March 25, 1999

Journal of the House

FIFTY-SECOND DAY ______

Hall of the House of Represenatitives

Topeka, KS, Thursday, March 25, 1999, 9:00 a.m.

The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

The roll was called with 124 members present.

Rep. Dean was excused on verified illness.

Prayer by Chaplain Svoboda:

Holy God,

It is said that You
made the world in six days,
and on the seventh day you rested.
Help us to be mindful
of our need to rest.
Give us compassion for ourselves
that we will take a break when we need it
so that we may return to our work refreshed.
Keep us mindful
that you are always with us,
both when we remember you
and when we forget.
Guide our hearts and our minds
to do that which is best for our state.
We ask these things in Your Name.

Amen.

The Pledge of Allegiance was led by Rep. Thimesch.

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

HB 2570, An act concerning organization of public safety agencies; establishing the task
force on consolidation of public safety agencies, by Committee on Appropriations.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:

Education: SB 345.

Health and Human Services: SB 350.

Taxation: HB 2569.

MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to SB 39, requests a conference and has
appointed Senators Kerr, Salisbury and Petty as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 51, requests a conference and has
appointed Senators Vidricksen, Jordan and Gilstrap as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 92, requests a conference and has
appointed Senators Emert, Oleen and Goodwin as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 240, requests a conference and has
appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to Sub. SB 270, requests a conference
and has appointed Senators Salisbury, Donovan and Barone as conferees on the part of the
Senate.

The Senate accedes to the request of the House for a conference on HB 2090 and has
appointed Senators Steffes, Praeger and Feleciano as conferees on the part of the Senate.

The Senate accedes to the request of the House for a conference on HB 2214 and has
appointed Senators Praeger, Salmans and Steineger as conferees on the part of the Senate.

Also, announcing passage of Sub. SB 106; Sub. SB 117; Sub. SB 301; SB 352.

Announcing passage of HB 2071, as amended.

The Senate concurs in House amendments to SB 88.

The Senate concurs in House amendments to SB 241.

The Senate concurs in House amendments to SCR 1617.

INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills were thereupon introduced and read by title:

Sub. SB 106; Sub. SB 117; Sub. SB 301; SB 352.

INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 39.

Speaker pro tem Mays thereupon appointed Reps. Phill Kline, Neufeld and Reardon as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 51.

Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Larkin as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 92.

Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 240.

Speaker pro tem Mays thereupon appointed Reps. Cox, Humerickhouse and Burroughs
as conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on Sub. SB 270.

Speaker pro tem Mays thereupon appointed Reps. Lane, Beggs and Ruff as conferees on
the part of the House.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
HB 2489, An act concerning expense allowances for official travel; relating to
reimbursement rates and authorization for mileage and travel subsistence; amending K.S.A.
46- 1109, 75-3203, 75-3203a, 75-3207 and 75-3207a and repealing the existing sections, was
considered on final action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

Sub. HB 2505, An act concerning certain special benefit districts; relating to the
formation thereof; relating to the transfer of territory thereof; amending K.S.A. 1998 Supp.
19-101a and repealing the existing section; also repealing K.S.A. 1998 Supp. 19-101i, was
considered on final action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Dean.

The substitute bill passed, as amended.

HB 2530, An act concerning income taxation; relating to certain credits therefrom;
amending K.S.A. 79-32,197 and K.S.A. 1998 Supp. 79-32,195 and repealing the existing
sections, was considered on final action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 4, An act concerning crimes, punishment and criminal procedure; expungement;
arrest records; driver's license restrictions for alcohol and drug-related offenses; amending
K.S.A. 1998 Supp. 8-1014, 8-1015, 8-1016, 12-4516, 12-4516a, 21-4619 and 22-2410 and
repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 97; Nays 27; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Allen, Aurand, Ballard, Ballou, Beggs, Benlon, Bethell, Boston,
Campbell, Carmody, Compton, Dahl, Dreher, Empson, Faber, Farmer, Findley, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilmore, Glasscock, Grant, Gregory,
Hayzlett, Helgerson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Phil Kline, Krehbiel, Landwehr, Light,
Lightner, Lloyd, M. Long, P. Long, Loyd, Mayans, McClure, McCreary, McKechnie,
McKinney, Minor, Morrison, Myers, Neufeld, Nichols, O'Connor, O'Neal, Osborne,
Palmer, Pauls, J. Peterson, Pottorff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff,
Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Swenson, Tanner,
Tedder, Thimesch, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.

Nays: Alldritt, Barnes, Burroughs, Cox, Crow, Edmonds, Feuerborn, Flaharty, Flora,
Gilbert, Haley, Henderson, Kirk, Klein, Phill Kline, Kuether, Lane, Larkin, Mason, Mays,
Mollenkamp, O'Brien, E. Peterson, Phelps, Rehorn, Storm, Toelkes.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

EXPLANATIONS OF VOTE
Mr. Speaker: I vote yes on SB 4. This bill is a step in the right direction to prevent the
annual deaths and automobile accidents in the State of Kansas. Drunk driving kills thousands
of people each year in the United States and I am pleased that the Kansas Legislature has
acted to do its part to reduce this destruction.--Doug Spangler

Mr. Speaker: I vote no on SB 4. Ignition interlock is a placebo; a gimmick. Kansas
M.A.D.D., which is certainly an authority on drunk driving, does not support its use.

The A.G.'s FATAL task force, on which I serve, studied dangerous driver profiles last
summer and does not recommend interlock.

