The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Downey was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
It doesn't happen often,
But there always comes a day
When everyone is voting aye
And I am voting nay.
It's really hard to stand alone;
I almost want to hide
When my colleagues and my friends
Are standing on the other side.
There are times I'd rather sit
And never say a word,
But a voice within me whispers,
``It's time you must be heard.''
So help me, Lord, to speak my piece
Before my time has come and gone.
Help me, Lord, to take my stand
Even if I stand alone.
I pray in the Name of Christ,
AMEN
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were referred to Committee as indicated:
Committee of the Whole: HB 3035, 3036.
CHANGE OF REFERENCE
The President withdrew HB 2860 from the Committee on Judiciary, and referred the
bill to the Committee on Elections and Local Government.
COMMUNICATIONS FROM STATE OFFICERS
KANSAS
DEPARTMENT OF HEALTH & ENVIRONMENT
April 30, 1998
In accordance with K.S.A. 65-3321, Gary R. Mitchell, Secretary, Kansas Department of
Health & Environment, submitted the 1997 Annual Report describing how the state has
met the goals and objectives of the Kansas Water Pollution Control program.
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 adoption of HCR 5058.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HCR 5058, A Concurrent Resolution relating to the adjournment of the senate and house
of representatives for a period during the 1998 regular session of the legislature, was there-
upon introduced and read by title.
Senator Emert moved an emergency be declared and HCR 5058 be adopted by voice
vote.
A 2 3/ constitutional majority having failed to vote in favor of the resolution, HCR 5058
was not adopted.
CHANGE OF CONFERENCE
The President announced the appointment of Senator Hensley as a member of the Con-
ference Committee on SB 510 to replace Senator Downey.
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 bill: Sub. HB 2704.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to Substitute for HB 2704, submits the following report:
Your committee on conference agrees to disagree and recommends that a new conference
committee be appointed;
And your committee on conference recommends the adoption of this report.
Dave Kerr
Alicia Salisbury
Conferees on part of Senate
Mike Farmer
Jim Morrison Conferees on part of House
On motion of Senator Kerr, the Senate adopted the conference committee report on Substitute for HB2704, and requested a new conference committee be appointed.
The President appointed Senators Kerr, Salisbury and Petty as a second conference com-
mittee on the part of the Senate on Substitute for HB 2704.
REPORTS OF STANDING COMMITTEES
Committee on Utilities recommends SB 686 be amended by substituting a new bill to
be designated as ``Substitute for SENATE BILL No. 686,'' as follows:
``Substitute for SENATE BILL No. 686
By Committee on Utilities
``AN ACT concerning certain refunds of rates and charges received for reimbursement of ad valorem taxes in connection with the sale of natural gas; providing procedures there-
for.''; and the substitute bill be passed.
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: HB 2758, 3035, 3036.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2 3/ constitutional majority,
and HB 2758, 3035, 3036 were advanced to Final Action, subject to amendment, debate
and roll call.
HB 2758, An act concerning higher education; providing for the Kansas comprehensive
grant program; rescinding the limitation on vocational education scholarships; amending
K.S.A. 72-4461, 72-6816 and 74-3286 and K.S.A. 1997 Supp. 74-32,120, 74-32,121, 74-
32,122, 74-32,123, 74-32,124 and 74-32,125 and repealing the existing sections; also re-
pealing K.S.A. 74-3290 and K.S.A. 1997 Supp. 72-6107, 72-6108, 72-6109, 72-6110, 72-
6111, 72-6112 and 72-6113, was considered on final action.
On roll call, the vote was: Yeas 36, nays 3, present and passing 0; absent or not voting 1.
HB 3035, An act concerning the commission on governmental standards and conduct;
relating to the powers and duties thereof; amending K.S.A. 25-4180, as amended by section
16 of 1998 Substitute for House Bill No. 2662 and 46-280, as amended by section 23 of
1998 Substitute for House Bill No. 2662, and K.S.A. 1997 Supp. 25-4152, as amended by
section 10 of 1998 Substitute for House Bill No. 2662 and 25-4186, as amended by section
18 of 1998 Substitute for House Bill No. 2662 and repealing the existing sections; also
repealing K.S.A. 25-4180, as amended by section 5 of 1998 Senate Bill No. 410, and 46-
280, as amended by section 7 of 1998 Senate Bill No. 410, and K.S.A. 1997 Supp. 25-4152,
as amended by section 4 of 1998 Senate Bill No. 410, and 25-4186, as amended by section
6 of 1998 Senate Bill No. 410, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
HB 3036, An act concerning municipalities; relating to special revenue bonds; amending
K.S.A. 1997 Supp. 12-1771, as amended by section 2 of 1998 House Bill No. 2631 and
12-1775, as amended by section 4 of 1998 House Bill No. 2631, and repealing the existing
sections; also repealing K.S.A. 1997 Supp. 12-1771, as amended by section 1 of 1998 Senate
Bill No. 672 and 12-1775, as amended by section 2 of 1998 Senate Bill No. 672, was con-
sidered on final action.
On roll call, the vote was: Yeas 32, nays 7, present and passing 0; absent or not voting 1.
Announcing, the House adopts the conference committee report onSB 449.
The House adopts the conference committee report on SB 554.
The House adopts the conference committee report on House Substitute for SB 671.
The House adopts the conference committee report on HB 2837.
The House concurs in Senate amendments to Senate Substitute for HB 2422.
The House accedes to the request of the Senate for a conference on SB 262 and has
appointed Representatives Carmody, Presta and Garner as second conferees on the part of
the House.
The House accedes to the request of the Senate for a conference on House Substitute for SB 643 and has appointed Representatives Phil Kline, Farmer and Helgerson as con-
ferees 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 449, 554;H. Sub. for SB 671; HB 2782.
CONFERENCE COMMITTEE REPORT
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, by striking all in lines 38 through 43;
By striking all on page 4;
On page 5, by striking all in line 1 and inserting the following:
``Sec. 4. 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.'';
Also on page 5, in line 3, by striking ``21-4310'' and by inserting ``21-3106, as amended
by section 2 of 1998 House Bill No. 2025,'';
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 cruelty to ani-
''; in line 17, by striking ``mals'' and inserting ``time limitations on prosecutions for certain
crimes''; in line 18, by striking ``21-4310'' and inserting ``21-3106, as amended by section 2
of 1998 House Bill No. 2025,''
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 39, nays 0, present and passing 0; absent or not voting 1.
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 554, 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 all after the enacting clause; by striking pages 2 through 4;
On page 5, by striking all before line 7 and inserting sections as follows:
``Section 1. K.S.A. 1997 Supp. 74-8401, as amended by section 7 of 1998 Senate Bill
No. 487, is hereby amended to read as follows: 74-8401. (a) There shall be allowed as a
credit against the tax imposed by the Kansas income tax act on the Kansas taxable income
of a taxpayer and against the tax imposed by K.S.A. 40-252 and amendments thereto on
insurance companies for cash investment in a certified local seed capital pool an amount
equal to 25% of such taxpayer's cash investment in any such pool in the taxable year in
which such investment is made and the taxable years following such taxable year until the
total amount of the credit is used. The amount by which that portion of the credit allowed
by this section exceeds the taxpayer's liability in any one taxable year may be carried forward
until the total amount of the credit is used. If the taxpayer is a corporation having an election
in effect under subchapter S of the federal internal revenue code or a partnership, the credit
provided by this section shall be claimed by the shareholders of such corporation or the
partners of such partnership in the same manner as such shareholders or partners account
for their proportionate shares of the income or loss of the corporation or partnership.
(b) The total amount of credits allowable pursuant to this section and credits allowable
pursuant to K.S.A. 74-8205, 74-8206 and 74-8304, and amendments thereto, shall be at-
tributable to not more than $50,000,000 of cash investments in Kansas venture capital
companies, Kansas Venture Capital, Inc. and local seed capital pools. With respect to the
additional amount of cash investments made eligible for tax credits by this act, $10,000,000
of such amount shall be dedicated and reserved until December 31, 1990, for cash invest-
ments in a seed capital fund or funds in which the Kansas technology enterprise corporation,
or its subsidiaries, is an investor. The $50,000,000 amount of cash investments now eligible
for the tax credits allowed pursuant to this section and K.S.A. 74-8205, 74-8206 and 74-
8304 and amendments thereto shall be reduced to the extent that the total amount of cash
investments received by such seed capital fund or funds before January 1, 1991, is less than
$10,000,000. However, any such credits which were not claimed for investments made prior
to January 1, 1991, may be allowed to a taxpayer for cash investment made in Kansas Venture
Capital, Inc. pursuant to K.S.A. 74-8205 and 74-8206, and amendments thereto, not to
exceed $2,595,236 of the $10,000,000 reserved under this subsection for investment in seed
capital funds in which the Kansas technology enterprise corporation or its subsidiaries was
an investor. A taxpayer may also be allowed a credit for cash investment made pursuant to K.S.A. 74-8304, and amendments thereto not to exceed $6,012,345 of the $10,000,000 re- served under this subsection if such taxpayer first purchases the entire interest of the Kansas technology enterprise corporation or its subsidiaries in Kansas venture capital companies established prior to January 1, 1991. However, no credit shall be allowed for cash investment which results in the purchase of the interest of the Kansas technology enterprise corporation or its subsidiaries in Kansas venture capital companies established prior to January 1, 1991.
