April 29, 1998


Journal of the Senate


SIXTY-SECOND DAY
______
Senate Chamber Topeka, Kansas 
Wednesday, April 29, 1998--10:00 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,

       As we embark on the final lap of this session, I think it is good to remind ourselves
      of the Founders conviction that You, O God, are essential to good government.

       On the state level, the Massachusetts constitution of 1780 asserted that ``the hap-
      piness of a people, and the good order and preservation of civil government, essen-
      tially depend upon piety, religion, and morality.''

       George Washington in his first annual address said, ``(We need) to discriminate
      the spirit of liberty from that of licentiousness--=ncherishing the first, avoiding the
      last.''

       Gouverneur Morris in the 1790's stated that ``(Without) the reformation of morals
      liberty is but an empty sound.''

       And Washington in his First Inaugural Address set an example for us to follow:
      ``. . . . . the propitious smiles of Heaven can never be expected on a nation that
      disregards the eternal rules of order and right, which Heaven itself has ordained.''

       Thank you, O God, for reminding us in Your Word, which the founders quoted
      more than any other source, ``Blessed is the nation whose God is the Lord'' (Psalm
      33:12), and ``Righteousness exalts a nation, but sin is a disgrace to any people.''
      (Proverbs 14:34).

       Do not let us depart from these convictions which molded the greatest nation in
      history.

       I pray in the Name of Christ,

       Amen

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
 The following resolution was referred to Committee as indicated:

 Federal and State Affairs: HCR 5053.
REPORT ON ENGROSSED BILLS
 SB 212 reported correctly engrossed April 4, 1998.

 SB 495 correctly re-engrossed April 13, 1998.

 H Sub. for Sub. SB 424 reported correctly engrossed April 14, 1998.

 Also, SB 482, 535, 536 correctly re-engrossed April 14, 1998.

REPORT ON ENROLLED BILLS
 SB 408, 469 reported correctly enrolled, properly signed and presented to the Governor
on April 13, 1998.

 SR 1855, 1856, 1857 reported correctly enrolled, properly signed and presented to the
Secretary of the Senate on April 14, 1998.

 H Sub. for SB 139, H Sub. for SB 212; SB 416, 418; H Sub. for SB 424, 482, 488,
493, 495, 535, 536, 556 reported correctly enrolled, properly signed and presented to the
Governor on April 17, 1998.

MESSAGE FROM THE GOVERNOR
 SB 100, 106, 672, 679 approved April 15, 1998.

 SB 408, 469 approved on April 17, 1998.

 House Sub. for Sub. for SB 424 approved on April 21, 1998.

 SB 139, 212, 416, 418, 482, 488, 535, 536, 556 approved on April 23, 1998.

 SB 493 approved on April 24, 1998.

OFFICE OF THE GOVERNOR
April 16, 1998
Message to the Senate of the State of Kansas:
 Enclosed herewith is Executive Directive No. 98-268 for your information.

                                                                                    Sincerely,

                                                                                    Bill Graves

                                                                                    Governor

 The President announced Executive Directive No. 98-268, Authorizing Certain Personnel
Transactions, is on file in the office of the Secretary of the Senate and is available for review
at any time.

Message to the Senate of the State of Kansas:
 Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby
return Senate Bill No. 495 with my signature approving the bill, except for the items enu-
merated below.

KPERS COLA
  Section 99(c) has been line-item vetoed in its entirety.

 This line-item would approve $28,342,761 from the State General Fund to pay cash for
a 3.0 percent cost-of-living increase for KPERS retirees who retired before July 1, 1993.
However, SB 11, which contains the enabling language needed to implement the retiree
COLA, is still in Conference Committee. As a consequence, the lack of any enabling re-
tirement legislation makes this State General Fund deposit into the KPERS Fund
premature.

 This veto should not be read by anyone as a diminishment of my commitment to a base
increase for the KPERS retirees. I strongly urge the Legislature to review again my proposal
for providing a 3.0 percent cost-of-living increase for all retirees to be funded by increasing
the employer contribution rates beginning in FY 2000. It must be noted that the KPERS
actuaries have determined that my proposal would not adversely affect the unfunded lia-
bility, which is projected to reach equilibrium in FY 2002. As a result, my recommendation
remains the most cost effective method for providing a COLA for retirees.

Administration--Public Broadcasting Equipment Grants (EDIF)
 That portion of Section 104(b) that reads as follows has been line-item vetoed:

``Public broadcasting equipment grants EDIF fund $200,000


Provided, That all expenditures from the public broadcasting equipment grants EDIF fund
shall be made to provide matching funds for federal capital equipment grants awarded to
eligible public broadcasting stations: Provided further, That expenditures from this fund
may be made to provide matching funds for capital equipment projects funded from any
nonstate source in the event federal capital equipment grants are not awarded: And provided
further, That in the event the federal facility programs cease to exist or fail to conduct grant
solicitations, expenditures may be made from this fund to provide matching funds for capital
equipment projects funded from any nonstate source without first applying for federal cap-
ital equipment grants.''

 Section 104(i) has been line-item vetoed in its entirety.

 My original recommendation for public broadcasting equipment acquisitions included
$100,000 from the State General Fund for FY 1999. The Legislature added $150,000 from
the State General Fund and $200,000 from the EDIF. Although I still believe my original
recommendation was adequate for equipment acquisition, the total State General Fund
appropriation of $250,000 is certainly more than generous for normal grants. If a targeted
use of $150,000 for the microwave interconnection for public television is recommended, I
would support that.

SRS--Correct Children's Health Care Duplication
 That portion of Section 120(a) that reads as follows has been line-item vetoed:

``Children's health insurance $12,000,000


Provided, That any unencumbered balance in the children's health insurance account in
excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.''

 This section would provide a State General Fund appropriation to match the federal funds
that have been available to the State of Kansas for the financing of a health care program
for children. I have signed House Substitute for SB 424, which is the authorization for that
program. Included in that bill is a $12.0 million State General Fund revenue transfer in FY
1999 to the Kansas Insurance Coverage for Children Fund to provide the match for the
available federal funds. Because the match for the health care program for children is already
authorized by House Substitute for SB 424, this section is duplicative and therefore vetoed.

 Regents--National Geographic (EDIF)
 That portion of Section 139(b) that reads as follows has been line-item vetoed:

``Kansas state geography education endowment program No limit


Provided, That all moneys received from the national geographic society foundation to create
a Kansas state geography education endowment program shall be deposited in the state
treasury and credited to the Kansas state geography education endowment fund.

EDIF--national geographic society
education foundation endowment fund 		$250,000


Provided, That all expenditures from the EDIF--national geographic society education
foundation endowment fund shall be matched on a $1 for $1 basis by expenditures from
the Kansas state geography education endowment program fund so that expenditures for
the Kansas state geography education endowment program are equally supported by funds
received from the national geographic society foundation and from the Kansas economic
development endowment account of the state economic development initiatives fund: Pro-
vided further, That the state board of regents shall implement and administer the Kansas
state geography education endowment program.''

 Section 139(e) has been line-item vetoed in its entirety.

 The vetoes above relate to the FY 1999 appropriation made by the Legislature to the
Board of Regents to create a state geography education endowment program. I disagree
with the transfer of $250,000 from the EDIF to establish this endowment fund and believe
there are higher priorities for education funding, especially for at-risk and early childhood
programs. Additionally, if additional funding is to be recommended, I believe it should be
targeted to existing programs, such as environmental education and agriculture in the class-
room, which were reduced by the Legislature.

All State Agencies
 Section 163 has been line-item vetoed in its entirety.

 Section 163 requires state agencies, by October 31, 1998, to file variance reports on their
budget to a number of legislative officers and committees. Specifically, the reports must
show variances between budgeted and actual expenditures for FY 1998 for federal, other
special revenue, and non-governmental funds. Similar reports would also have to be sub-
mitted by the beginning of the 1999 Legislative Session, showing variances in these same
funding sources for FY 1999 between the approved budget and the revised estimate of
expenditures year-to-date. I veto this section because it imposes another unnecessary ad-
ministrative burden on state agencies to provide information that is already attainable
through the normal budget process or available, upon request, from state agencies.

 Attorney General--Termination of Contract for Legal Services
 Section 162 has been line-item vetoed in its entirety.

 Section 162 was intended to compel the Attorney General to renegotiate the contingency
contract entered into with various law firms to secure the vigorous prosecution of the state's
claims for damages and injunctive relief in lawsuits against the major manufacturers of
cigarettes. The concern of the Legislature is the amount of possible attorneys fee that might
be awarded by the courts under the contract. The language of Section 162 calls for the
Attorney General to fire all of the private attorneys currently representing the state in its
current lawsuits against the cigarette manufacturers.

 The implementation of Section 162 could seriously damage the state's ability to proceed
with the lawsuits. Some 3,000 children a day start to smoke cigarettes. Hundreds of millions
of dollars may be recovered from these suits. These lawsuits may be the only effective way
to reduce underage smoking and recover the money spent in treating the disease caused by
smoking. The Attorney General and the leadership of the Appropriations and Ways and
Means Committees are currently seeking to reach an agreement on the terms of a rene-
gotiated contract. I strongly support those efforts and urge agreement on reasonable and
fair fees. Under these circumstances, I veto Section 162.

                                                                                    Bill Graves

                                                                                    Governor

 Dated: April 27, 1998

COMMUNICATIONS FROM STATE OFFICERS
OKLAHOMA SECRETARY OF STATE
April 14, 1998
 Tom Cole, Secretary of State, Oklahoma City, OK, submitted a copy of Senate Concurrent
Resolution No. 50, A Concurrent Resolution memorializing the United States Congress to
propose and submit to the several states an amendment to the United States Constitution
providing that no court shall have the power to levy or increase taxes; and directing
distribution.

DEPARTMENT OF ADMINISTRATION
Division of Accounts and Reports
April 20, 1998
 Shirley A. Moses, Director, Division of Accounts and Reports, submitted a copy of the
State of Kansas Monthly Financial Report for the month of March, 1998. The Monthly
Financial Perspective is also available on the Internet at the Financial Reporting Section of
the Division of Accounts and Reports.

 The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.

INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
 Senators Feleciano, Donovan, Downey, Gooch, Harrington, Lawrence and Ranson intro-
duced the following Senate resolution, which was read:

SENATE RESOLUTION No. 1858--

A RESOLUTION congratulating and commending Dr. Eugene M. Hughes.
    WHEREAS, Dr. Eugene M. Hughes will retire as President of Wichita State University
(WSU), the Regents only metropolitan university; and

    WHEREAS, In his five years as President, he has demonstrated dedication and uncom-
mon commitment to Wichita State, its students, its faculty, its alumni and its many com-
munity constituents. He has:

    Revitalized the image of the university by coining the term ``metropolitan advantage'' and
consequently taking advantage of the University's academic and extracurricular strengths;

    created through programming and events like the Shocker Pride Picnic and the Univer-
sity/Community Open House, a campus family and community that feels good about WSU;

    increased the number of new students at WSU for the fourth consecutive enrollment
period. Enrollment has increased in spring, summer and fall 1997, and spring 1998. The
1997 fall enrollment of 14,669 students is the highest at Wichita State since 1993;

    added new facilities, including Elliott Hall, and the Metropolitan Complex; and

    oversaw record years of giving to the university through the Endowment and Alumni
associations. The endowment has grown from $59 million in 1991 to nearly $94 million in
1997. The endowment value per student has increased from just over $5 thousand to almost
$10 thousand. Campaigns to raise funds and scholarships for the library, geology, chemistry,
entrepreneurship and women's studies are still active; and

    WHEREAS, Dr. Hughes earned his bachelor's degree from Chadron State College,
Chadron, Nebraska, his master's degree in mathematics from Kansas State University and
his doctorate from the George Peabody College of Vanderbilt University. Dr. Hughes served
as associate professor, professor and dean of administration at Chadron State College; dean
of the College of Arts and Science and provost, University Arts and Science; academic vice
president and president of Northern Arizona University; and

    WHEREAS, Dr. Hughes and his wife, Margaret Ann, have a combined family of six
children and eight grandchildren; and

    WHEREAS, Dr. Hughes is highly deserving of recognition for his many accomplish-
ments in education and for his five years of service to Wichita State University, the city of
Wichita, Sedgwick County and the state of Kansas: Now, therefore,

    Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Dr. Eugene M. Hughes upon his retiring as President of Wichita State University; and

    Be it further resolved: That the Secretary of the Senate be directed to provide 10 en-
rolled copies of this resolution to Senator Feleciano.

