Steineger
Conferees on part of Senate
Carlos Mayans
Tony Powell
Jerry Henry
Conferees on part of House
Senator Praeger moved the Senate adopt the Conference Committee report on HB
2724. On roll call, the vote was: Yeas 25, nays 14, present and passing 1; absent or not
voting 0.
Yeas: Barone, Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Downey, Emert, Fele-
ciano, Hardenburger, Harrington, Huelskamp, Jones, Jordan, Langworthy, Morris, Oleen,
Praeger, Pugh, Salmans, Schraad, Steffes, Steineger, Vidricksen.
Nays: Biggs, Donovan, Gilstrap, Goodwin, Hensley, Karr, Kerr, Lawrence, Lee, Petty,
Ranson, Salisbury, Tyson, Umbarger.
Present and passing: Gooch.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2806, 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 in lines 12 through 16; in line 17, by striking ``(6)'' and inserting
``(5)'';
And your committee on conference recommends the adoption of this report.
Tim Emert
Keith Schraad
Paul Feleciano, Jr.
Conferees on part of Senate
Kent Glasscock
Ted Powers
Gwen Welshimer
Conferees on part of House
Senator Emert moved the Senate adopt the Conference Committee report on HB 2806.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2877, 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 amendments,
as follows:
On page 6, after line 2, by inserting the following:
``New Sec. 8. Notwithstanding any provision to the contrary in K.S.A. 72-4314b, and
amendments thereto, the occupational center of central Kansas, inc., is hereby released
from any obligation to deed or convey to the state of Kansas any part of the property acquired
by quitclaim deed dated October 4, 1969, and recorded in the office of the register of deeds,
Saline county, Kansas, Deed Book 284, pages 346-348, between the state of Kansas, grantor,
and the occupational center of central Kansas, inc., grantee, described as follows: The east
668.5 feet of block 8 of Schilling Subdivision to the City of Salina, Saline County, Kansas,
more particularly described as follows: Beginning at a point 255.29 feet west and 48.11 feet
north of the southeast corner of section 34, township 14 south, range 3 west of the 6th
principal meridian in Saline County, Kansas; thence north on a line parallel to the centerline
of Centennial Road, a distance of 642 feet; thence west, on a line perpendicular to the
centerline of Centennial Road, a distance of 668.5 feet; thence south, on a line parallel to
the centerline of Centennial Road, a distance of 642 feet; thence east, on a line parallel to
the north line of said tract, a distance of 668.5 feet to the point of beginning; the same
containing approximately 9.852 acres of land and the buildings and improvements thereon.
The occupational center of central Kansas, inc., is hereby authorized to amend its articles
of incorporation to remove any provision that the property described in this section shall be
deeded to the state of Kansas in the event that such corporation should dissolve or discon-
tinue the activities for which it was originally incorporated. A copy of the articles of incor-
poration of the occupational center of central Kansas, inc., showing such amendment may
be recorded in the office of the register of deeds of Saline county, Kansas. The occupational
center of central Kansas, inc., is further hereby authorized to resell, lease, mortgage or
otherwise dispose of such property, and any improvements thereon, or any part thereof at
such time and in such manner as the occupational center of central Kansas, inc., may de-
termine.'';
And by renumbering sections accordingly;
Also on page 6, in line 5, by striking ``statute book'' and inserting ``Kansas register'';
On page 1, in the title, in line 17, before ``amending'' by inserting: ``relating to certain
real property in Salina, Kansas;'';
And your committee on conference recommends the adoption of this report.
Dave Kerr
Alicia Salisbury
Marge Petty
Conferees on part of Senate
Phil Kline
Mike Farmer
Henry Helgerson, Jr.
Conferees on part of House
Senator Kerr moved the Senate adopt the Conference Committee report on HB 2877.
On roll call, the vote was: Yeas 31, nays 9, present and passing 0; absent or not voting 0.
Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Gooch,
Goodwin, Hardenburger, Harrington, Jordan, Karr, Kerr, Langworthy, Lawrence, Morris,
Oleen, Petty, Praeger, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Um-
barger, Vidricksen.
Nays: Barone, Downey, Feleciano, Gilstrap, Hensley, Huelskamp, Jones, Lee, Pugh.
The Conference Committee report was adopted.
REMOVE FROM CONSENT CALENDAR
An objection having been made to HB 2993 appearing on the Consent Calendar, the
President directed the bill be removed and placed on the calendar under the heading of
General Orders.
REPORTS OF STANDING COMMITTEES
Committee on Commerce begs leave to submit the following report:
The following appointments were referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointments:
By the Governor:
Kansas Technology Enterprise Corporation: K.S.A. 74-8101
Thomas W. Sarowski, term expires 1/15/02
Tracy Taylor, term expires 1/15/02
Kansas, Inc.: K.S.A. 74-8001
Deryl K. Schuster, term expires 1/15/02
Alan R. Hoffman, term expires 1/15/02
Committee on Judiciary begs leave to submit the following report:
The following appointment was referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointment:
By the Governor:
State Board of Indigents' Defense Services: K.S.A. 22-4519
Brenda Cejda Wright, term expires 1/15/01
REPORT ON ENGROSSED BILLS
SB 469 reported correctly engrossed April 9, 1998.
Also, SB 493 correctly re-engrossed April 9, 1998.
COMMITTEE OF THE WHOLE
On motion of Senator Emert, the Senate resolved itself into Committee of the Whole
Senate for consideration of bills on the calendar under the heading of General Orders with
Senator Lawrence in the chair.
On motion of Senator Lawrence the following report was adopted:
HB 2531, as amended by adoption of the committee amendments in Committee of the
Whole on Thursday, April 2, 1998, was considered.
The pending amendment offered by Senator Emert on April 2, 1998, was withdrawn.
Senator Emert moved to further amend the bill 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 a continuation of the pregnancy will cause a substantial and irreversible im-
pairment 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 22 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 22 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 22 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 22 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 a continuation of the preg-
nancy will cause a substantial and irreversible impairment of a major bodily function of the
pregnant 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 a continuation of the pregnancy will cause a substantial and irre-
versible 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 phy-
sician 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 a continuation of the pregnancy will cause a sub-
stantial 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 amend-
ments 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 it is the
physician's judgment according to accepted neonatal standards of care and practice applied
by physicians in the same or similar circumstances that there is a reasonable probability
that the life of the child can be continued indefinitely outside the mother's womb with natural
or artificial life-supportive measures.
(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 a first conviction of a violation of this section, a person shall be guilty of a class
A nonperson misdemeanor. Upon a second or subsequent conviction of a violation of this
section, a person shall be guilty of a severity level 10, nonperson felony.
Sec. 16. 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. 17. 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, 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 pregnancies 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 a showing that a reasonable cause exists to believe that a violation of
this act has occurred. Any information disclosed to the state board of healing arts or the
attorney general pursuant to this subsection shall be used solely for the purposes of a dis-
ciplinary action or criminal proceeding. Except as otherwise provided in this subsection,
information obtained by the secretary 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 preg-
nancy 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. 18. 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.
(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.
Sec. 19. K.S.A. 75-6104 is hereby amended to read as follows: 75-6104. A governmental
entity or an employee acting within the scope of the employee's employment shall not be
liable for damages resulting from:
(a) Legislative functions, including, but not limited to, the adoption or failure to adopt
any statute, regulation, ordinance or resolution;
(b) judicial function;
(c) enforcement of or failure to enforce a law, whether valid or invalid, including, but
not limited to, any statute, rule and regulation, ordinance or resolution;
(d) adoption or enforcement of, or failure to adopt or enforce, any written personnel
policy which protects persons' health or safety unless a duty of care, independent of such
policy, is owed to the specific individual injured, except that the finder of fact may consider
the failure to comply with any written personnel policy in determining the question of
negligence;
(e) any claim based upon the exercise or performance or the failure to exercise or
perform a discretionary function or duty on the part of a governmental entity or employee,
whether or not the discretion is abused and regardless of the level of discretion involved;
(f) the assessment or collection of taxes or special assessments;
(g) any claim by an employee of a governmental entity arising from the tortious conduct
of another employee of the same governmental entity, if such claim is (1) compensable
pursuant to the Kansas workers compensation act or (2) not compensable pursuant to the
Kansas workers compensation act because the injured employee was a firemen's relief as-
sociation member who was exempt from such act pursuant to K.S.A. 44-505d, and amend-
ments thereto, at the time the claim arose;
(h) the malfunction, destruction or unauthorized removal of any traffic or road sign,
signal or warning device unless it is not corrected by the governmental entity responsible
within a reasonable time after actual or constructive notice of such malfunction, destruction
or removal. Nothing herein shall give rise to liability arising from the act or omission of any
governmental entity in placing or removing any of the above signs, signals or warning devices
when such placement or removal is the result of a discretionary act of the governmental
entity;
(i) any claim which is limited or barred by any other law or which is for injuries or
property damage against an officer, employee or agent where the individual is immune from
suit or damages;
(j) any claim based upon emergency management activities, except that governmental
entities shall be liable for claims to the extent provided in article 9 of chapter 48 of the
Kansas Statutes Annotated;
(k) the failure to make an inspection, or making an inadequate or negligent inspection,
of any property other than the property of the governmental entity, to determine whether
the property complies with or violates any law or rule and regulation or contains a hazard
to public health or safety;
(l) snow or ice conditions or other temporary or natural conditions on any public way
or other public place due to weather conditions, unless the condition is affirmatively caused
by the negligent act of the governmental entity;
(m) the plan or design for the construction of or an improvement to public property,
either in its original construction or any improvement thereto, if the plan or design is ap-
proved in advance of the construction or improvement by the governing body of the gov-
ernmental entity or some other body or employee exercising discretionary authority to give
such approval and if the plan or design was prepared in conformity with the generally
recognized and prevailing standards in existence at the time such plan or design was pre-
pared;
(n) failure to provide, or the method of providing, police or fire protection;
(o) any claim for injuries resulting from the use of any public property intended or
permitted to be used as a park, playground or open area for recreational purposes, unless
the governmental entity or an employee thereof is guilty of gross and wanton negligence
proximately causing such injury;
(p) the natural condition of any unimproved public property of the governmental entity;
(q) any claim for injuries resulting from the use or maintenance of a public cemetery
owned and operated by a municipality or an abandoned cemetery, title to which has vested
in a governmental entity pursuant to K.S.A. 17-1366 through 17-1368, and amendments
thereto, unless the governmental entity or an employee thereof is guilty of gross and wanton
negligence proximately causing the injury;
(r) the existence, in any condition, of a minimum maintenance road, after being properly
so declared and signed as provided in K.S.A. 68-5,102, and amendments thereto;
(s) any claim for damages arising from the performance of community service work
other than damages arising from the operation of a motor vehicle as defined by K.S.A. 40-
3103, and amendments thereto;
(t) any claim for damages arising from the operation of vending machines authorized
pursuant to K.S.A. 68-432 or K.S.A. 75-3343a, and amendments thereto;
(u) providing, distributing or selling information from geographic information systems
which includes an entire formula, pattern, compilation, program, device, method, technique,
process, digital database or system which electronically records, stores, reproduces and ma-
nipulates by computer geographic and factual information which has been developed inter-
nally or provided from other sources and compiled for use by a public agency, either alone
or in cooperation with other public or private entities; or
(v) any claim arising from providing a juvenile justice program to juvenile offenders, if
such juvenile justice program has contracted with the commissioner of juvenile justice or
with another nonprofit program that has contracted with the commissioner of juvenile jus-
tice.
A governmental entity shall not be liable for damages under subsection (d) of K.S.A.
65-445 and amendments thereto or subsection (e) of K.S.A. 1997 Supp. 65-6804 and amend-
ments thereto for any action of an employee or former employee who has violated the
provisions of subsection (d) of K.S.A. 65-445 and amendments thereto or subsection (e) of
K.S.A. 1997 Supp. 65-6804 and amendments thereto.