(c) As used in this section, (1) ``local seed capital pool'' means money invested in a fund
established to provide funding for use by small businesses for any one or more of the
following purposes: (A) Development of a prototype product or process; (B) a marketing
study to determine the feasibility of a new product or process; or (C) a business plan for
the development and production of a new product or process;
(2) ``Kansas business'' means any small business owned by an individual, any partnership,
association or corporation domiciled in Kansas, or any corporation, even if a wholly owned
subsidiary of a foreign corporation, that does business primarily in Kansas or does substan-
tially all of its production in Kansas.
(d) No credit from income tax liability shall be allowed for cash investment in a local
seed capital pool unless: (1) The amount of private cash investment therein is $200,000 or
more; (2) the moneys necessary to administer and operate the pool are funded from sources
other than the private and public cash investments; and (3) funds invested by the local seed
capital pool shall be invested at 100% in Kansas businesses.
(e) Public funds may be invested in a local seed capital pool except that each dollar of
public funds, other than that which may be used to administer and operate a pool, shall be
matched by not less than $2 of private cash investment. Public funds shall have a senior
position to any private cash investment and may receive a lower rate of return than that
allowable for a private cash investment.
(f) The provisions of this section, and amendments thereto, shall be applicable to all
taxable years commencing after December 31, 1986.
Sec. 2. K.S.A. 1997 Supp. 74-8401, as amended by section 7 of 1998 Senate Bill No.
487, is hereby repealed.'';
And by renumbering the existing section;
In the title, in line 17, by striking all after ``amending''; in line 18, by striking all before
``and'' and inserting ``K.S.A. 1997 Supp. 74-8401, as amended by section 7 of 1998 Senate
Bill 487,''; also in line 18, by striking ``sections'' and inserting ``section'';
And your committee on conference recommends the adoption of this report.
William G. Mason
Jene Vickrey
Broderick Henderson
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 SB 554.
On roll call, the vote was: Yeas 38, nays 0, present and passing 1; absent or not voting 1.
Mr. President: I am passing on SB 554 because if the KTEC Board of Directors decides
to sell the KTEC interest in Ad Astra I & II it would be my intention, together with a group
of other investors to bid on those interests. I am not a member of the KTEC board but
have had a long association with the organization in the past.
I resigned from the board when I first began seeing in the press that some legislators
wanted KTEC to divest itself of its Ad Astra ownership. Although I have some doubt that
is a good idea, there could be a significant advantage for some portfolio companies if an
investor were to buy the KTEC Ad Astra interests who would potentially invest additional
funds in those companies. That is a role denied to KTEC by the Legislature so if new
investors could provide that kind of funding, it could be a great benefit. The bill seems to
encourage that kind of investment and it would be my intention to explore the investment
potential.
It is because of this future potential conflict of interest that I ``pass'' on SB 554.--Dave
Kerr
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to House Substitute for SB 671, 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 all in lines 16 through 19;
And by renumbering sections accordingly;
On page 3, in line 23, by striking all after ``violence''; in line 24, by striking all before the
period;
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
Edward W. Pugh
Greta Goodwin Conferees on part of Senate
Senator Emert moved the Senate adopt the Conference Committee report on H. Sub. for SB 671.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2782, 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, by striking all in line 43;
On page 2, by striking all in lines 1 through 20 and inserting a new subsection:
``(d) (1) A vehicle may be loaded with bales of hay which shall not exceed 12 feet in
width and a height as authorized by K.S.A. 8-1904, and amendments thereto, but vehicles
so loaded shall not be moved on any highway designated as a part of the national network
of highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments
thereto, or under paragraph (2) of this subsection.
(2) A farm vehicle may be loaded with bales of hay which shall not exceed 12 feet in
width and a height as authorized by K.S.A. 8-1904, and amendments thereto, but vehicles
so loaded shall not be moved on any highway designated as a part of the national system of
interstate and defense highways. As used in this paragraph ``farm vehicle'' means a truck or
truck tractor registered under K.S.A. 8-143, and amendments thereto, as a farm truck or
truck tractor and used in combination with any type of trailer or semitrailer.
(3) Any such vehicles under paragraphs (1) or (2) so loaded shall not be moved during
the period beginning 30 minutes after sunset and ending 30 minutes before sunrise. Any
vehicle loaded with bales of hay as authorized by the exception in this subsection, with the
load extending beyond 81/2 feet, shall have attached thereto a sign which states ``OVERSIZE
LOAD'' and the dimensions of the sign shall be a minimum of seven feet long and 18 inches
high. Letters shall be a minimum of 10 inches high with a brush stroke of not less than 12/5
inches. The sign shall be readily visible from a distance of 500 feet and shall be removed
when the vehicle or load does not exceed the legal width. Each vehicle shall be equipped
with red flags on all four corners of the oversized load.'';
On page 3, in line 38, by striking all following ``(2)'' and inserting ``twenty-five dollars for
a five-year permit for''; in line 39, by striking ``paragraph (2) of'';
On page 5, in line 8, by striking all after ``(j)''; by striking all of lines 9 through 20; in line
21, by striking all preceding ``a'' and inserting ``Except as provided in paragraph (2) of
subsection (d) of K.S.A. 8-1902, and amendments thereto,''; in line 34, preceding ``subsec-
tion'' by inserting ``paragraph (3) of'';
And your committee on conference recommends the adoption of this report.
Ben Vidricksen
Nick Jordan
Mark Gilstrap
Conferees on part of Senate
Gary K. Hayzlett
Andrew Howell
Herman Dillon Conferees on part of House
Senator Vidricksen moved the Senate adopt the Conference Committee report on HB 2782.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Committee on Assessment and Taxation recommends HB 3016 be amended on page
1, by striking all in lines 14 through 43;
By striking all on pages 2 through 5 and inserting the following:
``Section 1. K.S.A. 79-3602, as amended by section 29 of 1978 Senate Bill No. 493, is
hereby amended to read as follows: 79-3602. (a) ``Persons'' means any individual, firm,
copartnership, joint adventure, association, corporation, estate or trust, receiver or trustee,
or any group or combination acting as a unit, and the plural as well as the singular number;
and shall specifically mean any city or other political subdivision of the state of Kansas
engaging in a business or providing a service specifically taxable under the provisions of this
act.
(b) ``Director'' means the state director of taxation.
(c) ``Sale'' or ``sales'' means the exchange of tangible personal property, as well as the
sale thereof for money, and every transaction, conditional or otherwise, for a consideration,
constituting a sale, including the sale or furnishing of electrical energy, gas, water, services
or entertainment taxable under the terms of this act and including, except as provided in
the following provision, the sale of the use of tangible personal property by way of a lease,
license to use or the rental thereof regardless of the method by which the title, possession
or right to use the tangible personal property is transferred. The term ``sale'' or ``sales'' shall
not mean the sale of the use of any tangible personal property used as a dwelling by way of
a lease or rental thereof for a term of more than 28 consecutive days.
(d) ``Retailer'' means a person regularly engaged in the business of selling tangible per-
sonal property at retail or furnishing electrical energy, gas, water, services or entertainment,
and selling only to the user or consumer and not for resale.
(e) ``Retail sale'' or ``sale at retail'' means all sales made within the state of tangible
personal property or electrical energy, gas, water, services or entertainment for use or con-
sumption and not for resale.
(f) ``Tangible personal property'' means corporeal personal property. Such term shall
include any; (1) any computer software program which is not a custom computer software
program, as described by subsection (s) of K.S.A. 79-3603, and amendments thereto; and (2) and prepaid telephone calling card or prepaid authorization number, or recharge of such card or number, as described by subsection (b) of K.S.A. 79-3603, and amendments thereto.
(g) ``Selling price'' means the total cost to the consumer exclusive of discounts allowed
and credited, but including freight and transportation charges from retailer to consumer.
(h) ``Gross receipts'' means the total selling price or the amount received as defined in
this act, in money, credits, property or other consideration valued in money from sales at
retail within this state; and embraced within the provisions of this act. The taxpayer, may
take credit in the report of gross receipts for: (1) An amount equal to the selling price of
property returned by the purchaser when the full sale price thereof, including the tax col-
lected, is refunded in cash or by credit; (2) an amount equal to the allowance given for the
trade-in of property.
(i) ``Taxpayer'' means any person obligated to account to the director for taxes collected
under the terms of this act.