Why would the Legislature take the power to really affect drunk driving from a sentencing
judge and replace it with this ``get-rich-quick-scheme'' some entrepreneur dreamed up
under the guise of ``public safety?'' This is perhaps the biggest scam of the Session and I,
for one, am not fooled.--David Haley

SB 48, An act concerning insurance; relating to reinsurance; amending K.S.A. 40-3634
and K.S.A. 1998 Supp. 40-221a and repealing the existing sections, was considered on final
action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 59, An act relating to sales taxation; concerning the religious organization purchase
exemption; amending K.S.A. 1998 Supp. 79-3606 and repealing the existing section, was
considered on final action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 108, An act regarding insurance, relating to coverage for off-label use of prescription
drugs; amending K.S.A. 1998 Supp. 40-2,103 and 40-19c09 and repealing the existing
sections, was considered on final action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 123, An act concerning the state corporation commission; amending K.S.A. 66-117a,
66-118l and 66-1,168 and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 114; Nays 10; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Garner,
Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Haley, Hayzlett, Helgerson,
Henderson, Henry, Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins,
Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, Larkin, Light, Lightner,
Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Nichols, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray,
Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vining,
Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: Ballou, Freeborn, Gregory, Howell, Jennison, Phill Kline, Landwehr, Neufeld,
Swenson, Vickrey.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed.

SB 169, An act relating to highways; designating a part of K-254 as the Senator Bill
Morris memorial highway; designating bridge no.008 as the Mike Hayden overpass bridge
and bridges no. 072 and no. 287 as the Herman G. Dillon bridges, was considered on final
action.

On roll call, the vote was: Yeas 108; Nays 16; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Bethell, Boston,
Burroughs, Compton, Cox, Crow, Dahl, Dreher, Empson, Farmer, Feuerborn, Findley,
Flaharty, Flora, Flower, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore,
Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes,
Holmes, Horst, Howell, Huff, Humerickhouse, Jenkins, Jennison, Johnson, Johnston, Kirk,
Klein, Phil Kline, Phill Kline, Krehbiel, Kuether, Lane, Larkin, Light, Lightner, Lloyd, M.
Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Myers, Neufeld, Nichols, O'Brien, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Tedder, Thimesch,
Toelkes, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wilk.

Nays: Aurand, Benlon, Campbell, Carmody, Edmonds, Faber, Franklin, Hutchins,
Landwehr, Mollenkamp, Morrison, O'Connor, Osborne, Swenson, Tomlinson, Wells.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 186, An act concerning school districts; exempting purchases of natural gas from
sealed bid requirements; authorizing payment of certain claims in advance of approval;
amending K.S.A. 72-6760 and K.S.A. 1998 Supp. 12-105b and repealing the existing
sections, was considered on final action.

On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline,
Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne,
Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon,
Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey,
Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 229, An act concerning elections; relating to appointment procedures for precinct
committees; amending K.S.A. 19-2606, 25-3801, and 72-7504 and repealing the existing
sections, was considered on final action.

On roll call, the vote was: Yeas 114; Nays 10; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Beggs, Benlon, Bethell, Boston,
Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dreher, Empson, Faber,
Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Hayzlett, Helgerson,
Henderson, Henry, Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins,
Jennison, Johnson, Kirk, Phil Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light,
Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mays, McClure, McCreary, McKechnie,
McKinney, Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor,
O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers,
Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan,
Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar,
Vickrey, Vining, Wagle, Weber, Wells, Welshimer, Wilk.

Nays: Ballou, Barnes, Edmonds, Haley, Howell, Johnston, Klein, Phill Kline, Mayans,
Weiland.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 230, An act concerning elections and election procedures; amending K.S.A. 25-306,
25-433, 25-4302, 25-4322, 25-4324 and 25-4607 and K.S.A. 1998 Supp. 25-1122, 25-1123,
25- 1124, 25-2309, 25-2316c, 25-2354 and repealing the existing sections; also repealing
K.S.A. 25- 2015, was considered on final action.

On roll call, the vote was: Yeas 96; Nays 28; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Allen, Aurand, Ballard, Beggs, Benlon, Bethell, Boston, Campbell,
Carmody, Compton, Cox, Crow, Dahl, Dreher, Empson, Faber, Farmer, Findley, Flower,
Franklin, Freeborn, Geringer, Gilbert, Gilmore, Glasscock, Gregory, Hayzlett, Helgerson,
Henry, Hermes, Holmes, Horst, Huff, Humerickhouse, Hutchins, Jenkins, Jennison,
Johnson, Phil Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Light, Lightner, Lloyd,
M. Long, P. Long, Loyd, Mason, Mayans, Mays, McCreary, Minor, Mollenkamp, Morrison,
Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, J. Peterson,
Pottorff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Schwartz, Sharp, Showalter,
Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wilk.

Nays: Alldritt, Ballou, Barnes, Burroughs, Edmonds, Feuerborn, Flaharty, Flora, Garner,
Gatewood, Grant, Haley, Henderson, Howell, Johnston, Kirk, Klein, Larkin, McClure,
McKechnie, McKinney, Pauls, E. Peterson, Phelps, Rehorn, Shriver, Spangler, Wells.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

SB 273 An act concerning certain municipalities; relating to the powers and duties of the
governing bodies thereof; amending K.S.A. 68-102a and K.S.A. 1998 Supp. 19-101a and 68-
102 and repealing the existing sections; also repealing K.S.A. 1998 Supp. 19-101i, was
considered on final action.

On roll call, the vote was: Yeas 120; Nays 4; Present but not voting: 0; Absent or not
voting: 1.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dreher, Edmonds,
Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn,
Garner, Gatewood, Geringer, Gilbert, Gilmore, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether,
Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J.
Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff,
Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.

Nays: Dahl, Glasscock, Phill Kline, Swenson.

Present but not voting: None.

Absent or not voting: Dean.

The bill passed, as amended.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Aurand in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Aurand, Committee of the Whole report, as follows, was adopted:

Recommended that SB 43, 81 be passed.

On motion of Rep. McKinney to refer SB 338 to Committee on Appropriations, the
motion was withdrawn, and the bill be passed.

Sub. HB 2405 (see Committee of the Whole, Afternoon Session); HR 6015 be passed
over and retain a place on the calendar.