The enumeration of exceptions to liability in this section shall not be construed to be
exclusive nor as legislative intent to waive immunity from liability in the performance or
failure to perform any other act or function of a discretionary nature.'';
And by renumbering sections accordingly;
Also on page 23, in line 10, by striking ``and'' the first place it appears in said line and
inserting a comma; by inserting after ``65-2896b'' the following: ``and 75-6104''; 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''; in line 14, by striking ``Kansas register'' and inserting in lieu thereof ``statute book'';
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;''; also in line 16, by striking
``and'' and inserting a comma; in line 17, after ``65-2896b'' by inserting ``and 75-6104''; also
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''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 27, nays 12, present and passing 1; absent or not voting
0.
Yeas: Barone, Biggs, Bleeker, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Fe-
leciano, Gilstrap, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Lawrence, Lee,
Morris, Pugh, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.
Nays: Becker, Bond, Goodwin, Hensley, Jones, Karr, Langworthy, Oleen, Petty, Praeger,
Ranson, Steineger.
Present and passing: Gooch.
The motion carried and the amendment was adopted.
Senator Oleen moved to amend the bill as amended by the Senate, in the committee of
the whole, on motion of Senator Emert as follows: by striking all of the amendment by
Senator Emert and inserting: 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 financially
associated with the physician performing or inducing the abortion and both physicians de-
termine 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.
(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
according to accepted medical practice and standards applied by physicians 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 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 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 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.
(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.
(b) Violation of this section is a class A person misdemeanor.
(d) Upon conviction of a violation of subsection (a) 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: (1) The abortion is necessary to preserve the life of the
pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irre-
versible impairment of a major physical or mental function of the pregnant woman.
(b) As used in this section:
(1) ``Partial birth abortion'' means an abortion procedure which includes the deliberate
and intentional evacuation of all or a part of the intracranial contents of a viable fetus prior
to removal of such otherwise intact fetus from the body of the pregnant woman.
(2) ``Partial birth abortion'' shall not include the: (A) Suction curettage abortion pro-
cedure; (B) suction aspiration abortion procedure; or (C) dilation and evacuation abortion
procedure involving dismemberment of the fetus prior to removal from the body of the
pregnant woman.
(c) If a physician determines in accordance with the provisions of subsection (a) that a
partial birth abortion is necessary 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 required under this subsection for not less than five
years.
(d) 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.
(e) 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.
(f) Upon 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 obtain informed
consent pursuant to the woman's-right-to-know act 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. Information obtained by the secretary under this section may
be used only for statistical purposes, except that no information may be released which
would identify any county or other area of this state in which the termination of the preg-
nancy 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. 75-6104 is hereby amended to read as follows: 75-6104. A governmental
entity or an employee acting within the scope of the employee's employment shall not be
liable for damages resulting from:
(a) Legislative functions, including, but not limited to, the adoption or failure to adopt
any statute, regulation, ordinance or resolution;
(b) judicial function;
(c) enforcement of or failure to enforce a law, whether valid or invalid, including, but
not limited to, any statute, rule and regulation, ordinance or resolution;
(d) adoption or enforcement of, or failure to adopt or enforce, any written personnel
policy which protects persons' health or safety unless a duty of care, independent of such
policy, is owed to the specific individual injured, except that the finder of fact may consider
the failure to comply with any written personnel policy in determining the question of
negligence;
(e) any claim based upon the exercise or performance or the failure to exercise or
perform a discretionary function or duty on the part of a governmental entity or employee,
whether or not the discretion is abused and regardless of the level of discretion involved;
(f) the assessment or collection of taxes or special assessments;
(g) any claim by an employee of a governmental entity arising from the tortious conduct
of another employee of the same governmental entity, if such claim is (1) compensable
pursuant to the Kansas workers compensation act or (2) not compensable pursuant to the
Kansas workers compensation act because the injured employee was a firemen's relief as-
sociation member who was exempt from such act pursuant to K.S.A. 44-505d, and amend-
ments thereto, at the time the claim arose;
(h) the malfunction, destruction or unauthorized removal of any traffic or road sign,
signal or warning device unless it is not corrected by the governmental entity responsible
within a reasonable time after actual or constructive notice of such malfunction, destruction
or removal. Nothing herein shall give rise to liability arising from the act or omission of any
governmental entity in placing or removing any of the above signs, signals or warning devices
when such placement or removal is the result of a discretionary act of the governmental
entity;
(i) any claim which is limited or barred by any other law or which is for injuries or
property damage against an officer, employee or agent where the individual is immune from
suit or damages;
(j) any claim based upon emergency management activities, except that governmental
entities shall be liable for claims to the extent provided in article 9 of chapter 48 of the
Kansas Statutes Annotated;
(k) the failure to make an inspection, or making an inadequate or negligent inspection,
of any property other than the property of the governmental entity, to determine whether
the property complies with or violates any law or rule and regulation or contains a hazard
to public health or safety;
(l) snow or ice conditions or other temporary or natural conditions on any public way
or other public place due to weather conditions, unless the condition is affirmatively caused
by the negligent act of the governmental entity;
(m) the plan or design for the construction of or an improvement to public property,
either in its original construction or any improvement thereto, if the plan or design is ap-
proved in advance of the construction or improvement by the governing body of the gov-
ernmental entity or some other body or employee exercising discretionary authority to give
such approval and if the plan or design was prepared in conformity with the generally
recognized and prevailing standards in existence at the time such plan or design was pre-
pared;
(n) failure to provide, or the method of providing, police or fire protection;
(o) any claim for injuries resulting from the use of any public property intended or
permitted to be used as a park, playground or open area for recreational purposes, unless
the governmental entity or an employee thereof is guilty of gross and wanton negligence
proximately causing such injury;
(p) the natural condition of any unimproved public property of the governmental entity;
(q) any claim for injuries resulting from the use or maintenance of a public cemetery
owned and operated by a municipality or an abandoned cemetery, title to which has vested
in a governmental entity pursuant to K.S.A. 17-1366 through 17-1368, and amendments
thereto, unless the governmental entity or an employee thereof is guilty of gross and wanton
negligence proximately causing the injury;
(r) the existence, in any condition, of a minimum maintenance road, after being properly
so declared and signed as provided in K.S.A. 68-5,102, and amendments thereto;
(s) any claim for damages arising from the performance of community service work
other than damages arising from the operation of a motor vehicle as defined by K.S.A. 40-
3103, and amendments thereto;
(t) any claim for damages arising from the operation of vending machines authorized
pursuant to K.S.A. 68-432 or K.S.A. 75-3343a, and amendments thereto;
(u) providing, distributing or selling information from geographic information systems
which includes an entire formula, pattern, compilation, program, device, method, technique,
process, digital database or system which electronically records, stores, reproduces and ma-
nipulates by computer geographic and factual information which has been developed inter-
nally or provided from other sources and compiled for use by a public agency, either alone
or in cooperation with other public or private entities; or
(v) any claim arising from providing a juvenile justice program to juvenile offenders, if
such juvenile justice program has contracted with the commissioner of juvenile justice or
with another nonprofit program that has contracted with the commissioner of juvenile jus-
tice.
A governmental entity shall not be liable for damages under subsection (d) of K.S.A.
65-445 and amendments thereto or subsection (e) of K.S.A. 1997 Supp. 65-6804 and amend-
ments thereto for any action of an employee or former employee who has violated the
provisions of subsection (d) of K.S.A. 65-445 and amendments thereto or subsection (e) of
K.S.A. 1997 Supp. 65-6804 and amendments thereto.
The enumeration of exceptions to liability in this section shall not be construed to be
exclusive nor as legislative intent to waive immunity from liability in the performance or
failure to perform any other act or function of a discretionary nature.'';
And by renumbering sections accordingly;
Also on page 23, in line 10, by striking ``and 65-2896b'' and inserting ``, 65-2896b and 75-
6104''; 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 ``, 65-6703
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;''; also in line 16, by striking
``and'' and inserting a comma; in line 17, following ``65-2896b'' by inserting ``and 75-6104'';
also 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
``, 65-6703 and 65-6712''.
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 14, nays 24, present and passing 2; absent or not voting
0.
Yeas: Becker, Bond, Corbin, Goodwin, Hensley, Jones, Karr, Kerr, Langworthy, Oleen,
Petty, Praeger, Ranson, Steineger.
Nays: Barone, Biggs, Bleeker, Brownlee, Clark, Donovan, Emert, Feleciano, Gilstrap,
Hardenburger, Harrington, Huelskamp, Jordan, Lawrence, Lee, Morris, Pugh, Salisbury,
Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.
Present and passing: Downey, Gooch.
The motion failed and the amendment was rejected.
Senator Praeger moved to amend the bill in Senator Emert's amendment, on page 1, line
19, following the word ``accepted'' by inserting ``obstetrical and neonatal''; and in line 20 by
striking the word ``medical''.
On page 3, line 30, following the word ``accepted'' by inserting ``obstetrical or''.
The motion carried and the amendment was adopted.
Senator Brownlee offered an amendment which was withdrawn and again moved to
amend the bill as amended by Senate Committee of the Whole on motion of Senator Emert,
preceding section 18, by inserting the following:
``New Sec. 18. (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: (1) The abortion is necessary to preserve the life of the
pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irre-
versible impairment of a major physical or mental function of the pregnant woman.
(b) As used in this section:
(1) ``Partial birth abortion'' means an abortion procedure which includes the deliberate
and intentional evacuation of all or a part of the intracranial contents of a viable fetus prior
to removal of such otherwise intact fetus from the body of the pregnant woman.
(2) ``Partial birth abortion'' shall not include the: (A) Suction curettage abortion pro-
cedure; (B) suction aspiration abortion procedure; or (C) dilation and evacuation abortion
procedure involving dismemberment of the fetus prior to removal from the body of the
pregnant woman.
(c) If a physician determines in accordance with the provisions of subsection (a) that a
partial birth abortion is necessary 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 required under this subsection for not less than five
years.
(d) 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.
(e) 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.
(f) Upon conviction of a violation of this section, a person shall be guilty of a severity
level 10 person felony.'';
And by renumbering sections accordingly, and the bill be passed as further amended.
The mostion carried and the amendment was adopted.
The Committee recommended HB 2531 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 HB 2531 was advanced to Final Action and roll call.
HB 2531, An act concerning certain crimes; enacting the prevention of assisted suicide
act; concerning the assisting of suicide; providing criminal penalties; providing civil remedy;
providing injunctive relief; concerning abortions; amending K.S.A. 21-3406, 65-2006, 65-
2896b and 75-6104 and K.S.A. 1997 Supp. 65-445, 65-1120, 65-1436, 65-1627, 65-2836,
65-2837, 65-6703 and 65-6712 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 27, nays 12, present and passing 1; absent or not voting
0.
Yeas: Barone, Biggs, Bleeker, Brownlee, Clark, Corbin, Donovan, Downey, Emert, Fe-
leciano, Gilstrap, Hardenburger, Harrington, Huelskamp, Jordan, Kerr, Lawrence, Lee,
Morris, Pugh, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.
Nays: Becker, Bond, Goodwin, Hensley, Jones, Karr, Langworthy, Oleen, Petty, Praeger,
Ranson, Steineger.
Present and passing: Gooch.
The bill passed, as amended.
EXPLANATION OF VOTE
Mr. President: I don't want to play God! Therefore I vote No on this bill, HB 2531,
that intrudes on the life of women.--Rich Becker
Mr. President: I vote ``Yes'' on HB 2531, a bill about life and death.
The life and death of the dying--
The life and death of the unborn.
For some it goes too far--
For others it does not go far enough.
But it moves the state of Kansas down the path of what is right.
It protects the unborn and severely punishes those who would violate its terms.
Oliver Wendell Holmes said, `` The great thing in this world is not so much where we are,
but in what direction we are moving.