(j) ``Isolated or occasional sale'' means the nonrecurring sale of tangible personal prop-
erty, or services taxable hereunder by a person not engaged at the time of such sale in the
business of selling such property or services. Any religious organization which makes a
nonrecurring sale of tangible personal property acquired for the purpose of resale shall be
deemed to be not engaged at the time of such sale in the business of selling such property.
Such term shall include: (1) Any sale by a bank, savings and loan institution, credit union
or any finance company licensed under the provisions of the Kansas uniform consumer
credit code of tangible personal property which has been repossessed by any such entity;
and (2) any sale of tangible personal property made by an auctioneer or agent on behalf of
not more than two principals or households if such sale is nonrecurring and any such prin-
cipal or household is not engaged at the time of such sale in the business of selling tangible
personal property.
(k) ``Service'' means those services described in and taxed under the provisions of K.S.A.
79-3603 and amendments thereto.
(l) ``Ingredient or component part'' means tangible personal property which is necessary
or essential to, and which is actually used in and becomes an integral and material part of
tangible personal property or services produced, manufactured or compounded for sale by
the producer, manufacturer or compounder in its regular course of business. The following
items of tangible personal property are hereby declared to be ingredients or component
parts, but the listing of such property shall not be deemed to be exclusive nor shall such
listing be construed to be a restriction upon, or an indication of, the type or types of property
to be included within the definition of ``ingredient or component part'' as herein set forth:
(1) Containers, labels and shipping cases used in the distribution of property produced,
manufactured or compounded for sale which are not to be returned to the producer, man-
ufacturer or compounder for reuse.
(2) Containers, labels, shipping cases, paper bags, drinking straws, paper plates, paper
cups, twine and wrapping paper used in the distribution and sale of property taxable under
the provisions of this act by wholesalers and retailers and which is not to be returned to
such wholesaler or retailer for reuse.
(3) Seeds and seedlings for the production of plants and plant products produced for
resale.
(4) Paper and ink used in the publication of newspapers.
(5) Fertilizer used in the production of plants and plant products produced for resale.
(6) Feed for animals, fowl and aquatic plants and animals, the primary purpose of which
is use in agriculture or aquaculture, as defined in K.S.A. 47-1901, and amendments thereto,
the production of food for human consumption, the production of animal, dairy, poultry or
aquatic plant and animal products, fiber, fur, or the production of offspring for use for any
such purpose or purposes.
(m) ``Property which is consumed'' means tangible personal property which is essential
or necessary to and which is used in the actual process of and immediately consumed or
dissipated in (1) the production, manufacture, processing, mining, drilling, refining or com-
pounding of tangible personal property, (2) the providing of services or (3) the irrigation of
crops, for sale in the regular course of business, and which is not reusable for such purpose.
The following items of tangible personal property are hereby declared to be ``consumed''
but the listing of such property shall not be deemed to be exclusive nor shall such listing be
construed to be a restriction upon or an indication of, the type or types of property to be
included within the definition of ``property which is consumed'' as herein set forth:
(A) Insecticides, herbicides, germicides, pesticides, fungicides, fumigants, antibiotics,
biologicals, pharmaceuticals, vitamins and chemicals for use in commercial or agricultural
production, processing or storage of fruit, vegetables, feeds, seeds, grains, animals or animal
products whether fed, injected, applied, combined with or otherwise used; and
(B) electricity, gas and water.
(n) ``Political subdivision'' means any municipality, agency or subdivision of the state
which is, or shall hereafter be, authorized to levy taxes upon tangible property within the
state or which certifies a levy to a municipality, agency or subdivision of the state which is,
or shall hereafter be, authorized to levy taxes upon tangible property within the state. Such
term also shall include any public building commission, housing, airport, port, metropolitan
transit or similar authority established pursuant to law.
(o) ``Municipal corporation'' means any city incorporated under the laws of Kansas.
(p) ``Quasi-municipal corporation'' means any county, township, school district, drainage
district or any other governmental subdivision in the state of Kansas having authority to
receive or hold moneys or funds.
(q) ``Nonprofit blood bank'' means any nonprofit place, organization, institution or es-
tablishment that is operated wholly or in part for the purpose of obtaining, storing, proc-
essing, preparing for transfusing, furnishing, donating or distributing human blood or parts
or fractions of single blood units or products derived from single blood units, whether or
not any remuneration is paid therefor, or whether such procedures are done for direct
therapeutic use or for storage for future use of such products.
(r) ``Contractor, subcontractor or repairman'' means a person who agrees to furnish and
install tangible personal property or install tangible personal property at a specified price.
A person who maintains an inventory of tangible personal property which enables such
person to furnish and install the tangible personal property or install the tangible personal
property shall not be deemed a contractor, subcontractor or repairman but shall be deemed
a retailer.
(s) ``Educational institution'' means any nonprofit school, college and university that
offers education at a level above the twelfth grade, and conducts regular classes and courses
of study required for accreditation by, or membership in, the North Central Association of
Colleges and Schools, the state board of education, or that otherwise qualify as an ``educa-
tional institution,'' as defined by K.S.A. 74-50,103, and amendments thereto. Such phrase
shall include: (1) A group of educational institutions that operates exclusively for an edu-
cational purpose; (2) nonprofit endowment associations and foundations organized and op-
erated exclusively to receive, hold, invest and administer moneys and property as a per-
manent fund for the support and sole benefit of an educational institution; (3) nonprofit
trusts, foundations and other entities organized and operated principally to hold and own
receipts from intercollegiate sporting events and to disburse such receipts, as well as grants
and gifts, in the interest of collegiate and intercollegiate athletic programs for the support
and sole benefit of an educational institution; and (4) nonprofit trusts, foundations and other
entities organized and operated for the primary purpose of encouraging, fostering and con-
ducting scholarly investigations and industrial and other types of research for the support
and sole benefit of an educational institution.
Sec. 2. K.S.A. 79-3603, as amended by section 30 of 1998 Senate Bill No. 493, is hereby
amended to read as follows: 79-3603. For the privilege of engaging in the business of selling
tangible personal property at retail in this state or rendering or furnishing any of the services
taxable under this act, there is hereby levied and there shall be collected and paid a tax at
the rate of 4.9% upon:
(a) The gross receipts received from the sale of tangible personal property at retail
within this state;
(b) (1) the gross receipts from intrastate telephone or telegraph services and (2) the
gross receipts received from the sale of interstate telephone or telegraph services, which
(A) originate within this state and terminate outside the state and are billed to a customer's
telephone number or account in this state; or (B) originate outside this state and terminate
within this state and are billed to a customer's telephone number or account in this state
except that the sale of interstate telephone or telegraph service does not include: (A) Any
interstate incoming or outgoing wide area telephone service or wide area transmission type
service which entitles the subscriber to make or receive an unlimited number of commu-
nications to or from persons having telephone service in a specified area which is outside
the state in which the station provided this service is located; (B) any interstate private
communications service to the persons contracting for the receipt of that service that entitles
the purchaser to exclusive or priority use of a communications channel or group of channels
between exchanges; (C) any value-added nonvoice service in which computer processing
applications are used to act on the form, content, code or protocol of the information to be
transmitted; (D) any telecommunication service to a provider of telecommunication services
which will be used to render telecommunications services, including carrier access services;
or (E) any service or transaction defined in this section among entities classified as members
of an affiliated group as provided by federal law (U.S.C. Section 1504). For the purposes of this subsection the term gross receipts does not include purchases of telephone, telegraph or telecommunications using a prepaid telephone calling card or pre-paid authorization num- ber. As used in this subsection, a pre-paid telephone calling card or pre-paid authorization number means the right to exclusively make telephone calls, paid for in advance, with the prepaid value measured in minutes or other time units, that enables the origination of calls using an access number or authorization code or both, whether manually or electronically dialed;
(c) the gross receipts from the sale or furnishing of gas, water, electricity and heat,
which sale is not otherwise exempt from taxation under the provisions of this act, and
whether furnished by municipally or privately owned utilities;
(d) the gross receipts from the sale of meals or drinks furnished at any private club,
drinking establishment, catered event, restaurant, eating house, dining car, hotel, drugstore
or other place where meals or drinks are regularly sold to the public;
(e) the gross receipts from the sale of admissions to any place providing amusement,
entertainment or recreation services including admissions to state, county, district and local
fairs, but such tax shall not be levied and collected upon the gross receipts received from
sales of admissions to any cultural and historical event which occurs triennially;
(f) the gross receipts from the operation of any coin-operated device dispensing or
providing tangible personal property, amusement or other services except laundry services,
whether automatic or manually operated;
(g) the gross receipts from the service of renting of rooms by hotels, as defined by K.S.A.