Committee report to SB 12 be adopted; also, on motion of Rep. Flora be amended on
page 1, after line 42, by inserting a new section to read as follows:

``Sec. 2. K.S.A. 1998 Supp. 79-1448 is hereby amended to read as follows: 79-1448.
Any taxpayer may complain or appeal to the county appraiser from the classification or
appraisal of the taxpayer's property by giving notice to the county appraiser within 30 days
subsequent to the date of mailing of the valuation notice required by K.S.A. 79-1460, and
amendments thereto, for real property, and on or before May 15 for personal property. The
county appraiser or the appraiser's designee shall arrange to hold an informal meeting with
the aggrieved taxpayer with reference to the property in question. At such meeting it shall
be the duty of the county appraiser or the county appraiser's designee to initiate production
of evidence to substantiate the valuation of such property, including the affording to the
taxpayer of the opportunity to review the data sheet of comparable sales utilized in the
determination of such valuation. The county appraiser may extend the time in which the
taxpayer may informally appeal from the classification or appraisal of the taxpayer's property
for just and adequate reasons. Except as provided in K.S.A. 79-1404, and amendments
thereto, no informal meeting regarding real property shall be scheduled to take place after
May 15, nor shall a final determination be given by the appraiser after May 20. Any taxpayer
who is aggrieved by the final determination of the county appraiser may appeal to the hearing
officer or panel appointed pursuant to K.S.A. 79-1611, and amendments thereto, and such
hearing officer, or panel, for just cause shown and recorded, is authorized to change the
classification or valuation of specific tracts or individual items of real or personal property
in the same manner provided for in K.S.A. 79-1606, and amendments thereto. In lieu of
appealing to a hearing officer or panel appointed pursuant to K.S.A. 79-1611, and
amendments thereto, any taxpayer aggrieved by the final determination of the county
appraiser, except with regard to land devoted to agricultural use, wherein the value of the
property, is less than $2,000,000, as reflected on the valuation notice, or the property
constitutes single family residential property, may appeal to the small claims division of the
state board of tax appeals within the time period prescribed by K.S.A. 79-1606, and
amendments thereto. Any taxpayer who is aggrieved by the final determination of a hearing
officer or panel may appeal to the state board of tax appeals as provided in K.S.A. 79-1609,
and amendments thereto. An informal meeting with the county appraiser or the appraiser's
designee shall be a condition precedent to an appeal to the county or district hearing panel.'';

By renumbering existing sections accordingly;

On page 3, in line 5, before ``are'' by inserting ``and K.S.A. 1998 Supp. 79-1448'';

In the title, in line 12, before ``repealing'' by inserting ``K.S.A. 1998 Supp. 79-1448 and'';

Also, on motion of Rep. Vickrey to amend SB 12, the motion did not prevail, and the bill
be passed as amended.

Committee report to SB 45 be adopted; also, roll call was demanded on motion of Rep.
Landwehr to amend on page 2, after line 7, by inserting the following:

``New Sec. 2. For all taxable years commencing after December 31, 1998, there shall
be allowed as a credit against the tax liability imposed under the Kansas income tax act upon
an individual who is certificated to instruct and educate students of grades kindergarten
through 12 in an accredited school, whether public or otherwise, an amount, not to exceed
$300, equal to the purchase costs of equipment, materials or other teaching aids for use in
the classroom to assist in the education of the students of such individual. If the amount of
such tax credit exceeds the individual's income tax liability for the appropriate taxable year,
such excess amount shall be refunded.

New Sec. 3. For all taxable years commencing after December 31, 1998, there shall be
allowed as a credit against the tax liability imposed under the Kansas income tax act upon
an individual amounts incurred during the taxable year for education expenses for all
dependents of such individual attending an elementary or secondary school which is located
in Kansas which adheres to the provisions of the federal civil rights act of 1964 and the
Kansas act against discrimination, and attendance at which satisfies the requirements of
K.S.A. 72-1111, and amendments thereto. As used in this section: ''Education expenses``
include, but are not limited to, textbooks and other instructional materials and equipment
and computer hardware and software. The amount of such credit shall be 25% of the
amounts paid for education expenses in excess of $250, but shall not exceed $125 expended
for all dependents in any taxable year. If the amount of such tax credit exceeds the
individual's income tax liability for the appropriate taxable year, such excess amount shall
be refunded.

Sec. 4. K.S.A. 1998 Supp. 79-32,117 is hereby amended to read as follows: 79-32,117.
(a) The Kansas adjusted gross income of an individual means such individual's federal
adjusted gross income for the taxable year, with the modifications specified in this section.

(b) There shall be added to federal adjusted gross income:

(i) Interest income less any related expenses directly incurred in the purchase of state
or political subdivision obligations, to the extent that the same is not included in federal
adjusted gross income, on obligations of any state or political subdivision thereof, but to the
extent that interest income on obligations of this state or a political subdivision thereof issued
prior to January 1, 1988, is specifically exempt from income tax under the laws of this state
authorizing the issuance of such obligations, it shall be excluded from computation of Kansas
adjusted gross income whether or not included in federal adjusted gross income. Interest
income on obligations of this state or a political subdivision thereof issued after December
31, 1987, shall be excluded from computation of Kansas adjusted gross income whether or
not included in federal adjusted gross income.

(ii) Taxes on or measured by income or fees or payments in lieu of income taxes imposed
by this state or any other taxing jurisdiction to the extent deductible in determining federal
adjusted gross income and not credited against federal income tax. This paragraph shall not
apply to taxes imposed under the provisions of K.S.A. 79-1107 or 79-1108, and amendments
thereto, for privilege tax year 1995, and all such years thereafter.

(iii) The federal net operating loss deduction.