With this bill, we are moving in the appropriate direction.--Tim Emert
Mr. President: We vote yes on HB 2531. We vote yes as an affirmation, in the name
of the people of Kansas, elderly and young, frail and healthy, born and unborn, of the value
of life--at its beginning--at its end.
This bill's definition of viability simply states, in part, that the child can live ``indefinitly''.
Indefinite means ``undefined'', that is, life is not measured in minutes, hours, years or dec-
ades. The ability to live is the criterion, not the length or what is euphemistically called the
``quality'' of life.--Nancey Harrington, Jim Barone, Laurie Bleeker, Karin
Brownlee, Stan Clark, Les Donovan, Tim Emert, Mark Gilstrap, Janice
Hardenburger, Tim Huelskamp, Nick Jordan, Barbara Lawrence, Janis Lee,
Steven Morris, Edward Pugh, L. D. Salmans, Keith Schraad, Don Steffes,
Robert Tyson and Dwayne Umbarger.
Mr. President: We have done one good thing in this bill. We have kept our word--and
have been consistent with prior actions--by banning a procedure that all agree should not
be used.
However, I must vote ``no'' because this bill will be costly to the people of Kansas. We
will spend money. We will spend time. We will devote resources to defending a law that
should not have passed out of this body. That is discouraging. Many in this body have
identified the pitfalls. They have been called obstructionists for their efforts. We engaged
in a full debate on this floor. No member can plead ignorance. Courts will note that we
knew what we were doing.
I have spent much of this session studying opinions of jurists around the country who
have blocked enforcement of late term abortion bans. The men and women on the federal
bench are bound to existing Supreme Court decisions just as we are. The result of my study
is to conclude that both judges and legislators are hard pressed to describe adequately the
practice of medicine. This bill may be the best evidence of the folly.--Lana Oleen
Senators Goodwin and Ranson request the record to show they concur with the ``Expla-
nation of Vote'' offered by Senator Oleen on HB 2531.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2748, 2989.
Also, announcing passage of SB 408.
Passage of SB 671 as amended by House Substitute for SB 671; Substitute SB 675
as amended.
The House not adopts the conference committee report on SB 554, requests a conference
and appoints Representatives Mason, Vickrey and Henderson as second conferees on the
part of the House.
The House adopts the conference committee report on SB 416.
The House concurs in Senate amendments to HB 2534 and requests the Senate to return
the bill.
The House concurs in Senate amendments to HB 2591 and requests the Senate to return
the bill.
The House adopts the conference committee report on HB 2126.
The House adopts the conference committee report on Substitute HB 2478.
The House adopts the conference committee report on HB 2552.
The House announces the appointment of Rep. Farmer to replace Rep. Phil Kline as a
conferee on SB 11. Also, the House announces the appointment of Rep. Edmonds to replace
Rep. Farmer as a conferee on SB 11.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2748, 2989 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Emert the Senate nonconcurred in the House amendments to
H Sub. for SB 671 and requested a conference committee be appointed.
The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.
On motion of Senator Salisbury the Senate nonconcurred in the House amendments to
Sub. SB 675 and requested a conference committee be appointed.
The President appointed Senators Ranson, Jordan and Barone as a conference committee
on the part of the Senate.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 416, 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 of the Whole
amendments, as follows:
On page 2, by striking lines 4 through 8;
By renumbering the existing sections;
On page 4, by striking lines 10 through 15;
By renumbering the existing sections;
On page 5, by striking lines 16 through 20;
By renumbering the existing sections;
On page 12, by striking lines 37 through 41;
By renumbering the existing section;
On page 14, in line 31, by striking all after ``contribution''; in line 32, by striking all before
``shall'' and inserting ``after the effective date of this act and prior to July 1, 1998,''; in line
33, after ``act'', by inserting ``, as if the contribution had been made in calendar year 1997,'';
also in line 33, by striking ``firms'' and inserting ``firm's''; in line 34, after the period, by
inserting ``Notwithstanding any other provision of this section, no business firm shall claim
more that one credit for the same contribution.''; after line 34, by inserting a new section
as follows:
``New Sec. 9. For purposes of calculating any tax due under K.S.A. 40-253, and amend-
ments thereto, from a taxpayer not organized under the laws of this state, the credits allowed
pursuant to K.S.A. 40-2813, 74-50,132, 79-32,153, 79-32,160 and 79-32,196, and amend-
ments thereto, shall be treated as tax paid under K.S.A. 40-252, and amendments thereto.'';
By renumbering the sections accordingly;
Also on page 14, in line 39, by striking ``statute book'' and inserting ``Kansas Register'';
And your committee on conference recommends the adoption of this report.
William G. Mason
Jene Vickrey
Broderick T. Henderson
Conferees on part of House
Alicia L. Salisbury
Don Steffes
Jim Barone
Conferees on part of Senate
Senator Salisbury moved the Senate adopt the Conference Committee report on SB 416.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
The Conference Committee report was adopted.
ORIGINAL MOTION
On motion of Senator Salisbury, the Senate acceded to the request of the House for a
conference on SB 554.
The President appointed Senators Salisbury, Ranson and Barone as second conferees on
the part of the Senate.
On motion of Senator Emert, the Senate recessed until 4:00 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
CHANGE OF REFERENCE
The President withdrew SR 1851 from the calendar under the heading of Consideration
of Motions and Senate Resolutions, and referred the resolution to the Committee on Or-
ganization, Calendar and Rules.
MESSAGE FROM THE GOVERNOR
SB 9, 67, 129, 421, 505, 507, 518 approved on April 9, 1998.
MESSAGE FROM THE HOUSE
Announcing the House adopts the conference committee report on House Substitute
for Senate Substitute for SB 139.
The House adopts the conference committee report on SB 488.
The House adopts the conference committee report on SB 556.
The House accedes to the request of the Senate for a conference on House Substitute
SB 671 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 Substitute SB 675
and has appointed Representatives Allen, Palmer and Spangler as conferees on the part of
the House.
Announcing, the House nonconcurs in Senate amendments to HB 2531, requests a con-
ference and has appointed Reps. Carmody, Presta and Garner as conferees on the part of
the House.
The House not adopts the conference committee report on HB 2724, requests a con-
ference and appoints Representatives Mayans, Powell and Henry as second conferees on
the part of the House.
The House not adopts the conference committee report on HB 2806, requests a con-
ference and appoints Representatives Glascock, Powers and Welshimer as second conferees,
on the part of the House.
The House adopts the conference committee report on HB 2678.
The House adopts the conference committee report on HB 2877.
April 9, 1998
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to HOUSE Substitute for Substitute for SB 139, 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 as House Substitute for Substitute for
Senate Bill No. 139, as amended by House Committee of the Whole, as follows:
On page 1, in line 20, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
in line 42, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
On page 2, in line 22, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
following line 30, by inserting the following:
``New Sec. 4. In the event of the death of any person issued distinctive license plates
under the provisions of K.S.A. 8-161, 8-177a or 8-177c, or K.S.A. 1997 Supp. 8-1,140, 8-
1,145 or 8-1,146, and amendments thereto, the surviving spouse or other family member,
if there is no surviving spouse, shall be entitled to possession of any such distinctive license
plates. Such license plates shall not be displayed on any vehicle unless otherwise authorized
by statute.
New Sec. 5. There is hereby created in the state treasury, the repossessed certificates
of title fee fund. All moneys credited to the repossessed certificates of title fee fund shall
be used by the department of revenue only for the purposes of funding the administration
and operations, including personnel associated with the processing of certificates of title for
repossessed vehicles. All expenditures from the repossessed certificates of title fee fund shall
be made in accordance with appropriation acts, upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the secretary of the department of
revenue.
Sec. 6. K.S.A. 8-116a is hereby amended to read as follows: 8-116a. (a) When an ap-
plication is made for a vehicle which has been assembled, reconstructed, reconstituted or
restored from one or more vehicles, or the proper identification number of a vehicle is in
doubt, the procedure in this section shall be followed. The owner of the vehicle shall request
the Kansas highway patrol to check the vehicle. At the time of such check the owner shall
supply the highway patrol with information concerning the history of the various parts of
the vehicle. Such information shall be supplied by affidavit of the owner, if so requested by
the highway patrol. If the highway patrol is satisfied that the vehicle contains no stolen parts,
it shall assign an existing or new identification number to the vehicle and direct the places
and manner in which the identification number is to be located and affixed or implanted.
A charge of $10 per hour or part thereof, with a minimum charge of $10, shall be made to
the owner of a vehicle requesting check under this subsection, and such charge shall be
paid prior to the check under this section. When a check has been made under subsection
(b), not more than 60 days prior to a check of the same vehicle identification number,
requested by the owner of the vehicle to obtain a regular certificate of title in lieu of a
nonhighway certificate of title, no charge shall be made for such second check.
(b) From and after the effective date of this act, Any person making application for any
original Kansas title for a used vehicle which, at the time of making application, is titled in
another jurisdiction, as a condition precedent to obtaining any Kansas title, shall have such
vehicle checked by the Kansas highway patrol for verification that the vehicle identification
number shown on the foreign title is genuine and agrees with the identification number on
the vehicle. Checks under this section may include inspection for possible violation of K.S.A.
8-611 K.S.A. 21-3757, and amendments thereto or other evidence of possible fraud. The
verification shall be made upon forms prescribed by the division of vehicles which shall
contain such information as the secretary of revenue shall require by rules and regulations.
A charge of $10 per hour or part thereof, with a minimum charge of $10, shall be made for
checks under this subsection. When a vehicle is registered in another state, but is financed
by a Kansas financial institution and is repossessed in another state and such vehicle will
not be returned to Kansas, the check required by this subsection (b) shall not be required
to obtain a valid Kansas title or registration.
(c) As used in this act, ``identification number'' or ``vehicle identification number'' means
an identifying number, serial number, engine number, transmission number or other dis-
tinguishing number or mark, placed on a vehicle, engine, transmission or other essential
part by its manufacturer or by authority of the division of vehicles or the Kansas highway
patrol or in accordance with the laws of another state or country.
(d) The checks made under subsection (b) may be made by:
(1) A designee of the superintendent of the Kansas highway patrol; or
(2) an employee of a new vehicle dealer, as defined in subsection (b) of K.S.A. 8-2401,
and amendments thereto, for the purposes provided for in subsection (f). For checks made
by a designee, $1 of each charge shall be remitted to the Kansas highway patrol and the
balance of such charges shall be retained by such designee. When a check is made under
either subsection (a) or (b) by personnel of the Kansas highway patrol or when a check is
made under subsection (b) by an employee of a new vehicle dealer, the entire amount of the
charge therefor shall be paid to the highway patrol.
(e) There is hereby created the vehicle identification number fee fund. The Kansas
highway patrol shall remit all moneys received by the Kansas highway patrol from fees
collected under subsection (d) to the state treasurer at least monthly. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the state treasury to
the credit of the vehicle identification number fee fund. All expenditures from the vehicle
identification number fee fund shall be made in accordance with appropriations acts upon
warrants of the director of accounts and reports issued pursuant to vouchers approved by
the superintendent of the Kansas highway patrol or by a person or persons designated by
the superintendent.
(f) An employee of a new vehicle dealer, who has received initial training and certifi-
cation from the highway patrol, and has met continuing certification requirements, in ac-
cordance with rules and regulations adopted by the superintendent of the highway patrol,
may provide the checks under subsection (b), in accordance with rules and regulations
adopted by the superintendent of the highway patrol, on motor vehicles repurchased or
reacquired by a manufacturer, distributor or financing subsidiary of such manufacturer and
which are purchased by the new vehicle dealer. At any time, after a hearing in accordance
with the provisions of the Kansas administrative procedure act, the superintendent of the
highway patrol may revoke, suspend, decline to renew or decline to issue certification for
failure to comply with the provisions of this subsection, including any rules and regulations.
