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,
There's not much time left.
There are still some things which need to get done.
In addition, there are some things which some of the people would like to get done.
There are also some things some of the people hope won't get done.
At the same time they would like to go home.
And at the end of each year's session they have the challenge of getting through
on time while making sure they don't rush something through without enough at-
tention to details.
Plus, they are keenly aware there are some people with calculators in hand waiting
to publish how much it costs the taxpayers for every day they work past the ninety
days.
Besides, they would like to go home.
Help them O God, to do what has to be done, to do it well, and to do it at least
in time to get to church on Sunday.
Oh, did I mention, Lord, they really want to go home.
I pray in Jesus' Name,
AMEN
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committee as indicated:
Committee of the Whole: HB 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034.
CHANGE OF REFERENCE
The President withdrew HB 2758 from the Committee on Ways and Means, and referred
the bill to the calendar under the heading of General Orders.
COMMUNICATIONS FROM STATE OFFICERS
SUPREME COURT OF KANSAS
Kansas Judicial Center
April 30, 1998
In accordance with K.S.A. 1997 Supp. 5-506, Howard Schwartz, Judicial Administrator,
Supreme Court of Kansas, submitted the 1997 annual dispute resolution report.
The President announced the above report is on file in the office of the Secretary of the
Senate and is available for review at any time.
MESSAGE FROM THE HOUSE
Announcing passage of SB 643, as amended by House Substitute for SB 643.
Also announcing, the House adopts the conference committee report on HB 2626.
The House adopts the conference committee report on SB 220.
The House adopts the conference committee report on SB 400.
The House adopts the conference committee report on SB 449.
The House adopts the conference committee report on SB 485.
The House concurs in Senate amendments to Senate Substitute for HB 2715.
The House nonconcurs in Senate amendments to HB 2684, requests a conference and
has appointed Reps Phill Kline, Powell and Larkin as conferees on the part of the House.
The House nonconcurs in Senate amendments to HB 2739, requests a conference and
has appointed Reps. Boston, Tanner and Sharp as conferees on the part of the House.
The House accedes to the request of the Senate for a conference on SB 514 and has
appointed Reps. Shallenburger, Carmody and Sawyer as conferees on the part of the House.
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 220, 400, 449, 485.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 220, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 2, in line 27, by striking ``1996 Supp.''; in line 30, by striking ``1996'' and inserting
``1997'';
On page 5, by striking all in lines 26 through 35;
And by renumbering sections accordingly;
Also on page 5, in line 36, by striking ``65-2885 and K.S.A. 1996'' and inserting ``1997'';
in line 37, by striking ``are'' and inserting ``is'';
On page 1, in the title, in line 16, by striking ``concerning use of titles by licensees;''; in
line 17, by striking ``K.S.A. 65-2885 and''; also in line 17, by striking ``1996'' and inserting
``1997''; in line 18, by striking ``sections'' and inserting ``section'';
And your committee on conference recommends the adoption of this report.
Carlos Mayans
Jim Morrison
Jerry Henry
Conferees on part of House
Sandy Praeger
Larry D. Salmans
Chris Steineger Conferees on part of Senate
Senator Praeger moved the Senate adopt the Conference Committee report on SB 220.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 400, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, in line 22, by striking all after ``be''; in line 23, by striking ``be''; in line 24,
after ``purposes'', by inserting ``subject to scheduling and approval by the director of legis-
lative administrative services in accordance with policies of the legislative coordinating coun-
cil''; in line 34, by striking all after the period; by striking all in lines 35 through 39; following
line 39, by inserting a new section to read as follows:
``New Sec. 2. Notwithstanding the provisions of subsection (i) of K.S.A. 25-4186, and
amendments thereto, all residual inauguration contributions for the 1999 gubernatorial in-
auguration, and gubernatorial inaugurations thereafter, that are not otherwise obligated for
payment of expenses incurred for the gubernatorial inauguration and not credited to the
inaugural expense fund in accordance with paragraph (i)(1) of K.S.A. 25-4186, and amend-
ments thereto, shall be credited to the executive mansion gifts fund for the purpose of
funding expenditures relating to the governor's residence, historic properties or both. Such
expenditures shall be subject to approval of the governor's residence advisory commission.'';
And by renumbering sections accordingly;
In the title, in line 10, before ``assignment'', by inserting ``state facilities; relating to''; also
in line 10, after ``capitol'', by inserting ``and to expenditures relating to Cedar Crest and
historic sites'';
And your committee on conference recommends the adoption of this report.
Robin Jennison
Susan Wagle
Tom Sawyer
Conferees on part of House
Dick Bond
Tim Emert
Anthony Hensley Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee report on SB 400.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 449, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 3, in line 40, after ``Intentionally'' by inserting ``and maliciously killing any animal
or intentionally and maliciously or repeatedly inflicting unnecessary pain or suffering by
injuring, maiming, torturing or mutilating any animal;
(2) intentionally'';
Also on page 3, in line 42, by striking ``(2)'' and inserting ``(3)'';
On page 4, in line 1, by striking ``(3)'' and inserting ``(4)''; in line 5, by striking ``(4)'' and
inserting ``(5)''; in line 43, after ``animals'' by inserting ``as provided in subsection (a)(1)'';
On page 5, in line 1, after the period, by inserting ``Cruelty to animals as provided in
subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a class A nonperson misdemeanor.''; after line 1,
by inserting the following:
``Sec. 5. K.S.A. 1997 Supp. 21-3106, as amended by section 2 of 1998 House Bill No.
2025, is hereby amended to read as follows: 21-3106. (1) A prosecution for murder may be
commenced at any time.
(2) Except as provided by subsection (8), a prosecution for any of the following crimes
must be commenced within five years after its commission if the victim is less than 16 years
of age: (a) Indecent liberties with a child as defined in K.S.A. 21-3503 and amendments
thereto; (b) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and
amendments thereto; (c) enticement of a child as defined in K.S.A. 21-3509 and amend-
ments thereto; (d) indecent solicitation of a child as defined in K.S.A. 21-3510 and amend-
ments thereto; (e) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511
and amendments thereto; (f) sexual exploitation of a child as defined in K.S.A. 21-3516 and
amendments thereto; or (g) aggravated incest as defined in K.S.A. 21-3603 and amendments
thereto.
(3) Except as provided in subsection (8), a prosecution for any crime must be com-
menced within 10 years after its commission if the victim is the Kansas public employees
retirement system.
(4) Except as provided by subsection (8), a prosecution for rape, as defined in K.S.A.
21-3502 and amendments thereto, or aggravated criminal sodomy, as defined in K.S.A.
21-3506 and amendments thereto, must be commenced within five years after its commis-
sion.
(5) Except as provided in subsection (8), a prosecution for any crime found in the Kansas
medicaid fraud control act must be commenced within five years after its commission.
(6) Except as provided by subsection (8), a prosecution for the crime of arson, as defined
in K.S.A. 21-3718 and amendments thereto, or aggravated arson, as defined in K.S.A. 21-
3719 and amendments thereto, must be commenced within five years after its commission.
(7) Except as provided by subsection (8), a prosecution for any crime not governed by
subsections (1), (2), (3), (4), (5) and (6) must be commenced within two years after it is
committed.