 On emergency motion of Senator Feleciano SR 1858 was adopted unanimously.

 Senator Feleciano introduced and welcomed guests of the Senate Dr. Eugene M. Hughes,
President, Wichita State University, Frederick Sudermann, Vice President Emeritus and
Eric Sexton, Director of Governmental Relations, Wichita State University.

 On motion of Senator Emert, the Senate recessed until 3:00 p.m.

______
Afternoon Session
 The Senate met pursuant to recess with President Bond in the chair.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
  The following bill was introduced and read by title:

 SB 694, An act concerning state facilities; relating to assignment of space and facilities
in the state capitol; relating to the operation of the Hiram Price Dillon house; amending
K.S.A. 75-3765a and K.S.A. 1997 Supp. 41-719, as amended by section 8 of 1998 House
Bill No. 2899 and repealing the existing sections, by Committee on Federal and State Affairs.

MESSAGE FROM THE HOUSE
 Announcing passage of HB 2758.

 Also, passage of Substitute SB 402.
 The House adopts the conference committee report on SB 298.
The House adopts the conference committee report on Substitute HB 2972.
 The House announces the appointment of Reps. Boston, Tanner and Gilbert to replace
Reps. Carmody, Phill Kline and Garner as conferees on SB 234.
 The House announces the appointment of Reps. Jennison, Wagle and Sawyer to replace
Reps. Phil Kline, Farmer and Helgerson as conferees on SB 400.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
 HB 2758 was thereupon introduced and read by title.

CHANGE OF CONFERENCE
 The President announced the appointment of Senator Bleeker as a member of the Con-
ference Committee on SB 234 to replace Senator Harrington.

ORIGINAL MOTION
 Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: SB 298;
HB 2233; Sub. HB 2609, Sub. HB 2630; HB 2744.


  




April 29, 1998

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 298, submits the following report:

    The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:

    On page 3, after line 41, by inserting the following new sections:

    ``Sec. 3. K.S.A. 1997 Supp. 72-89b02 is hereby amended to read as follows: 72-89b02.
As used in this act:

    (a) ``Board of education'' means the board of education of a unified school district or
the governing authority of an accredited nonpublic school.

    (b) ``School'' means a public school or an accredited nonpublic school.

    (c) ``Public school'' means a school operated by a unified school district organized under
the laws of this state.

    (d) ``Accredited nonpublic school'' means a nonpublic school participating in the quality
performance accreditation system.

    (e) ``School employee'' means any teacher or other professional or paraprofessional em-
ployee of a school who has exposure to a pupil specified in subsection (a)(1) through (5) of
K.S.A. 72-89b03 and amendments thereto.

    (f) ``Administrator'' means any individual who is employed by a school in a supervisory
or managerial capacity.

    Sec. 4. K.S.A. 1997 Supp. 72-89b03 is hereby amended to read as follows: 72-89b03.
(a) For the purpose of creating safer and more secure schools and to provide a safe and
orderly environment conducive to learning, each School employees with knowledge that a
pupil is a pupil specified in this subsection shall inform administrators and administrators
with knowledge that a pupil is a pupil specified in this subsection shall inform all other
school employees of the following:
    (1) The identity of any pupil who has been expelled as provided by subsection (c) of
K.S.A. 72-8901 and amendments thereto for conduct which endangers the safety of others;
    (2) the identity of any pupil who has been expelled as provided by subsection (d) of
K.S.A. 72-8901 and amendments thereto;
    (3) the identity of any pupil who has been expelled under a policy adopted pursuant to
K.S.A. 72-89a02 and amendments thereto;
    (4) the identity of any pupil who has been adjudged to be a juvenile offender and whose
offense, if committed by an adult, would constitute a felony under the laws of Kansas or the
state where the offense was committed, except that this subsection shall not apply to an
adjudication as a juvenile offender involving a felony theft offense involving no direct threat
to human life; and
    (5) the identity of any pupil who has been tried and convicted as an adult of any felony,
except that this subsection shall not apply to any felony conviction of theft involving no direct
threat to human life.
    (b) Each board of education shall adopt a policy that will provide for includes:

    (1) A requirement that an immediate report be made to the appropriate state or local
law enforcement agency by or on behalf of any school employee who knows or has reason
to believe that an act has been committed at school, on school property, or at a school
supervised activity and that the act involved conduct which constitutes the commission of a
felony or misdemeanor or which involves the possession, use or disposal of explosives, fire-
arms or other weapons,; and

    (2) the procedures for making such a report;.

    (2) compiling and reporting annually

    (c) Administrators and other school employees shall not be subject to the provisions of
subsection (b) of K.S.A. 1997 Supp. 72-89b04 and amendments thereto if:
    (1) They follow the procedures from a policy adopted pursuant to the provisions of
subsection (b); or
    (2) their board of education fails to adopt such policy.
    (d) Each board of education shall annually compile and report to the state board of
education at least the following information relating to school safety and security: The types
and frequency of criminal acts that are required to be reported under provision (1) pursuant
to the provisions of subsection (b), disaggregated by occurrences at school, on school prop-
erty and at school supervised activities. The report shall be incorporated into and become
part of the current report required under the quality performance accreditation system;.

    (3) making (e) Each board of education shall make available to pupils and their parents,
to school employees and, upon request, to others, district policies and reports concerning
school safety and security, including those required by this subsection, except that the pro-
visions of this subsection shall not apply to the disclosures required pursuant to subsection
(a).

    (b) (f) Nothing in this section shall be construed or operate in any manner so as to
prevent any school employee from reporting criminal acts to school officials and to appro-
priate state and local law enforcement agencies.

    (c) (g) The state board of education shall extract the information relating to school safety
and security from the quality performance accreditation report and transmit the information
to the governor, the legislature, the attorney general, the secretary of health and environ-
ment, and the secretary of social and rehabilitation services.

    (h) No board of education and no member of any such board shall be liable for damages
in a civil action for the actions or omissions of any administrator pursuant to the require-
ments and provisions of the Kansas school safety and security act and to this end such board
and members thereof shall have immunity from civil liability related thereto. No adminis-
trator or school employee shall be liable for damages in a civil action for the actions or
omissions of such administrator or school employee pursuant to the requirements and pro-
visions of the Kansas school safety and security act and to this end such administrator or
school employee shall have immunity from civil liability related thereto.

    New Sec. 5. If any provision of the Kansas school safety and security act as in effect
on the effective date of this act, or as amended by this act, or the application of any such
provision to any person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the invalid provision
or application and, to this end, the provisions of the Kansas school safety and security act
as amended by this act are severable.

    Sec. 6. K.S.A. 1997 Supp. 38-1502 is hereby amended to read as follows: 38-1502. As
used in this code, unless the context otherwise indicates:

    (a) ``Child in need of care'' means a person less than 18 years of age who:

    (1) Is without adequate parental care, control or subsistence and the condition is not
due solely to the lack of financial means of the child's parents or other custodian;

    (2) is without the care or control necessary for the child's physical, mental or emotional
health;

    (3) has been physically, mentally or emotionally abused or neglected or sexually abused;

    (4) has been placed for care or adoption in violation of law;

    (5) has been abandoned or does not have a known living parent;

    (6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments
thereto;

    (7) except in the case of a violation of K.S.A. 41-727, subsection (j) of K.S.A. 74-8810
or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided
in subsection (a)(12) of K.S.A. 21-4204a and amendments thereto, does an act which, when
committed by a person under 18 years of age, is prohibited by state law, city ordinance or
county resolution but which is not prohibited when done by an adult;

    (8) while less than 10 years of age, commits any act which if done by an adult would
constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and
amendments thereto;

    (9) is willfully and voluntarily absent from the child's home without the consent of the
child's parent or other custodian;

    (10) is willfully and voluntarily absent at least a second time from a court ordered or
designated placement, or a placement pursuant to court order, if the absence is without the
consent of the person with whom the child is placed or, if the child is placed in a facility,
without the consent of the person in charge of such facility or such person's designee;

    (11) has been residing in the same residence with a sibling or another person under 18
years of age, who has been physically, mentally or emotionally abused or neglected, or
sexually abused; or

    (12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a and
amendments thereto.

    (b) ``Physical, mental or emotional abuse or neglect'' means the infliction of physical,
mental or emotional injury or the causing of a deterioration of a child and may include, but
shall not be limited to, failing to maintain reasonable care and treatment, negligent treatment
or maltreatment or exploiting a child to the extent that the child's health or emotional well-
being is endangered. A parent legitimately practicing religious beliefs who does not provide
specified medical treatment for a child because of religious beliefs shall not for that reason
be considered a negligent parent; however, this exception shall not preclude a court from
entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.

    (c) ``Sexual abuse'' means any act committed with a child which is described in article
35, chapter 21 of the Kansas Statutes Annotated and those acts described in K.S.A. 21-3602
or 21-3603, and amendments thereto, regardless of the age of the child.

    (d) ``Parent,'' when used in relation to a child or children, includes a guardian, conser-
vator and every person who is by law liable to maintain, care for or support the child.

    (e) ``Interested party'' means the state, the petitioner, the child, any parent and any
person found to be an interested party pursuant to K.S.A. 38-1541 and amendments thereto.

    (f) ``Law enforcement officer'' means any person who by virtue of office or public em-
ployment is vested by law with a duty to maintain public order or to make arrests for crimes,
whether that duty extends to all crimes or is limited to specific crimes.

    (g) ``Youth residential facility'' means any home, foster home or structure which provides
24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of
the Kansas Statutes Annotated.

    (h) ``Shelter facility'' means any public or private facility or home other than a juvenile
detention facility that may be used in accordance with this code for the purpose of providing
either temporary placement for the care of children in need of care prior to the issuance of
a dispositional order or longer term care under a dispositional order.

    (i) ``Juvenile detention facility'' means any secure public or private facility used for the
lawful custody of accused or adjudicated juvenile offenders which must not be a jail.

    (j) ``Adult correction facility'' means any public or private facility, secure or nonsecure,
which is used for the lawful custody of accused or convicted adult criminal offenders.

    (k) ``Secure facility'' means a facility which is operated or structured so as to ensure that
all entrances and exits from the facility are under the exclusive control of the staff of the
facility, whether or not the person being detained has freedom of movement within the
perimeters of the facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility shall be in a city or
county jail.

    (l) ``Ward of the court'' means a child over whom the court has acquired jurisdiction by
the filing of a petition pursuant to this code and who continues subject to that jurisdiction
until the petition is dismissed or the child is discharged as provided in K.S.A. 38-1503 and
amendments thereto.

    (m) ``Custody,'' whether temporary, protective or legal, means the status created by
court order or statute which vests in a custodian, whether an individual or an agency, the
right to physical possession of the child and the right to determine placement of the child,
subject to restrictions placed by the court.