Sec. 7. K.S.A. 8-133 is hereby amended to read as follows: 8-133. The license plate
assigned to the vehicle shall be attached to the rear thereof and shall be so displayed during
the current registration year or years, and no Kansas registration plate for any other year
shall appear on the front of the vehicle, except that the license plate issued for a truck tractor
shall be attached to the front of the truck tractor and a model year license plate may be
attached to the front of an antique vehicle, in accordance with K.S.A. 8-172, and amendments
thereto. Beginning in 1985 and thereafter two personalized license plates may be issued for
passenger vehicles and trucks licensed for a gross weight of not more than 16,000 pounds.
One such personalized license plate shall be displayed on the rear of the vehicle and the
other shall be displayed on the front of the vehicle, but no registration decal shall be issued
for any plate affixed to the front of a vehicle pursuant to K.S.A. 8-134, and amendments
thereto. Every license plate shall at all times be securely fastened to the vehicle to which it
is assigned so as to prevent the plate from swinging, and at a height not less than 12 inches
from the ground, measuring from the bottom of such plate, in a place and position to be
clearly visible, and shall be maintained free from foreign materials and in a condition to be
clearly legible. During any period in which the construction of license plates has been
suspended pursuant to the provisions of K.S.A. 8-132, and amendments thereto, the plate,
tag, token, marker or sign assigned to such vehicle shall be attached to and displayed on
such vehicle in such place, position, manner and condition as shall be prescribed by the
director of vehicles.
Sec. 8. K.S.A. 1997 Supp. 8-135 is hereby amended to read as follows: 8-135. (a) Upon
the transfer of ownership of any vehicle registered under this act, the registration of the
vehicle and the right to use any license plate thereon shall expire and thereafter there shall
be no transfer of any registration, and the license plate shall be removed by the owner
thereof. Except as provided in K.S.A. 8-172, and amendments thereto, and section 4, it shall
be unlawful for any person, other than the person to whom the license plate was originally
issued, to have possession thereof. When the ownership of a registered vehicle is transferred,
the original owner of the license plate may register another vehicle under the same number,
upon application and payment of a fee of $1.50, if such other vehicle does not require a
higher license fee. If a higher license fee is required, then the transfer may be made upon
the payment of the transfer fee of $1.50 and the difference between the fee originally paid
and that due for the new vehicle.
(b) Subject to the provisions of subsection (a) of K.S.A. 8-198, and amendments thereto,
upon the transfer or sale of any vehicle by any person or dealer, or upon any transfer in
accordance with K.S.A. 1997 Supp. 59-3511, and amendments thereto, the new owner
thereof, within 30 days, inclusive of weekends and holidays, from date of such transfer shall
make application to the division for registration or reregistration of the vehicle, but no person
shall operate the vehicle on any highway in this state during the thirty-day period without
having applied for and obtained temporary registration from the county treasurer or from
a dealer. After the expiration of the thirty-day period, it shall be unlawful for the owner or
any other person to operate such vehicle upon the highways of this state unless the vehicle
has been registered as provided in this act. For failure to make application for registration
as provided in this section, a penalty of $2 shall be added to other fees. When a person has
a current motorcycle or passenger vehicle registration and license plate, including any reg-
istration decal affixed thereto, for a vehicle and has sold or otherwise disposed of the vehicle
and has acquired another motorcycle or passenger vehicle and intends to transfer the reg-
istration and the license plate to the motorcycle or passenger vehicle acquired, but has not
yet had the registration transferred in the office of the county treasurer, such person may
operate the motorcycle or passenger vehicle acquired for a period of not to exceed 30 days
by displaying the license plate on the rear of the vehicle acquired. If the acquired vehicle
is a new vehicle such person also must carry the assigned certificate of title or manufacturer's
statement of origin when operating the acquired vehicle, except that a dealer may operate
such vehicle by displaying such dealer's dealer license plate.
(c) Certificate of title: No vehicle required to be registered shall be registered or any
license plate or registration decal issued therefor, unless the applicant for registration shall
present satisfactory evidence of ownership and apply for an original certificate of title for
such vehicle. The following paragraphs of this subsection shall apply to the issuance of a
certificate of title for a nonhighway vehicle, as defined in K.S.A. 8-197, and amendments
thereto, except to the extent such paragraphs are made inapplicable by or are inconsistent
with K.S.A. 8-198, and amendments thereto.
(1) An application for certificate of title shall be made by the owner or the owner's agent
upon a form furnished by the division and shall state all liens or encumbrances thereon,
and such other information as the division may require. Notwithstanding any other provision
of this section, no certificate of title, other than a duplicate title, shall be issued for a vehicle
having any unreleased lien or encumbrance thereon, unless the transfer of such vehicle has
been consented to in writing by the holder of the lien or encumbrance. Such consent shall
be in a form approved by the division. In the case of members of the armed forces of the
United States while the United States is engaged at war with any foreign nation and for a
period of six months next following the cessation of hostilities, such application may be
signed by the owner's spouse, parents, brother or sister. The county treasurer shall use
reasonable diligence in ascertaining whether the facts stated in such application are true,
and if satisfied that the applicant is the lawful owner of such vehicle, or otherwise entitled
to have the same registered in such applicant's name, shall so notify the division, who shall
issue an appropriate certificate of title. The certificate of title shall be in a form approved
by the division, and shall contain a statement of any liens or encumbrances which the
application shows, and such other information as the division determines.
(2) The certificate of title shall contain upon the reverse side a form for assignment of
title to be executed by the owner before a notary public or some other officer authorized
to administer an oath. This assignment shall contain a statement of all liens or encumbrances
on the vehicle at the time of assignment. The certificate of title shall also contain on the
reverse side blank spaces so that an abstract of mileage as to each owner will be available.
The seller at the time of each sale shall insert the mileage on the form filed for application
or reassignment of title, and the division shall insert such mileage on the certificate of title
when issued to purchaser or assignee. The signature of the purchaser or assignee is required
on the form filed for application or reassignment of title, acknowledging the odometer
certification made by the seller, except that vehicles which are 10 model years or older and
trucks with a gross vehicle weight of more than 16,000 pounds shall be exempt from the
mileage acknowledgment requirement of the purchaser or assignee. Such title shall indicate
whether the vehicle for which it is issued has been titled previously as a nonhighway vehicle.
In addition, the reverse side shall contain two forms for reassignment by a dealer, stating
the liens or encumbrances thereon. The first form of reassignment shall be used only when
a dealer sells the vehicle to another dealer. The second form of reassignment shall be used
by a dealer when selling the vehicle to another dealer or the ultimate owner of the vehicle.
The reassignment by a dealer shall be used only where the dealer resells the vehicle, and
during the time that the vehicle remains in the dealer's possession for resale, the certificate
of title shall be dormant. When the ownership of any vehicle passes by operation of law, or
repossession upon default of a lease, security agreement, or executory sales contract, the
person owning such vehicle, upon furnishing satisfactory proof to the county treasurer of
such ownership, may procure a certificate of title to the vehicle. When a vehicle is registered
in another state and is repossessed in another state, the owner of such vehicle shall not be
entitled to obtain a valid Kansas title or registration, except that when a vehicle is registered
in another state, but is financed originally by a financial institution chartered in the state of
Kansas or when a financial institution chartered in Kansas purchases a pool of motor vehicle
loans from the resolution trust corporation or a federal regulatory agency, and the vehicle
is repossessed in another state, such Kansas financial institution shall be entitled to obtain
a valid Kansas title or registration. In addition to any other fee required for the issuance of
a certificate of title, any applicant obtaining a certificate of title for a repossessed vehicle
shall pay a fee of $3.
(3) Dealers shall execute, upon delivery to the purchaser of every new vehicle, a man-
ufacturer's statement of origin stating the liens and encumbrances thereon. Such statement
of origin shall be delivered to the purchaser at the time of delivery of the vehicle or at a
time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays.
The agreement of the parties shall be executed on a form approved by the division. In the
event delivery of title cannot be made personally, the seller may deliver the manufacturer's
statement of origin by restricted mail to the address of purchaser shown on the purchase
agreement. The manufacturer's statement of origin may include an attachment containing
assignment of such statement of origin on forms approved by the division. Upon the pres-
entation to the division of a manufacturer's statement of origin, by a manufacturer or dealer
for a new vehicle, sold in this state, a certificate of title shall be issued if there is also an
application for registration, except that no application for registration shall be required for
a travel trailer used for living quarters and not operated on the highways.
(4) The fee for each original certificate of title shall be $7 until July 1, 1999, and $3.50
thereafter, in addition to the fee for registration of such vehicle, trailer or semitrailer. The
certificate of title shall be good for the life of the vehicle, trailer or semitrailer while owned
or held by the original holder of the certificate of title.
(5) Upon sale and delivery to the purchaser of every vehicle subject to a purchase money
security interest as defined in K.S.A. 84-9-107, and amendments thereto, the dealer or
secured party may complete a notice of security interest and when so completed, the pur-
chaser shall execute the notice, in a form prescribed by the division, describing the vehicle
and showing the name and address of the secured party and of the debtor and other infor-
mation the division requires. The dealer or secured party, within 15 days of the sale and
delivery, may mail or deliver the notice of security interest, together with a fee of $2.50, to
the division. The notice of security interest shall be retained by the division until it receives
an application for a certificate of title to the vehicle and a certificate of title is issued. The
certificate of title shall indicate any security interest in the vehicle. Upon issuance of the
certificate of title, the division shall mail or deliver confirmation of the receipt of the notice
of security interest, the date the certificate of title is issued and the security interest indi-
cated, to the secured party at the address shown on the notice of security interest. The
proper completion and timely mailing or delivery of a notice of security interest by a dealer
or secured party shall perfect a security interest in the vehicle described on the date of such
mailing or delivery. The county treasurers shall mail a copy of the title application to the
Kansas lienholder. Each county treasurer shall charge the Kansas lienholder a $1.50 service
fee for processing and mailing a copy of the title application to the Kansas lienholder.
(6) It shall be unlawful for any person to operate in this state a vehicle required to be
registered under this act, or to transfer the title to any such vehicle to any person or dealer,
unless a certificate of title has been issued as herein provided. In the event of a sale or
transfer of ownership of a vehicle for which a certificate of title has been issued, which
certificate of title is in the possession of the transferor at the time of delivery of the vehicle,
the holder of such certificate of title shall endorse on the same an assignment thereof, with
warranty of title in a form prescribed by the division and printed thereon and the transferor
shall deliver the same to the buyer at the time of delivery to the buyer of the vehicle or at
a time agreed upon by the parties, not to exceed 30 days, inclusive of weekends and holidays,
after the time of delivery. The agreement of the parties shall be executed on a form provided
by the division. The requirements of this paragraph concerning delivery of an assigned title
are satisfied if the transferor mails to the transferee by restricted mail the assigned certificate
of title within the 30 days, and if the transferor is a dealer, as defined by K.S.A. 8-2401, and
amendments thereto, such transferor shall be deemed to have possession of the certificate
of title if the transferor has made application therefor to the division. The buyer shall then
present such assigned certificate of title to the division at the time of making application for
registration of such vehicle. A new certificate of title shall be issued to the buyer, upon
payment of the fee of $7 until July 1, 1999, and $3.50 thereafter. If such vehicle is sold to
a resident of another state or country, the dealer or person making the sale shall notify the
division of the sale and the division shall make notation thereof in the records of the division.
When a person acquires a security agreement on a vehicle subsequent to the issuance of
the original title on such vehicle, such person shall require the holder of the certificate of
title to surrender the same and sign an application for a mortgage title in form prescribed
by the division. Upon such surrender such person shall immediately deliver the certificate
of title, application, and a fee of $7 until July 1, 1999, and $3.50 thereafter, to the division.
Upon receipt thereof, the division shall issue a new certificate of title showing the liens or
encumbrances so created, but not more than two liens or encumbrances may be shown
upon a title. When a prior lienholder's name is removed from the title, there must be
satisfactory evidence presented to the division that the lien or encumbrance has been paid.