36-501 and amendments thereto, or by accommodation brokers, as defined by K.S.A. 12-
1692, and amendments thereto;
(h) the gross receipts from the service of renting or leasing of tangible personal property
except such tax shall not apply to the renting or leasing of machinery, equipment or other
personal property owned by a city and purchased from the proceeds of industrial revenue
bonds issued prior to July 1, 1973, in accordance with the provisions of K.S.A. 12-1740
through 12-1749, and amendments thereto, and any city or lessee renting or leasing such
machinery, equipment or other personal property purchased with the proceeds of such
bonds who shall have paid a tax under the provisions of this section upon sales made prior
to July 1, 1973, shall be entitled to a refund from the sales tax refund fund of all taxes paid
thereon;
(i) the gross receipts from the rendering of dry cleaning, pressing, dyeing and laundry
services except laundry services rendered through a coin-operated device whether automatic
or manually operated;
(j) the gross receipts from the rendering of the services of washing and washing and
waxing of vehicles;
(k) the gross receipts from cable, community antennae and other subscriber radio and
television services;
(l) the gross receipts received from the sales of tangible personal property to all con-
tractors, subcontractors or repairmen of materials and supplies for use by them in erecting
structures for others, or building on, or otherwise improving, altering, or repairing real or
personal property of others;
(m) the gross receipts received from fees and charges by public and private clubs, drink-
ing establishments, organizations and businesses for participation in sports, games and other
recreational activities, but such tax shall not be levied and collected upon the gross receipts
received from: (1) Fees and charges by any political subdivision, by any organization exempt
from property taxation pursuant to paragraph Ninth of K.S.A. 79-201, and amendments
thereto, or by any youth recreation organization exclusively providing services to persons 18
years of age or younger which is exempt from federal income taxation pursuant to section
501(c)(3) of the federal internal revenue code of 1986, for participation in sports, games
and other recreational activities; and (2) entry fees and charges for participation in a special
event or tournament sanctioned by a national sporting association to which spectators are
charged an admission which is taxable pursuant to subsection (e);
(n) the gross receipts received from dues charged by public and private clubs, drinking
establishments, organizations and businesses, payment of which entitles a member to the
use of facilities for recreation or entertainment, but such tax shall not be levied and collected
upon the gross receipts received from: (1) Dues charged by any organization exempt from
property taxation pursuant to paragraphs Eighth and Ninth of K.S.A. 79-201, and amend-
ments thereto; and (2) sales of memberships in a nonprofit organization which is exempt
from federal income taxation pursuant to section 501 (c)(3) of the federal internal revenue
code of 1986, and whose purpose is to support the operation of a nonprofit zoo;
(o) the gross receipts received from the isolated or occasional sale of motor vehicles or
trailers but not including: (1) The transfer of motor vehicles or trailers by a person to a
corporation solely in exchange for stock securities in such corporation; or (2) the transfer
of motor vehicles or trailers by one corporation to another when all of the assets of such
corporation are transferred to such other corporation; or (3) the sale of motor vehicles or
trailers which are subject to taxation pursuant to the provisions of K.S.A. 79-5101 et seq.,
and amendments thereto, by an immediate family member to another immediate family
member. For the purposes of clause (3), immediate family member means lineal ascendants
or descendants, and their spouses. In determining the base for computing the tax on such
isolated or occasional sale, the fair market value of any motor vehicle or trailer traded in by
the purchaser to the seller may be deducted from the selling price;
(p) the gross receipts received for the service of installing or applying tangible personal
property which when installed or applied is not being held for sale in the regular course of
business, and whether or not such tangible personal property when installed or applied
remains tangible personal property or becomes a part of real estate, except that no tax shall
be imposed upon the service of installing or applying tangible personal property in connec-
tion with the original construction of a building or facility, the original construction, recon-
struction, restoration, remodeling, renovation, repair or replacement of a residence or the
construction, reconstruction, restoration, replacement or repair of a bridge or highway.
For the purposes of this subsection:
(1) ``Original construction'' shall mean the first or initial construction of a new building
or facility. The term ``original construction'' shall include the addition of an entire room or
floor to any existing building or facility, the completion of any unfinished portion of any
existing building or facility and the restoration, reconstruction or replacement of a building
or facility damaged or destroyed by fire, flood, tornado, lightning, explosion or earthquake,
but such term, except with regard to a residence, shall not include replacement, remodeling,
restoration, renovation or reconstruction under any other circumstances;
(2) ``building'' shall mean only those enclosures within which individuals customarily
are employed, or which are customarily used to house machinery, equipment or other prop-
erty, and including the land improvements immediately surrounding such building;
(3) ``facility'' shall mean a mill, plant, refinery, oil or gas well, water well, feedlot or any
conveyance, transmission or distribution line of any cooperative, nonprofit, membership
corporation organized under or subject to the provisions of K.S.A. 17-4601 et seq., and
amendments thereto, or of any municipal or quasi-municipal corporation, including the land
improvements immediately surrounding such facility; and
(4) ``residence'' shall mean only those enclosures within which individuals customarily
live;
(q) the gross receipts received for the service of repairing, servicing, altering or main-
taining tangible personal property, except computer software described in subsection (s),
which when such services are rendered is not being held for sale in the regular course of
business, and whether or not any tangible personal property is transferred in connection
therewith. The tax imposed by this subsection shall be applicable to the services of repairing,
servicing, altering or maintaining an item of tangible personal property which has been and
is fastened to, connected with or built into real property;
(r) the gross receipts from fees or charges made under service or maintenance agree-
ment contracts for services, charges for the providing of which are taxable under the pro-
visions of subsection (p) or (q);
(s) the gross receipts received from the sale of computer software, and the sale of the
services of modifying, altering, updating or maintaining computer software. As used in this
subsection, ``computer software'' means information and directions loaded into a computer
which dictate different functions to be performed by the computer. Computer software
includes any canned or prewritten program which is held or existing for general or repeated
sale, even if the program was originally developed for a single end user as custom computer
software. The sale of computer software or services does not include: (1) The initial sale of
any custom computer program which is originally developed for the exclusive use of a single
end user; or (2) those services rendered in the modification of computer software when the
modification is developed exclusively for a single end user only to the extent of the modi-
fication and only to the extent that the actual amount charged for the modification is sep-
arately stated on invoices, statements and other billing documents provided to the end user.
The services of modification, alteration, updating and maintenance of computer software
shall only include the modification, alteration, updating and maintenance of computer soft-
ware taxable under this subsection whether or not the services are actually provided; and
(t) the gross receipts received for telephone answering services, including mobile phone
services, beeper services and other similar services.; and
(u) the gross receipts received from the sale of prepaid telephone calling cards or pre- paid authorization numbers and the recharge of such cards or numbers. A pre-paid telephone calling card or pre-paid authorization number means the right to exclusively make telephone calls, paid for in advance, with the prepaid value measured in minutes or other time units, that enables the origination of calls using an access number or authorization code or both, whether manually or electronically dialed. If the dale or recharge of such card or number does not take place at the vendor's place of business, it shall be conclusively determined to take place at the customer's shipping address; if there is no item shipped then it shall be the customer's billing address.
Sec. 3. Section 1 of 1998 Senate Bill No. 493 is hereby amended to read as follows:
Section 1. (a) A tax is hereby imposed on the estate of every resident decedent, and every
nonresident decedent who died holding an interest in property with a Kansas tax situs, whose
estate is required by federal law to file a return for federal state estate taxes. The amount
of such tax shall be equal to the amount of the maximum credit allowed by section 2011 of
the internal revenue code against the tax that would otherwise be imposed on the transfer
of the estate of the decedent by section 2001 of the internal revenue code.
(b) When the estate of a resident decedent shall consist of property within and without
the state, or in the case of the estate of a nonresident decedent who died holding an interest
in property with a Kansas tax situs, the tax imposed under subsection (a) shall be the per-
centage thereof that the gross estate for federal estate tax purposes less the value of all
property included therein having a tax situs which is not within the jurisdiction of the state
of Kansas, bears to the total gross estate for federal estate tax purposes.
Sec. 4. K.S.A. 79-1546, 79-3602, as amended by section 29 of 1998 Senate Bill No.
493, 79-3603, as amended by section 30 of 1998 Senate Bill No. 493, and section 1 of 1998
Senate Bill No. 493 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its publication in the
statute book.
In the title in line 9, by striking ``sales''; in line 10, after the semicolon by inserting
``amending the Kansas estate tax act;''; also, in line 10, by striking all after ``K.S.A.''; by
striking all in line 11 and inserting ``79-3602, as amended by section 29 of 1998 Senate Bill
No. 493, 79-3603, as amended by section 30 of 1998, and section 1 of 1998 Senate Bill No.
493 and repealing the existing sections; also repealing K.S.A. 79-1546.'' and the bill be passed
as amended.
REPORT ON ENGROSSED BILLS
SB 694; H. Sub. SB 439, reported correctly engrossed May 2, 1998.
Also, Sub. SB 573 correctly re-engrossed May 2, 1998.
REPORT ON ENROLLED BILLS
SR 1866, 1868 reported correctly enrolled, properly signed and presented to the Sec-
retary of the Senate on May 2, 1998.
On motion of Senator Emert, the Senate recessed until 5:00 p.m.