    (n) ``Placement'' means the designation by the individual or agency having custody of
where and with whom the child will live.

    (o) ``Secretary'' means the secretary of social and rehabilitation services.

    (p) ``Relative'' means a person related by blood, marriage or adoption but, when refer-
ring to a relative of a child's parent, does not include the child's other parent.

    (q) ``Court-appointed special advocate'' means a responsible adult other than an attorney
guardian ad litem who is appointed by the court to represent the best interests of a child,
as provided in K.S.A. 38-1505a and amendments thereto, in a proceeding pursuant to this
code.

    (r) ``Multidisciplinary team'' means a group of persons, appointed by the court or by
the state department of social and rehabilitation services under K.S.A. 38-1523a and amend-
ments thereto, which has knowledge of the circumstances of a child in need of care.

    (s) ``Jail'' means:

    (1) An adult jail or lockup; or

    (2) a facility in the same building or on the same grounds as an adult jail or lockup,
unless the facility meets all applicable standards and licensure requirements under law and
there is (A) total separation of the juvenile and adult facility spatial areas such that there
could be no haphazard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program activities within
the facilities, including recreation, education, counseling, health care, dining, sleeping, and
general living activities; and (C) separate juvenile and adult staff, including management,
security staff and direct care staff such as recreational, educational and counseling.

    (t) ``Kinship care'' means the placement of a child in the home of the child's relative or
in the home of another adult with whom the child or the child's parent already has a close
emotional attachment.

    (u) ``Juvenile intake and assessment worker'' means a responsible adult authorized to
perform intake and assessment services as a part of the intake and assessment system estab-
lished pursuant to K.S.A. 75-7023 and amendments thereto.
    (v) ``Educational institution'' means all schools at the elementary and secondary levels.
    (w) ``Educator'' means any administrator, teacher or other professional or paraprofes-
sional employee of an educational institution who has exposure to a pupil specified in sub-
section (a)(1) through (5) of K.S.A. 72-89b03 and amendments thereto.

    Sec. 7. K.S.A. 1997 Supp. 38-1507 is hereby amended to read as follows: 38-1507. (a)
Except as otherwise provided, in order to protect the privacy of children who are the subject
of a child in need of care record or report, all records and reports concerning children in
need of care, including the juvenile intake and assessment report, received by the depart-
ment of social and rehabilitation services, a law enforcement agency or any juvenile intake
and assessment worker shall be kept confidential except: (1) To those persons or entities
with a need for information that is directly related to achieving the purposes of this code,
or (2) upon an order of a court of competent jurisdiction pursuant to a determination by
the court that disclosure of the reports and records is in the best interests of the child or
are necessary for the proceedings before the court, or both, and are otherwise admissible
in evidence. Such access shall be limited to in camera inspection unless the court otherwise
issues an order specifying the terms of disclosure.

    (b) The provisions of subsection (a) shall not prevent disclosure of information to an
educational institution or to individual educators about a pupil specified in subsection (a)
(1) through (5) of K.S.A. 72-89b03 and amendments thereto.
    (c) When a report is received by the department of social and rehabilitation services, a
law enforcement agency or any juvenile intake and assessment worker which indicates a
child may be in need of care, the following persons and entities shall have a free exchange
of information between and among them:

    (1) The department of social and rehabilitation services;

    (2) the commissioner of juvenile justice;

    (3) the law enforcement agency receiving such report;

    (4) members of a court appointed multidisciplinary team;

    (5) an entity mandated by federal law or an agency of any state authorized to receive
and investigate reports of a child known or suspected to be in need of care;

    (6) a military enclave or Indian tribal organization authorized to receive and investigate
reports of a child known or suspected to be in need of care;

    (7) a county or district attorney;

    (8) a court services officer who has taken a child into custody pursuant to K.S.A. 38-
1527, and amendments thereto;

    (9) a guardian ad litem appointed for a child alleged to be in need of care;

    (10) an intake and assessment worker; and

    (11) any community corrections program which has the child under court ordered su-
pervision.

    (c) (d) The following persons or entities shall have access to information, records or
reports received by the department of social and rehabilitation services, a law enforcement
agency or any juvenile intake and assessment worker. Access shall be limited to information
reasonably necessary to carry out their lawful responsibilities to maintain their personal
safety and the personal safety of individuals in their care or to diagnose, treat, care for or
protect a child alleged to be in need of care.

    (1) A child named in the report or records.

    (2) A parent or other person responsible for the welfare of a child, or such person's
legal representative.

    (3) A court-appointed special advocate for a child, a citizen review board or other ad-
vocate which reports to the court.

    (4) A person licensed to practice the healing arts or mental health profession in order
to diagnose, care for, treat or supervise: (A) A child whom such service provider reasonably
suspects may be in need of care; (B) a member of the child's family; or (C) a person who
allegedly abused or neglected the child.

    (5) A person or entity licensed or registered by the secretary of health and environment
or approved by the secretary of social and rehabilitation services to care for, treat or super-
vise a child in need of care. In order to assist a child placed for care by the secretary of
social and rehabilitation services in a foster home or child care facility, the secretary shall
provide relevant information to the foster parents or child care facility prior to placement
and as such information becomes available to the secretary.

    (6) A coroner or medical examiner when such person is determining the cause of death
of a child.

    (7) The state child death review board established under K.S.A. 22a-243, and amend-
ments thereto.

    (8) A prospective adoptive parent prior to placing a child in their care.

    (9) The department of health and environment or person authorized by the department
of health and environment pursuant to K.S.A. 59-512, and amendments thereto, for the
purpose of carrying out responsibilities relating to licensure or registration of child care
providers as required by chapter 65 of article 5 of the Kansas Statutes Annotated, and
amendments thereto.

    (10) The state protection and advocacy agency as provided by subsection (a)(10) of
K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515, and amendments thereto.

    (11) Any educational institution to the extent allowed pursuant to law or pursuant to
court order necessary to enable the educational institution to provide the safest possible
environment for its pupils and employees.
    (12) Any educator to the extent necessary to enable the educator to protect the personal
safety of the educator and the educator's pupils.

    (d) (e) Information from a record or report of a child in need of care shall be available
to members of the standing house or senate committee on judiciary, house committee on
appropriations, senate committee on ways and means, legislative post audit committee and
joint committee on children and families, carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319 and amendments thereto, in a closed or ex-
ecutive meeting. Except in limited conditions established by 2/3 of the members of such
committee, records and reports received by the committee shall not be further disclosed.
Unauthorized disclosure may subject such member to discipline or censure from the house
of representatives or senate.

    (e) (f) Nothing in this section shall be interpreted to prohibit the secretary of social and
rehabilitation services from summarizing the outcome of department actions regarding a
child alleged to be a child in need of care to a person having made such report.

    (f) (g) Disclosure of information from reports or records of a child in need of care to
the public shall be limited to confirmation of factual details with respect to how the case
was handled that do not violate the privacy of the child, if living, or the child's siblings,
parents or guardians. Further, confidential information may be released to the public only
with the express written permission of the individuals involved or their representatives or
upon order of the court having jurisdiction upon a finding by the court that public disclosure
of information in the records or reports is necessary for the resolution of an issue before
the court.

    (g) (h) Nothing in this section shall be interpreted to prohibit a court of competent
jurisdiction from making an order disclosing the findings or information pursuant to a report
of alleged or suspected child abuse or neglect which has resulted in a child fatality or near
fatality if the court determines such disclosure is necessary to a legitimate state purpose. In
making such order, the court shall give due consideration to the privacy of the child, if,
living, or the child's siblings, parents or guardians.

    (h) (i) Information authorized to be disclosed in subsections (c) (d) through (f) (g) shall
not contain information which identifies a reporter of a child in need of care.

    (i) (j) Records or reports authorized to be disclosed in this section shall not be further
disclosed, except that the provisions of this subsection shall not prevent disclosure of infor-
mation to an educational institution or to individual educators about a pupil specified in
subsection (a)(1) through (5) of K.S.A. 72-89b03 and amendments thereto.

    (j) (k) Anyone who participates in providing or receiving information without malice
under the provisions of this section shall have immunity from any civil liability that might
otherwise be incurred or imposed. Any such participant shall have the same immunity with
respect to participation in any judicial proceedings resulting from providing or receiving
information.

    (k) (l) No individual, association, partnership, corporation or other entity shall willfully
or knowingly disclose, permit or encourage disclosure of the contents of records or reports
concerning a child in need of care received by the department of social and rehabilitation
services, a law enforcement agency or a juvenile intake and assessment worker except as
provided by this code. Violation of this subsection is a class B misdemeanor.

    Sec. 8. K.S.A. 1997 Supp. 38-1602 is hereby amended to read as follows: 38-1602. As
used in this code, unless the context otherwise requires:

    (a) ``Juvenile'' means a person 10 or more years of age but less than 18 years of age.

    (b) ``Juvenile offender'' means a person who does an act while a juvenile which if done
by an adult would constitute the commission of a felony or misdemeanor as defined by
K.S.A. 21-3105 and amendments thereto or who violates the provisions of K.S.A. 21-4204a
or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but does
not include:

    (1) A person 14 or more years of age who commits a traffic offense, as defined in
subsection (d) of K.S.A. 8-2117 and amendments thereto;

    (2) a person 16 years of age or over who commits an offense defined in chapter 32 of
the Kansas Statutes Annotated;

    (3) a person whose prosecution as an adult is authorized pursuant to K.S.A. 38-1636
and amendments thereto and whose prosecution results in the conviction of an adult crime;
or

    (4) a person who has been found to be an extended jurisdiction juvenile pursuant to
subsection (a)(2) of K.S.A. 38-1636, and amendment thereto, and whose stay of adult sen-
tence execution has been revoked.

    (c) ``Parent,'' when used in relation to a juvenile or a juvenile offender, includes a guard-
ian, conservator and every person who is by law liable to maintain, care for or support the
juvenile.

    (d) ``Law enforcement officer'' means any person who by virtue of that person's office
or public employment is vested by law with a duty to maintain public order or to make
arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.

    (e) ``Youth residential facility'' means any home, foster home or structure which provides
twenty-four-hour-a-day care for juveniles and which is licensed pursuant to article 5 of
chapter 65 of the Kansas Statutes Annotated.

    (f) ``Juvenile detention facility'' means any secure public or private facility which is used
for the lawful custody of accused or adjudicated juvenile offenders and which must not be
a jail.

    (g) ``Juvenile correctional facility'' means a facility operated by the commissioner for
juvenile offenders.

    (h) ``Warrant'' means a written order by a judge of the court directed to any law en-
forcement officer commanding the officer to take into custody the juvenile named or de-
scribed therein.

    (i) ``Commissioner'' means the commissioner of juvenile justice.

    (j) ``Jail'' means:

    (1) An adult jail or lockup; or

    (2) a facility in the same building as an adult jail or lockup, unless the facility meets all
applicable licensure requirements under law and there is (A) total separation of the juvenile
and adult facility spatial areas such that there could be no haphazard or accidental contact
between juvenile and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including recreation, education,
counseling, health care, dining, sleeping, and general living activities; and (C) separate ju-
venile and adult staff, including management, security staff and direct care staff such as
recreational, educational and counseling.

    (k) ``Court-appointed special advocate'' means a responsible adult, other than an attor-
ney appointed pursuant to K.S.A. 38-1606 and amendments thereto, who is appointed by
the court to represent the best interests of a child, as provided in K.S.A. 1997 Supp. 38-
1606a, and amendments thereto, in a proceeding pursuant to this code.