When the indebtedness to a lienholder, whose name is shown upon a title, is paid in full,
such lienholder within 10 days after written demand by restricted mail, shall furnish to the
holder of the title a release of lien or execute such a release in the space provided on the
title. For failure to comply with such a demand the lienholder shall be liable to the holder
of the title for $100 and also shall be liable for any loss caused to the holder by such failure.
When the indebtedness to a lienholder, whose name is shown upon a title, is collected in
full, such lienholder, within 30 days, shall furnish notice to the holder of title that such
indebtedness has been paid in full and that such title may be presented to the lienholder at
any time for release of lien.
(7) It shall be unlawful for any person to buy or sell in this state any vehicle required
to be registered, unless, at the time of delivery thereof or at a time agreed upon by the
parties, not to exceed 30 days, inclusive of weekends and holidays, after the time of delivery,
there shall pass between the parties a certificate of title with an assignment thereof. The
sale of a vehicle required to be registered under the laws of this state, without assignment
of the certificate of title, is fraudulent and void, unless the parties shall agree that the
certificate of title with assignment thereof shall pass between them at a time other than the
time of delivery, but within 30 days thereof. The requirements of this paragraph concerning
delivery of an assigned title shall be satisfied if (i) the seller mails to the purchaser by
restricted mail the assigned certificate of title within 30 days, or (ii) if the transferor is a
dealer, as defined by K.S.A. 8-2401, and amendments thereto, such seller shall be deemed
to have possession of the certificate of title if such seller has made application therefor to
the division, or (iii) if the transferor is a dealer and has assigned a title pursuant to paragraph
(9) of this subsection (c).
(8) In cases of sales under the order of a court of a vehicle required to be registered
under this act, the officer conducting such sale shall issue to the purchaser a certificate
naming the purchaser and reciting the facts of the sale, which certificate shall be prima facie
evidence of the ownership of such purchaser for the purpose of obtaining a certificate of
title to such motor vehicle and for registering the same. Any such purchaser shall be allowed
30 days, inclusive of weekends and holidays, from the date of sale to make application to
the division for a certificate of title and for the registering of such motor vehicle.
(9) Any dealer who has acquired a vehicle, the title for which was issued under the laws
of and in a state other than the state of Kansas, shall not be required to obtain a Kansas
certificate of title therefor during the time such vehicle remains in such dealer's possession
and at such dealer's place of business for the purpose of sale. The purchaser or transferee
shall present the assigned title to the division of vehicles when making application for a
certificate of title as provided in subsection (c)(1).
(10) Motor vehicles may be held and titled in transfer-on-death form.
(11) Notwithstanding the provisions of this act with respect to time requirements for
delivery of a certificate of title, or manufacturer's statement of origin, as applicable, any
person who chooses to reaffirm the sale in writing on a form approved by the division which
advises them of their rights pursuant to paragraph (7) of subsection (c) and who has received
and accepted assignment of the certificate of title or manufacturer's statement of origin for
the vehicle in issue may not thereafter void or set aside the transaction with respect to the
vehicle for the reason that a certificate of title or manufacturer's statement of origin was not
timely delivered, and in such instances the sale of a vehicle shall not be deemed to be fraud-
ulent and void for that reason alone.
Sec. 9. K.S.A. 1997 Supp. 8-142 is hereby amended to read as follows: 8-142. It shall
be unlawful for any person to commit any of the following acts and except as otherwise
provided, violation is subject to penalties provided in K.S.A. 8-149, and amendments thereto:
First: To operate, or for the owner thereof knowingly to permit the operation, upon a
highway of any vehicle, as defined in K.S.A. 8-126, and amendments thereto, which is not
registered, or for which a certificate of title has not been issued or which does not have
attached thereto and displayed thereon the license plate or plates assigned thereto by the
division for the current registration year, including any registration decal required to be
affixed to any such license plate pursuant to K.S.A. 8-134, and amendments thereto, subject
to the exemptions allowed in K.S.A. 8-135, 8-198 and 8-1751a, and amendments thereto.
Second: To display or cause or permit to be displayed, or to have in possession, any
registration receipt, certificate of title, registration license plate, registration decal, accessible
parking placard or accessible parking identification card knowing the same to be fictitious
or to have been canceled, revoked, suspended or altered. A violation of this part Second
shall constitute an unclassified misdemeanor punishable by a fine of not less than $100 and
forfeiture of the item. A mandatory court appearance shall be required of any person vio-
lating this part Second. This part Second shall not apply to the possession of: (a) Model year
license plates displayed on antique vehicles as allowed under K.S.A. 8-172, and amendments
thereto; or (b) distinctive license plates allowed under section 4.
Third: To lend to or knowingly permit the use by one not entitled thereto any registration
receipt, certificate of title, registration license plate or registration decal issued to the person
so lending or permitting the use thereof.
Fourth: To fail or refuse to surrender to the division, upon demand, any registration
receipt, certificate of title, registration license plate or registration decal which has been
suspended, canceled or revoked.
Fifth: To use a false or fictitious name or address in any application for a certificate of
title, the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to
make a false statement or knowingly to conceal a material fact or otherwise commit a fraud
in any such application.
Sixth: For the owner of a motor vehicle to file application for the registration thereof, in
any county other than the county in which the owner of the vehicle resides or has a bona
fide place of business, which place is not an office or facility established or maintained solely
for the purpose of obtaining registration.
Seventh: To operate on the highways of this state a vehicle or combination of vehicles
whose weight with cargo is in excess of the gross weight for which the truck or truck tractor
propelling the same is registered, except as provided by K.S.A. 8-143, and amendments
thereto, and subsections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.
Such gross weight shall not be required to be in excess of the limitations described by K.S.A.
8-1908 and 8-1909, and amendments thereto, for such vehicle or combination of vehicles
of which it is a part. Any person or owner who operates a vehicle in this state with a
registration in violation of subsection (2) of K.S.A. 8-143, and amendments thereto, shall be
required to pay the additional fee equal to the fee required by the applicable registration
fee schedule, less the amount of the fee required for the gross weight for which the vehicle
is registered to obtain the proper registration therewith. A fine of $75 shall be assessed for
all such gross weight registration violations.
Eighth: To operate a local truck or truck tractor which is registered for a gross weight of
more than 12,000 pounds as a common or contract carrier outside a radius of three miles
beyond the corporate limits of the city in which such vehicle was based when registered
and licensed or to operate any other local truck or truck tractor licensed for a gross weight
of more than 12,000 pounds outside a radius of 25 miles beyond the corporate limits of the
city in which such vehicle was based when registered and licensed, except as provided in
subsection (2) of K.S.A. 8-143 or 8-143i, and amendments thereto.
Ninth: To operate on the highways of this state a farm truck or farm trailer other than to
transport: (a) Agricultural products produced by such owner; (b) commodities purchased
by the owner for use on the farm owned or rented by the owner of such vehicles; (c)
commodities for religious or educational institutions being transported by the owner of such
vehicles for charity and without compensation of any kind, except as provided in subsection
(c) of K.S.A. 66-1,109, and amendments thereto; or (d) sand, gravel, slag stone, limestone,
crushed stone, cinders, black top, dirt or fill material to a township road maintenance or
construction site of the township in which the owner of such truck resides.
Tenth: To operate a farm truck or truck tractor used in combination with a trailer or
semitrailer for a gross weight which does not include the empty weight of the truck or truck
tractor or of the combination of any truck or truck tractor and any type of trailer or semi-
trailer, plus the maximum weight of cargo which will be transported on or with the same;
and such farm truck or farm truck tractor used to transport a gross weight of more than
54,000 pounds shall have durably lettered on the side of the motor vehicle the words ``farm
vehicle--not for hire.''
Eleventh: To operate on the highways of this state any truck or truck tractor without the
current quarter of license fees being paid thereon.
Twelfth: To operate on the highways of this state a truck or truck tractor without carrying
in the cab a copy of the registration receipt for such vehicle or without having painted or
otherwise durably marked on said vehicle on both sides thereof, the gross weight for which
said vehicle is licensed and the name and address of the owner thereof, except as provided
in K.S.A. 8-143e, and amendments thereto.
Thirteenth: To operate on the highways of this state a farm trailer carrying more than
6,000 pounds without being registered and the registration fees paid thereon.
Fourteenth: To operate more than 6,000 miles in any calendar year any truck or truck
tractor which has been registered and licensed to operate not more than 6,000 miles in such
calendar year, as provided in subsection (2) of K.S.A. 8-143, and amendments thereto, unless
the additional fee required by said subsection (2) has been paid.
Fifteenth: For any owner who has registered a truck or truck tractor on the basis of
operating not more than 6,000 miles to fail to keep the records required by the director of
vehicles, or to fail to comply with rules and regulations of the secretary of revenue relating
to such registration.
Sixteenth: To operate a vehicle or combination of vehicles on the national system of
interstate and defense highways with a gross weight greater than permitted by the laws of
the United States Congress.
Sec. 10. K.S.A. 1997 Supp. 8-145 is hereby amended to read as follows: 8-145. (a) All
registration and certificates of title fees shall be paid to the county treasurer of the county
in which the applicant for registration resides or has an office or principal place of business
within this state, and the county treasurer shall issue a receipt in triplicate, on blanks fur-
nished by the division of vehicles, one copy of which shall be filed in the county treasurer's
office, one copy shall be delivered to the applicant and the original copy shall be forwarded
to the director of vehicles.
(b) The county treasurer shall deposit $.75 of each license application, $.75 out of each
application for transfer of license plate and $2 out of each application for a certificate of
title, collected by such treasurer under this act, in a special fund, which fund is hereby
appropriated for the use of the county treasurer in paying for necessary help and expenses
incidental to the administration of duties in accordance with the provisions of this law and
extra compensation to the county treasurer for the services performed in administering the
provisions of this act, which compensation shall be in addition to any other compensation
provided by any other law, except that the county treasurer shall receive as additional com-
pensation for administering the motor vehicle title and registration laws and fees, a sum
computed as follows: The county treasurer, during the month of December, shall determine
the amount to be retained for extra compensation not to exceed the following amounts each
year for calendar year 1990 or any calendar year thereafter: The sum of $60 per hundred
registrations for the first 5,000 registrations; the sum of $45 per hundred registrations for
the next 5,000 registrations; and the sum of $2 per hundred registrations for all registrations
thereafter. In no event, however, shall any county treasurer be entitled to receive more than
$9,800 additional annual compensation.
If more than one person shall hold the office of county treasurer during any one calendar
year, such compensation shall be prorated among such persons in proportion to the number
of weeks served. The total amount of compensation paid the treasurer together with the
amounts expended in paying for other necessary help and expenses incidental to the ad-
ministration of the duties of the county treasurer in accordance with the provisions of this
act, shall not exceed the amount deposited in such special fund. Any balance remaining in
such fund at the close of any calendar year shall be withdrawn and credited to the general
fund of the county prior to June 1 of the following calendar year.
(c) The county treasurer shall remit the remainder of all such fees collected, together
with the original copy of all applications, to the secretary of revenue. Except as provided in
subsection (d), all such fees remitted to the secretary of revenue shall be deposited with the
state treasurer and credited to the state highway fund.
(d) (1) On July 1, 1996, through June 30, 1997, $2.35 of each certificate of title fee
collected and remitted to the secretary of revenue, shall be deposited with the state treasurer
and credited to the Kansas highway patrol motor vehicle fund, and $1.15 of each certificate
of title fee collected and remitted to the secretary of revenue, shall be deposited with the
state treasurer and credited to the VIPS/CAMA technology hardware fund.
(2) (1) On July 1, 1997, through June 30, 1999, $2.50 of each certificate of title fee
collected and remitted to the secretary of revenue, shall be deposited with the state treasurer
and credited to the Kansas highway patrol motor vehicle fund, and, $1 of each certificate
of title fee collected and remitted to the secretary of revenue, shall be deposited with the
state treasurer and credited to the VIPS/CAMA technology hardware fund.