(7) (8) The period within which a prosecution must be commenced shall not include
any period in which:
(a) The accused is absent from the state;
(b) the accused is concealed within the state so that process cannot be served upon the
accused;
(c) the fact of the crime is concealed;
(d) a prosecution is pending against the defendant for the same conduct, even if the
indictment or information which commences the prosecution is quashed or the proceedings
thereon are set aside, or are reversed on appeal;
(e) an administrative agency is restrained by court order from investigating or otherwise
proceeding on a matter before it as to any criminal conduct defined as a violation of any of
the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes
Annotated which may be discovered as a result thereof regardless of who obtains the order
of restraint; or
(f) whether or not the fact of the crime is concealed by the active act or conduct of the
accused, there is substantially competent evidence to believe two or more of the following
factors are present: (i) The victim was a child under 15 years of age at the time of the crime;
(ii) the victim was of such age or intelligence that the victim was unable to determine that
the acts constituted a crime; (iii) the victim was prevented by a parent or other legal authority
from making known to law enforcement authorities the fact of the crime whether or not
the parent or other legal authority is the accused; and (iv) there is substantially competent
expert testimony indicating the victim psychologically repressed such witness' memory of
the fact of the crime, and in the expert's professional opinion the recall of such memory is
accurate and free of undue manipulation, and substantial corroborating evidence can be
produced in support of the allegations contained in the complaint or information but in no
event may a prosecution be commenced as provided in this section later than the date the
victim turns 28 years of age. Corroborating evidence may include, but is not limited to,
evidence the defendant committed similar acts against other persons or evidence of con-
temporaneous physical manifestations of the crime. ``Parent or other legal authority'' shall
include but not be limited to natural and stepparents, grandparents, aunts, uncles or siblings.
(8) (9) An offense is committed either when every element occurs, or, if a legislative
purpose to prohibit a continuing offense plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated. Time starts to run on the day
after the offense is committed.
(9) (10) A prosecution is commenced when a complaint or information is filed, or an
indictment returned, and a warrant thereon is delivered to the sheriff or other officer for
execution. No such prosecution shall be deemed to have been commenced if the warrant
so issued is not executed without unreasonable delay.'';
And by renumbering sections accordingly;
Also on page 5, in line 3, after ``Supp.'' by inserting ``21-3106, as amended by section 2
of 1998 House Bill No. 2025, and'';
On page 1, in the title, in line 15, by striking ``relating to''; also in line 15, by striking
``re-''; in line 16, by striking ``lating to''; also in line 16, by striking ``relating to''; in line 17,
after the semicolon, by inserting ``time limitations on prosecutions for certain crimes;''; in
line 18, after ``Supp.'' by inserting ``21-3106, as amended by section 2 of 1998 House Bill
No. 2025, and'';
And your committee on conference recommends the adoption of this report.
Tim Carmody
Terry P. Presta
Jim D. Garner
Conferees on part of House
Tim Emert
Dick Bond
Greta Goodwin Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee report on SB 449.
On roll call, the vote was: Yeas 6, nays 34, present and passing 0; absent or not voting 0.
Having voted on the prevailing side, Senator Emert moved the senate reconsider its action
on SB 449. The motion carried.
Senator Emert moved the Senate not adopt the Conference Committee Report on SB 449, and requested a new conference committee be appointed.
The motion carried and the President appointed Senators Emert, Bond and Goodwin as
second conferees on the part of the senate on SB 449.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 485, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 2, by striking all in lines 33 through 35;
On page 4, by striking all in lines 2 through 43;
On page 5, by striking all in lines 1 through 6; following line 6, by inserting a new section
to read as follows:
``New Sec. 2. (a) Unlawful administration of a substance is the intentional and knowing
administration of a substance to another person without consent for the purpose of impairing
such other person's physical or mental ability to appraise or control such person's conduct.
(b) ``Unlawful administration of a substance'' means any method of causing the ingestion
by another person of a controlled substance, gamma hydroxybutynic acid, or its salts, ke-
tamine or butyrolactone into any food, beverage or other consumable that the person knows,
or should know, would be consumed by such other person.
(c) This section shall not prohibit administration of any substance described in subsec-
tion (b) for lawful medical or therapeutic treatment.
(d) Unlawful administration of a substance is a class A person misdemeanor.'';
Also on page 5, in line 7, by striking ``and 65-4113 are'' and inserting ``is'';
On page 1, in the title, in line 12, after ``concerning'', by inserting ``the regulation of
certain substances; relating to''; also in line 12, before ``amending'', by inserting ``defining
and classifying the crime of unlawful administration of a substance;''; in line 13, by striking
``and 65-4113''; in line 14, by striking ``sections'' and inserting ``section'';
And your committee on conference recommends the adoption of this report.
Carlos Mayans
Jim Morrison
Jerry Henry
Conferees on part of House
Sandy Praeger
Larry D. Salmans
Chris Steineger Conferees on part of Senate
Senator Praeger moved the Senate adopt the Conference Committee report on SB 485.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senator Brownlee introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1865--
A RESOLUTION congratulating and commending the Olathe East High School boys bas-
ketball team and Coach Jim Super for winning the 1998 Class 6A State Basketball Cham-
pionship.
WHEREAS, The Olathe East High School boys basketball team won the 1998 Kansas
State High School Activities Association Class 6A State Basketball Championship at Emporia
on March 14, 1998; and
WHEREAS, Olathe East won the state championship with a thrilling 70-48 victory over
Wichita Heights High School with senior point guard Wes Layton leading the way; and
WHEREAS, The Olathe East High School ``Hawks'' basketball team finished the season
with a 21-4 record; and
WHEREAS, The members of this outstanding basketball team have received statewide
recognition for their fine sportsmanship and athletic abilities; and
WHEREAS, The success of this team is due to excellent teamwork, strong competitive
spirit and determination to win plus the enthusiastic support of the school's administrators,
the faculty, the students, the players' parents and many area citizens: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Olathe East High School
boys basketball team and Coach Jim Super be congratulated and commended for winning
the 1998 Kansas State High School Activities Association Class 6A State Basketball Cham-
pionship; and
Be it further resolved: That the Secretary of the Senate be directed to send five enrolled
copies of this resolution to Dr. Karl Krawitz, Principal, Olathe East High School, 14545 W.
127th, Olathe, Kansas 66062.
On emergency motion of Senator Brownlee SR 1865 was adopted unanimously.
Senators Lawrence, Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harring-
ton, Hensley, Huelskamp, Jones, Jordan, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty,
Praeger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson, Umbarger
and Vidricksen introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1866--
A RESOLUTION congratulating and commending Kansas students achieving
perfect ACT test scores.