    (l) ``Juvenile intake and assessment worker'' means a responsible adult authorized to
perform intake and assessment services as part of the intake and assessment system estab-
lished pursuant to K.S.A. 1997 Supp. 76-3202, and amendments thereto.

    (m) ``Institution'' means the following institutions: The Atchison juvenile correctional
facility, the Beloit juvenile correctional facility, the Larned juvenile correctional facility and
the Topeka juvenile correctional facility.

    (n) ``Sanction house'' means a facility which is operated or structured so as to ensure
that all entrances and exits from the facility are under the exclusive control of the staff of
the facility, whether or not the person being detained has freedom of movement within the
perimeters of the facility, or which relies on locked rooms and buildings, fences, or physical
restraint in order to control behavior of its residents. Upon an order from the court, a
licensed juvenile detention facility may serve as a sanction house. A sanction house may be
physically connected to a nonsecure shelter facility provided the sanction house is not a
licensed juvenile detention facility.

    (o) ``Sentencing risk assessment tool'' means an instrument administered to juvenile
offenders which delivers a score, or group of scores, describing, but not limited to describing,
the juvenile's potential risk to the community.

    (p) ``Educational institution'' means all schools at the elementary and secondary levels.
    (q) ``Educator'' means any administrator, teacher or other professional or paraprofes-
sional employee of an educational institution who has exposure to a pupil specified in sub-
section (a)(1) through (5) of K.S.A. 72-89b03 and amendments thereto.

    Sec. 9. K.S.A. 1997 Supp. 38-1608 is hereby amended to read as follows: 38-1608. (a)
All records of law enforcement officers and agencies and municipal courts concerning a
public offense committed or alleged to have been committed by a juvenile under 14 years
of age shall be kept readily distinguishable from criminal and other records and shall not
be disclosed to anyone except:

    (1) The judge and members of the court staff designated by the judge of a court having
the juvenile before it in any proceedings;

    (2) parties to the proceedings and their attorneys;

    (3) the department of social and rehabilitation services;

    (4) any individual, or any officer of a public or private agency or institution, having
custody of the juvenile under court order or providing educational, medical or mental health
services to the juvenile or a court-approved advocate for the juvenile;

    (5) any educational institution to the extent necessary to enable the educational insti-
tution to provide the safest possible environment for its pupils and employees;
    (6) any educator to the extent necessary to enable the educator to protect the personal
safety of the educator and the educator's pupils;
    (7) law enforcement officers or county or district attorneys or their staff when necessary
for the discharge of their official duties;

    (6) (8) the central repository, as defined by K.S.A. 22-4701 and amendments thereto,
for use only as a part of the juvenile offender information system established under K.S.A.
38-1618 and amendments thereto;

    (7) (9) juvenile intake and assessment workers;

    (8) (10) juvenile justice authority;

    (9) (11) any other person when authorized by a court order, subject to any conditions
imposed by the order; and

    (10) (12) as provided in subsection (c).

    (b) The provisions of this section shall not apply to records concerning:

    (1) A violation, by a person 14 or more years of age, of any provision of chapter 8 of
the Kansas Statutes Annotated or of any city ordinance or county resolution which relates
to the regulation of traffic on the roads, highways or streets or the operation of self-propelled
or nonself-propelled vehicles of any kind;

    (2) a violation, by a person 16 or more years of age, of any provision of chapter 32 of
the Kansas Statutes Annotated; or

    (3) an offense for which the juvenile is prosecuted as an adult.

    (c) All records of law enforcement officers and agencies and municipal courts concern-
ing a public offense committed or alleged to have been committed by a juvenile 14 or more
years of age shall be subject to the same disclosure restrictions as the records of adults.
Information identifying victims and alleged victims of sex offenses, as defined in K.S.A.
chapter 21, article 35, shall not be disclosed or open to public inspection under any circum-
stances. Nothing in this section shall prohibit the victim or any alleged victim of any sex
offense from voluntarily disclosing such victim's identity.

    (d) Relevant information, reports and records shall be made available to the department
of corrections upon request and a showing that the former juvenile has been convicted of
a crime and placed in the custody of the secretary of the department of corrections.

    (e) All records, reports and information obtained as a part of the juvenile intake and
assessment process for juvenile offenders shall be confidential and shall not be disclosed
except as provided in this section or by rules and regulations established by the commissioner
of juvenile justice.

    (1) Any court of record may order the disclosure of such records, reports and other
information to any person or entity.

    (2) The head of any juvenile intake and assessment program, certified pursuant to the
commissioner of juvenile justice, may authorize disclosure of such records, reports and other
information to:

    (A) A person licensed to practice the healing arts who has before that person a child
whom the person reasonably suspects may be abused or neglected;

    (B) a court-appointed special advocate for a child, which advocate reports to the court,
or an agency having the legal responsibility or authorization to care for, treat or supervise
a child;

    (C) a parent or other person responsible for the welfare of a child, or such person's
legal representative, with protection for the identity of persons reporting and other appro-
priate persons;

    (D) the child or the guardian ad litem for such child;

    (E) the police or other law enforcement agency;

    (F) an agency charged with the responsibility of preventing or treating physical, mental
or emotional abuse or neglect or sexual abuse of children, if the agency requesting the
information has standards of confidentiality as strict or stricter than the requirements of the
Kansas code for care of children or the Kansas juvenile justice code, whichever is applicable;

    (G) a person who is a member of a multidisciplinary team;

    (H) an agency authorized by a properly constituted authority to diagnose, care for, treat
or supervise a child who is the subject of a report or record of child abuse or neglect;

    (I) any individual, or public or private agency authorized by a properly constituted au-
thority to diagnose, care for, treat or supervise a child who is the subject of a report or
record of child abuse or neglect and specifically includes the following: Physicians, psychi-
atrists, nurses, nurse practitioners, psychologists, licensed social workers, child development
specialists, physicians' assistants, community mental health workers, alcohol and drug abuse
counselors and licensed or registered child care providers;

    (J) a citizen review board;

    (K) an educational institution if related to a juvenile offender that is required to attend
attends such educational institution as part of an immediate intervention program, probation
or post-release supervision.; and
    (L) educators who have exposure to the juvenile offender or who are responsible for
pupils who have exposure to the juvenile offender.

    (3) To any juvenile intake and assessment worker of another certified juvenile intake
and assessment program.

    Sec. 10. K.S.A. 1997 Supp. 38-1618 is hereby amended to read as follows: 38-1618. (a)
In order to properly advise the three branches of government on the operation of the
juvenile justice system, there is hereby established within and as a part of the central re-
pository, as defined by K.S.A. 22-4701 and amendments thereto, a juvenile offender infor-
mation system. The system shall serve as a repository of juvenile offender information which
is collected by juvenile justice agencies and reported to the system. Unless extended by an
official action of the Kansas criminal justice coordinating council, the juvenile offender
information system shall be operational and functional on or before July 1, 1997.

    (b) Except as otherwise provided by this subsection, every juvenile justice agency shall
report juvenile offender information, whether collected manually or by means of an auto-
mated system, to the central repository, in accordance with rules and regulations adopted
pursuant to this section. A juvenile justice agency shall report to the central repository those
reportable events involving a violation of a county resolution or city ordinance only when
required by rules and regulations adopted by the director.

    (c) Reporting methods may include:

    (1) Submission of juvenile offender information by a juvenile justice agency directly to
the central repository;

    (2) if the information can readily be collected and reported through the court system,
submission to the central repository by the office of judicial administrator; or

    (3) if the information can readily be collected and reported through juvenile justice
agencies that are part of a geographically based information system, submission to the central
repository by the agencies.

    (d) The director may determine, by rule and regulation, the reportable events to be
reported by each juvenile justice agency, in order to avoid duplication in reporting.

    (e) Juvenile offender information maintained in the juvenile offender information sys-
tem is confidential and shall not be disseminated or publicly disclosed in a manner which
enables identification of any individual who is a subject of the information, except that the
information shall be open to inspection by law enforcement agencies of this state, by the
department of social and rehabilitation services if related to an individual in the secretary's
custody or control, by the juvenile justice authority if related to an individual in the com-
missioner's custody or control, by the department of corrections if related to an individual
in the commissioner's custody or control, by the educational institution to the extent allowed
pursuant to law or pursuant to a court order, if related to an individual that is required to
attend such educational institution as part of an immediate intervention program, probation
or post-release supervision educational institutions to the extent necessary to enable such
institutions to provide the safest possible environment for pupils, teachers and other em-
ployees, by any educator to the extent necessary to enable the educator to protect the personal
safety of the educator and the educator's pupils, by the officers of any public institution to
which the individual is committed, by county and district attorneys, by attorneys for the
parties to a proceeding under this code, the intake and assessment worker or upon order of
a judge of the district court or an appellate court.

    (f) Any journal entry of a trial of a juvenile adjudged to be a juvenile offender shall state
the number of the statute under which the juvenile is adjudicated to be a juvenile offender
and specify whether each offense, if done by an adult, would constitute a felony or misde-
meanor, as defined by K.S.A. 21-3105 and amendments thereto.

    (g) Any law enforcement agency that willfully fails to make any report required by this
section shall be liable to the state for the payment of a civil penalty, recoverable in an action
brought by the attorney general, in an amount not exceeding $500 for each report not made.
Any civil penalty recovered under this subsection shall be paid into the state general fund.

    (h) The director shall adopt any rules and regulations necessary to implement, admin-
ister and enforce the provisions of this section.

    (i) K.S.A. 38-1617 and amendments thereto and this section shall be part of and sup-
plemental to the Kansas juvenile justice code.

    (j) The director shall develop incentives to encourage the timely entry of juvenile of-
fender information into the central repository.

    Sec. 11. K.S.A. 72-4919 is hereby amended to read as follows: 72-4919. As used in this
act, unless the context otherwise requires:

    (a) ``Proprietary school'' or ``school'' means any business enterprise, whether operated
for on a profit, or on a nonprofit not-for-profit basis, which:
    (1) Maintains a place of business within the state of Kansas, or solicits business within
the state of Kansas, and which;
    (2) is not specifically exempted by the provisions of this act; and

    (1) which (3) offers or maintains a course or courses of instruction or study; or
    (2) at which place of business such a course or courses of instruction or study is available
through classroom instruction contact or by correspondence, or both, to a person or persons
for the purpose of training or preparing such person persons for a field of endeavor in a
business, trade, technical, or industrial occupation, or for avocational or personal improve-
ment, except as hereinafter excluded.

    (b) ``Owner'' of a school means:

    (1) In the case of a school owned by an individual, that individual;

    (2) in the case of a school owned by a partnership, all full, silent, and limited partners;
and

    (3) in the case of a school owned by a corporation, the corporation, its directors, officers
and each shareholder owning shares of issued and outstanding stock aggregating at least ten
percent (10%) 10% of the total of the issued and outstanding shares.

    (c) ``Branch school'' means any subsidiary place of business maintained within the state
of Kansas by a school at a site which is separate from the site of the principal place of
business maintained by the school and at which subsidiary place of business the school offers
a course or courses of instruction or study identical to the course or courses of instruction
or study offered by the school at its principal place of business.

    (c) (d) ``School employee'' means any person, other than an owner, who directly or
indirectly receives compensation from a proprietary school for services rendered.

    (d) (e) ``Representative'' means a any person employed by a proprietary school whether
the school is located within or without the state of Kansas, to act as an agent, solicitor, or
broker or independent contractor to directly procure students or enrollees for the school
by solicitation within or without this state at any place other than the office or a place of
business of the school.

    (e) (f) ``State board'' means the state board of education, or such person or persons as
may be designated by it the state board to administer the provisions of this act.