______
Evening Session
The Senate met pursuant to recess with President Bond in the chair.
MESSAGE FROM THE HOUSE
Announcing passage of SB 561, as amended.
The House adopts the conference committee report on HB 2782.
The House announces the appointment of Rep. Empson to replace Rep. Shore as a
conferee on SB 510; also the appointment of Rep. Shore to replace Rep. O'Neal.
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 bill: HB 2185.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2185, 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 18, by striking ``1996'' and inserting ``1997'';
On page 2, in line 7, by striking ``1996'' and inserting ``1997'';
On page 7, by striking all in lines 20 and 21 and inserting in lieu thereof the following:
``Sec. 3. K.S.A. 1997 Supp. 39-923 is hereby amended to read as follows: 39-923. (a)
As used in this act:
(1) ``Adult care home'' means any nursing facility, nursing facility for mental health,
intermediate care facility for the mentally retarded, assisted living facility, residential health
care facility, home plus, boarding care home and adult day care facility, all of which clas-
sifications of adult care homes are required to be licensed by the secretary of health and
environment.
(2) ``Nursing facility'' means any place or facility operating 24 hours a day, seven days
a week, caring for six or more individuals not related within the third degree of relationship
to the administrator or owner by blood or marriage and who, due to functional impairments,
need skilled nursing care to compensate for activities of daily living limitations.
(3) ``Nursing facility for mental health'' means any place or facility operating 24 hours
a day, seven days a week caring for six or more individuals not related within the third
degree of relationship to the administrator or owner by blood or marriage and who, due to
functional impairments, need skilled nursing care and special mental health services to
compensate for activities of daily living limitations.
(4) ``Intermediate care facility for the mentally retarded'' means any place or facility
operating 24 hours a day, seven days a week caring for six or more individuals not related
within the third degree of relationship to the administrator or owner by blood or marriage
and who, due to functional impairments caused by mental retardation or related conditions
need services to compensate for activities of daily living limitations.
(5) ``Assisted living facility'' means any place or facility caring for six or more individuals
not related within the third degree of relationship to the administrator, operator or owner
by blood or marriage and who, by choice or due to functional impairments, may need
personal care and may need supervised nursing care to compensate for activities of daily
living limitations and in which the place or facility includes apartments for residents and
provides or coordinates a range of services including personal care or supervised nursing
care available 24 hours a day, seven days a week for the support of resident independence.
The provision of skilled nursing procedures to a resident in an assisted living facility is not
prohibited by this act. Generally, the skilled services provided in an assisted living facility
shall be provided on an intermittent or limited term basis, or if limited in scope, a regular
basis.
(6) ``Residential health care facility'' means any place or facility, or a contiguous portion of a place or facility, caring for six or more individuals not related within the third degree
or relationship to the administrator, operator or owner by blood or marriage and who, by
choice or due to functional impairments, may need personal care and may need supervised
nursing care to compensate for activities of daily living limitations and in which the place
or facility includes individual living units and provides or coordinates personal care or su-
pervised nursing care available on a 24-hour, seven-day-a-week basis for the support of
resident independence. The provision of skilled nursing procedures to a resident in a resi-
dential health care facility is not prohibited by this act. Generally, the skilled services pro-
vided in a residential health care facility shall be provided on an intermittent or limited term
basis, or if limited in scope, a regular basis.
(7) ``Home plus'' means any residence or facility caring for not more than five individuals
not related within the third degree of relationship to the operator or owner by blood or
marriage unless the resident in need of care is approved for placement by the secretary of
the department of social and rehabilitation services, and who, due to functional impairment,
needs personal care and may need supervised nursing care to compensate for activities of
daily living limitations. The level of care provided residents shall be determined by prepa-
ration of the operator and rules and regulations developed by the department of health and
environment.
(8) ``Boarding care home'' means any place or facility operating 24 hours a day, seven
days a week, caring for not more than 10 individuals not related within the third degree of
relationship to the operator or owner by blood or marriage and who, due to functional
impairment, need supervision of activities of daily living but who are ambulatory and essen-
tially capable of managing their own care and affairs.
(9) ``Adult day care'' means any place or facility operating less than 24 hours a day caring
for individuals not related within the third degree of relationship to the operator or owner
by blood or marriage and who, due to functional impairment need supervision of or assis-
tance with activities of daily living.
(10) ``Place or facility'' means a building or any one or more complete floors of a build-
ing, or any one or more complete wings of a building, or any one or more complete wings
and one or more complete floors of a building, and the term ``place or facility'' may include
multiple buildings.
(11) ``Skilled nursing care'' means services performed by or under the immediate su-
pervision of a registered professional nurse and additional licensed nursing personnel.
Skilled nursing includes administration of medications and treatments as prescribed by a
licensed physician or dentist; and other nursing functions which require substantial nursing
judgment and skill based on the knowledge and application of scientific principles.
(12) ``Supervised nursing care'' means services provided by or under the guidance of a
licensed nurse with initial direction for nursing procedures and periodic inspection of the
actual act of accomplishing the procedures; administration of medications and treatments
as prescribed by a licensed physician or dentist and assistance of residents with the per-
formance of activities of daily living.
(13) ``Resident'' means all individuals kept, cared for, treated, boarded or otherwise
accommodated in any adult care home.
(14) ``Person'' means any individual, firm, partnership, corporation, company, associa-
tion or joint-stock association, and the legal successor thereof.
(15) ``Operate an adult care home'' means to own, lease, establish, maintain, conduct
the affairs of or manage an adult care home, except that for the purposes of this definition
the word ``own'' and the word ``lease'' shall not include hospital districts, cities and counties
which hold title to an adult care home purchased or constructed through the sale of bonds.
(16) ``Licensing agency'' means the secretary of health and environment.
(17) ``Skilled nursing home'' means a nursing facility.
(18) ``Intermediate nursing care home'' means a nursing facility.
(19) ``Apartment'' means a private unit which includes, but is not limited to, a toilet
room with bathing facilities, a kitchen, sleeping, living and storage area and a lockable door.
(20) ``Individual living unit'' means a private unit which includes, but is not limited to,
a toilet room with bathing facilities, sleeping, living and storage area and a lockable door.
(21) ``Operator'' means an individual who operates an assisted living facility or residen-
tial health care facility with fewer than 61 residents, a home plus or adult day care facility
and has completed a course approved by the secretary of health and environment on prin-
ciples of assisted living and has successfully passed an examination approved by the licensing
agency on principles of assisted living and such other requirements as may be established
by the licensing agency by rules and regulations.
(22) ``Activities of daily living'' means those personal, functional activities required by
an individual for continued well-being, including but not limited to eating, nutrition, dress-
ing, personal hygiene, mobility, toileting.
(23) ``Personal care'' means care provided by staff to assist an individual with, or to
perform activities of daily living.
(24) ``Functional impairment'' means an individual has experienced a decline in physical,
mental and psychosocial well-being and as a result, is unable to compensate for the effects
of the decline.
(25) ``Kitchen'' means a food preparation area that includes a sink, refrigerator and a
microwave oven or stove.
(26) The term ``intermediate personal care home'' for purposes of those individuals
applying for or receiving veterans' benefits means residential health care facility.
(b) The term ``adult care home'' shall not include institutions operated by federal or
state governments, except institutions operated by the Kansas commission on veterans af-
fairs, hospitals or institutions for the treatment and care of psychiatric patients, child care
facilities, maternity centers, hotels, offices of physicians or hospices which are certified to
participate in the medicare program under 42 code of federal regulations, chapter IV, section
418.1 et seq. and amendments thereto and which provide services only to hospice patients.
(c) Facilities licensed under K.S.A. 39-1501 et seq. and amendments thereto or K.S.A.
75-3307b and amendments thereto or K.S.A. 39-923 as an intermediate personal care home
or with license applications on file with the licensing agency as intermediate personal care
homes on or before January 1, 1995, shall have the option of becoming licensed as either
an assisted living facility or a residential health care facility without being required to add
kitchens or private baths.
(d) Nursing facilities in existence on the effective date of this act changing licensure
categories to become residential health care facilities shall be required to provide private
bathing facilities in a minimum of 20% of the individual living units.
(e) Facilities licensed under the adult care home licensure act on the day immediately
preceding the effective date of this act shall continue to be licensed facilities until the annual
renewal date of such license and may renew such license in the appropriate licensure cat-
egory under the adult care home licensure act subject to the payment of fees and other
conditions and limitations of such act.
(f) Nursing facilities with less than 60 beds converting a portion of the facility to resi- dential health care shall have the option of licensing for residential health care for less than six individuals but not less than 10% of the total bed count within a contiguous portion of the facility.
(f) (g) The licensing agency may by rule and regulation change the name of the different
classes of homes when necessary to avoid confusion in terminology and the agency may
further amend, substitute, change and in a manner consistent with the definitions established
in this section, further define and identify the specific acts and services which shall fall
within the respective categories of facilities so long as the above categories for adult care
homes are used as guidelines to define and identify the specific acts.