WHEREAS, Of 645,000 American high school students who took college entrance ACT
examinations last fall, 27 had perfect scores of 36 with five of those being Kansans; and
WHEREAS, The five Kansas students achieving perfect ACT test scores were Scott
Benolkin of Shawnee Mission West High School, Adam Chmelka of Washburn Rural High
School, Timothy Clark of Hoisington (home schooled), Katie Mitchell of Wichita High
School East and Anna Perleberg of Wichita High School East; and
WHEREAS, Kelley Hayden, ACT director of communications, stated the possibility of
getting a perfect ACT score is about one in 20,000 and that Kansas had an unusually high
number of students achieving perfect scores; and
WHEREAS, The Kansas high school students achieving perfect ACT scores, their par-
ents and the educators involved are deserving of recognition for their joint efforts in this
great academic achievement: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Scott Benolkin, Adam Chmelka, Timothy Clark, Katie Mitchell and Anna Perleberg for
receiving perfect scores on the ACT test; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Scott Benolkin, 16200 W. 79th Terrace, Lenexa, Kansas
66219, Adam Chmelka, 6032 SW 23rd Terr., Topeka, Kansas 66614, Timothy Clark, 1112
N. Main St., Hoisington, Kansas 67544, Katie Mitchell, 2451 Longwood Circle, Wichita,
Kansas 67226 and Anna Perleberg, 2246 Longwood Circle, Wichita, Kansas 67226.
On emergency motion of Senator Lawrence SR 1866 was adopted unanimously.
Senators Clark, Corbin, Morris and Salmans, Becker, Bleeker, Brownlee, Feleciano,
Huelskamp and Lee introduced the following Senate Resolution, which was read:
SENATE RESOLUTION No. 1867--
A RESOLUTION authorizing the Legislative Coordinating Council to intervene in the
Shawnee County District Court case, State ex rel. Stovall v. The Kansas Department of Revenue.
WHEREAS, The state legislature has expressed specific public policy in establishing a
statewide property tax valuation system; and
WHEREAS, The constitutionality of the statewide system of property tax valuation has
been challenged in an action filed by the Kansas Attorney General; and
WHEREAS, Legal action on behalf of the Legislature to ensure the constitutionality of
the statewide system of property tax valuation and to uphold the public policy goals ex-
pressed therein is desirable; and
WHEREAS, During the legislative session one house of the legislature must pass a res-
olution authorizing the Legislative Coordinating Council to file or to intervene in a lawsuit,
pursuant to K.S.A. 46-1224: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That the Kansas attorney general
move for dismissal in the Shawnee County District Court case, styled State ex rel. Stovall v. The Kansas Department of Revenue, case number 92 CV 796;
Be it further resolved: That the Legislative Coordinating Council is authorized to inter-
vene in the Shawnee County District Court case, styled State ex rel. Stovall v. The Kansas Department of Revenue, case number 92 CV 796 in the event that the aforementioned
motion for dismissal is denied. The intervention shall be assisted by the secretary of agri-
culture, the chairperson of the use-value advisory committee and a person designated by
the chairperson; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to the Chairperson of the Legislative Coordinating Council.
REPORT ON ENGROSSED BILLS
SB 400, 485 reported correctly engrossed May 1, 1998.
Also, SB 220 correctly re-engrossed May 1, 1998.
REPORT ON ENROLLED BILLS
SR 1859, 1860, 1861, 1862, 1863, 1864 reported correctly enrolled, properly signed
and presented to the Secretary of the Senate on May 1, 1998.
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 694; S. Sub. HB 2422; HB 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2 3/ constitutional majority,
and SB 694; S. Sub. HB 2422; HB 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034 were advanced to Final Action, subject to amendment, debate and roll call.
SB 694, An act concerning alcoholic beverages; relating to the regulation and consump-
tion thereof; amending K.S.A. 41-330, 41-2610 and 41-2623 and K.S.A. 1997 Supp. 41-311,
41-719, as amended by section 8 of 1998 House Bill No. 2899, and repealing the existing
sections, was considered on final action.
The bill was amended by adoption of the committee amendments.
The bill was further amended by motion of Senator Oleen on page 5, in line 6, following
``who'', by inserting ``willfully'', also in line 6, following ``or'', by inserting ``willfully'';
On page 8, in line 43, following ``licensee'', by inserting ``willfully'', also in line 43, follow-
ing ``or'', by inserting ``willfully'';
On page 9, in line 40, by striking ``Fail'', by inserting ``Willfully fail'', also in line 40,
following ``or'', by inserting ``willfully'';
On page 11, in line 24, following ``who'', by inserting ``willfully'', also in line 24, following
``or'', by inserting ``willfully''
The bill was further amended by motion of Senator Emert on page 3, by striking all in
lines 19 through 43;
By renumbering sections accordingly;
On page 11, by striking ``, 41-2623 and 75-3765a'' and inserting ``and 41-2623'';
In the title, by striking all in lines 15 through 19 and inserting:
``AN ACT concerning alcoholic beverages; relating to the regulation and consumption
thereof; amending K.S.A. 41-330, 41-2610 and 41-2623 and K.S.A. 1997 Supp. 41-311,
41-719, as amended by section 8 of 1998 House Bill No. 2899, and repealing the existing
sections.''
On roll call, the vote was: Yeas 24, nays 16, present and passing 0; absent or not voting
0.
S. Sub. for HB 2422, An act concerning corporations; relating to filing of certain doc-
uments; recording with register of deeds; amending K.S.A. 17-1637, 17-1638, 17-2030,
17-2033, 17-2037, 17-5545, 17-5548, 17-5556, 17-6005, 17-6204, 17-6205, 17-6206, 17-
6701, 17-6702, 17-6703, 17-6704, 17-6705, 17-6804, 17-7001, 17-7002, 17-7204 and 17-7302
and K.S.A. 1997 Supp. 17-7706 and repealing the existing sections, as amended by adoption
of the committee report recommending a substitute bill, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3026, An act concerning nonhighway vehicles; amending K.S.A. 1997 Supp. 8-198
and repealing the existing section; also repealing K.S.A. 1997 Supp. 8-198a, was considered
on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3027, An act concerning corrections; resolving conflicting amendments; amending
K.S.A. 75-5291 and repealing the existing section; also repealing K.S.A. 75-5291a, was con-
sidered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3028, An act concerning the Kansas parimutuel racing act; amending K.S.A. 1997
Supp. 74-8802 and repealing the existing section; also repealing K.S.A. 1997 Supp. 74-8802a,
74-8802b and 74-8813a, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3029, An act amending the uniform commercial code; definitions; amending K.S.A.
84-1-201 and repealing the existing section; also repealing K.S.A. 84-1-201a, was considered
on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3030, An act concerning the Kansas commission on veterans affairs; relating to of-
ficers and employees; amending K.S.A. 1997 Supp. 73-1210a and repealing the existing
section; also repealing K.S.A. 1997 Supp. 73-1210b, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3031, An act concerning the Kansas economic opportunity initiatives fund; amending
K.S.A. 1997 Supp. 74-50,151 and repealing the existing section; also repealing K.S.A. 1997
Supp. 74-50,151a, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3032, An act concerning the employment security law; amending K.S.A. 1997 Supp.
44-710 and repealing the existing section; also repealing K.S.A. 1997 Supp. 44-710j, was
considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
HB 3033, An act concerning courts; resolving conflicting amendments; amending K.S.A.
1997 Supp. 20-302b and repealing the existing section; also repealing K.S.A. 1997 Supp. 20-
302c, was considered on final action.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
On motion of Senator Langworthy, the Senate acceded to the request of the House for
a conference on HB 2684.