    (f) ``Notice to the school'' means written correspondence sent to the address of record
for legal service contained in the application for a certificate of approval. ``Date of notice''
means the date the notice is mailed by the state board.

    (g) ``Support'' or ``supported'' means the primary source and means by which a school
derives revenue to perpetuate its operation of the school.

    (h) ``Person'' means any individual, firm, partnership, association, or corporation, or
other private entity.

    Sec. 12. K.S.A. 72-4920 is hereby amended to read as follows: 72-4920. The following
schools or educational institutions shall be specifically are exempt from the provisions of
this act and shall not be considered to be within the definition of ``proprietary school'':

    (a) A school or educational institution supported primarily by taxation from either a
local or state source.

    (b) Nonprofit schools owned, controlled, operated and conducted by bona fide religious,
denominational, eleemosynary or similar public institutions exempt from property taxation
under the laws of this state, but. Such schools may choose to apply for a certificate of
approval hereunder, and, upon approval of the application and issuance of a certificate, shall
be subject to the provisions of this act as determined by the state board.

    (c) A school or training program which offers instruction of purely only for avocational
or recreational subjects purposes as determined by the state board.

    (d) A course or courses of instruction or study sponsored by an employer for the training
and preparation of its own employees, and for which no tuition or other fee is charged to
the student.

    (e) A course or courses of study or instruction sponsored by a recognized trade, business,
or professional organization having a closed membership for the instruction of the members
of the organization with a closed membership, and for which no tuition or other fee is
charged to the student.

    (f) Private colleges and universities which award a baccalaureate, or higher degree, and
which maintain and operate educational programs for which credits are given. A majority
of said credits must be transferable to a college, junior college, or university, and are ac-
credited by a national nationally recognized accrediting agency listed by the United States
office of education under the provisions of chapter 33, title 38, U.S. code and such subse-
quent federal legislation as is approved by the state board.

    (g) A school which is otherwise regulated and approved under any other law of this
state.

    (h) A course or courses of special study or instruction having a closed enrollment and
financed and/or or subsidized on a contract basis by the local or state government, private
industry, or any person, firm, association or agency, other than the student involved, on a
contract basis and having a closed enrollment, except that. A school financed and/or or
subsidized by federal or special funds may apply to the state board for exemption from the
provisions of this act and may be declared exempt by the state board when it finds the
operation of such school to be outside the purview of this act.

    Sec. 13. K.S.A. 72-4921 is hereby amended to read as follows: 72-4921. (a) The state
board shall exercise jurisdiction and control of the system of schools and enforce minimum
standards for approval of schools under rules and regulations and policies hereinafter set
forth and as may from time to time be adopted pursuant to the provisions of this act. The
state board may adopt rules and regulations to carry out the intent and for administration
of the provisions of this act. Prior to the adoption of any such rules and regulations, the state
board shall afford the commission an opportunity to make recommendations thereon.
    (b) The state board shall maintain a list of proprietary schools which have been issued
a certificate of approval.

    Sec. 14. K.S.A. 72-4922 is hereby amended to read as follows: 72-4922. (a) The advisory
commission on proprietary schools, referred to as the ``commission,'' is hereby created con-
sisting. The commission shall consist of nine (9) members appointed by the state board, each
member to. Members shall serve from the date of his or her appointment until December
31, 1972, and for terms of four (4) calendar years each thereafter: Provided, however, That
the appointments effective as of January 1, 1973, shall be for three (3) members for terms
of four (4) years, three (3) members for terms of three (3) years and three (3) members for
terms of two (2) years. If a commission member resigns, or is otherwise unable to serve, a
new member shall be appointed by the state board to fill the unexpired term. Five members
of the commission shall be owners or managers of proprietary schools as defined in this act,
and at least three two of the five members shall represent schools which, at the time of
appointment of such members, have received accreditation from any agency recognized by
the United States office of education enrollments of under 125 students. Four members
shall be selected from among the following categories: Secondary school principals, guidance
counselors schools, postsecondary schools, agriculture, business or management, organized
labor, and health occupations, except that one member shall be a person who does not fall
within the categories specified in this subsection.

    (b) The commission shall elect one member as chairman chairperson of the commission
and such other officers as may be necessary.

    (c) The commission shall meet at least annually in Topeka at 10:00 o'clock a.m. on the
second Tuesday during the month of October, and shall conduct special meetings on the
call of the chairman, chairperson or the state board or at the request of at least four members
of the commission.

    (d) Members of the advisory commission on proprietary schools attending meetings of
such commission, or attending a subcommittee meeting thereof authorized by such com-
mission, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amend-
ments thereto.

    (e) A majority of the commission is a quorum for the to conduct of business, but no less
than four members must concur to pass upon any matter before the commission.

    (f) The commission shall recommend policies, regulations, minimum standards and gen-
eral rules that the commission deems necessary for carrying out administering the provisions
of this act.

    Sec. 15. K.S.A. 72-4924 is hereby amended to read as follows: 72-4924. (a) By comply-
ing with the provisions of the appropriate following sections of this act, a No proprietary
school may obtain operate within this state without obtaining a certificate of approval from
the state board which shall permit the school to operate within this state as provided in this
act.

    (b) Schools domiciled, or having their principal place of business, outside of the state
of Kansas, that canvass, solicit or contract with any person within the state of Kansas shall
obtain a certificate of approval from the state board for each such branch school.
    (c) Any contract entered into with any person for a course or courses of instruction after
the effective date of this act by or on behalf of any owner, school employee or representative
of a school which is subject to the provisions of this act to, but which has not obtained a
certificate of approval has not been issued, shall be unenforceable in any action brought
thereon.

    Sec. 16. K.S.A. 72-4925 is hereby amended to read as follows: 72-4925. (a) Each pro-
prietary schools school shall make written application apply to the state board for certificates
a certificate of approval. A proprietary school shall not be required to obtain a certificate of
approval for maintenance of any branch school.

    (b) Such applications An application for a certificate of approval shall be made on forms
a form prepared and furnished by the state board and shall contain such information as
provided by rules and regulations of may be required by the state board.

    (c) The state board may issue a certificate of approval upon determination that a pro-
prietary school meets the standards fixed established by the state board. The state board
may issue a certificate of approval to any proprietary school accredited by a regional or
national accrediting agency recognized by the United States office of education without
further evidence.

    Sec. 17. K.S.A. 72-4926 is hereby amended to read as follows: 72-4926. The state board
shall issue a certificate of approval to a school when it the state board is satisfied that a the
school meets minimum standards established in accordance with this act.
    Minimum standards shall be established by the state board by adoption of rules and
regulations to insure that:

    (a) Courses, curriculum, and instruction in proprietary schools are of such quality, con-
tent, and length as may reasonably and adequately achieve insure achievement of the stated
objective for which the courses, curriculum or instruction are offered.

    (b) Proprietary schools have adequate space, equipment, instructional material, and
personnel to provide education and training of good quality.

    (c) Educational and experience qualifications of directors, administrators, and instruc-
tors are such as may reasonably insure that students will receive training consistent with the
objectives of their program of study.

    (d) Proprietary schools maintain written records of the previous education and training
of students and applicant students, and that training periods are shortened when warranted
thereby by such previous education and training or by skill or achievement tests.

    (e) A copy of the course outline, schedule of tuition, fees, and other charges, settlement
policy, rules pertaining to absence, grading policy, and rules of operation and conduct are
furnished to students upon entry into class.

    (f) Upon completion of training, students are given certificates or diplomas by the school
indicating satisfactory completion of training in courses.

    (g) Adequate records are kept to show attendance, satisfactory academic progress or
grades, and enforcement of satisfactory standards are enforced relating to attendance, pro-
gress, and conduct.

    (h) Schools comply with all local, city, county, municipal, state and federal regulations,
such as fire codes, building and sanitation codes.

    (i) Schools are financially responsible and capable of fulfilling its commitments for train-
ing.

    (j) Schools do not utilize erroneous or misleading advertising, either by actual statement,
omission, or intimation, and are not in violation of minimum standards relating to advertis-
ing.

    (k) School administrators, directors, owners and instructors are of good reputation and
character.
    (l) (k) Schools have and maintain a policy, which shall be subject to state board approval,
for the refund of the unused portions of tuition, fees, and other charges in the event a
student enrolled by the school fails to begin a course or withdraws or is discontinued there-
from at any time prior to completion, which policies shall take into account those costs of
the school that are not diminished by the failure of the student to enter or complete a course
of instruction. Policies under this subpart shall be consonant with standards approved by
the United States office of education, and such standards shall be presumed to be reason-
able.

    Sec. 18. K.S.A. 72-4927 is hereby amended to read as follows: 72-4927. (a) The state
board, upon review of an application for a certificate of approval duly submitted in accord-
ance with the provisions of K.S.A. 72-4925, and amendments thereto, and meeting the
requirements of K.S.A. 72-4926, and amendments thereto, shall issue a certificate of approval
to the applicant proprietary school. Certificates of approval shall be in a form specified by
the state board with advice from the commission. Certificates of approval shall state clearly
and conspicuously at least the following information:

    (1) The date of issuance, effective date and term of approval;

    (2) the correct name and address of the school; and

    (3) the authority for approval and conditions of approval, if any, referring specifically to
the approved catalog or bulletin published by the school;
    (4) the signature of the commissioner of education or a person designated by the state
board to administer the provisions of this act; and.

    (5) any other fair and reasonable representations as are consistent with this act and
deemed necessary by the state board.

    (b) Certificates of approval shall be valid for a term of one year.

    (c) Each certificate of approval shall be issued to the owner of an applicant proprietary
school and shall be nontransferable. In the event of a change in ownership of a proprietary
school, the new owner must apply, within 60 30 days prior to the change in ownership,
apply for a new certificate of approval. The state board may waive the 60 30 day requirement
upon its determination that an emergency exists and that the waiver and change in ownership
would be in the best interests of students currently enrolled in the proprietary school.
Whenever a change of ownership occurs as a result of death, court order or operation of
law, the new owner shall forthwith apply immediately for a new certificate of approval.

    (d) At least 30 60 days prior to expiration of a certificate of approval, the state board
shall forward to the proprietary school a renewal application form which shall set forth any
requirements by the state board for revised or additional information to enable the state
board to renew the certificate of approval.

    (e) Any school which is not yet in operation when its application for a certificate of
approval is filed shall not begin operation accept payments for tuition, fees or other enroll-
ment charges until receipt of a the certificate of approval.

    (f) Any school which does not plan to renew a certificate of approval must notify the
state board at least 60 days prior to the expiration date of the certificate of approval.

    Sec. 19. K.S.A. 72-4928 is hereby amended to read as follows: 72-4928. (a) If the state
board, upon review and consideration of an application for a certificate of approval, shall
determine determines the applicant to be unacceptable, the state board shall refuse to issue
the certificate and set forth the reasons therefor for the determination.

    (b) If an applicant, upon written notification of refusal by the state board to issue a
certificate of approval, the applicant desires to contest such refusal, the applicant shall notify
the state board in writing, within 15 days after the date of service of such notice of refusal,
of the desire to be heard, and such applicant shall be afforded a hearing in accordance with
the provisions of the Kansas administrative procedure act. Upon conclusion of any such
hearing hereunder, the state board shall issue a certificate of approval or a final refusal to
do so.

    (c) If an applicant, upon service of notice of refusal by the state board to issue a certif-
icate of approval, fails to request a hearing within 15 days thereafter after the date of service
of such notice of refusal, the state board's refusal shall be final.