(iv) Federal income tax refunds received by the taxpayer if the deduction of the taxes
being refunded resulted in a tax benefit for Kansas income tax purposes during a prior
taxable year. Such refunds shall be included in income in the year actually received
regardless of the method of accounting used by the taxpayer. For purposes hereof, a tax
benefit shall be deemed to have resulted if the amount of the tax had been deducted in
determining income subject to a Kansas income tax for a prior year regardless of the rate
of taxation applied in such prior year to the Kansas taxable income, but only that portion of
the refund shall be included as bears the same proportion to the total refund received as
the federal taxes deducted in the year to which such refund is attributable bears to the total
federal income taxes paid for such year. For purposes of the foregoing sentence, federal
taxes shall be considered to have been deducted only to the extent such deduction does not
reduce Kansas taxable income below zero.

(v) The amount of any depreciation deduction or business expense deduction claimed
on the taxpayer's federal income tax return for any capital expenditure in making any
building or facility accessible to the handicapped, for which expenditure the taxpayer
claimed the credit allowed by K.S.A. 79-32,177, and amendments thereto.

(vi) Any amount of designated employee contributions picked up by an employer
pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965, and amendments to such
sections.

(vii) The amount of any charitable contribution made to the extent the same is claimed
as the basis for the credit allowed pursuant to K.S.A. 79-32,196, and amendments thereto.

(viii) The amount of any costs incurred for improvements to a swine facility, claimed
for deduction in determining federal adjusted gross income, to the extent the same is claimed
as the basis for any credit allowed pursuant to K.S.A. 1998 Supp. 79-32,204 and amendments
thereto.

(ix) The amount of any ad valorem taxes and assessments paid and the amount of any
costs incurred for habitat management or construction and maintenance of improvements
on real property, claimed for deduction in determining federal adjusted gross income, to
the extent the same is claimed as the basis for any credit allowed pursuant to K.S.A. 79-
32,203 and amendments thereto.

(x) The amount of any contributions made to an elementary or secondary school to the
extent the same is claimed as the basis for the credit allowed pursuant to section 2.

(c) There shall be subtracted from federal adjusted gross income:

(i) Interest or dividend income on obligations or securities of any authority, commission
or instrumentality of the United States and its possessions less any related expenses directly
incurred in the purchase of such obligations or securities, to the extent included in federal
adjusted gross income but exempt from state income taxes under the laws of the United
States.

(ii) Any amounts received which are included in federal adjusted gross income but which
are specifically exempt from Kansas income taxation under the laws of the state of Kansas.

(iii) The portion of any gain or loss from the sale or other disposition of property having
a higher adjusted basis for Kansas income tax purposes than for federal income tax purposes
on the date such property was sold or disposed of in a transaction in which gain or loss was
recognized for purposes of federal income tax that does not exceed such difference in basis,
but if a gain is considered a long-term capital gain for federal income tax purposes, the
modification shall be limited to that portion of such gain which is included in federal adjusted
gross income.

(iv) The amount necessary to prevent the taxation under this act of any annuity or other
amount of income or gain which was properly included in income or gain and was taxed
under the laws of this state for a taxable year prior to the effective date of this act, as
amended, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired
the right to receive the income or gain, or to a trust or estate from which the taxpayer
received the income or gain.

(v) The amount of any refund or credit for overpayment of taxes on or measured by
income or fees or payments in lieu of income taxes imposed by this state, or any taxing
jurisdiction, to the extent included in gross income for federal income tax purposes.

(vi) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the
extent that the same are included in federal adjusted gross income.

(vii) Amounts received as annuities under the federal civil service retirement system
from the civil service retirement and disability fund and other amounts received as
retirement benefits in whatever form which were earned for being employed by the federal
government or for service in the armed forces of the United States.

(viii) Amounts received by retired railroad employees as a supplemental annuity under
the provisions of 45 U.S.C. 228b (a) and 228c (a)(1) et seq.

(ix) Amounts received by retired employees of a city and by retired employees of any
board of such city as retirement allowances pursuant to K.S.A. 13-14,106, and amendments
thereto, or pursuant to any charter ordinance exempting a city from the provisions of K.S.A.
13-14,106, and amendments thereto.

(x) For taxable years beginning after December 31, 1976, the amount of the federal
tentative jobs tax credit disallowance under the provisions of 26 U.S.C. 280 C. For taxable
years ending after December 31, 1978, the amount of the targeted jobs tax credit and work
incentive credit disallowances under 26 U.S.C. 280 C.

(xi) For taxable years beginning after December 31, 1986, dividend income on stock
issued by Kansas Venture Capital, Inc.

(xii) For taxable years beginning after December 31, 1989, amounts received by retired
employees of a board of public utilities as pension and retirement benefits pursuant to K.S.A.
13-1246, 13-1246a and 13-1249 and amendments thereto.

(xiii) For taxable years beginning after December 31, 1993, the amount of income
earned on contributions deposited to an individual development account under K.S.A. 79-
32,117h, and amendments thereto.

(xiv) For all taxable years commencing after December 31, 1996, that portion of any
income of a bank organized under the laws of this state or any other state, a national banking
association organized under the laws of the United States, an association organized under
the savings and loan code of this state or any other state, or a federal savings association
organized under the laws of the United States, for which an election as an S corporation
under subchapter S of the federal internal revenue code is in effect, which accrues to the
taxpayer who is a stockholder of such corporation and which is not distributed to the
stockholders as dividends of the corporation.

(d) There shall be added to or subtracted from federal adjusted gross income the
taxpayer's share, as beneficiary of an estate or trust, of the Kansas fiduciary adjustment
determined under K.S.A. 79-32,135, and amendments thereto.

(e) The amount of modifications required to be made under this section by a partner
which relates to items of income, gain, loss, deduction or credit of a partnership shall be
determined under K.S.A. 79-32,131, and amendments thereto, to the extent that such items
affect federal adjusted gross income of the partner.'';

By renumbering sections accordingly;

Also, on page 2, in line 8, by striking ``is'' and inserting ``and K.S.A. 1998 Supp. 79-32,117
are'';

In the title, in line 12, by striking all after ``to''; by striking all in lines 13 and 14 and
inserting ``income taxation; concerning certain credits therefrom; amending K.S.A. 79-
32,202 and K.S.A. 1998 Supp. 79-32,117 and repealing the existing sections.'';

On roll call, the vote was: Yeas 82; Nays 41; Present but not voting: 0; Absent or not
voting: 2.