The President appointed Senators Langworthy, Corbin and Lee as conferees on the part
of the Senate.
On motion of Senator Oleen, the Senate acceded to the request of the House for a
conference on HB 2739.
The President appointed Senators Oleen, Harrington and Jones as conferees on the part
of the Senate.
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 ORIGINAL MOTIONS AND SENATE RESOLUTIONS
Senators Bond and Hensley introduced the following Senate resolution, which was read:
SENATE RESOLUTION No. 1868--
A RESOLUTION congratulating and commending Gloria Timmer.
WHEREAS, After years of devoted service to the state of Kansas, Gloria Timmer is
leaving her position as Director of the Budget to become Executive Director of the National
Association of State Budget Officers, effective June 1, 1998; and
WHEREAS, Gloria Timmer has earned our respect and appreciation in her service as
Director of the Budget since July 1991, and demonstrated clearly her broad range of abilities
when she also assumed the responsibilities for Secretary of Administration from May 1994
to January 1995. She also offered distinguished service as a Principal Analyst for the Division
of the Budget and as a Legislative Fiscal Analyst for the Legislative Research Department;
and
WHEREAS, Gloria Timmer has provided leadership in areas outside the budget office
by her service to the Kansas Information Resource Council and the University of Kansas
School of Social Welfare Policy Advisory Board. She also served on the Kansas Health Care
Commission. She has been a member of the Executive Committee of the National Associ-
ation of State Budget Officers since 1992, as Chair of its Health, Human Services and Justice
Committee and is the organization's immediate past President; and
WHEREAS, Gloria Timmer has a Bachelor of Arts degree from Hope College in Hol-
land, Michigan, and a Masters of Business Administration degree from Phillips University.
She has two daughters, Tracy and Jennifer; and
WHEREAS, Gloria Timmer has provided outstanding guidance and leadership as the
state's budget director with unquestioned integrity and unfailing professionalism. Her early
employment experience with the state of Kansas provided the knowledge and expertise to
contribute toward the state's recent years of tremendous fiscal success. She leaves the state
during a year in which the legislature is able to pass record setting reductions in taxes while
continuing to provide the full support of state operations. Her involvement in activities
outside the domain of her office have been of benefit to the state, and in her new position
will benefit the entire nation: Now, therefore,
Be it resolved by the Senate of the State of Kansas: That we congratulate and commend
Gloria Timmer for her several years of outstanding service to the state of Kansas; and
Be it further resolved: That the Secretary of the Senate be directed to provide an en-
rolled copy of this resolution to Gloria Timmer, Director of the Budget, First Floor, Capitol
Building, Topeka, Kansas 66612-2210.
On emergency motion of Senator Emert SR 1868 was adopted unanimously.
Senator Hensley expressed appreciation for the outstanding service rendered to the State
of Kansas by Gloria Timmer, and emphasized the high esteem in which she is held by her
staff.
President Bond commended Ms. Timmer for the dedication, loyalty and friendship main-
tained throughout her tenure in office.
Governor Graves wished Ms. Timmer well on her future plans, but regreted the loss of
an outstanding public official.
MESSAGE FROM THE HOUSE
Announcing passage of HB 3035, 3036.
The House adopts the conference committee report on SB 262.
The House adopts the conference committee report on HouseSubstitute for SB 439.
The House adopts the conference committee report on Substitute for SB 573.
The House accedes to the request of theSenate for a conference on SB 449 and has
appointed Representatives Carmody, Presta and Garner as second conferees on the part of
the House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 3035, 3036 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
On motion of Senator Kerr the Senate nonconcurred in the House amendments to H. Sub. for SB 643 and requested a conference committee be appointed.
The President appointed Senators Kerr, Salisbury and Petty as a conference committee
on the part of the Senate.
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 262, H. Sub. SB 439; Sub. SB 573; HB 2837.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 262, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee amendments,
as follows:
On page 1, by striking all in lines 17 through 43;
By striking all on pages 2 through 8;
On page 9, by striking all in lines 1 through 36 and inserting the following new sections:
``Section 1. K.S.A. 20-334 is hereby amended to read as follows: 20-334. (a) Subject to
the provisions of K.S.A. 20-2909 and amendments thereto, any person who is elected, re-
tained in office or appointed as a district judge shall:
(1) Have been regularly admitted to practice law in the state of Kansas;
(2) be a resident of the judicial district for which elected or appointed to serve at the
time of taking the oath of office and shall maintain residency in the judicial district while
holding office; and
(3) for a period of at least five years, have engaged in the active practice of law as a
lawyer, judge of a court of record or any court in this state, full-time teacher of law in an
accredited law school or any combination thereof.
(b) Except as provided by subsection (c), any person who is elected, retained in office
or appointed as a district magistrate judge shall:
(1) Be a graduate of a high school or secondary school or the equivalent thereof;
(2) be a resident of the county for which elected or appointed to serve; and
(3) if not regularly admitted to practice law in Kansas, be certified by the supreme court,
in the manner prescribed by K.S.A. 20-337 and amendments thereto, as qualified to serve
as a district magistrate judge.
(c) Any person who is elected, retained in office or appointed as a district magistrate judge pursuant to the provisions of K.S.A. 20-355 and amendments thereto, shall:
(1) Have been regularly admitted to practice law in the state of Kansas; and
(2) be a resident of the county for which elected or appointed to serve.
Sec. 2. K.S.A. 20-337 is hereby amended to read as follows: 20-337. Any person who
takes office as district magistrate judge on January 10, 1977, and any person who thereafter
is elected or appointed to the office of district magistrate judge other than a person elected, retained in office or appointed as a district magistrate judge pursuant to the provisions of K.S.A. 20-355 and amendments thereto and, in either event, and who has not been regularly
admitted to practice law in Kansas, as required by subsection (c)(3) (b)(3) of K.S.A. 20-334,
shall be issued a temporary certificate permitting such judge to commence upon the duties
of office, conditioned that such judge becomes certified as being qualified to hold such
office, as provided herein in this section. The supreme court shall provide by rule for the
examination of such district magistrate judges, in order to ensure that each such district
magistrate judge possesses the minimum skills and knowledge necessary to carry out the
duties of such office. Such examination shall be administered without charge, and shall be
given at least once each six months at a time and place designated by the supreme court. If
a district magistrate judge fails to successfully complete such examination within eighteen (18) 18 months after the date said such judge takes office, said such judge shall forfeit his or her such district magistrate judge's office and the district magistrate judge position for
which such judge was elected or appointed shall be vacant at the expiration of such eighteen month 18-month period. A district magistrate judge who fails to successfully complete any
examination may take such examination again at the next time it is offered prior to the
expiration of such eighteen-month 18-month period. Any person who fails to successfully
complete the examination within the prescribed time shall be ineligible for election or
appointment as a district magistrate judge, unless such person subsequently meets all the
qualifications prescribed by subsection (c)(3) (b)(3) of K.S.A. 20-334 and amendments thereto.
Any person who successfully completes the examination administered under this section
shall be certified by the supreme court as qualified to hold such office. Any district magis-
trate judge who has been so certified shall be eligible for reelection or retention in office
as provided in this act.