(2) For repossessed vehicles, $3 of each certificate of title fee collected and remitted to
the secretary of revenue, shall be deposited with the state treasurer and credited to the
repossessed certificates of title fee fund.'';
By renumbering sections accordingly;
Also on page 2, in line 42, by striking ``Any'' and inserting ``On and after January 1, 2000,
any'';
On page 4, in line 17, by striking ``The'' and inserting ``In addition to the fees required
under subsection (b) of K.S.A. 8-167, and amendments thereto, and subsection (a) or (c) of
this section, the''; by striking all in lines 19 through 28 and inserting the following:
``(c) On and after January 1, 2000, in lieu of the license plate issued under subsection
(a), a person who owns an antique vehicle who wants to display a model year license plate
on the vehicle shall make application in a manner prescribed by the director of vehicles,
including the execution of an affidavit setting forth that the model year license plate the
person wants to display on the person's antique vehicle is a legible and serviceable license
plate that originally was issued by this state. Such license plate shall be inscribed with the
date of the year corresponding to the model year when the vehicle was manufactured.
Duplicate numbers for any year shall not be allowed for any model year license plate under
the provisions of this subsection. The model year license plate fee shall be $40.
(d) In addition to the license plates authorized under subsection (a) or (c), a person who
owns an antique vehicle may display a model year license plate originally issued by the state
of Kansas on the front of an antique vehicle. Such license plate shall be inscribed with the
date of the year corresponding to the model year when the vehicle was manufactured.
Sec. 13. K.S.A. 1997 Supp. 8-1,146 is hereby amended to read as follows: 8-1,146. (a)
On and after January 1, 1998, Any owner of one or more passenger vehicles or trucks of a
gross weight of 12,000 pounds or less, who is a resident of the state of Kansas, and who
submits satisfactory proof to the director of vehicles, in accordance with rules and regulations
adopted by the secretary of revenue, that such person has proof of having served and is
designated as a veteran, and has had an honorable discharge from the United States army,
navy, air force, marine corps or, coast guard or merchant marines, upon compliance with
the provisions of this section, may be issued one distinctive license plate for each such
passenger vehicle or truck designating such person as an United States military veteran.
Such license plates shall be issued for the same period of time as other license plates upon
proper registration and payment of the regular license fee as provided in K.S.A. 8-143, and
amendments thereto.
(b) Any person who is a veteran of the United States army, navy, air force, marine corps
or, coast guard or merchant marines may make application for such distinctive license plates,
not less than 60 days prior to such person's renewal of registration date, on a form prescribed
and furnished by the director of vehicles, and any applicant for the distinctive license plates
shall furnish the director with proof as the director shall require that the applicant is a
veteran of the United States army, navy, air force, marine corps or, coast guard or merchant
marines. Application for the registration of a passenger vehicle or truck and issuance of the
license plates under this section shall be made by the owner in a manner prescribed by the
director of vehicles upon forms furnished by the director.
(c) No registration of distinctive license plates issued under the authority of this section
shall be transferable to any other person.
(d) Renewals of registration under this section shall be made annually, upon payment
of the fee prescribed in subsection (a), in the manner prescribed in subsection (b) of K.S.A.
8-132, and amendments thereto. No renewal of registration shall be made to any applicant
until such applicant has filed with the director a form as provided in subsection (b). If such
form is not filed, the applicant shall be required to comply with K.S.A. 8-143, and amend-
ments thereto, and return the distinctive license plates to the county treasurer of such
person's residence.
Sec. 14. K.S.A. 8-116a, 8-133 and 8-172 and K.S.A. 1997 Supp. 8-135, 8-142, 8-145, 8-
170 and 8-1,146 are hereby repealed.'';
By renumbering sections accordingly;
Also on page 4, in line 29, preceding ``K.S.A.'' by inserting ``On and after January 1, 1999,'';
also in line 29, by striking all following ``79-5105a''; in line 30, by striking ``8-170''; in line
35, by striking ``January 1, 1999, and'';
In the title, in line 13, preceding ``79-5105a'' by inserting ``8-116a, 8-133, 8-172 and''; also
in line 13, by striking ``and 8-172''; in line 14, by striking ``8-170'' and inserting ``8-135, 8-
142, 8-145, 8-170 and 8-1,146'';
April 9, 1998
And your committee on conference recommends the adoption of this report.
Gary K. Hayzlett
Andrew Howell
Herman Dillon
Conferees on part of House
Ben Vidricksen
Nick Jordan
Mark Gilstrap
Conferees on part of Senate
Senator Vidricksen moved the Senate adopt the Conference Committee report on H Sub.
for S Sub. SB 139.
On roll call, the vote was: Yeas 37, nays 3, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Huelskamp,
Jones, Jordan, Karr, Langworthy, Lawrence, Morris, Oleen, Petty, Praeger, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.
Nays: Hensley, Kerr, Lee.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 488, 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 of the Whole
amendments, as follows:
On page 1, in line 25, by striking ``For'' and inserting ``On and after January 1, 1999, for'';
by striking all in lines 38 through 43;
On page 2, by striking all in lines 1 through 43;
On page 3, by striking all in lines 1 through 43;
On page 4, by striking all in lines 1 through 43;
On page 5, by striking all in lines 1 through 8;
By renumbering sections accordingly;
On page 6, in line 30, by striking ``and 74-2012'';
In the title, in line 12, by striking all following the semicolon; in line 13, by striking all
preceding ``concerning''; in line 15, by striking ``and 74-2012'';
And your committee on conference recommends the adoption of this report.
Gary K. Hayzlett
Andrew Howell
Herman Dillon
Conferees on part of House
Ben Vidricksen
Nick Jordan
Mark Gilstrap
Conferees on part of Senate
Senator Vidricksen moved the Senate adopt the Conference Committee report on SB
488.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 556, 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 of the Whole
amendments, as follows:
On page 4, by striking all in lines 5 through 17;
By renumbering sections accordingly;
And your committee on conference recommends the adoption of this report.
Kent Glasscock
Larry L. Campbell
Gwen Welshimer
Conferees on part of House
Janice Hardenburger
Rich Becker
Janis K. Lee
Conferees on part of Senate
Senator Hardenburger moved the Senate adopt the Conference Committee report on SB
556.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Huel-
skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Prae-
ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger,
Vidricksen.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2249, submits the following report:
The Senate recedes from all of its amendments to the bill;
And your committee on conference further agrees to amend the bill, as printed with
House Committee of the Whole amendments, as follows:
On page 1, by striking all of lines 21 through 43;
On pages 2 through 11, by striking all of lines 1 through 43 on each such page;
On page 12, prior to line 1, by inserting six new sections as follows:
``Section 1. K.S.A. 1997 Supp. 72-6407 is hereby amended to read as follows: 72-6407.
(a) ``Pupil'' means any person who is regularly enrolled in a district and attending kinder-
garten or any of the grades one through 12 maintained by the district or who is regularly
enrolled in a district and attending kindergarten or any of the grades one through 12 in
another district in accordance with an agreement entered into under authority of K.S.A. 72-
8233, and amendments thereto, or who is regularly enrolled in a district and attending
special education services provided for preschool-aged exceptional children by the district.
Except as otherwise provided in this subsection, a pupil in attendance full time shall be
counted as one pupil. A pupil in attendance part time shall be counted as that proportion
of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-time attendance.
A pupil attending kindergarten shall be counted as 1/2 pupil. A pupil enrolled in and attending
an institution of postsecondary education which is authorized under the laws of this state to
award academic degrees shall be counted as one pupil if the pupil's postsecondary education
enrollment and attendance together with the pupil's attendance in either of the grades 11
or 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion of one pupil
(to the nearest 1/10) that the total time of the pupil's postsecondary education attendance
and attendance in grade 11 or 12, as applicable, bears to full-time attendance. A pupil
enrolled in and attending an area vocational school, area vocational-technical school or
approved vocational education program shall be counted as one pupil if the pupil's vocational
education enrollment and attendance together with the pupil's attendance in any of grades
nine through 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion
of one pupil (to the nearest 1/10) that the total time of the pupil's vocational education
attendance and attendance in any of grades nine through 12 bears to full-time attendance.
A pupil enrolled in a district and attending special education services, except special edu-
cation services for preschool-aged exceptional children, provided for by the district shall be
counted as one pupil. A pupil enrolled in a district and attending special education services
for preschool-aged exceptional children provided for by the district shall be counted as 1/2
pupil. A preschool-aged at-risk pupil enrolled in a district and receiving services under an
approved at-risk pupil assistance plan maintained by the district shall be counted as 1/2 pupil.
A pupil in the custody of the secretary of social and rehabilitation services and enrolled in
unified school district No. 259, Sedgwick county, Kansas, but housed, maintained, and re-
ceiving educational services at the Judge James V. Riddel Boys Ranch, shall be counted as
two pupils. A pupil residing at the Flint Hills job corps center shall not be counted. A pupil
confined in and receiving educational services provided for by a district at a juvenile deten-
tion facility shall not be counted. A pupil enrolled in a district but housed, maintained, and
receiving educational services at a state institution shall not be counted.
(b) ``Preschool-aged exceptional children'' means exceptional children, except gifted
children, who have attained the age of three years but are under the age of eligibility for
attendance at kindergarten.
(c) ``At-risk pupils'' means pupils who are eligible for free meals under the national
school lunch act and who are enrolled in a district which maintains an approved at-risk pupil
assistance plan.
(d) ``Preschool-aged at-risk pupil'' means an at-risk pupil who has attained the age of
four years, is under the age of eligibility for attendance at kindergarten, and has been selected
by the state board in accordance with guidelines consonant with guidelines governing the
selection of pupils for participation in head start programs. The state board shall select not
more than 1,350 preschool-aged at-risk pupils to be counted in any school year.
(d) (e) ``Enrollment'' means, for districts scheduling the school days or school hours of
the school term on a trimestral or quarterly basis, the number of pupils regularly enrolled
in the district on September 20 plus the number of pupils regularly enrolled in the district
on February 20 less the number of pupils regularly enrolled on February 20 who were
counted in the enrollment of the district on September 20; and for districts not hereinbefore
specified, the number of pupils regularly enrolled in the district on September 20. Not-
withstanding the foregoing, if enrollment in a district in any school year has decreased from
enrollment in the preceding school year, enrollment of the district in the current school
year may be computed on the basis of enrollment in the preceding school year.
(e) (f) ``Adjusted enrollment'' means enrollment adjusted by adding at-risk pupil weight-
ing, program weighting, low enrollment weighting, if any, correlation weighting, if any,
school facilities weighting, if any, ancillary school facilities weighting, if any, and transpor-
tation weighting to enrollment.
(f) (g) ``At-risk pupil weighting'' means an addend component assigned to enrollment
of districts on the basis of enrollment of at-risk pupils.
(g) (h) ``Program weighting'' means an addend component assigned to enrollment of
districts on the basis of pupil attendance in educational programs which differ in cost from
regular educational programs.
(h) (i) ``Low enrollment weighting'' means an addend component assigned to enrollment
of districts having under 1,800 1,750 enrollment on the basis of costs attributable to main-
tenance of educational programs by such districts in comparison with costs attributable to
maintenance of educational programs by districts having 1,800 1,750 or over enrollment.
(i) (j) ``School facilities weighting'' means an addend component assigned to enrollment
of districts on the basis of costs attributable to commencing operation of new school facilities.
School facilities weighting may be assigned to enrollment of a district only if the district has
adopted a local option budget and budgeted therein the total amount authorized for the
school year. School facilities weighting may be assigned to enrollment of the district only in
the school year in which operation of a new school facility is commenced and in the next
succeeding school year.
(j) (k) ``Transportation weighting'' means an addend component assigned to enrollment
of districts on the basis of costs attributable to the provision or furnishing of transportation.
(k) (l) ``Correlation weighting'' means an addend component assigned to enrollment of
districts having 1,800 1,750 or over enrollment on the basis of costs attributable to main-
tenance of educational programs by such districts as a correlate to low enrollment weighting
assigned to enrollment of districts having under 1,800 1,750 enrollment.