Yeas: Aday, Aurand, Ballard, Ballou, Bethell, Boston, Burroughs, Carmody, Compton,
Dahl, Edmonds, Faber, Farmer, Feuerborn, Flower, Franklin, Freeborn, Gatewood,
Geringer, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henry, Hermes,
Holmes, Horst, Howell, Humerickhouse, Hutchins, Jenkins, Johnston, Phill Kline,
Landwehr, Larkin, Light, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, McKechnie, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien,
O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Phelps, Pottorff, Powell, Powers,
Reardon, Schwartz, Showalter, Shultz, Sloan, Spangler, Tanner, Tedder, Thimesch,
Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Welshimer, Wilk.

Nays: Adkins, Alldritt, Allen, Barnes, Beggs, Benlon, Campbell, Cox, Crow, Dreher,
Empson, Findley, Flaharty, Flora, Garner, Gilbert, Henderson, Huff, Johnson, Kirk, Klein,
Phil Kline, Krehbiel, Kuether, Lane, Lightner, McKinney, Minor, E. Peterson, Ray, Rehorn,
Reinhardt, Ruff, Sharp, Shriver, Stone, Storm, Swenson, Toelkes, Tomlinson, Wells.

Present but not voting: None.

Absent or not voting: Dean, Jennison.

The motion of Rep. Landwehr prevailed.

Also, roll call was demanded on motion of Rep. O'Connor to amend SB 45 on page 2,
after line 7, by inserting a new section to read as follows:

``New Sec. 2. (a) Any business firm which makes a contribution to an elementary or
secondary school for the purpose of providing financial assistance in the form of scholarships
or other financial assistance for students who have been determined to be exceptional
children under the special education for exceptional children act shall be allowed a credit
against the tax imposed by the Kansas income tax act, the tax imposed on net income of
national banking associations, state banks, trust companies or savings and loan associations
by the provisions of article 11 of chapter 79 of the Kansas Statutes Annotated, or the tax
imposed on net income of insurance companies by the provisions of article 28 of chapter
40 of the Kansas Statutes Annotated. The amount of credit allowed shall not exceed 50%
of the total amount contributed during the taxable year. Any credit amount not used for the
taxable year the contribution was made may be carried over to any succeeding taxable year
until the total amount of the credit is used. In no event shall the total amount of credits
allowed under this section exceed $1,000,000 for any one fiscal year, except that such amount
shall be determined without regard to the amount of any credits being carried forward.

(b) As used in this section, ``business firm'' means any business entity authorized to do
business in the state of Kansas which is subject to the state income tax imposed by the
provisions of the Kansas income tax act, any national banking association, state bank, trust
company or savings and loan association paying an annual tax on its net income pursuant to
article 11 of chapter 79 of the Kansas Statutes Annotated, or any insurance company paying
an annual tax on its net income pursuant to article 28 or chapter 40 of the Kansas Statutes
Annotated.''; By renumbering existing sections accordingly;

In the title, in line 12, by striking all after ``to''; in line 13, by striking all before the
semicolon and inserting ``income taxation; relating to credits therefrom;'';

On roll call, the vote was: Yeas 57; Nays 63; Present but not voting: 0; Absent or not
voting: 5.

Yeas: Aurand, Bethell, Boston, Burroughs, Campbell, Carmody, Dahl, Faber, Farmer,
Flora, Franklin, Freeborn, Geringer, Gregory, Haley, Hayzlett, Henry, Holmes, Horst,
Howell, Hutchins, Jenkins, Johnston, Klein, Phill Kline, Kuether, Landwehr, Larkin, M.
Long, P. Long, Mason, Mayans, Mays, McClure, McCreary, McKechnie, Mollenkamp,
Morrison, Myers, Nichols, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Powell,
Powers, Reardon, Spangler, Thimesch, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland.

Nays: Aday, Adkins, Allen, Ballard, Ballou, Barnes, Beggs, Benlon, Compton, Cox, Crow,
Dreher, Edmonds, Empson, Feuerborn, Findley, Flaharty, Flower, Garner, Gatewood,
Gilbert, Gilmore, Glasscock, Grant, Helgerson, Henderson, Hermes, Huff, Humerickhouse,
Johnson, Kirk, Phil Kline, Krehbiel, Lane, Light, Lightner, Lloyd, Loyd, McKinney, Minor,
O'Brien, E. Peterson, Phelps, Pottorff, Ray, Rehorn, Reinhardt, Ruff, Schwartz, Sharp,
Showalter, Shriver, Sloan, Stone, Storm, Swenson, Tanner, Tedder, Toelkes, Tomlinson,
Wells, Welshimer, Wilk.

Present but not voting: None.

Absent or not voting: Alldritt, Dean, Jennison, Neufeld, Shultz.

The motion of Rep. O'Connor did not prevail, and SB 45 be passed as amended.

Committee report to SB 47 be adopted; and the bill be passed as amended.

Committee report to SB 124 be adopted; and the bill be passed as amended.