Sec. 4. K.S.A. 39-1401 is hereby amended to read as follows: 39-1401. As used in this
act:
(a) ``Resident'' means:
(1) Any resident, as defined by K.S.A. 39-923 and amendments thereto; or
(2) any client cared for in an adult family home; or
(3) (2) any individual kept, cared for, treated, boarded or otherwise accommodated in
a medical care facility; or
(4)( any individual with mental retardation or a developmental disability receiving serv- ices through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto; or
(5) (3) any individual, kept, cared for, treated, boarded or otherwise accommodated in
a state psychiatric hospital or state institution for the mentally retarded.
(b) ``Adult care home'' has the meaning ascribed thereto in K.S.A. 39-923 and amend-
ments thereto.
(c) ``Adult family home'' has the meaning ascribed thereto in K.S.A. 39-1501 and amend- ments thereto.
(d) (c) ``In need of protective services'' means that a resident is unable to perform or
obtain services which are necessary to maintain physical or mental health, or both.
(e) (d) ``Services which are necessary to maintain physical and mental health'' include,
but are not limited to, the provision of medical care for physical and mental health needs,
the relocation of a resident to a facility or institution able to offer such care, assistance in
personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from
health and safety hazards, protection from maltreatment the result of which includes, but
is not limited to, malnutrition, deprivation of necessities or physical punishment and trans-
portation necessary to secure any of the above stated needs, except that this term shall not
include taking such person into custody without consent, except as provided in this act.
(f) (e) ``Protective services'' means services provided by the state or other governmental
agency or any private organizations or individuals which are necessary to prevent abuse,
neglect or exploitation. Such protective services shall include, but not be limited to, evalu-
ation of the need for services, assistance in obtaining appropriate social services and assis-
tance in securing medical and legal services.
(g) (f) ``Abuse'' means neglect, infliction of physical or mental injury or deprivation by a caretaker of services which are necessary to maintain physical and mental health any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to a resident, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with a resident when the resident does not consent or when the other person knows or should know that the resident is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm a resident;
(4) unreasonable use of a physical or chemical restraint, medication or isolation as pun- ishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the resident or another resident;
(5) a threat or menacing conduct directed toward a resident that results or might rea- sonably be expected to result in fear or emotional or mental distress to a resident;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness.
(h) (g) ``Neglect'' means the failure of a caretaker to maintain reasonable care and treatment to such an extent that the resident's health or emotional well-being is injured or omission by one's self, caretaker or another person to provide goods or services which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness.
(i) (h) ``Caretaker'' means a person or institution who has assumed the responsibility for
the care of the resident voluntarily, by contract or by order of a court of competent juris-
diction.
(j) (i) ``Exploitation'' means intentionally misappropriation of resident property or in- tentionally taking unfair advantage of an adult's physical or financial resources for another
individual's personal or financial advantage by the use of undue influence, coercion, ha-
rassment, duress, deception, false representation or false pretense by a caretaker or another
person.
(k) (j) ``Medical care facility'' means a facility licensed under K.S.A. 65-425 et seq. and
amendments thereto but shall not include, for purposes of this act, a state psychiatric hospital
or state institution for the mentally retarded, including Larned state hospital, Osawatomie
state hospital, Rainbow mental health facility, Topeka state hospital, Kansas neurological
institute, and Parsons state hospital and training center and Winfield state hospital and training center.
(k) ``Fiduciary abuse'' means a situation in which any person who is the caretaker of, or who stands in a position of trust to, a resident, takes, secretes, or appropriates the resi- dent's money or property, to any use or purpose not in the due and lawful execution of such person's trust.
(l) ``State psychiatric hospital'' means Larned state hospital, Osawatomie state hospital, and Rainbow mental health facility and Topeka state hospital.
(m) ``State institution for the mentally retarded'' means Kansas neurological institute, and Parsons state hospital and training center and Winfield state hospital and training center.
(n) ``Report'' means a description or accounting of an incident or incidents of abuse, neglect or exploitation under this act and for the purposes of this act shall not include any written assessment or findings.
(o) ``Law enforcement'' means the public office which is vested by law with the duty to maintain public order, make arrests for crimes and investigate criminal acts, whether that duty extends to all crimes or is limited to specific crimes.
No person shall be considered to be abused, neglected or exploited or in need of protec-
tive services for the sole reason that such person relies upon spiritual means through prayer
alone for treatment in accordance with the tenets and practices of a recognized church or
religious denomination in lieu of medical treatment.
Sec. 5. K.S.A. 39-1402 is hereby amended to read as follows: 39-1402. (a) Any person
who is licensed to practice any branch of the healing arts, a licensed psychologist, a licensed master level psychologist, a chief administrative officer of a medical care facility, an adult
care home administrator or operator, a licensed social worker, a licensed professional nurse or, a licensed practical nurse, a teacher, a bank trust officer, a guardian or a conservator
who has reasonable cause to believe that a resident is being or has been abused, neglected
or exploited, or is in a condition which is the result of such abuse, neglect or exploitation
or is in need of protective services, shall report immediately such information or cause a
report of such information to be made in any reasonable manner to the department of health
and environment with respect to residents defined under (a)(1) and (a)(3) (a)(2) of K.S.A.
39-1401 and amendments thereto and to the department of social and rehabilitation services
with respect to all other residents. Reports made to one department which are required by
this subsection to be made to the other department shall be referred by the department to
which the report is made to the appropriate department for that report, and any such report
shall constitute compliance with this subsection. Reports shall be made during the normal
working week days and hours of operation of such departments. Reports shall be made to
law enforcement agencies during the time the departments are not open for business. Law
enforcement agencies shall submit the report and appropriate information to the appropriate
department on the first working day that such department is open for business. A report
made pursuant to K.S.A. 65-4923 or 65-4924 and amendments thereto shall be deemed a
report under this section.
(b) The report made pursuant to subsection (a) shall contain the name and address of
the person making the report and of the caretaker caring for the resident, the name and
address of the involved resident, information regarding the nature and extent of the abuse,
neglect or exploitation, the name of the next of kin of the resident, if known, and any other
information which the person making the report believes might be helpful in an investigation
of the case and the protection of the resident.
(c) Any other person having reasonable cause to suspect or believe that a resident is
being or has been abused, neglected or exploited, or is in a condition which is the result of
such abuse, neglect or exploitation or is in need of protective services may report such
information to the department of health and environment with respect to residents defined
under (a)(1) and (a)(3) (a)(2) of K.S.A. 39-1401 and amendments thereto and to the de-
partment of social and rehabilitation services with respect to all other residents. Reports
made to one department which are to be made to the other department under this section
shall be referred by the department to which the report is made to the appropriate depart-
ment for that report.
(d) Notice of the requirements of this act and the department to which a report is to
be made under this act shall be posted in a conspicuous place in every adult care home, adult family home and medical care facility in this state.
(e) Any person required to report information or cause a report of information to be
made under subsection (a) who knowingly fails to make such report or cause such report to
be made shall be guilty of a class B misdemeanor.
Sec. 6. K.S.A. 1997 Supp. 39-1404 is hereby amended to read as follows: 39-1404. (a)
The department of social and rehabilitation services or the department of health and envi-
ronment or the department of social and rehabilitation services upon receiving a report that
a resident is being, or has been, abused, neglected or exploited, or is in a condition which
is the result of such abuse, neglect or exploitation or is in need of protective services, within 24 hours of receiving such report, shall initiate an investigation, including a personal visit with the resident and, within two weeks of receiving such report, shall complete the inves- tigation to determine if the resident is being or has been abused, neglected or exploited or is in a condition which is a result of such abuse, neglect or exploitation. The investigation shall include, but not be limited to, a visit to the named resident and consultation with those individuals having knowledge of the facts of the particular case. Upon completion of the investigation of each case, written findings shall be prepared which shall include a finding of whether there is or has been abuse, neglect or exploitation, recommended action and a determination of whether protective services are needed. If it appears that a crime has occurred, the appropriate law enforcement agency shall be notified by the department in- vestigating the report.
(b) The secretary of social and rehabilitation services shall maintain a register of the reports received and investigated by the department of social and rehabilitation services, the findings, evaluations and the actions recommended. The register shall be available for inspection by personnel of the department of social and rehabilitation services. The secretary of social and rehabilitation services shall forward a copy of any report of abuse, neglect or exploitation of a resident investigated by the department of social and rehabilitation services to the secretary of health and environment and, in the case of a report of abuse, neglect or exploitation of a resident of an adult family home, to the secretary of aging.
(c) The report received by the department of social and rehabilitation services and the written findings, evaluations and actions recommended shall not be deemed a public record or be subject to the provisions of the open records act. Except as otherwise provided in this section, or in K.S.A. 1997 Supp. 65-6205 and amendments thereto the name of the person making the original report to the department of social and rehabilitation services or any person mentioned in such report shall not be disclosed unless the person making the original report specifically requests or agrees in writing to such disclosure or unless a judicial pro- ceeding results therefrom. Except as otherwise provided in this section, no information contained in the register shall be made available to the public in such a manner as to identify individuals.