The supreme court shall prepare a manual which shall contain the substantive and pro-
cedural rules of law and principles of judicial conduct which are deemed necessary to be
understood and practiced by a district magistrate judge. Such manual shall be given to each
district magistrate judge who is required to be examined under this section subsequent to
the time of such judge's election or appointment. From time to time, as the necessity arises,
such manual shall be amended and supplemented to reflect changes in the law or code of
judicial conduct.
Sec. 3. K.S.A. 20-355 is hereby amended to read as follows: 20-355. (a) On or before
April 15 of every even-numbered year, the supreme court shall examine the need for more
or less divisions or district magistrate judge positions of the district court in each judicial
district which has not approved the proposition of nonpartisan selection of district judges of the district court, as provided in K.S.A. 20-2901, and amendments thereto, and. On or
before May 15 of each year, the supreme court shall examine the need for more or less
divisions or positions of the district court in judicial districts which have approved such
proposition. Whenever the supreme court shall determine that in order to effectively ex-
pedite the business of the district court in any judicial district in this state, the need exists
for an additional district judge of the district court and an additional division of or position in such court, the supreme court shall so certify to the secretary of state, and where the
need for such additional district judge of the district court and division or position is in a
judicial district in which such proposition of nonpartisan selection of district court judges of the district court has been approved, such certification also shall be made to the chairperson
of the district judicial nominating commission of such judicial district. Any additional division or position so certified shall be designated as the next numbered division or position of such
court.
(b) Upon certification of an additional district judge of the district court and an addi-
tional division or position of the district court in any judicial district which has not approved
the proposition of nonpartisan selection of district judges of the district court, the first district
judge of the district court of such new division or position shall be elected at the general
election held in November of the year in which the division or position is determined to be
necessary and such judge shall take office on the second Monday in January of the following
year. No judge of any such new division shall be appointed pending the first election to fill
such office, except that the judge for any division or position created in 1998 shall be selected in accordance with the provisions for filling a vacancy as set forth in K.S.A. 25-312a and amendments thereto.
(c) Upon certification of an additional district judge of the district court and an addi-
tional division or position of the district court in any judicial district which has approved the
proposition of nonpartisan selection of district judges of the district court, the additional
division or position shall be created on July 15 of the year in which such certification is
made, and the additional district judge shall be selected and take office in the manner
prescribed by subsection (b) of K.S.A. 20-2913, and amendments thereto. The additional position shall be created on July 1 of the year in which the position is approved, and the additional district magistrate judge shall be selected and take office in the manner prescribed by K.S.A. 20-2914 and amendments thereto.
(d) The supreme court shall determine the county or judicial district in which the newly created division or position shall be placed.
(e) Any district magistrate judge position created by this section shall be subject to the provisions of subsection (c) of K.S.A. 20-334 and amendments thereto in addition to any other applicable provision of law.
(f) Any additional district judge or district magistrate judge position created by this
section shall be considered a position created by the supreme court and not a civil appoint-
ment to a state office pursuant to K.S.A. 46-234, and amendments thereto.
Sec. 4. K.S.A. 22a-105 is hereby amended to read as follows: 22a-105. Each of the
district attorneys elected under this act pursuant to the provisions of K.S.A. 22a-101 et seq. and amendments thereto shall receive an annual salary equal to in the amount of no less than the salary provided for district judges in K.S.A. 75-3120g, and any amendments thereto.
The salary of each district attorney shall be paid by the county comprising the judicial district
in which he or she the district attorney is elected in equal monthly installments and in the
manner county officers and employees are paid. The district attorneys and their deputies
and assistants shall be reimbursed for their actual travel and subsistence expenses incurred
while in the performance of their official duties within or without the district. A county may continue to supplement a district attorney's salary only until the expiration of such district attorney's present term of office.
Sec. 5. K.S.A. 43-158 is hereby amended to read as follows: 43-158. The following
persons shall be excused from jury service: (a) Persons unable to read, write, and understand
the English language with a degree of proficiency sufficient to fill out respond to a jury
questionnaire form prepared by the commissioner;
(b) persons under adjudication of incompetency; and
(c) persons who within ten (10) 10 years immediately preceding have been convicted
of or pleaded guilty, or nolo contendere, to an indictment or information charging a felony.
Sec. 6. K.S.A. 43-161 is hereby amended to read as follows: 43-161. Each jury com-
missioner may require any person summoned for jury duty whose name has been selected for a jury list prepared in accordance with the provisions of K.S.A. 43-162 and amendments thereto to answer in writing such questions as he the commissioner may address to such
person, touching his relating to such person's name, age, residence, occupation and quali-
fications as a juror, with a view to the due and faithful jury service of such person; and also all such questions as to involving similar matters touching relating to all persons in his household living in such person's residence.
Any such person summoned for jury duty who shall fail or refuse whose name has been selected for a jury list who fails or refuses to answer such questions in writing, and signing his such person's name thereto, shall be cited for contempt of court.
Any such person summoned for jury duty whose name has been selected for a jury list
who shall willfully or corruptly make makes false answers to such questions put to him such person by the jury commissioner shall be deemed to be guilty of a class A nonperson mis-
demeanor.
Sec. 7. K.S.A. 20-334, 20-337, 20-355, 22a-105, 43-158 and 43-161 are hereby re-
pealed.'';
And by renumbering sections accordingly;
On page 1, in the title, by striking all in lines 10 through 14 and inserting ``AN ACT
concerning courts; relating to additional district magistrate positions; district attorneys, sal-
ary; jurors, qualifications and questionnaires; amending K.S.A. 20-334, 20-337, 20-355, 22a-
105, 43-158 and 43-161 and repealing the existing sections.'';
And your committee on conference recommends the adoption of this report.
Tim Carmody
Terry P. Presta
Jim D. Garner
Conferees on part of House
Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee report on SB 262.
On roll call, the vote was: Yeas 15, nays 25, present and passing 0; absent or not voting
0.
Mr. President: The issue of additional requirements for District Magistrate Judges was
not introduced as legislation this session, it did not have a hearing and did not pass either
house of this legislature. These proposed requirements introduce new material and are
contrary to the rules this Legislature has adopted to govern the functioning of this body.
Additionally, there is a special commission that is currently studying the reorganization
of the entire court system and the actions we are asked to support in this conference com-
mittee report are premature. This commission is to report before the next Legislative session
begins. For these reasons I vote No on Conference Committee Report on SB 262.--Stan
Clark
Senators Donovan, Gilstrap, Ranson, Salmans and Tyson request the record to show they
concur with the ``Explanation of Vote'' offered by Senator Clark on SB 262.
Having voted on the prevailing side, Senator Huelskamp moved the senate reconsider its
action on SB 262. The motion carried.
Senator Emert moved the Senate not adopt the Conference Committee Report on SB 262, and requested a new conference committee be appointed.
The motion carried and the President appointed Senators Emert, Schraad and Goodwin
as second conferees on the part of the senate on SB 262.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 439, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 1, by striking lines 19 to 40, inclusive, and inserting the following section:
``Section 1. K.S.A. 1997 Supp. 40-2,105 is hereby amended to read as follows: 40-2,105.