Committee report to HB 2538 be adopted; also, on motion of Rep. Loyd be amended
on page 2, following line 5, by inserting the following:

``(c) (1) the following chemicals shall not be offered for sale or sold through a vending
machine:

(A) Acetic anhydride (CAS No. 108-24-7);

(B) benzaldehyde (CAS No. 100-52-7);

(C) benzyl chloride (CAS No. 100-44-7);

(D) benzyl cyanide (CAS No. 140-29-4);

(E) diethylamine and its salts (CAS No. 109-89-7);

(F) ephedrine, its salts, optical isomers and salts of optical isomers (CAS No. 299-42-
3), except products containing ephedra or ma huang, which do not contain any chemically
synthesized ephedrine alkaloids, and are lawfully marketed as dietary supplements under
federal law;

(G) hydriodic acid (CAS No. 10034-85-2);

(H) iodine (CAS No. 7553-56-2);

(I) lithium (CAS No. 7439-93-2);

(J) methylamine and its salts (CAS No. 74-89-5);

(K) nitroethane (CAS No. 79-24-3);

(L) chloroephedrine, its salts, optical isomers, and salts of optical isomers (CAS No.
30572-91-9);

(M) phenylacetic acid, its esters and salts (CAS No. 103-82-2);

(N) phenylpropanolamine, its salts, optical isomers, and salts of optical isomers (CAS
No. 14838-15-4);

(O) piperidine and its salts (CAS No. 110-89-4);

(P) pseudoephedrine, its salts, optical isomers, and salts of optical isomers (CAS No.
90-82-4);

(Q) red phosphorous (CAS No. 7723-14-0);

(R) sodium (CAS No. 7440-23-5); and

(S) thionylchloride (CAS No. 7719-09-7);

(2) A violation of this subsection is a class C nonperson misdemeanor and upon
conviction the violator shall be fined not less than $25 nor more than $500.''; and HB 2538
be passed as amended.

Committee report to SB 97 be adopted; and the bill be passed as amended.

On motion of Rep. Mayans to amend SB 107, Rep. Empson requested a ruling on the
amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back to the motion of Rep. Mayans to amend. Rep. Empson
requested the question be divided. The question was divided. On Part A, SB 107 be
amended on page 3, preceding line 16, by inserting the following:

``Sec. 2. Sections 2 to 16, inclusive, of this act shall be known and may be cited as the
residential childhood lead poisoning prevention act.

Sec. 3. Definitions. As used in the residential childhood lead poisoning prevention act:

(a) ``Abatement'' means any measure or set of measures designed to permanently
eliminate lead-based paint hazards as defined in the federal program.

(b) ``Accredited training program'' means a training program that has been accredited
by the federal program or the secretary to present training courses to individuals engaged
in lead-based paint activities.

(c) ``Business entity'' means a company, partnership, corporation, sole proprietorship,
association, or other business concern.

(d) ``Certificate'' means an authorization issued by the secretary permitting an individual
to engage in lead-based paint activities.

(e) ``Federal program'' means subpart L, lead-based paint activities of 40 CFR part 745,
as in effect on the effective date of this act.

(f) ``Lead-based paint'' means paint or other surface coatings that contain lead equal to
or in excess of one milligram per square centimeter or more than 0.5% by weight.

(g) ``Lead-based paint activities'' means the inspection, assessment and abatement of
lead-based paint, including the disposal of waste generated therefrom.

(h) ``License'' means an authorization issued by the secretary permitting a business
entity to engage in lead-based paint activities.

(i) ``Public agency'' means any state agency or political or taxing subdivision of the state
and those federal departments, agencies or instrumentalities thereof which are not subject
to preemption.

(j) ``Secretary'' means the secretary of health and environment.

(k) ``Residential dwelling'' means a detached single family dwelling or a single family
dwelling unit in a structure that contains more than one separate residential dwelling unit
used as a place of residence for habitation by an individual or the individual's immediate
family, or both.

(l) ``Habitation'' means a place of abode or residence constructed before 1978 where
individuals eat, sleep and reside.

(m) ``Immediate family'' means spouse, parent, stepparent, child, stepchild or sibling.

Sec. 4. The secretary shall administer the provisions of the residential childhood lead
poisoning prevention act. In administering the provisions of the residential childhood lead
poisoning prevention act, the secretary shall be authorized to:

(a) Develop and implement a childhood lead poisoning prevention program as necessary
to protect the health of the children of Kansas, which may include provisions to:

(1) Investigate the extent of childhood lead poisoning in Kansas;

(2) develop a data management system designed to collect and analyze information on
childhood lead poisoning;

(3) develop and conduct programs to educate health care providers regarding the
magnitude and severity of and the necessary responses to lead poisoning in Kansas;

(4) issue recommendations for the methods and intervals for blood lead screening and
testing of children, taking into account recommendations by the United States centers for
disease control and prevention, except that no child shall be screened or tested if the child's
parent or guardian objects in writing on the ground that such screening or testing is contrary
to the parent's or guardian's religious beliefs and practices;

(5) develop and issue health advisories urging health care providers to conduct blood
lead screening of children;

(6) encourage health care providers to ensure that parents and guardians of children
are advised of the availability and advisability of screening and testing for lead poisoning;

(7) develop a program to assist local health departments in identification and follow-up
of cases of elevated blood lead levels in children and other high-risk individuals; and

(8) in consultation with appropriate federal, state and local agencies, develop a
comprehensive public education program regarding environmental lead exposures and lead
poisoning by:

(A) Identifying appropriate target groups that are in a position to prevent lead poisoning
or reduce the number of children who are exposed to lead;

(B) assessing the information needed for each of the target groups and determine the
best means of educating the members of each target groups; and

(C) disseminating the information to the target groups in an effective manner.