(d) The secretary of social and rehabilitation services shall forward any finding of abuse, neglect or exploitation alleged to be committed by a provider of services licensed, registered or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority.
(e)shall:
(1) When a criminal act has occurred or has appeared to have occurred, immediately notify the appropriate law enforcement agency;
(2) make a personal visit with the involved resident:
(A) Within 24 hours when the information from the reporter indicates imminent danger to the health or welfare of the involved resident;
(B) within three working days for all reports of suspected abuse, when the information from the reporter indicates no imminent danger; or
(C) within five working days for all reports of neglect or exploitation when the infor- mation from the reporter indicates no imminent danger.
(3) Complete, within 30 working days of receiving a report, a thorough investigation and evaluation to determine the situation relative to the condition of the involved resident and what action and services, if any, are required. The investigation shall include, but not be limited to, consultation with those individuals having knowledge of the facts of the par- ticular case; and
(4) prepare, upon a completion of the evaluation of each case, a written assessment which shall include an analysis of whether there is or has been abuse, neglect or exploitation; recommended action; a determination of whether protective services are needed; and any follow up.
(b) The department which investigates the report shall inform the complainant, upon
request of the complainant, that an investigation has been made and, if the allegations of
abuse, neglect or exploitation have been substantiated, that corrective measures will be taken if required.
(c) The department of health and environment may inform the chief administrative of- ficer of a facility as defined by K.S.A. 39-923 and amendments thereto of confirmed findings of resident abuse, neglect or exploitation.
Sec. 7. K.S.A. 39-1409 is hereby amended to read as follows: 39-1409. In performing
the duties set forth in this act, the secretary of social and rehabilitation services or the
secretary of health and environment may request the assistance of the staffs and resources
of all appropriate state departments, agencies and commissions and local health departments
and may utilize any other public or private agency, group or individual who is appropriate
and who may be available to assist such department in the investigation and determination
of whether a resident is being, or has been, abused, neglected or exploited or is in a condition
which is a result of such abuse, neglect or exploitation, except that any internal investigation conducted by any caretaker under investigation shall be limited to the least serious category of report as specified by the secretary of health and environment or the secretary of social and rehabilitation services, as applicable.
Sec. 8. K.S.A. 39-1430 is hereby amended to read as follows: 39-1430. As used in this
act:
(a) ``Adult'' means an individual 18 years of age or older alleged to be unable to protect
their own interest and who is harmed or threatened with harm through action or inaction
by either another individual or through their own action or inaction. Such term shall not include a resident as the term ``resident'' is defined under K.S.A. 39-1401 and amendments thereto when (1) such person is residing in such person's own home, the home of a family member or the home of a friend, (2) such person resides in an adult family home as defined in K.S.A. 39-1501 and amendments thereto, or (3) such person is receiving services through a provider of community services and affiliates thereof operated or funded by the department of social and rehabilitation services or the department on aging or a residential facility licensed pursuant to K.S.A. 75-3307b and amendments thereto. Such term shall not include persons to whom K.S.A. 39-1401 et seq. and amendments thereto apply.
(b) ``Abuse'' means the intentional infliction of injury, unreasonable confinement, fi- duciary abuse, intimidation, cruel punishment, omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness. any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to an adult, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with an adult when the adult does not consent or when the other person knows or should know that the adult is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm an adult;
(4) unreasonable use of a physical or chemical restraint, medication or isolation as pun- ishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the adult;
(5) a threat or menacing conduct directed toward an adult that results or might reason- ably be expected to result in fear or emotional or mental distress to an adult;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness.
(c) ``Neglect'' means the failure or omission by one's self, caretaker or another person
to provide goods or services which are reasonably necessary to ensure safety and well-being
and to avoid physical or mental harm or illness.
(d) ``Exploitation'' means misappropriation of an adult's property or intentionally taking
unfair advantage of an adult's physical or financial resources for another individual's personal
or financial advantage by the use of undue influence, coercion, harassment, duress, decep-
tion, false representation or false pretense by a caretaker or another person.
(e) ``Fiduciary abuse'' means a situation in which any person who is the caretaker of, or
who stands in a position of trust to, an adult, takes, secretes, or appropriates their money
or property, to any use or purpose not in the due and lawful execution of such person's
trust.
(f) ``In need of protective services'' means that an adult is unable to provide for or obtain
services which are necessary to maintain physical or mental health or both.
(g) ``Services which are necessary to maintain physical or mental health or both'' include,
but are not limited to, the provision of medical care for physical and mental health needs,
the relocation of an adult to a facility or institution able to offer such care, assistance in
personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from
health and safety hazards, protection from maltreatment the result of which includes, but
is not limited to, malnutrition, deprivation of necessities or physical punishment and trans-
portation necessary to secure any of the above stated needs, except that this term shall not
include taking such person into custody without consent except as provided in this act.
(h) ``Protective services'' means services provided by the state or other governmental
agency or by private organizations or individuals which are necessary to prevent abuse,
neglect or exploitation. Such protective services shall include, but shall not be limited to,
evaluation of the need for services, assistance in obtaining appropriate social services, and
assistance in securing medical and legal services.
(i) ``Caretaker'' means a person who has assumed the responsibility for an adult's care
or financial management or both.
(j) ``Secretary'' means the secretary of social and rehabilitation services.
(k) ``Report'' means a report of abuse, neglect or exploitation under this act description or accounting of an incident or incidents of abuse, neglect or exploitation under this act and for the purposes of this act shall not include any written assessment or findings.
(l) ``Law enforcement'' means the public office which is vested by law with the duty to
maintain public order, make arrests for crimes, investigate criminal acts and file criminal
charges, whether that duty extends to all crimes or is limited to specific crimes.
(m) ``Involved adult'' means the adult who is the subject of a report of abuse, neglect
or exploitation under this act.
No person shall be considered to be abused, neglected or exploited or in need of protec-
tive services for the sole reason that such person relies upon spiritual means through prayer
alone for treatment in accordance with the tenets and practices of a recognized church or
religious denomination in lieu of medical treatment.
Sec. 9. K.S.A. 39-1431 is hereby amended to read as follows: 39-1431. (a) Any person
who is licensed to practice any branch of the healing arts, a licensed psychologist, a licensed master level psychologist, the chief administrative officer of a medical care facility, a teacher,
a licensed social worker, a licensed professional nurse, a licensed practical nurse, a licensed
dentist, a law enforcement officer, a case manager, a guardian or conservator, a bank trust officer, a rehabilitation counselor, a holder of a power of attorney, an owner or operator of a residential care facility, an independent living counselor and the chief administrative of-
ficer of a licensed home health agency, the chief administrative officer of an adult family home and the chief administrative officer of a provider of community services and affiliates thereof operated or funded by the department of social and rehabilitation services or licensed under K.S.A. 75-3307b and amendments thereto who has reasonable cause to believe that
an adult is being or has been abused, neglected or exploited or is in need of protective
services shall report, within six hours immediately from receipt of the information, such
information or cause a report of such information to be made in any reasonable manner.
An employee of a domestic violence center shall not be required to report information or
cause a report of information to be made under this subsection. Other state agencies re-
ceiving reports that are to be referred to the department of social and rehabilitation services,
shall submit the report to the department within six hours, during normal work days, of
receiving the information. Reports shall be made to the department of social and rehabili-
tation services during the normal working week days and hours of operation. Reports shall
be made to law enforcement agencies during the time social and rehabilitation services are
not in operation. Law enforcement shall submit the report and appropriate information to
the department of social and rehabilitation services on the first working day that social and
rehabilitation services is in operation.
(b) The report made pursuant to subsection (a) shall contain the name and address of
the person making the report and of the caretaker caring for the involved adult, the name
and address of the involved adult, information regarding the nature and extent of the abuse,
neglect or exploitation, the name of the next of kin of the involved adult, if known, and any
other information which the person making the report believes might be helpful in the
investigation of the case and the protection of the involved adult.
(c) Any other person having reasonable cause to suspect or believe that an adult is being
or has been abused, neglected or exploited or is in need of protective services may report
such information to the department of social and rehabilitation services. Reports shall be
made to law enforcement agencies during the time social and rehabilitation services are not
in operation.
(d) A person making a report under subsection (a) shall not be required to make a
report under K.S.A. 39-1401 to 39-1410, inclusive, and amendments thereto. A person making a report under K.S.A. 39-1401 to 39-1410, inclusive, and amendments thereto, shall not be required to make a report under this act.
(e) Any person required to report information or cause a report of information to be
made under subsection (a) who knowingly fails to make such report or cause such report
not to be made shall be guilty of a class B misdemeanor.