    Sec. 20. K.S.A. 72-4929 is hereby amended to read as follows: 72-4929. (a) The state
board may revoke a certificate of approval or place impose reasonable conditions upon the
continued approval represented by a certificate. Prior to revocation or imposition of con-
ditions upon a certificate of approval, the state board shall notify the holder of the certificate
in writing of the impending action setting forth the grounds for the action contemplated to
be taken and affording a hearing on a date within 30 days after the date of such notice.
Hearings under this section shall be conducted in accordance with the provisions of the
Kansas administrative procedure act.

    (b) A certificate of approval may be revoked or conditioned if the state board has rea-
sonable cause to believe that the school is guilty of a in violation of any provision of this act
or of any rules and regulations adopted hereunder under this act.

    Sec. 21. K.S.A. 72-4931 is hereby amended to read as follows: 72-4931. (a) All repre-
sentatives Each representative of a proprietary school shall register with the state board.
Application for registration may be made at any time and shall be based on information
submitted by the school and the representative in accordance with the provisions of this act
on a form prepared and furnished by the state board and shall contain such information as
may be required by the state board.

    (b) Registration of a representative shall be effective upon receipt of notice from the
state board and shall remain in effect until expiration of the certificate of approval of the
school employing such representative. Renewal of representative registration shall be in
accordance with the renewal application form forwarded to the school by the state board.

    (c) Denial or revocation of registration of a representative by the state board shall be
in accordance with the provisions of this act applicable to denial or revocation of a certificate
of approval.

    (d) Schools domiciled, or having their principal place of business, outside of the state
of Kansas that employ representatives to canvass, solicit or contract with any person within
the state of Kansas shall be subject to the requirements for registration of representatives.
    (e) (d) A representative representing employed by more than one school shall obtain a
separate permit not be required to register for each school which he represents, except that
when a representative represents such schools having have a common ownership, only one
permit shall be required.

    Sec. 22. K.S.A. 1997 Supp. 72-4932 is hereby amended to read as follows: 72-4932. (a)
Before a certificate of approval is issued under this act, a bond in the penal sum of $20,000
shall be provided by the school for the period during for which the certificate of approval
is to be issued and. The obligation of the bond shall be that neither this act nor any rule or
regulation adopted thereunder shall be violated by the school or any of and its officers,
agents, representatives or and other employees shall be bound, upon closure of the school,
to deliver or make available to the state board the records of all students who are in attend-
ance at the school at the time of closure or who have attended the school at any time prior
to closure. The bond shall be a corporate surety bond issued by a company authorized to
do business in this state conditioned that the parties thereto shall pay all damages or expenses
which the state, or any governmental subdivision thereof, or any person may sustain resulting
from any such violation. The bond shall be for use and benefit of the state or any person or
governmental subdivision of the state which may suffer expense or damage by breach
thereof. The bond shall be filed with the state board. If the proprietary school ceases op-
eration, the state board may recover against the bond all necessary costs for the acquisition,
permanent filing, and maintenance of student records of the proprietary school.

    (b) Before a representative may be registered under this act, a bond in the penal sum
of $2,000 shall be provided by or for each such representative for a period running concur-
rently with that of the school's certificate of approval and the obligation of the bond shall
be that neither a provision of this act nor any rule or regulation adopted thereunder shall
be violated, nor shall fraud or misrepresentation in securing the enrollment of a student be
committed by the representative. The bond shall be a surety bond issued by a company
authorized to do business in this state conditioned that the parties thereto shall pay all
damages or expenses which the state, any governmental subdivision thereof, or any person
may sustain resulting from any such violation. The bond shall be for the use and benefit of
the state or any person or governmental subdivision of the state as may suffer expense or
damage by breach thereof. The bond shall be filed with the state board.
    (c) (b) In lieu of the corporate surety bond required in subsections under subsection (a)
and (b) of this section, a school may, in the alternative, provide any other similar certificate
or evidence of indebtedness or insurance as may be acceptable to the state board if such
certificate or evidence of indebtedness or insurance meets all is conditioned that the require-
ments of subsections subsection (a) and (b) shall be met.

    (d) Schools domiciled, or having their principal place of business, outside of the state
of Kansas, that employ representatives to canvass, solicit or contract with any person within
the state of Kansas shall be subject to the bond requirements for both the school and its
representatives.
    (e) The state board, for good cause shown, as recommended by the commission, may
waive and suspend the requirements set forth in subsections (a), (b), and (c) of this section
with respect to schools operating wholly or in part under a federal grant where no tuition
fee is charged to the student.

    Sec. 23. K.S.A. 72-4933 is hereby amended to read as follows: 72-4933. (a) Subject to
the provisions of subsection (b), no tuition in an amount greater than $200 $350 shall be
collected from a student by any noncorrespondence school more than 10 30 days before the
student receives actual shop or classroom instruction, and not more than $100 $150 of such
an amount may be retained by a school from any student who fails to enter the school.

    (b) In the case of a correspondence school, no tuition in an amount greater than $100
$200 shall be collected by any correspondence school sooner than 10 days after from a
student prior to the first submission of a lesson by such the student for evaluation at the
home office of the school, and not more than $50 $75 of any such amount may be retained
by the a school from any student who fails to enter the school.

    Sec. 24. K.S.A. 72-4934 is hereby amended to read as follows: 72-4934. (a) No person
shall:

    (1) Operate a school without a certificate of approval;

    (2) solicit prospective students without being bonded and registered or certified as re-
quired by this act;

    (3) accept contracts or enrollment applications from a representative who is not bonded
and certified registered as required by this act;

    (4) use fraud or misrepresentation in advertising or in procuring a student's enrollment
of a student.

    (b) Violation of any provision of subsection (a) of this section or of any other provision
of this act is a class C nonperson misdemeanor.

    Sec. 25. K.S.A. 72-4935 is hereby amended to read as follows: 72-4935. Upon appli-
cation of the attorney general or the a county or district attorney, the district courts shall
have the power and jurisdiction to enjoin any violation of this act. In cases of substantial
and willful violations of the act, district courts shall have the power and jurisdiction and to
enjoin persons from engaging in business in this state. In any action brought to enforce the
provisions of this act, if the court finds that a person is willfully using or has willfully used
a method, any deceptive or misleading act or practice declared to be unlawful by this act,
the attorney general or the a county or district attorney, upon petition to the court, may
recover on behalf of the state, in addition to the criminal penalties provided herein in this
act, on behalf of the state, a civil penalty of not exceeding one thousand dollars ($1,000)
$1,000 per person for each violation. For purposes of this section, a willful violation occurs
when the person committing the violation knew or should have known that his the conduct
of the person consisted of acts or practices which were deceptive or misleading.

    Sec. 26. K.S.A. 72-4936 is hereby amended to read as follows: 72-4936. Any note or
contract taken by any school, or its officers, directors, agents, solicitors, or representatives,
without having complied with the provisions of this act, shall be null and void and any person
who shall have entered into a contract with such a school or its officers, directors, agents,
solicitors, or representatives shall be entitled to a full refund of the money or consideration
paid plus interest accruing from the date of payment at the a rate of eight percent (8%) per
annum from the date of payment equal to the rate specified in K.S.A. 16-207, and amend-
ments thereto, together with other damages sustained by such student person.

    Sec. 27. K.S.A. 72-4937 is hereby amended to read as follows: 72-4937. Whenever any
school negotiates any promissory instrument or note received from a student or on behalf
of a student as payment of tuition or other charges fees charged by such school, any person
or assignee or holder to whom the instrument or note is assigned shall take such instruments
instrument or note subject to all defenses of any student which would be available to that
the student in an action on a simple contract from whom or on behalf of whom the instrument
or note was received.

    Sec. 28. K.S.A. 72-4938 is hereby amended to read as follows: 72-4938. Fees for cer-
tificates of approval and registration of representatives shall be collected by the state board
in accordance with the following schedule:

    (a) For schools domiciled or having their principal place of business within the state of
Kansas:

(1)Initial issuance of certificate of approval $250.00 $800.00
(2)Renewal of certificate of approval, annual fee 200.00300.00
(3)Initial registration of representative 25.00 50.00
(4)Annual renewal of registration of representative 15.0025.00


    (b) For schools domiciled or having their principal place of business outside the state
of Kansas:

(1)Initial issuance of certificate of approval $700.00 $1500.00
(2)Renewal of certificate of approval, annual fee 600.00750.00
(3)Initial registration of representative 70.00100.00
(4)Annual renewal of registration of representative 50.0075.00


    Sec. 29. K.S.A. 72-4939 is hereby amended to read as follows: 72-4939. Necessary and
reasonable expense of (a) The state board incurred in investigation or examination of any
school applying for a certificate of approval under this act shall be borne by such school and
shall be paid to the state board as a condition of and prior to the issuance of such certificate.
shall remit all moneys received pursuant to the provisions of this act to the state treasurer.
Upon receipt of each such remittance, the state treasurer shall be deposited deposit the
entire amount remitted in the state treasury and credited shall credit the same to a special
the proprietary school fee fund to be used for the purpose of administering this act. All
expenditures from the proprietary school fee fund shall be made in accordance with appro-
priations acts upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the state board or by a person or persons designated by the state
board.
    (b) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the proprietary school fee fund interest earnings
based on: (1) The average daily balance of moneys in the proprietary school fee fund for the
preceding month; and (2) the net earnings rate for the pooled money investment portfolio
for the preceding month.

    Sec. 30. K.S.A. 72-4940 is hereby amended to read as follows: 72-4940. If any clause,
paragraph, subsection or sections section of this the Kansas proprietary school act shall be
held unconstitutional or invalid, it shall be conclusively presumed that the legislature would
have created enacted the remainder of the act without such unconstitutional or invalid
clause, paragraph, subsection or sections section.'';

    And by renumbering sections accordingly;

    Also on page 3, in line 42, after ``K.S.A.'' by inserting ``72-4917, 72-4918, 72-4919, 72-
4920, 72-4921, 72-4922, 72-4923, 72-4924, 72-4925, 72-4926, 72-4927, 72-4928, 72-4929,
72-4931, 72-4933, 72-4934, 72-4935, 72-4936, 72-4937, 72-4938, 72-4939, 72-4940 and'';
also in line 42, by striking ``is'' and inserting ``and K.S.A. 1997 Supp. 38-1502, 38-1502b, 38-
1507, 38-1602, 38-1608, 38-1618, 72-4932, 72-89b02 and 72-89b03 are'';

    On page 1, in the title, in line 12, after ``concerning'' by inserting ``education and schools;
relating to''; in line 14, by striking ``relating to''; in line 17, after the semicolon, by inserting
``school safety and security; requirements and duties of administrators and school employees;
disclosure of certain information; the Kansas proprietary school act, definitions and increas-
ing certain fees; providing for the disposition of student records upon school closure;''; in
line 18, after ``K.S.A.'' by inserting ``72-4919, 72-4920, 72-4921, 72-4922, 72-4924, 72-4925,
72-4926, 72-4927, 72-4928, 72-4929, 72-4931, 72-4933, 72-4934, 72-4935, 72-4936, 72-
4937, 72-4938, 72-4939, 72-4940 and''; also in line 18, after ``72-5445'' by inserting ``and
K.S.A. 1997 Supp. 38-1502, 38-1507, 38-1602, 38-1608, 38-1618, 72-4932, 72-89b02 and
72-89b03''; also in line 18, by striking ``section'' and inserting ``sections; also repealing K.S.A.
72-4917, 72-4918 and 72-4923 and K.S.A. 1997 Supp. 38-1502b'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Michael R. O'Neal

                                                                                    Eugene L. Shore

                                                                                    Bill Reardon
 
                                                                                    Conferees on part of House

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Anthony Hensley
 
Conferees on part of Senate



  





April 29, 1998


 Senator Emert moved the Senate adopt the Conference Committee report on SB 298.
 On roll call, the vote was: Yeas 39, nays 1, 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, Jones,
Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ran-
son, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Huelskamp.