(b) adopt rules and regulations necessary for the administration of the residential
childhood lead poisoning prevention act including, but not limited to, licensure of business
entities and public agencies, certification of individuals, accreditation of training programs,
on-site inspections and requirements, notification and record keeping, procedures and work
practice standards relating to lead-based paint activities as are necessary to protect the public
health and safety;

(c) adopt by rules and regulations a reasonable schedule of fees for the issuance and
renewal of certificates and licenses, training program accreditations and on-site inspections.
The fees shall be periodically increased or decreased consistent with the need to cover the
direct and indirect costs to administer the program. At no time shall such fees exceed those
charged by the United States environmental protection agency for the same or similar
regulatory programs. The fees shall be based upon the amount of revenue determined by
the secretary to be required for proper administration of the provisions of the residential
childhood lead poisoning prevention act. State and local health department personnel
certifying for the purpose of environmental investigation of lead poisoned children shall be
exempted from licensure fees;

(d) conduct on-site inspections of procedures being utilized by a licensee during an
actual abatement project and conduct inspection of the records pertaining to the residential
childhood lead poisoning prevention act;

(e) adopt rules and regulations regarding the distribution of lead hazard information to
owners and occupants of housing prior to conducting renovation activities in housing;

(f) develop rules and regulations to control and disposition and reuse of architectural
debris that contains lead-based paint.

Sec. 5. (a) A business entity or public agency shall not engage in a lead-based paint
activity unless the business entity or public agency holds a license issued by the secretary
for that purpose.

(b) Except as otherwise provided in the residential childhood lead poisoning prevention
act, no individual shall engage in lead-based paint activities unless the individual holds a
certificate issued by the secretary for that purpose. In order to qualify for a certificate, an
individual must have successfully completed an accredited training program and pass a third
party exam as required by the secretary. Any individual who owns and resides in a residential
dwelling may perform lead-based paint activities within such residential dwelling even
though such individual does not hold a certificate for that purpose under the residential
childhood lead poisoning prevention act. All work performed by such individual owner of a
residential dwelling must be performed in accordance with state and federal guidelines or
statutes, or both.

(c) Any business or public agency that owns or leases a nonresidential dwelling may
perform lead-based paint activities within such facility even though such business or public
agency does not hold a certificate for that purpose under the residential childhood lead
poisoning prevention act. All work performed by a business or public agency on such facility
must be performed in accordance with state and federal guidelines or statutes, or both.

Sec. 6. In order to qualify for a license, a business entity or public agency shall:

(a) Ensure that each employee or agent of the business entity or public agency who will
engage in a lead-based paint activity is certified;

(b) demonstrate to the satisfaction of the secretary that the business entity or public
agency is capable of complying with all requirements, procedures and standards of the
United States environmental protection agency, the United States occupational safety and
health administration and the secretary, as applicable, to lead-based paint activities;

(c) comply with all rules and regulations adopted by the secretary under the residential
childhood lead poisoning prevention act; and

(d) allow representatives of the secretary, after identification, to enter and inspect any
habitation or property on which a habitation is situated at any reasonable time with consent
of the owner or under search warrant for the purpose of inspecting lead-based paint activities
as required in order to implement provisions of the residential childhood lead poisoning
prevention act.

Sec. 7. The secretary shall remit all moneys received from the fees established pursuant
to the residential childhood lead poisoning prevention act to the state treasurer at least
monthly. Upon receipt of each remittance, the state treasurer shall deposit the entire amount
thereof in the lead-based paint hazard fee fund established in section 8 and amendments
thereto.

Sec. 8. (a) There is established in the state treasury the lead-based paint hazard fee
fund. Revenue from the following sources shall be deposited in the state treasury and
credited to the fund:

(1) Fees collected under the residential childhood lead poisoning prevention act for
licensure and certification to engage in lead-based paint activities, accreditation of training
programs and fees for evaluation of abatement projects;

(2) any moneys recovered by the state under the residential childhood lead poisoning
prevention act, including administrative expenses, civil penalties and moneys paid under
any agreement, stipulation or settlement;

(3) any moneys collected or received from public or private grants and from gifts and
donations; and

(4) interest attributable to investment of moneys in the fund.

(b) Moneys deposited in the fund shall be expended only for the purpose of
administering the residential childhood lead poisoning prevention act and for no other
governmental purposes.

(c) On or before the 10th day of each month, the director of accounts and reports shall
transfer from the state general fund to the lead-based paint hazard fee fund interest earnings
based on:

(1) The average daily balance of moneys in the lead-based paint hazard fee fund for the
preceding month; and

(2) the net earnings rate of the pooled money investment portfolio for the preceding
month.

(d) All expenditures from the fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to vouchers approved
by the secretary for the purposes set forth in this section.

Sec. 9. (a) The secretary may refuse to issue a license or may suspend or revoke any
license issued under the residential childhood lead poisoning prevention act if the secretary
finds, after notice and hearing conducted in accordance with the provisions of the Kansas
administrative procedure act, that the applicant or licensee has:

(1) Fraudulently or deceptively obtained or attempted to obtain a license;

(2) failed at any time to meet the qualifications for a license or to comply with any rules
and regulations adopted by the secretary under the residential childhood lead poisoning
prevention act;

(3) failed at any time to meet any applicable federal or state standard for lead-based
paint activities; or

(4) employed or permitted an uncertified individual to work on a lead-based paint
activity.

(b) The secretary may refuse to issue a certificate or may suspend or revoke any
certificate issued under the residential childhood lead poisoning prevention act if the
secretary finds, after notice and hearing conducted in accordance with the provisions of the
Kansas administrative procedure act, that the applicant for certificate or certificate holder
has:

(1) Fraudulently or deceptively obtained or attempted to obtain a certificate; or

(2) failed at any time to meet qualifications for a certificate or to comply with any
provision or requirement of the residential childhood lead poisoning prevention act or any
rules and regulations adopted by the secretary under the residential childhood lead
poisoning prevention act.

(c) The secretary may deny, suspend or revoke any accreditation of a training program
under the residential childhood lead poisoning prevention act if the secretary finds, after
notice and hearing conducted in accordance with the provisions of the Kansas administrative
procedure act, that the applicant for training program accreditation or training provider has:

(1) Fraudulently or deceptively obtained or attempted to obtain accreditation of a
training program;

(2) failed at any time to meet the qualifications to obtain accreditation of a training
program or to comply with any rules and regulations adopted by the secretary under the
residential childhood lead poisoning prevention act;

(3) failed to maintain or provide information on training programs; or

(4) falsified information, accreditation or approval records, instructor qualification
information or other accreditation or approval information required to be submitted by the
secretary.