(l) (m) ``Ancillary school facilities weighting'' means an addend component assigned to
enrollment of districts to which the provisions of K.S.A. 1997 Supp. 72-6441, and amend-
ments thereto, apply on the basis of costs attributable to commencing operation of new
school facilities. Ancillary school facilities weighting may be assigned to enrollment of a
district only if the district has levied a tax under authority of K.S.A. 1997 Supp. 72-6441,
and amendments thereto, and remitted the proceeds from such tax to the state treasurer.
Ancillary school facilities weighting is in addition to assignment of school facilities weighting
to enrollment of any district eligible for such weighting.
Sec. 2. K.S.A. 1997 Supp. 72-6410 is hereby amended to read as follows: 72-6410. (a)
``State financial aid'' means an amount equal to the product obtained by multiplying base
state aid per pupil by the adjusted enrollment of a district.
(b) ``Base state aid per pupil'' means an amount of state financial aid per pupil. Subject
to the other provisions of this subsection, the amount of base state aid per pupil is $3,670
any reduction under K.S.A. 75-6704, and amendments thereto, in the amount of the ap-
propriation from the state general fund for general state aid. If the amount of appropriations
for general state aid is insufficient to pay in full the amount each district is entitled to receive
for any school year, the amount of base state aid per pupil for such school year is subject
to reduction commensurate with the amount of the insufficiency.
(c) ``Local effort'' means the sum of an amount equal to the proceeds from the tax levied
under authority of K.S.A. 72-6431, and amendments thereto, and an amount equal to any
unexpended and unencumbered balance remaining in the general fund of the district, except
amounts received by the district and authorized to be expended for the purposes specified
in K.S.A. 72-6430, and amendments thereto, and an amount equal to any unexpended and
unencumbered balances remaining in the program weighted funds of the district, except
any amount in the vocational education fund of the district if the district is operating an
area vocational school, and an amount equal to any remaining proceeds from taxes levied
under authority of K.S.A. 72-7056 and 72-7072, and amendments thereto, prior to the repeal
of such statutory sections, and an amount equal to the amount deposited in the general fund
in the current school year from amounts received in such year by the district under the
provisions of subsection (a) of K.S.A. 72-1046a, and amendments thereto, and an amount
equal to the amount deposited in the general fund in the current school year from amounts
received in such year by the district pursuant to contracts made and entered into under
authority of K.S.A. 72-6757, and amendments thereto, and an amount equal to the amount
credited to the general fund in the current school year from amounts distributed in such
year to the district under the provisions of articles 17 and 34 of chapter 12 of Kansas Statutes
Annotated and under the provisions of articles 42 and 51 of chapter 79 of Kansas Statutes
Annotated, and (1) for districts other than the district created by K.S.A. 72-5333a, and
amendments thereto, an amount equal to 75% of the federal impact aid of a district and (2)
for the district created by K.S.A. 72-5333a, and amendments thereto, an amount equal to
the federal impact aid of the district.
(d) ``Federal impact aid'' means an amount equal to the federally qualified percentage
of the amount of moneys a district receives in the current school year under the provisions
of title I of public law 874 and congressional appropriations therefor, excluding amounts
received for assistance in cases of major disaster and amounts received under the low-rent
housing program. The amount of federal impact aid defined herein as an amount equal to
the federally qualified percentage of the amount of moneys provided for the district under
title I of public law 874 shall be determined by the state board in accordance with terms
and conditions imposed under the provisions of the public law and rules and regulations
thereunder.
Sec. 3. K.S.A. 1997 Supp. 72-6412 is hereby amended to read as follows: 72-6412. The
low enrollment weighting of each district with under 1,800 1,750 enrollment shall be de-
termined by the state board as follows:
(a) Determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 75-125 enrollment in such school year;
(b) determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 200-399 enrollment in such school year;
(c) determine the amount of the median budget per pupil for the 1991-92 school year
of districts with 1,900 or over enrollment;
(d) prescribe a schedule amount for each of the districts by preparing a schedule based
upon an accepted mathematical formula and derived from a linear transition between (1)
the median budgets per pupil determined under (a) and (b), and (2) the median budgets
per pupil determined under (b) and (c). The schedule amount for districts with 0-99 en-
rollment is an amount equal to the amount of the median budget per pupil determined
under (a). The schedule amount for districts with 100-299 enrollment is the amount derived
from the linear transition under (1). The schedule amount for districts with 300-1,899 en-
rollment is the amount derived from the linear transition under (2);
(e) for districts with 0-99 enrollment:
(1) Subtract the amount determined under (c) from the amount determined under (a);
(2) divide the remainder obtained under (1) by the amount determined under (c);
(3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district;
(f) for districts with 100-299 enrollment:
(1) Subtract the amount determined under (c) from the schedule amount of the district;
(2) divide the remainder obtained under (1) by the amount determined under (c);
(3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district;
(g) for districts with 300-1,799 300-1,749 enrollment:
(1) Subtract the amount determined under (c) from the schedule amount of the district;
(2) divide the remainder obtained under (1) by the amount determined under (c);
(3) multiply the quotient obtained under (2) by the enrollment of the district in the
current school year. The product is the low enrollment weighting of the district.
Sec. 4. K.S.A. 1997 Supp. 72-6414 is hereby amended to read as follows: 72-6414. The
at-risk pupil weighting of each district shall be determined by the state board by multiplying
the number of at-risk pupils included in enrollment of the district by .065 .08. The product
is the at-risk pupil weighting of the district.
Sec. 5. K.S.A. 1997 Supp. 72-6442 is hereby amended to read as follows: 72-6442. The
correlation weighting of each district with 1,800 1,750 or over enrollment shall be deter-
mined by the state board as follows:
(a) Determine the schedule amount for a district with 1,800 1,750 enrollment as derived
from the linear transition under (d) of K.S.A. 72-6412, and amendments thereto, and sub-
tract the amount determined under (c) of K.S.A. 72-6412, and amendments thereto, from
the schedule amount so determined;
(b) divide the remainder obtained under (a) by the amount determined under (c) of
K.S.A. 72-6412, and amendments thereto, and multiply the quotient by the enrollment of
the district in the current school year. The product is the correlation weighting of the district.
Sec. 6. K.S.A. 1997 Supp. 72-6407, 72-6410, 72-6412, 72-6414 and 72-6442 are hereby
repealed.'';
By renumbering section 14 as section 7;
In the title, by striking all of line 14; in line 15, by striking all before ``amending'' and
inserting ``concerning school district finance; defining and counting preschool-aged at-risk
pupils; affecting determination of at-risk, low enrollment, and correlation weightings;''; in
line 16, by striking all after ``K.S.A.''; in line 17, by striking ``79-32,176, 79-32,195 and 79-
32,197'' and inserting ``1997 Supp. 72-6407, 72-6410, 72-6412, 72-6414 and 72-6442'';
And your committee on conference recommends the adoption of this report.
Barbara Lawrence
Audrey Langworthy
Christine Downey
Conferees on part of Senate
Michael R. O'Neal
Eugene L. Shore
Bill Reardon
Conferees on part of House
Senator Lawrence moved the Senate adopt the Conference Committee report on HB
2249.
On roll call, the vote was: Yeas 34, nays 6, present and passing 0; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Hensley, Jones,
Jordan, Karr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Salisbury,
Schraad, Steffes, Steineger, Umbarger, Vidricksen.
Nays: Clark, Huelskamp, Kerr, Ranson, Salmans, Tyson.
The Conference Committee report was adopted.
EXPLANATION OF VOTE
Mr. President: I reluctantly vote yes for HB 2249. I heartily vote for adequate edu-
cation funding. However, I balk at starting a new unproven program which doesn't serve to
assist parents in their responsibilities, but rather, further undermines their role. In addition,
one of my districts with less than 1,700 students receives about $18 new under this plan,
whereas my other two districts receive close to $50. This is unequitable. I recommend the
dollars for this program go into this mid-size school district formula.--Karin Brownlee
Mr. President: It is with relief that I vote yes on HB 2249. It is nearly identical to the
``50/50'' Educational Finance Plan introduced by the Democratic Caucus early in the ses-
sion. It has been a long, continuous battle to insure that adequate dollars were protected
for education. In a year with unprecedented revenue, it would be unacceptable to do less
for schools and kids. The real winners are the school kids of Kansas.--Christine Downey
Senators Gooch, Goodwin and Hensley request the record to show they concur with the
``Explanation of Vote'' offered by Senator Downey on HB 2249.
Mr. President: The Conference Committee report on HB 2249 is an attractive nui-
sance. It is attractive in that it provides more funding for education. It is a nuisance because
it spreads the massive new spending unfairly. It starts a new program while old programs,
with proven track records remain underfunded.
Lastly, despite the millions of new dollars being spent, it fails to even meet statutory
requirements in the areas of supplemental general state aid and KPERS contribution.--
Dave Kerr
Senators Clark, Ranson, Salmans and Tyson requests the record to show they concur with
the ``Explanation of Vote'' offered by Senator Kerr on HB 2249.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2950, 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 7, in line 37, after the period, by inserting ``Before approval by the department,
any consultant preparing such plans and specifications shall submit to the department evi-
dence, satisfactory to the department, of adequate general commercial liability insurance
coverage.'';
On page 12, in line 28, by striking ``12'' and inserting ``six'';
On page 15, in line 35, after ``facility'' by inserting ``that has an animal unit capacity of
1,000 or more and'';
On page 16, in line 8, by striking ``12'' and inserting ``six''; in line 42, by striking ``shall
amend its nutrient utilization'' and inserting ``that is required to have a nutrient utilization
plan shall amend such'';
On page 17, in line 4, by striking ``Each swine facility shall maintain its nutrient utilization''
and inserting ``A swine facility that is required to have a nutrient utilization plan shall main-
tain such'';
On page 20, by striking all of line 6; in line 7, by striking ``more'' and inserting ``is required
to have a permit'';
On page 23, in line 38, by striking ``at the discretion of the department'' and inserting ``at
least once during the term of the facility's permit'';
On page 33, after line 4, by inserting:
``(ix) The amount of any ad valorem taxes and assessments paid and the amount of any
costs incurred for habitat management or construction and maintenance of improvements
on real property, claimed for deduction in determining federal adjusted gross income, to
the extent the same is claimed as the basis for any credit allowed pursuant to K.S.A. 79-
32,203 and amendments thereto.'';
On page 57, in line 15, by striking ``and amendments thereto'' and inserting ``as it existed
before the effective date of this act'';
On page 60, in line 10, after ``K.S.A.'' by inserting ``2-1915,''; in line 11, by striking ``74-
5065'' and inserting ``17-5904, 17-5908, 47-1219, 65-171d, 74-5065, 74-5066, 74-8902, 74-
8905''; also in line 11, by striking all after ``79-32,117''; in line 12, by striking all before the
last comma;
On page 69, in lines 3 and 4, by striking ``and section 38 and amendments thereto'' and
inserting ``, as it existed before the effective date of this act, and section 38''; in line 6, after
``which'' by inserting ``, before the effective date of this act,''; in line 7, by striking ``and
amendments thereto'' and inserting ``, as it existed before the effective date of this act'';
after line 8, by inserting:
``(16) Agricultural land held or leased by a corporation or limited liability company for
use as a swine production facility in any county where the voters, after the effective date of
this act, have voted pursuant to K.S.A. 17-5908, and amendments thereto, to allow estab-
lishment of swine production facilities within the county.'';
Also on page 69, in line 9, by striking ``(16)'' and inserting ``(17)''; in line 14, by striking
``(17)'' and inserting ``(18)''; after line 39, by inserting:
Sec. 45. K.S.A. 17-5908 is hereby amended to read as follows: 17-5908. (a) (1) The
board of county commissioners, by resolution, may permit a submit to the qualified voters
of the county a proposition to allow swine production facility facilities, as defined in K.S.A.