(f) Notice of the requirements of this act and the department to which a report is to be made under this act shall be posted in a conspicuous place in every adult family home as defined in K.S.A. 39-1501 and amendments thereto and every provider of community serv- ices and affiliates thereof operated or funded by the department of social and rehabilitation services or other facility licensed under K.S.A. 75-3307b and amendments thereto.
Sec. 10. K.S.A. 39-1433 is hereby amended to read as follows: 39-1433. (a) The de-
partment of social and rehabilitation services upon receiving a report that an adult is being,
or has been abused, neglected, or exploited or is in need of protective services, shall:
(1) When a criminal act has occurred or has appeared to have occurred, immediately notify the appropriate law enforcement agency;
(1) (2) make a personal visit with the involved adult:
(A) Within 24 hours when the information from the reporter indicates imminent danger
to the health or welfare of the involved adult;
(B) within three working days for all reports of suspected abuse, when the information
from the reporter indicates no imminent danger;
(C) within five working days for all reports of neglect or exploitation when the infor-
mation from the reporter indicates no imminent danger.
(2) (3) Complete, within two weeks 30 working days of receiving a report, a thorough
investigation and evaluation to determine the situation relative to the condition of the in-
volved adult and what action and services, if any, are required. The evaluation shall include,
but not be limited to, consultation with those individuals having knowledge of the facts of
the particular case. When a criminal act has appeared to have occurred, law enforcement shall be notified immediately and If the alleged perpetrator is licensed, registered or oth-
erwise regulated by a state agency, such state agency also shall be notified immediately.
(3) (4) Prepare, upon completion of the evaluation investigation of each case, a written
assessment which shall include an analysis of whether there is or has been abuse, neglect
or exploitation, recommended action, a determination of whether protective services are
needed, and any follow-up.
(b) The secretary of social and rehabilitation services shall forward any finding of abuse, neglect or exploitation alleged to have been committed by a provider of services licensed, registered or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority.
(c) The department of social and rehabilitation services shall inform the complainant, upon request of the complainant, that an investigation has been made and if the allegations of abuse, neglect or exploitation have been substantiated, that corrective measures will be taken.
(d) The department of social and rehabilitation services may inform the chief adminis- trative officer of community facilities licensed pursuant to K.S.A. 75-3307b and amendments thereto of confirmed findings of resident abuse, neglect or exploitation.
Sec. 11. K.S.A. 39-1435 is hereby amended to read as follows: 39-1435. In performing
the duties set forth in this act, the secretary of social and rehabilitation services may request
the assistance of all state departments, agencies and commissions and may utilize any other
public or private agencies, groups or individuals who are appropriate and who may be
available. Law enforcement shall be contacted to assist the department of social and reha-
bilitation services when the information received on the report indicates that an adult,
residing in such adult's own home or the home of another individual, an adult family home, a community development disabilities facility or residential facility is in a life threatening
situation.
Sec. 12. K.S.A. 39-1440 is hereby amended to read as follows: 39-1440. Subsequent to
the authorization for the provision of necessary protective services, the secretary shall initiate
a review of each case within 45 60 days to determine where continuation of, or modification
in, the services provided is warranted. A decision to continue the provision of such services
shall comply with the consent provisions of this act. Reevaluations of the need for protective
services shall be made not less than every six months thereafter.
Sec. 13. K.S.A. 59-3036 is hereby amended to read as follows: 59-3036. (a) (1) If during
the pendency of a proceeding initiated under K.S.A. 59-3009 and amendments thereto, it
appears that there is an imminent danger that the physical health or safety of the proposed
ward will be seriously impaired or financial resources will be depleted unless immediate
action is taken, the proposed ward, or any adult interested in the welfare of the proposed
ward, may petition the court in which the proceeding is pending for the emergency ap-
pointment of a guardian or conservator.
(2) The petition shall state:
(A) The names and addresses of the individuals and entities entitled to notice; and
(B) the relief requested and the facts and reasons supporting that request.
(3) A hearing shall be held no more than 48 hours after a petition for an emergency
appointment has been filed. Notice shall be given in the manner directed by the court.
(4) If the court determines that there is an imminent danger that the physical health or
safety of the proposed ward will be seriously impaired or financial resources will be depleted
unless immediate action is taken, the court shall appoint a guardian or conservator in the
manner prescribed in K.S.A. 59-3014 and amendments thereto. The court shall assign to
an emergency appointee only those duties and powers necessary to protect against the
imminent danger shown.
(5) The emergency appointment shall remain in effect until the conclusion of the hear-
ing conducted under K.S.A. 59-3013 and amendments thereto.
(b) If at any time the court has probable cause to believe that a guardian or conservator
is not effectively performing such person's duties and powers, and that there is an imminent
danger that the physical health or safety of the ward will be seriously impaired or financial resources will be depleted unless immediate action is taken, the court shall:
(1) Suspend and temporarily replace the guardian with a guardian or conservator meet-
ing the qualifications set forth in K.S.A. 59-3014 and amendments thereto;
(2) reassign the duties and powers of the suspended guardian or conservator to the
emergency appointee; and
(3) direct the temporary appointee to file a petition under K.S.A. 59-3029 and amend-
ments thereto within five days if such petition is not already pending, and submit such
reports as may be necessary.
(c) The court may designate another eligible person selected in accordance with K.S.A.
59-3014 and amendments thereto to assume the duties and powers assigned to the guardian or conservator upon the resignation, disability, temporary absence or death of the guardian or conservator. The individual so designated, other than an individual designated because
of the temporary absence of a guardian or conservator, shall submit a report pursuant to
K.S.A. 59-3029 and amendments thereto within 10 days after an individual appointed on a
standby basis assumes the duties of a guardian or conservator. A guardian or conservator
serving on a standby basis may exercise all of the duties and powers assigned to the pred-
ecessor as a guardian or conservator until the conclusion of the proceedings under K.S.A.
59-3029 and amendments thereto or, in case of the temporary absence of the predecessor
guardian or conservator, until the predecessor guardian or conservator returns, unless oth-
erwise ordered by the court.
(d) This section shall be part of and supplemental to the act for obtaining a guardian or
conservator, or both.
New Sec. 14. (a) Unlawful interference with an emergency medical services attendant
is knowingly and intentionally interfering with, molesting or assaulting, as defined in K.S.A.
21-3408 and amendments thereto, any attendant while engaged in the performance of such
attendant's duties, or knowingly and intentionally obstructing, interfering with or impeding
the efforts of any attendant to reach the location of an emergency.
(b) As used in this section, ``attendant'' shall have the meaning ascribed to such term
under K.S.A. 65-6112 and amendments thereto.
(c) Unlawful interference with an emergency medical services attendant is a class B
person misdemeanor.
(d) This section shall be part of and supplemental to the Kansas criminal code.
Sec. 15. K.S.A. 39-1401, 39-1402, 39-1409, 39-1430, 39-1431, 39-1433, 39-1435, 39-
1440 and 59-3036 and K.S.A. 1997 Supp. 39-923, 39-1404, 65-3501 and 65-3503 are hereby
repealed.'';
And by renumbering the remaining section accordingly;
Also on page 7, in line 23, by striking ``Kansas register'' and inserting ``statute book'';
On page 1, in the title, in line 12, by striking ``department of health and environment;''
and inserting in lieu thereof ``the protection of certain persons;''; in line 14, by striking
``sponsors''; also in line 14, before ``amending'' by inserting: ``nursing facilities; reporting of
abuse, neglect or exploitation of certain persons; unlawful interference with certain emer-
gency personnel; appointment of guardian or conservator;''; also in line 14, by striking all
after ``amending''; in line 15, by striking all before ``and'' where it appears for the last time
and inserting: ``K.S.A. 39-1401, 39-1402, 39-1409, 39-1430, 39-1431, 39-1433, 39-1435,
39-1440 and 59-3036 and K.S.A. 1997 Supp. 39-923, 39-1404, 65-3501 and 65-3503'';
And your committee on conference recommends the adoption of this report.
Sandy Praeger
Janice Hardenburger
Chris Steineger
Conferees on part of Senate
Carlos Mayans
Jim Morrison
Jerry Henry Conferees on part of House
Senator Praeger moved the Senate adopt the Conference Committee report on HB 2185.
On roll call, the vote was: Yeas 37, nays 1, present and passing 0; absent or not voting 2.
Committee on Elections and Local Government recommends HB 2860, 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. 2860,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2860
By Committee on Elections and Local Government
``AN ACT concerning the open meetings law; amending K.S.A. 75-4317a and repealing the
existing section.''; and the substitute bill be passed.
ORIGINAL MOTION
Having voted on the prevailing side, Senator Kerr moved the Senate reconsider its adverse
action on HCR 5058. The motion carried.
On emergency motion of Senator Emert, HCR 5058 was adopted by voice vote.
On motion of Senator Emert the Senate adjourned until 2:00 p.m., Sunday, May 3, 1998.