(a) On or after the effective date of this act, every insurer which issues any individual or
group policy of accident and sickness insurance providing medical, surgical or hospital ex-
pense coverage for other than specific diseases or accidents only and which provides for
reimbursement or indemnity for services rendered to a person covered by such policy in a
medical care facility, must provide for reimbursement or indemnity under such individual
policy or under such group policy, except as provided in subsection (d), which shall be
limited to not less than 30 days per year when such person is confined for treatment of
alcoholism, drug abuse or nervous or mental conditions in a medical care facility licensed
under the provisions of K.S.A. 65-429 and amendments thereto, a treatment facility for
alcoholics licensed under the provisions of K.S.A. 65-4014 and amendments thereto, a treat-
ment facility for drug abusers licensed under the provisions of K.S.A. 65-4605 and amend-
ments thereto, a community mental health center or clinic licensed under the provisions of
K.S.A. 75-3307b and amendments thereto or a psychiatric hospital licensed under the pro-
visions of K.S.A. 75-3307b and amendments thereto. Such individual policy or such group
policy shall also provide for reimbursement or indemnity, except as provided in subsection
(d), of the costs of treatment of such person for alcoholism, drug abuse and nervous or
mental conditions, limited to not less than 100% of the first $100, 80% of the next $100
and 50% of the next $1,640 in any year and limited to not less than $7,500 in such person's
lifetime, in the facilities enumerated when confinement is not necessary for the treatment
or by a physician licensed or psychologist licensed to practice under the laws of the state of
Kansas.
(b) For the purposes of this section ``nervous or mental conditions'' means disorders
specified in the diagnostic and statistical manual of mental disorders, fourth edition, (DSM-
IV, 1994) of the American psychiatric association but shall not include conditions not at-
tributable to a mental disorder that are a focus of attention or treatment (DSM-IV, 1994).
(c) The provisions of this section shall be applicable to health maintenance organizations
organized under article 32 of chapter 40 of the Kansas Statutes Annotated.
(d) There shall be no coverage under the provisions of this section for any assessment
against any person required by a diversion agreement or by order of a court to attend an
alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments
thereto.
(e) The provisions of this section shall not apply to any medicare supplement policy of
insurance, as defined by the commissioner of insurance by rule and regulation.
(f) The provisions of this section shall be applicable to the Kansas state employees health
care benefits program developed and provided by the Kansas state employees health care
commission.
(g) The outpatient coverage provisions of this section shall not apply to a high deductible
health plan as defined in Section 301 of P.L. 104-191 and any amendments thereto if such
plan is purchased in connection with a medical savings account pursuant to that act. After
the amount of eligible deductible expenses have been paid by the insured, the outpatient
costs of treatment of the insured for alcoholism, drug abuse and nervous or mental condi-
tions shall be paid on the same level they are provided for a medical condition, subject to the yearly and lifetime maximums provided in subsection (a).'';
On page 5, in line 17, by striking ``section 1'' and inserting ``sections 28 and 30'';
On page 24, in line 4, by striking ``coverage'' and inserting ``enrollment'';
On page 26, in line 17, by striking ``coverage'' and inserting ``enrollment'';
On page 46, in line 29, by striking ``act'' and inserting ``section'';
On page 47, following line 28, by inserting the following sections:
``Sec. 29. K.S.A. 1997 Supp. 40-221a is hereby amended to read as follows: 40-221a.
(a) Any insurance company organized under the laws of this state may (1) with the consent
of the commissioner of insurance, cede all of its risks to any other solvent insurance company
authorized to transact business in this state or accept all of the risks of any other company,
(2) accept all or any part of an individual risk or all or any part of a particular class of risks
which it is authorized to insure, and (3) cede all or any part of an individual risk or all or
any part of a particular class of risks to another solvent insurer or insurers having the power
to accept such reinsurance.
(b) Any insurance company organized under the laws of this state may take credit as an
asset or as a deduction from loss and unearned premium reserves on such ceded risks to
the extent reinsured by an insurer or insurers authorized to transact business in this state,
but such credit on ceded risks reinsured by any insurer which is not authorized to transact
business in this state may be taken in an amount not exceeding:
(1) The amount of deposits by, and funds withheld from, the assuming insurer pursuant
to express provision therefor in the reinsurance contract, as security for the payment of the
obligations thereunder, if such deposits or funds are held subject to withdrawal by, and
under the control of, the ceding insurer or are placed in trust for such purposes in a bank
which is insured by the federal deposit insurance corporation or its successor, if withdrawals
from such trust cannot be made without the consent of the ceding company;
(2) the amount of a clean and irrevocable letter of credit issued by a bank which is
insured by the federal deposit insurance corporation or its successor if such letter of credit
is initially issued for a term of at least one year and by its terms is automatically renewed
at each expiration date for at least an additional one-year term unless at least 30 days prior
written notice of intention not to renew is given to the ceding company by the issuing bank
or the assuming company and provided that such letter of credit is issued under arrange-
ments satisfactory to the commissioner of insurance as constituting security to the ceding
insurer substantially equal to that of a deposit under paragraph (1) of this subsection; or
(3) the amount of loss and unearned premium reserves on such ceded risks to an as-
suming insurer which maintains a trust fund in a qualified United States financial institution,
as defined in (b)(3)(D), for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns and successors in interest. The assuming insurer shall
report annually to the commissioner information substantially the same as that required to
be reported on the national association of insurance commissioners annual statement form
by licensed insurers to enable the commissioner to determine the sufficiency of the trust
fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account
representing the assuming insurer's liability attributable to business written in the United
States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less
than $20,000,000. In the case of a group including incorporated and individual unincorpor-
ated underwriters, the trust shall consist of a trusteed account representing the group's
liabilities attributable to business written in the United States and, in addition, the group
shall maintain a trusteed surplus of which $100,000,000 shall be held jointly for the benefit
of United States ceding insurers of any member of the group; the incorporated members
of the group shall not be engaged in any business other than underwriting as a member of
the group and shall be subject to the same level of solvency regulation and control by the
group's domiciliary regulator as are the unincorporated members; and the group shall make
available to the commissioner an annual certification of the solvency of each underwriter
by the group's domiciliary regulator and its independent public accountants.
(A) Such trust must be in a form approved by the commissioner of insurance. The trust
instrument shall provide that contested claims shall be valid and enforceable upon the final
order of any court of competent jurisdiction in the United States. The trust shall vest legal
title to its assets in the trustees of the trust for its United States policyholders and ceding
insurers, their assigns and successors in interest. The trust and the assuming group or insurer
shall be subject to examination as determined by the commissioner. The trust, described
herein, must remain in effect for as long as the assuming group or insurer shall have out-
standing obligations due under the reinsurance agreements subject to the trust.
(B) No later than February 28 of each year the trustees of the trust shall report to the
commissioner in writing setting forth the balance of the trust and listing the trust's invest-
ments at the preceding year end and shall certify the date of termination of the trust, if so
planned, or certify that the trust shall not expire prior to the next following December 31.