    The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2233, 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 2, in line 38, before ``a'' by inserting ``during the period commencing July 1,
1998, and ending June 30, 2002,''; in line 39, before ``for'' by inserting ``, and on and after
July 1, 2002, a sum equal to $8'';

    On page 3, by striking all in lines 4 through 43;

    On page 4, by striking all in lines 1 through 15 and inserting the following:

    ``Sec. 4. K.S.A. 1997 Supp. 28-172a is hereby amended to read as follows: 28-172a. (a)
Except as otherwise provided in this section, whenever the prosecuting witness or defendant
is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be
taxed as follows:

    (1) For the period commencing July 1, 1994, and ending June 30, 1996:
Murder or manslaughter $159.50

Other felony 129.50

Misdemeanor 99.50

Forfeited recognizance 59.50

Appeals from other courts 59.50


    (2) For a period commencing July 1, 1996, and ending June 30, 1998:

Murder or manslaughter $157.50

Other felony 127.50

Misdemeanor 97.50

Forfeited recognizance 57.50

Appeals from other courts 57.50


    (3) On and after July 1, 1998:

Murder or manslaughter $156.50$164.50
Other felony 126.50134.50
Misdemeanor 96.50102.50
Forfeited recognizance 56.5062.50
Appeals from other courts 56.5062.50


    (b) In actions involving the violation of any of the laws of this state regulating traffic on
highways (including those listed in subsection (c) of K.S.A. 8-2118, and amendments
thereto), a cigarette or tobacco infraction, any act declared a crime pursuant to the statutes
contained in chapter 32 of Kansas Statutes Annotated and amendments thereto or any act
declared a crime pursuant to the statutes contained in article 8 of chapter 82a of the Kansas
Statutes Annotated, and amendments thereto, whenever the prosecuting witness or defend-
ant is adjudged to pay the costs in the action, a docket fee of $42 shall be charged during
the period commencing July 1, 1994, and ending June 30, 1996, $41 during the period
commencing July 1, 1996, and ending June 30, 1998, and $40 on or after July 1, 1998 $45.
When an action is disposed of under subsections (a) and (b) of K.S.A. 8-2118 or subsection
(f) of K.S.A. 79-3393, and amendments thereto, whether by mail or in person, the docket
fee to be paid as court costs shall be $42 during the period commencing July 1, 1994, and
ending June 30, 1996, $41 during the period commencing July 1, 1996, and ending June
30, 1998, and $40 on and after July 1, 1998 $45.

    (c) If a conviction is on more than one count, the docket fee shall be the highest one
applicable to any one of the counts. The prosecuting witness or defendant, if assessed the
costs, shall pay only one fee. Multiple defendants shall each pay one fee.

    (d) Statutory charges for law library funds, the law enforcement training center fund,
the prosecuting attorneys' training fund, the juvenile detention facilities fund, the judicial
branch education fund, the emergency medical services operating fund and the judiciary
technology fund shall be paid from the docket fee; the family violence and child abuse and
neglect assistance and prevention fund fee shall be paid from criminal proceedings docket
fees. All other fees and expenses to be assessed as additional court costs shall be approved
by the court, unless specifically fixed by statute. Additional fees shall include, but are not
limited to, fees for Kansas bureau of investigation forensic or laboratory analyses, fees for
detention facility processing pursuant to section 1, and amendments thereto, fees for the
sexual assault evidence collection kit, fees for conducting an examination of a sexual assault
victim, fees for service of process outside the state, witness fees, fees for transcripts and
depositions, costs from other courts, doctors' fees and examination and evaluation fees. No
sheriff in this state shall charge any district court of this state a fee or mileage for serving
any paper or process.

    (e) In each case charging a violation of the laws relating to parking of motor vehicles
on the statehouse grounds or other state-owned or operated property in Shawnee county,
Kansas, as specified in K.S.A. 75-4510a, and amendments thereto, or as specified in K.S.A.
75-4508, and amendments thereto, the clerk shall tax a fee of $2 which shall constitute the
entire costs in the case, except that witness fees, mileage and expenses incurred in serving
a warrant shall be in addition to the fee. Appearance bond for a parking violation of K.S.A.
75-4508 or 75-4510a, and amendments thereto, shall be $3, unless a warrant is issued. The
judge may order the bond forfeited upon the defendant's failure to appear, and $2 of any
bond so forfeited shall be regarded as court costs.'';

    And by renumbering the remaining sections accordingly;

    On page 1, in the title, in line 15, by striking ``28-172d'' and inserting ``28-172a''; in line
16, by striking ``28-172a'' and inserting ``28-172d'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
                                                                                    Conferees on part of Senate

                                                                                    Tim Carmody

                                                                                    Terry P. Presta

                                                                                    Jim D. Garner
 
Conferees on part of House

 Senator Emert moved the Senate adopt the Conference Committee report on HB 2233.
 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 Substitute for HB 2609, submits the following report:

    The Senate recedes from all of its 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, by striking all in line 40; in line 43, by striking the comma where it precedes
``(3)'' and inserting ``and''; also in line 43, by striking ``and (4)'';

    On page 2, in line 3, by striking all after ``other''; in line 4, by striking all before the period
and inserting ``beautifying process on any person'';

    On page 3, in line 8, by striking ``osteopathy,'';

    On page 4, in line 39, by striking all after ``following''; by striking all of line 40; in line 41,
by striking all before ``licensure''; in line 43, by striking ``100'' and inserting ``20'';

    On page 6, in line 10, by striking all after ``following''; by striking all of line 11; in line 12,
by striking all before ``licensure''; in line 14, by striking ``100'' and inserting ``20'';

    On page 7, in line 13, by striking all after ``following''; by striking all of line 14; in line 15,
by striking all before ``licensure''; in line 17, by striking ``100'' and inserting ``20'';

    On page 8, in line 22, by striking all after ``following''; by striking all of line 23; in line 24,
by striking all before ``licensure''; in line 26, by striking ``100'' and inserting ``20'';

    On page 9, in line 14, after ``technicians,'' by inserting ``estheticians,''; in line 20, by striking
``and'' and inserting a comma; in line 39, before the period, by inserting: ``and with renewal
applications filed on and after July 1, 2000, the filing of a successfully completed written
renewal examination prescribed by the board under this subsection. For renewal applica-
tions filed on and after July 1, 2000, the board shall prescribe a written renewal examination
for each classification of licensee under this subsection which will test the applicant's un-
derstanding of the laws relating to the practice for which the applicant holds a license, will
test the applicant's understanding of health and sanitation matters relating to the practice
for which the applicant holds a license and will test the understanding of the applicant about
safety matters relating to the practice for which the applicant holds a license. The board
shall fix the score for the successful completion of a written renewal examination. The board
shall develop an information booklet to be sent to an applicant for renewal of a license along
with the written renewal examination. The information booklet shall contain information on
the subjects to be tested on the written renewal examination and shall be provided to the
applicant along with the written renewal examination at least 30 days prior to the date on
which the renewal application is to be filed. The written renewal examination may be pre-
pared by the applicant with the use of the information booklet. The board shall report to
the 1999 session of the legislature the progress made by the board in developing an infor-
mation booklet and a written renewal examination'';

    On page 12, in line 7, by striking ``40'' and inserting ``60'';

    On page 13, following line 42, by inserting a new paragraph as follows:

    ``(i) From and after the effective date of this act, there shall be no continuing education
requirement imposed by the board upon any person who was formerly or is currently li-
censed as a cosmetologist, cosmetology technician, esthetician, electrologist or manicurist
as a condition of reinstatement or renewal of the person's license to practice.'';

    On page 18, in line 39, by striking ``Each'' and inserting ``The terms of office of members
of the board serving prior to the effective date of this act shall expire on the effective date
of this act, but such members shall continue to serve until their successors are appointed
and qualified as provided in this section. Members of the board serving prior to the effective
date of this act may be reappointed as provided in this section. Of the members first ap-
pointed to the board on and after the effective date of this act, two members shall be
appointed for terms of one year, two members shall be appointed for terms of two years
and three members shall be appointed for terms of three years. Thereafter each''; also in
line 39, by striking ``serve'' and inserting ``be appointed for'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 
                                                                                    Conferees on part of Senate

                                                                                    Michael R. O'Neal

                                                                                    Eugene G. Shore

                                                                                    Dixie Toelkes
 
Conferees on part of House

 Senator Praeger moved the Senate adopt the Conference Committee report on Sub. HB
2609.
 On roll call, the vote was: Yeas 38, nays 2, present and passing 0; absent or not voting 0.

    Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Hardenburger, Harrington, Hensley, Huelskamp, Jones,
Jordan, Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Praeger, Pugh, Ranson,
Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Goodwin, Petty.

    The Conference Committee report was adopted.

CONFERENCE COMMITTEE REPORT
    Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2630, 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 5, in line 19, before ``has'' by inserting ``(A)''; in line 23, by striking ``the effective
date of this act'' and inserting ``July 1, 1998,''; also in line 23, after ``or'' by inserting ``(B) if
such applicant commenced such postgraduate work experience on or after July 1, 1998,'';
in line 26, by striking all after ``experience''; in line 27, by striking all before the semicolon;

    On page 7, after line 18, by inserting the following:

    ``Sec. 6. K.S.A. 1997 Supp. 74-5367 is hereby amended to read as follows: 74-5367. (a)
The board may issue a temporary permit to practice as a licensed masters level psychologist
to any person who pays a fee prescribed by the board under this section, which shall not be
refunded, and who: (1) Meets all the requirements for licensure under this act as a licensed
masters level psychologist, but whose application for licensure is pending; or (2) meets all
the requirements for licensure under this act as a licensed masters level psychologist except
the requirement of postgraduate supervised work experience or current employment, or
both.

    (b) A temporary permit issued by the board shall expire at such time as final action on
the application is completed, but all such temporary permits shall expire one year two years
after the date of issuance of the permit. A temporary permit issued by the board may be
renewed for one additional twelve-month twenty-four-month period if the board finds that
satisfactory progress toward the supervised experience requirement is being met.

    (c) The board shall fix by rules and regulations fees for application and renewal of each
type of temporary permit under this section. The application and renewal fee shall not
exceed $100 except that the fee for application for and renewal of the two-year temporary
permit under clause (1) of subsection (a) shall not exceed $200.

    (d) The application for a temporary permit may be denied or a temporary permit which
has been issued may be suspended or revoked on the same grounds as provided for sus-
pension or revocation of a license under K.S.A. 74-5369 and amendments thereto.'';

    And by renumbering sections accordingly;

    Also on page 7, in line 20, by striking ``and'' and inserting a comma; also in line 20, after
``74-5363'' by inserting ``and 74-5367'';

    In the title, in line 16, by striking ``and'' where it precedes ``74-5363'' and inserting in lieu
thereof a comma; also in line 16, after ``74-5363'' by inserting ``and 74-5367'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Sandy Praeger

                                                                                    Larry D. Salmans

                                                                                    Chris Steineger
 
                                                                                    Conferees on part of Senate

                                                                                    Carlos Mayans

                                                                                    Phyllis Gilmore

                                                                                    Jerry Henry
 
Conferees on part of House

 Senator Praeger moved the Senate adopt the Conference Committee report on Sub. HB
2630.
 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 2744, 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 1, in line 32, by striking ``or''; in line 34, after ``or'' by inserting ``(E) commits
five or more moving violations; or'';

                                                                                        And your committee on conference recommends the adoption of this report.