17-5903, and amendments thereto, to be established within the county. Such resolution
shall be published once each week for two consecutive weeks in the official county news-
paper. The resolution shall take effect 60 days after final publication unless a valid petition
in opposition to the same is filed.
(2) If within 60 days of the final publication of the resolution, a valid protest petition to
submit the resolution to the qualified voters of the county is signed by qualified electors of
the county equal in number to not less than 5% of the electors of the county who voted for
the office of secretary of state at the last preceding general election at which such office
was elected and is filed with the county election officer Upon adoption of such resolution,
the county election officer shall submit the question of whether a swine production facility
regular or special election.
(b) (1) The board of county commissioners, upon a petition filed in accordance with
paragraph (b)(2), shall submit to the qualified electors voters of the county a proposition to
permit a allow swine production facility facilities, as defined in K.S.A. 17-5903, and amend-
ments thereto, to be established within the county.
(2) A petition to submit a proposition to the qualified voters of a county pursuant to
this section subsection (b) shall be filed with the county election officer. The petition shall
be signed by qualified electors voters of the county equal in number to not less than 5% of
the electors voters of the county who voted for the office of secretary of state at the last
preceding general election at which such office was elected. The following shall appear on
the petition:
``We request an election to determine whether a corporate swine production facility fa-
cilities shall be allowed to be established in ________ county, pursuant to K.S.A. 17-
5904.''
(3) Upon the submission of a valid petition calling for an election pursuant to this
subsection, the county election officer shall submit the question of whether a swine pro-
duction facility facilities shall be allowed to be established in such county at the next state
or county-wide regular or special election which occurs more than 60 days after the petition
is filed with the county election officer.
(c) If a majority of the votes cast and counted are in opposition to allowing swine pro-
duction facilities to be established in such county, the county election officer shall transmit
a copy of the result to the secretary of state who shall publish in the Kansas register the
result of such election and that swine production facilities are not allowed to be established
in such county.
(d) If a majority of the votes cast and counted is in favor of the proposition, the county
election officer shall transmit a copy of the result to the secretary of state who shall publish
in the Kansas register the result of such election and that swine production facilities are
allowed to be established in such county.
(e) 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,
except that the county election officer shall publish in the official county newspaper a notice
of such election once each week for two consecutive weeks, the first publication to be not
less than 21 days before the election, and such notice shall state the date and time of the
election and the proposition that will appear on the ballot.
Sec. 46. K.S.A. 2-1915 is hereby amended to read as follows: 2-1915. (a) Appropriations
may be made for grants out of funds in the treasury of this state for terraces, terrace outlets,
check dams, dikes, ponds, ditches, critical area planting, grassed waterways, tailwater re-
covery irrigation systems, precision land forming, range seeding, detention and grade sta-
bilization structures and other enduring water conservation practices installed on public
lands and on privately owned lands. Except as provided by the multipurpose small lakes
program act, any such grant shall not exceed 80% of the total cost of any such practice.
(b) A program for protection of riparian and wetland areas shall be developed by the
state conservation commission and implemented by the conservation districts. The conser-
vation districts shall prepare district programs to address resource management concerns
of water quality, erosion and sediment control and wildlife habitat as part of the conservation
district long-range and annual work plans. Preparation and implementation of conservation
district programs shall be accomplished with assistance from appropriate state and federal
agencies involved in resource management.
(c) Subject to the provisions of K.S.A. 2-1919, and amendments thereto, any holder of
a water right, as defined by subsection (g) of K.S.A. 82a-701, and amendments thereto, who
is willing to voluntarily return all or a part of the water right to the state shall be eligible for
a grant not to exceed 80% of the total cost of the purchase price for such water right. The
state conservation commission shall administer this cost-share program with funds appro-
priated by the legislature for such purpose. The chief engineer shall certify to the state
conservation commission that any water right for which application for cost-share is received
under this section is eligible in accordance with the criteria established in K.S.A. 2-1919,
and amendments thereto.
(d) (1) Subject to appropriation acts therefor, the state conservation commission shall
develop the Kansas water quality buffer initiative for the purpose of restoring riparian areas
using best management practices. The executive director of the state conservation commission
shall ensure that the initiative is complementary to the federal conservation reserve program.
(2) There is hereby created in the state treasury the Kansas water quality buffer initiative
fund. All expenditures from such fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to vouchers approved
by the executive director of the state conservation commission or the executive director's
designee. Money credited to the fund shall be used for the purpose of making grants to install
water quality best management practices pursuant to the initiative.
(3) The county or district appraiser shall identify and map riparian buffers consisting
of at least one contiguous acre per parcel of real property located in the appraiser's county.
Notwithstanding any other provisions of law, riparian buffers shall be valued by the county
or district appraiser as tame grass land, native grass land or waste land, as appropriate. As
used in this subsection (3), ``riparian buffer'' means an area of stream-side vegetation that:
(A) Consists of tame or native grass and may include forbs and woody plants; (B) is located
along a perennial or intermittent stream, including the stream bank and adjoining floodplain;
and (C) is a minimum of 66 feet wide and a maximum of 150 feet wide.
(d) (e) The state conservation commission shall adopt rules and regulations to administer
such grant and protection programs.
(e) (f) Any district is authorized to make use of any assistance whatsoever given by the
United States, or any agency thereof, or derived from any other source, for the planning
and installation of such practices. The state conservation commission may enter into agree-
ments with other state and federal agencies to implement the Kansas water quality buffer
initiative.'';
Also on page 69, by striking all of lines 40 through 43 and inserting:
``Sec. 47. K.S.A. 2-1915, 2-3302, 2-3305, 2-3307, 17-5908, 74-5065, 79-32,117 and
79-32,117i and K.S.A. 1997 Supp. 17-5904, 19-101a, 47-1219, 65-171d, 74-5066, 74-8902
and 74-8905 are hereby repealed.'';
By renumbering sections 46 and 47 as sections 48 and 49;
In the title, in line 14, by striking all after ``concerning''; by striking all of lines 15 through
26; in line 32, before the semicolon, by inserting ``agriculture; relating to regulation of
confined animal feeding facilities; imposing restrictions on construction, operation and ex-
pansion of certain facilities; providing for certain income tax credits; providing for certain
elections on establishment of swine production facilities; relating to eligibility for KIT and
KIR program funds and for issuance of Kansas development finance authority bonds; re-
lating to disposal of certain dead livestock; relating to water quality buffers; amending K.S.A.
2-1915, 2-3302, 2-3305, 2-3307, 17-5908, 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 74-8950; also repealing K.S.A.
79-32,117i'';
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
Kent Glasscock
Laura Lee McClure
Conferees on part of House
Senator Corbin moved the Senate adopt the Conference Committee report on Sub. HB
2950.
On roll call, the vote was: Yeas 32, nays 7, present and passing 1; absent or not voting 0.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Gilstrap, Gooch, Goodwin, Hardenburger, Huelskamp, Jones, Jordan, Kerr, Lang-
worthy, Lee, Morris, Praeger, Pugh, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger, Vidricksen.
Nays: Feleciano, Harrington, Hensley, Lawrence, Oleen, Petty, Ranson.
Present and passing: Karr.
The Conference Committee report was adopted.
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 reluctantly vote aye on Sub. HB 2950. For the here and now, this is
the strongest hog factory bill that could work its way through the legislative process. It leaves
much undone and issues that will need to be addressed in future sessions. The real danger
is that it will give us a false sense of security that the hog issue is under control.
The real concerns of Kansans who have voted overwhelming against corporate hogs are
not addressed in this legislation. The concerns expressed in all of our letters and testimony
have not been addressed. The massive concentration of corporate hogs in small geographic
areas of our state will continue and negatively impact our air, water, soil, and quality of life.
Other states have taken stronger action to control this growth. Kansas will follow if con-
cerned Kansans continue to speak through the ballot box. Hog factories are destroying public
confidence in agriculture. They are tomorrow's problem disguised as today's solution.--
Don Biggs
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
REPORTS OF STANDING COMMITTEES
Committee on Federal and State Affairs recommends HB 2886, as amended by
House Committee of the Whole, be amended on page 1, by striking all in lines 17 through
43;
On page 2, by striking all in lines 1 through 43;
On page 3, by striking all in lines 1 through 15 and inserting:
``New Section 1. As used in this act:
(a) ``Secretary'' means the secretary of the department of wildlife and parks.
(b) ``Municipality'' means any city, county, township or other political subdivision of the
state.
(c) ``Person'' means an individual, partnership, corporation or other legal entity.
(d) ``Sport shooting range'' or ``range'' means an area designed and operated for the use
of archery, rifles, shotguns, pistols, semiautomatic firearms, skeet, trap, black powder or any
other similar sport shooting.
New Sec. 2. (a) The secretary shall adopt, pursuant to rules and regulations, generally
accepted operation practices for sport shooting ranges. Such practices shall include, but not
be limited to the:
(1) Safe handling and use of black powder, archery, skeet and trap equipment, rifles,
shotguns, pistols and other firearms used at sport shooting ranges; and
(2) design and operation of sport shooting ranges.
(b) The secretary shall adopt generally accepted operation practices within 180 days of
the effective date of this act.
Sec. 3. K.S.A. 1997 Supp. 12-758 is hereby amended to read as follows: 12-758. (a)
Except as otherwise provided by this section and K.S.A. 1997 Supp. 12-770 and 12-771, and
amendments thereto, regulations adopted under authority of this act shall not apply to the
existing use of any building or land, but shall apply to any alteration of a building to provide
for a change in use or a change in the use of any building or land after the effective date of
any regulations adopted under this act. Except as otherwise provided by this section, if a
building is damaged by more than 50% of its fair market value such building shall not be
restored if the use of such building is not in conformance with the regulations adopted
under this act.
(b) Except for flood plain regulations in areas designated as a flood plain, regulations
adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant
to this act shall not apply to the use of land for agricultural purposes, nor for the erection
or maintenance of buildings thereon for such purposes so long as such land and buildings
are used for agricultural purposes and not otherwise.
(c) Except for flood plain regulations in areas designated as a flood plain, regulations
adopted pursuant to this act shall not apply to the use of land used for the operation of a
sport shooting range which is in operation on July 1, 1998, if (1) such range is in compliance
with generally accepted operation practices adopted pursuant to section 2, and amendments
thereto, and (2) such land is used continuously for the operation of a sport shooting range
and not otherwise.
Any building located on land used for the operation of a sport shooting range may be
restored without conforming to regulations adopted under this act. If such building is dam-
aged by more than 50% of its fair market value, the restoration of such building shall be
completed within one year following the date of the damage or settlement of any property
damage claim. If such restoration is not completed within such time period, the use of such
building shall be subject to the provisions of this act.
New Sec. 4. Subject to the provisions of sections 1, 2 and 3, and amendments thereto,
a municipality may regulate the location, use, operation and construction of a sport shooting
range.
Sec. 5. K.S.A. 1997 Supp. 12-758 is hereby repealed.'';
By renumbering sections accordingly;
Also on page 3, in line 17, by striking ``Kansas register'' and inserting ``statute book'';
In the title, by striking all in lines 12, 13 and 14 and inserting:
``AN ACT concerning sport shooting ranges; relating to the operation thereof; amending
K.S.A. 1997 Supp. 12-758 and repealing the existing section.''; and the bill be passed as
amended.
ORIGINAL MOTION
On motion of Senator Emert, the Senate acceded to the request of the House for a
conference on HB 2531.
The President appointed Senators Emert, Praeger and Goodwin 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 2724.
The President appointed Senators Praeger, Hardenburger and Steineger as second con-
ferees 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 2806.
The President appointed Senators Emert, Schraad and Feleciano as second conferees on
the part of the Senate.
otion of Senator Emert the Senate adjourned until 10:00 a.m., Friday, April 10, 1998.
| HELEN A. MORELAND, Journal Clerk. |
PAT SAVILLE, Secretary of the Senate.