(C) The credit authorized under subsection (b)(3) shall not be allowed unless the as-
suming group or insurer agrees in the reinsurance agreements:
(i) That in the event of the failure of the assuming group or insurer to perform its
obligations under the terms of the reinsurance agreement, the assuming group or insurer,
at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent
jurisdiction in any state of the United States, will comply with all requirements necessary
to give such court jurisdiction, and will abide by the final decision of such court or of any
appellate court in the event of an appeal; and
(ii) to designate the commissioner or a designated attorney as its true and lawful attorney
upon whom may be served any lawful process in any action, suit or proceeding instituted
by or on behalf of the ceding company.
(iii) This provision is not intended to conflict with or override the obligation of the
parties to a reinsurance agreement to arbitrate their disputes, if such an obligation to do so
is created in the agreement.
(D) A ``qualified United States financial institution'' means, for purposes of those pro-
visions of this law specifying those institutions that are eligible to act as a fiduciary of a trust,
an institution that:
(i) Is organized, or (in the case of a U.S. branch or agency office of a foreign banking
organization) licensed, under the laws of the United States or any state thereof and has been
granted authority to operate with fiduciary powers; and
(ii) is regulated, supervised and examined by federal or state authorities having regu-
latory authority over banks and trust companies.
The foregoing provisions of paragraphs (1), (2) and (3) of subsection (b) shall not apply
to a domestic title insurance company subject to the provisions of K.S.A. 40-1107a and
amendments thereto.
(c) Any reinsurance ceded by a company organized under the laws of this state or ceded
by any company not organized under the laws of this state and transacting business in this
state must, pursuant to express provisions contained in the reinsurance agreement, be pay-
able by the assuming insurer on the basis of the liability of the ceding company under the
contract or contracts reinsured without diminution because of the insolvency of the ceding
company and any such reinsurance agreement which may be canceled on less than 90 days'
notice must provide in the reinsurance agreement for a run-off of the reinsurance in force
at the date of cancellation.
New Sec. 30. (a) Any individual or group health insurance policy, medical service plan,
contract, hospital service corporation contract, hospital and medical service corporation
contract, fraternal benefit society or health maintenance organization which provides cov-
erage for accident and health services and which is delivered, issued for delivery, amended
or renewed on or after July 1, 1998, also, shall provide coverage for prostate cancer screening
for men 40 years of age or over who are symptomatic or in a high-risk category and for all
men 50 years of age or older. The screening shall consist, at a minimum, of a prostate-
specific antigen blood test and a digital rectal examination. A policy, provision, contract,
plan or agreement may apply to prostate cancer screening the same deductibles, coinsurance
and other limitations as apply to other covered services.
(b) The provisions of this section shall not apply to any medicare supplement policy of
insurance, as defined by the commissioner of insurance by rule and regulation, any policy
of long-term care insurance, as defined by K.S.A. 40-2227 and amendments thereto, any
specified disease or specified accident coverage or any accident only coverage as defined by
the commissioner of insurance by rule and regulation, whether written on a group, blanket
or individual basis.'';
Sec. 31. K.S.A. 40-110 is hereby amended to read as follows: 40-110. The commissioner
of insurance is hereby authorized to appoint an assistant commissioner of insurance, actu-
aries, two (2) special attorneys who shall have been regularly admitted to practice, an ex-
ecutive secretary, policy examiners, two (2) field representatives, and a secretary to the
commissioner. Such appointees shall each receive an annual salary to be determined by the
commissioner of insurance, within the limits of available appropriations, but in no case shall such annual salary exceed the salary of the commissioner of insurance as established by law. He but in no case shall any such annual salary exceed the salary of the commissioner of insurance as established by law, except that the commissioner of insurance may appoint two actuaries, who are members in good standing of either the American Academy of Actuaries or the Casualty Actuarial Society or the Society of Actuaries, whose annual salaries may exceed the annual salary of the commissioner. The commissioner is also authorized to ap-
point, within the provisions of the civil service law, and available appropriations, such other
employees as shall be necessary to administer the provisions of this act. The field represen-
tatives authorized by this section may be empowered to conduct inquiries, investigations,
or to receive complaints: Provided, however, That such. Such field representatives shall not
be empowered to make, or direct to be made, an examination of the affairs and financial
condition of any insurance company in the process of organization, or applying for admission
or doing business in this state.
The appointees herein provided for authorized by this section shall take the proper official
oath and shall be in no way interested, except as policyholders, in any insurance company.
In the absence of the commissioner of insurance the assistant commissioner shall perform
the duties of the commissioner of insurance, but shall in all cases execute papers in the
name of the commissioner of insurance, by himself as assistant. The commissioner of in-
surance shall be responsible for all acts of an official nature done and performed by his the commissioner's assistant or any person employed in his such office. All the appointees au-
thorized by this section shall hold their office at the will and pleasure of the commissioner
of insurance.
Sec. 32. K.S.A. 1997 Supp. 40-112 is hereby amended to read as follows: 40-112. (a)
For the purpose of maintaining the insurance department and the payment of expenses
incident thereto, there is hereby established the insurance department service regulation
fund in the state treasury which shall be administered by the commissioner of insurance.
All expenditures from the insurance department service regulation fund shall be made in
accordance with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the commissioner of insurance or by a person or
persons designated by the commissioner.
(b) On and after the effective date of this act, all fees received by the commissioner of
insurance pursuant to any statute and the portion of taxes received pursuant to K.S.A. 40- 252 and amendments thereto, which is certified by the commissioner of insurance to be necessary for the purposes of the insurance department service regulation fund and which, together with the total amount of fees deposited to the credit of the insurance department service regulation fund pursuant to this subsection, does not total more than $4,800,000 for any fiscal year, and 1% of taxes received pursuant to K.S.A. 40-252 and amendments thereto
shall be remitted to the state treasurer for deposit in the state treasury and credited to the
insurance department service regulation fund. The total amount credited to the insurance department service regulation fund pursuant to this subsection for any fiscal year shall not exceed $4,800,000.
(c) Except as otherwise provided by this section, the commissioner of insurance shall
make an annual assessment for the fiscal year ending June 30, 1993, and for each fiscal year thereafter, on each group of affiliated insurers whose certificates of authority to do business
in this state are in good standing at the time of the assessment. The total amount of all such
assessments for a fiscal year shall be equal to the amount sufficient which, when combined
with the total amount to be credited to the insurance department service regulation fund
pursuant to subsection (b) is equal to the amount approved by the legislature to fund the
insurance company regulation program. With respect to each group of affiliated insurers,
such assessment shall be in proportion to the amount of total assets of the group of affiliated
insurers as reported to the commissioner of insurance pursuant to K.S.A. 40-225 and amend-
ments thereto for the immediately preceding calendar year, shall not be less than $500 and
shall not be more than the amount equal to .0000015 of the amount of total assets of the
group of affiliated insurers or $25,000, whichever is less. The total assessment for any fiscal
year after the fiscal year ending June 30, 1993, shall not increase by any amount greater
than 15% of the total budget approved by the legislature to fund the insurance company
regulation program for the fiscal year immediately preceding the fiscal year for which the
assessment is made. In the event the total amount of the assessment would be less than the
aggregate amount resulting by assessing the $500 minimum on each insurer, the commis-
sioner may establish a lower minimum to be assessed equally on each insurer.
(d) Assessments payable under this section shall be past due if not paid to the insurance
department within 45 days of the billing date of such assessment. A penalty equal to 10%
of the amount assessed shall be imposed upon any past due payment and the total amount
of the assessment and penalty shall bear interest at the rate of 1.5% per month or any
portion thereof.