                                                                                    Tim Emert

                                                                                    Edward W. Pugh

                                                                                    Greta Goodwin
 
                                                                                    Conferees on part of Senate

                                                                                    Tim Carmody

                                                                                    Terry P. Presta

                                                                                    Jim D. Garner
 
Conferees on part of House

 Senator Emert moved the Senate adopt the Conference Committee report on HB 2744.

 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.

REPORTS OF STANDING COMMITTEES
 Committee on Judiciary recommends HB 2715, as amended by House Committee of
the Whole, be amended by substituting a new bill to be designated as ``SENATE Substitute
for HOUSE BILL No. 2715,'' as follows:

``SENATE Substitute for HOUSE BILL No. 2715
By Committee on Judiciary


``AN ACT relating to leases of railroad lands; establishing rights, duties, obligations and
      remedies for certain tenants of railroad land.''; and the substitute bill be passed.

       Committee on Ways and Means recommends HB 2612, as amended by House Com-
mittee of the Whole, be passed.

 also HB 2895, as amended by House on Final Action, be amended by substituting a new
bill to be designated as ``SENATE Substitute for HOUSE BILL No. 2895,'' as follows:

``SENATE Substitute for HOUSE BILL No. 2895
By Committee on Ways and Means


      ``AN ACT making and concerning appropriations for the fiscal years ending June 30, 1998,
      and June 30, 1999; authorizing certain transfers and fees, imposing certain restrictions
      and limitations and directing or authorizing certain receipts, disbursements, capital im-
      provements and acts incidental to the foregoing; repealing section 11 of 1998 House
      Substitute for Substitute for Senate Bill No. 424.''; and the substitute bill be passed.

      FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
 On motion of Senator Emert an emergency was declared by a 2
3/ constitutional majority,
and S. Sub. for HB 2895 was advanced to Final Action, subject to amendment, debate
and roll call.

 S. Sub. for HB 2895, An act making and concerning appropriations for the fiscal years
ending June 30, 1998, and June 30, 1999; authorizing certain transfers and fees, imposing
certain restrictions and limitations and directing or authorizing certain receipts, disburse-
ments, capital improvements and acts incidental to the foregoing; repealing section 11 of
1998 House Substitute for Substitute for Senate Bill No. 424, was considered on final action.

 The bill was amended by adoption of the committee report recommending a S. Sub. HB
2895.

 Senator Downey moved to amend the substitute bill on page 2 of the typed version of
the bill, following line 39, by inserting the following:

``Special education services aid
    For the fiscal year ending June 30, 1999 		$11,268,825``


 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 15, nays 25, present and passing 0; absent or not voting
0.

    Yeas: Barone, Biggs, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley, Jones,
Karr, Lawrence, Lee, Petty, Ranson, Steineger.

    Nays: Becker, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger,
Harrington, Huelskamp, Jordan, Kerr, Langworthy, Morris, Oleen, Praeger, Pugh, Salis-
bury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.

    The motion failed and the amendment was rejected.

 Senator Hensley moved to amend the substitute bill on page 27 of the typed version of
the bill, following line 25, by inserting the following:

``Construct storage bay #3
    For the fiscal year ending June 30, 1999 		$2,098,540``


 The motion failed and the amendment was rejected.

 Senator Jones moved to amend the substitute bill on page 22, following line 34, by in-
serting the following:

``Ethnic minority scholarship program
    For the fiscal year ending June 30, 1999 		$50,000``.


 The motion carried and the amendment was adopted.

 Senator Petty moved to amend the substitute bill on page 36 of the typed version of the
bill, in line 10, by adding $3,800,000 to the dollar amount and by adjusting the dollar amount
in line 10 accordingly.

 Senator Salisbury offered a substitute motion to amend the substitute bill on page 36 of
the typed version of the bill, in line 10, by adding ``$1,400,000 to the dollar amount and by
adjusting the dollar amount in line 10 accordingly; preceding line 11, by inserting the fol-
lowing:

``Provided, That expenditures shall be made by the secretary of social and rehabilitation
services to adjust the reimbursement for the HCBS/MR waiver: Provided further, That the
secretary shall seek input from providers, consumers and stakeholders: And provided fur-
ther, That expenditures for such purpose shall not exceed $1,400,000.''

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 38, nays 2, 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, Jones, Jordan,
Karr, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal-
isbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger, Vidricksen.

    Nays: Hensley, Huelskamp.

    The motion carried and the amendment was adopted.

 Senator Feleciano moved to amend the substitute bill on page 36, of the typed version
of the bill, in line 10, by adding $250,000 to the dollar amount in line 10 accordingly;
preceding line 11, by inserting the following:

``Provided, That, of the amount appropriated in the mental health and retardation services
aid and assistance and state institution operations account for the fiscal year ending June
30, 1999, the amount of $250,000 shall be expended for a competitive state grant program
to be administered by the secretary of social and rehabilitation services in accordance with
these provisions and policies and procedures adopted by the secretary: Provided further,
That entities eligible to apply for the competitive state grant program shall consist of Kansas
advocacy and protective services, families together, keys for networking and consumer-run
organizations: And provided further, That all payments and disbursements from such grant
program shall be based on proper application to the secretary of social and rehabilitation
services: And provided further, That expenditures from this account for such competitive
state grant program shall not exceed $250,000.''.

 The motion failed and the amendment was rejected.

 Senator Oleen moved to amend the substitute bill on page 10 of the typed version of the
bill, by striking all in lines 4 through 6 and inserting the following:

    ``(e) There is appropriated for the above agency from the state general fund for the
fiscal year or years specified, the following:

Operating expenditures--implementation of 1998 House Bill No. 2531
    For the fiscal year ending June 30, 1999 		$120,925``;


    And by redesignating the subsections in the section accordingly.

 The motion carried and the amendment was adopted.

 Senator Hensley moved to amend the substitute bill.

 Senator Lee offered a substitute motion to amend the substitute bill on page 48 of the
typed version of the bill, following line 13, by inserting the following:

    ``Sec. 59. On July 1, 1998, K.S.A. 79-2964, as amended by section 164 of 1998 Senate
Bill No. 495, is hereby amended to read as follows: 79-2964. There is hereby created the
county and city revenue sharing fund. All moneys transferred or credited to such fund under
the provisions of this act or any other law shall be allocated and distributed in the manner
provided herein. The director of accounts and reports in each year on July 15 and December
10, shall make transfers in equal amounts which in the aggregate equal 3.5% of the total
retail sales and compensating taxes credited to the state general fund pursuant to articles
36 and 37 of chapter 79 of the Kansas Statutes Annotated and acts amendatory thereof and
supplemental thereto during the preceding calendar year from the state general fund to the
county and city revenue sharing fund, except that: (a) the transfers on July 15 and December
10 of each year shall be in equal amounts which in the aggregate equal 2.823% of such taxes
credited to the state general fund during the preceding calendar year; and (b) the amount
of the transfer on each such date during state fiscal year 1999 shall be equal to 102.4% of
the amount transferred on the same date during state fiscal year 1998. All such transfers
are subject to reduction under K.S.A. 75-6704 and amendments thereto. All transfers made
in accordance with the provisions of this section shall be considered to be demand transfers
from the state general fund.

    Sec. 60. On July 1, 1998, K.S.A. 79-3425i, as amended by section 165 of 1998 Senate
Bill No. 495, is hereby amended to read as follows: 79-3425i. On January 15 and July 15 of
each year, the director of accounts and reports shall transfer a sum equal to the total taxes
collected under the provisions of K.S.A. 79-6a04 and 79-6a10, and amendments thereto,
and credited to the state general fund during the six months next preceding the date of
transfer, from the state general fund to the special city and county highway fund, created
by K.S.A. 79-3425, and amendments thereto, except that: (1) such transfers are subject to
reduction under K.S.A. 75-6704, and amendments thereto; and (2) the amount of the trans-
fer on each such date during state fiscal year 1999 shall not exceed the amount equal to
102.4% of the amount transferred on the same date during state fiscal year 1998. All transfers
under this section shall be considered to be demand transfers from the state general fund.

    Sec. 61. On July 1, 1998, K.S.A. 79-2964 and 79-3425i are hereby repealed.'';

    And by renumbering sections accordingly;

    In the title of the typed version of the bill, in line 6, after the semicolon, by inserting
``amending K.S.A. 79-2964, as amended by section 164 of 1998 Senate Bill No. 495, and
K.S.A. 79-3425i, as amended by section 165 of 1998 Senate Bill No. 495, and repealing the
existing section; also''.

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 14, nays 26, present and passing 0; absent or not voting
0.

    Yeas: Barone, Biggs, Bleeker, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Jones, Karr, Lee, Petty, Steineger.

    Nays: Becker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger, Har-
rington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.

    The motion failed and the amendment was rejected.

 The Senate returned to consideration of the motion by Senator Hensley to amend the
bill on page 48 of the typed version of the bill, following line 13, by inserting the following:

    ``Sec. 59. On July 1, 1998, K.S.A. 79-3425i, as amended by section 165 of 1998 Senate
Bill No. 495, is hereby amended to read as follows: 79-3425i. On January 15 and July 15 of
each year, the director of accounts and reports shall transfer a sum equal to the total taxes
collected under the provisions of K.S.A. 79-6a04 and 79-6a10, and amendments thereto,
and credited to the state general fund during the six months next preceding the date of
transfer, from the state general fund to the special city and county highway fund, created
by K.S.A. 79-3425, and amendments thereto, except that: (1) such transfers are subject to
reduction under K.S.A. 75-6704, and amendments thereto; and (2) the amount of the trans-
fer on each such date during state fiscal year 1999 shall not exceed the amount equal to
102.4% of the amount transferred on the same date during state fiscal year 1998. All transfers
under this section shall be considered to be demand transfers from the state general fund.

    Sec. 60. On July 1, 1998, K.S.A. 79-3425i, as amended by section 165 of 1998 Senate
Bill No. 495, is hereby repealed.'';

    And by renumbering sections accordingly;

    In the title of the typed version of the bill, in line 6, after the semicolon, by inserting
``amending K.S.A. 79-3425i, as amended by section 165 of 1998 Senate Bill No. 495, and
repealing the existing section; also''.

 Upon the showing of five hands a roll call vote was requested.

 On roll call, the vote was: Yeas 14, nays 26, present and passing 0; absent or not voting
0.

    Yeas: Barone, Biggs, Bleeker, Downey, Feleciano, Gilstrap, Gooch, Goodwin, Hensley,
Jones, Karr, Lee, Petty, Steineger.

    Nays: Becker, Bond, Brownlee, Clark, Corbin, Donovan, Emert, Hardenburger, Har-
rington, Huelskamp, Jordan, Kerr, Langworthy, Lawrence, Morris, Oleen, Praeger, Pugh,
Ranson, Salisbury, Salmans, Schraad, Steffes, Tyson, Umbarger, Vidricksen.

    The motion failed and the amendment was rejected.

 On roll call for final action on S. Sub. for HB 2895 the vote was: Yeas 33, nays 7, present
and passing 0; absent or not voting 0.

    Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Emert,
Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington, Jones, Jordan, Karr, Kerr,
Langworthy, Lawrence, Morris, Oleen, Praeger, Ranson, Salisbury, Salmans, Schraad, Stef-
fes, Steineger, Umbarger, Vidricksen.

    Nays: Downey, Hensley, Huelskamp, Lee, Petty, Pugh, Tyson.

    The substitute bill passed, as amended.

 On motion of Senator Emert the Senate adjourned until 10:00 a.m., Thursday, April 30,
1998.

HELEN A. MORELAND, Journal Clerk. 
PAT SAVILLE, Secretary of the Senate.