(e) On or after July 1, 1992, when When there exists in the insurance department service
regulation fund a deficiency which would render such fund temporarily insufficient during
any fiscal year to meet the insurance department's funding requirements, the commissioner
of insurance shall certify the amount of the insufficiency. Upon receipt of any such certifi-
cation, the director of accounts and reports shall transfer an amount of moneys equal to the
amount so certified from the state general fund to the insurance department service regu-
lation fund. On June 30 of any fiscal year during which an amount or amounts are certified
and transferred under this subsection, the director of accounts and reports shall provide for
the repayment of the amounts so transferred and shall transfer the amount equal to the
total of all such amounts transferred during the fiscal year from the insurance department
service regulation fund to the state general fund.
(f) Any unexpended balance in the insurance department service regulation fund at the
close of a fiscal year shall remain credited to the insurance department service regulation
fund for use in the succeeding fiscal year and shall be used to reduce future assessments or
to accommodate cash flow demands on the fund.
(g) The commissioner of insurance shall exempt the assessment of any insurer which,
as of December 31 of the calendar year preceding the assessment, has a surplus of less than
two times the minimum amount of surplus required for a certificate of authority on and
after May 1, 1994, and which is subject to the premium tax liability imposed on insurers
organized under the laws of this state. The commissioner of insurance may also exempt or
defer, in whole or in part, the assessment of any other insurer if, in the opinion of the
commissioner of insurance, immediate payment of the total assessment would be detrimen-
tal to the solvency of the insurer.
(h) As used in this section:
(1) ``Affiliates'' or ``affiliated'' has the meaning ascribed by K.S.A. 40-3302 and amend-
ments thereto;
(2) ``group'' or ``group of affiliated insurers'' means the affiliated insurers of a group and
also includes an individual, unaffiliated insurer; and
(3) ``insurer'' means any insurance company, as defined by K.S.A. 40-201 and amend-
ments thereto, any fraternal benefit society, as defined by K.S.A. 40-738 and amendments
thereto, any reciprocal or interinsurance exchange under K.S.A. 40-1601 through 40-1614
and amendments thereto, any mutual insurance company organized to provide health care
provider liability insurance under K.S.A. 40-12a01 through 40-12a09 and amendments
thereto, any nonprofit dental service corporation under K.S.A. 40-19a01 through 40-19a14
and amendments thereto, any nonprofit medical and hospital service corporation under
K.S.A. 40-19c01 through 40-19c11 and amendments thereto, any health maintenance or-
ganization, as defined by K.S.A. 40-3202 and amendments thereto, or any captive insurance
company, as defined by K.S.A. 40-4301 and amendments thereto, which is authorized to do
business in Kansas.'';
By renumbering sections accordingly;
Also on page 47, in line 29, after ``K.S.A.'', by inserting ``40-110,''; in line 32, by striking
``40-1909,'' and by inserting ``40-112, 40-221a, 40-2,105,'';
In the title, in line 10, by striking ``accident and health''; also in line 10, following ``K.S.A.'',
by inserting ``40-110,''; in line 13, by striking ``40-1909,'' and inserting ``40-112, 40-221a, 40-
2,105,''; in line 16, by inserting before the period ``and K.S.A. 1997 Supp. 40-1909'';
And your committee on conference recommends the adoption of this report.
Dennis Wilson
Robert Tomlinson
Nancy Kirk
Conferees on part of House
Don Steffes
Sandy Praeger
Paul Feleciano, Jr. Conferees on part of Senate
Senator Steffes moved the Senate adopt the Conference Committee report on H. Sub. SB 439.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Mr. President: We have taken a step, although a small step, but a step in the right
direction to call more public attention to a severe medical problem in this state and nation.
Prostate cancer, a silent killer in men during the early stages of its development, can be
eradicated through advance knowledge of its development and growth. I truly appreciate
the effort of the Kansas Legislature in acting on this legislation.--Sherman Jones
Senator Becker requests the record to show he concurs with the ``Explanation of Vote''
offered by Senator Jones on H. Sub. HB 439.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 573, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 7, in line 21, by striking ``and'' and inserting ``or''; by striking all after line 41;
By striking all on page 8;
On page 9, by striking all before line 41;
And by renumbering the remaining sections accordingly;
In the title, in line 16, by striking all after ``telemarketing''; by striking line 17; in line 18,
by striking all before the semicolon;
And your committee on conference recommends the adoption of this report.
Al Lane
Gerald G. Geringer
Janice L. Pauls
Conferees on part of House
Alicia L. Salisbury
Pat Ranson
Jim Barone Conferees on part of Senate
Senator Salisbury moved the Senate adopt the Conference Committee report on Sub. SB 573.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2837, 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 amendments,
as follows:
On page 3, following line 5, by inserting a new section as follows:
``Sec. 3. K.S.A. 1997 Supp. 72-5126 is hereby amended to read as follows: 72-5126. (a)
The board of education of any school district may enter into contracts with:
(1) The governing authority of any nonpublic school or any child-care institution for the
provision of meals for children in attendance at such nonpublic school or child-care insti-
tution; and
(2) the governing body of any municipality for the provision of meals to persons for whom the municipality is responsible for providing meals.
(b) Any such contract entered into by a board of education pursuant to the provisions of this section shall provide for payment by the nonpublic school or, child-care institution, or municipality, as applicable, of the costs incurred by the school district. Moneys received
by a school district under any such contract entered into pursuant to the provisions of this section shall be deposited in the food service fund of the district and may be expended
whether budgeted or not.
(b) (c) The provisions contained in article 51 of chapter 72 of Kansas Statutes Annotated,
except the provisions contained in K.S.A. 72-5117 and 72-5118, and amendments thereto,
shall apply to meals provided by the board of education of a school district under any contract
entered into pursuant to the provisions of this section.
(c) (d) As used in this section, the term ``nonpublic school'' means a nonpublic school
approved by the state board of education for participation in food service programs defined
in K.S.A. 72-5112, and amendments thereto, and the term ``child-care institution'' has the
meaning ascribed thereto in K.S.A. 72-5124, and amendments thereto, and the term ``mu- nicipality'' means any county, township, city, or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.'';
By renumbering sections 3 and 4 as sections 4 and 5, respectively;
Also on page 3, in line 6, by striking ``and'' and inserting a comma; also in line 6, after
``65-508'', by inserting ``and 72-5126'';
In the title, in line 10, after ``concerning'', by inserting ``schools and school districts;
relating to the regulation of''; also in line 10, after the semicolon, by inserting ``authorizing
boards of education to enter into contracts with municipalities for food service;''; in line 11,
after ``503'', by striking ``and'' and inserting a comma; also in line 11, after ``65-508'', by
inserting ``and 72-5126'';
And your committee on conference recommends the adoption of this report.
Barbara Lawrence
Audrey Langworthy
Christine Downey
Conferees on part of Senate
Michael O'Neal
Eugene L. Shore
Bill Reardon Conferees on part of House
Senator Lawrence moved the Senate adopt the Conference Committee report on HB 2837.
On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or not voting 0.