(d) Any individual, business entity or accredited training program aggrieved by a
decision or order of the secretary may appeal the order or decision in accordance with the
provisions of the act for judicial review and civil enforcement of agency actions.

(e) (1) If the secretary finds that the public health or safety is endangered by the
continuation of an abatement project, the secretary may temporarily suspend, without notice
or hearing in accordance with the emergency adjudication procedures of the provisions of
the Kansas administrative procedure act, the license of the business entity or public agency
or the certificate of any person engaging in such abatement project.

(2) In no case shall a temporary suspension of a license or certificate under this section
be in effect for a period of time in excess of 90 days. At the end of such period of time, the
license or certificate shall be reinstated unless the secretary has suspended or revoked the
license or certificate, after notice and hearing in accordance with the provisions of the
residential childhood lead poisoning prevention act, or the license has expired as otherwise
provided under the residential childhood lead poisoning prevention act.

Sec. 10. Whenever an authorized agency of the secretary finds that any individual,
business entity, accredited program or public agency is not in compliance with the residential
childhood lead poisoning prevention act or any rules and regulations adopted under the
residential childhood lead poisoning prevention act, it shall be the duty of such agent to
notify the individual, business entity, accredited program or public agency in writing of such
changes or alterations as the agency shall deem necessary in order to comply with the
requirements of the residential childhood lead poisoning prevention act and any rules and
regulations adopted under the residential childhood lead poisoning prevention act, and the
agency shall file a copy of such notice with the secretary. It shall thereupon be the duty of
the individual, business entity, accredited program or public agency to make such changes
or alterations as are contained in the written notice within five days from the receipt of such
notice.

Sec. 11. Any individual, business entity, public agency or accredited training program
which knowingly violates any provision of the residential childhood lead poisoning
prevention act or any rules and regulations adopted under the residential childhood lead
poisoning prevention act is guilty:

(a) For a first offense, of a class C misdemeanor; and

(b) for a second offense or subsequent offense, of a class B misdemeanor.

Sec. 12. (a) Any individual, business entity, accredited training program or public
agency who violates any provision of the residential childhood lead poisoning prevention act
or any rules and regulations adopted under the residential childhood lead poisoning
prevention act, in addition to any other penalty or litigation provided by law, may incur a
civil penalty imposed under subsection (b) in a maximum amount not to exceed $1,000 for
the first violation, $5,000 for each subsequent violation and, in the case of a continuing
violation, every day such previously notified violation continues shall be deemed a separate
violation.

(b) The secretary, upon finding that any individual, business entity, accredited training
program or public agency has violated any provision of the residential childhood lead
poisoning prevention act or any rules and regulations adopted under the residential
childhood lead poisoning prevention act, may impose a civil penalty within the limits
provided in this section upon such individual, business entity, accredited training program
or public agency which civil penalty shall be in an amount to constitute an actual and
substantial economic deterrent to the violation for which the civil penalty is assessed.

(c) The secretary, upon finding that an individual, business entity, accredited training
program or public agency has violated any provision of the residential childhood lead
poisoning prevention act or rules and regulations adopted under the residential childhood
lead poisoning prevention act, may issue an order finding such individual, business entity,
accredited training program or public agency in violation of the residential childhood lead
poisoning prevention act and directing the individual, business entity, accredited training
program or public agency to take such action as necessary to correct the violation.

(d) No civil penalty shall be imposed under this section except upon the written order
of the secretary after notification and hearing, if a hearing is requested, in accordance with
the provisions of the Kansas administrative procedure act.

(e) Any individual, business entity, accredited training program or public agency
aggrieved by an order of the secretary made under this section may appeal such order to
the district court in the manner provided by the act for judicial review and civil enforcement
of agency actions.

(f) Any penalty recovered pursuant to the provisions of this section shall be remitted to
the state treasurer and deposited in the lead-based paint hazard fee fund.

(g) The secretary shall use penalties recovered pursuant to the provisions of this section
to establish a grant program for communities to conduct activities designed to reduce or
eliminate exposure of children to residential lead-based paint hazards.

Sec. 13. Notwithstanding any other remedy and in addition to any other remedy, the
secretary may maintain, in the manner provided by the act for judicial review and civil
enforcement of agency actions, an action in the name of the state of Kansas for injunction
or other process against any business entity or individual to restrain or prevent any violation
of the provisions of the residential childhood lead poisoning prevention act or of any rules
and regulations adopted under the residential childhood lead poisoning prevention act.

Sec. 14. Licensure, certification or training program accreditation for a business entity,
public agency or individual who engages in lead-based paint activities shall not be required
until such time as the secretary adopts rules and regulations to implement the provisions of
the residential childhood lead poisoning prevention act.

Sec. 15. The audit privilege recognized in K.S.A. 1998 Supp. 60-332 through 60-339
does not pertain to the residential childhood lead poisoning prevention act.

Sec. 16. On July 1, 2004, the provisions of sections 2 to 16, inclusive, of this act are
hereby repealed.

Sec. 17. (a) In order to reorganize the administration and regulation of the state's
policies related to public health, there is hereby established within the executive branch of
government, the Kansas department of health.

(b) The provisions of the Kansas governmental operations accountability law shall apply
to the Kansas department of health, and the department is subject to audit, review and
evaluation under such law.

(c) The provisions of this section shall be effective on and after October 1, 1999.

And by renumbering sections accordingly;

Also on page 3, in line 18, by striking ``statute book'' and inserting ``Kansas register'';

On page 1, in the title, in line 11, after ``ACT'' by inserting enacting the residential
childhood lead poisoning prevention act

Roll call was demanded on Part B of the motion of Rep. Mayans to amend

Sec. 18. (a) The Kansas department of health shall be administered under the direction
and supervision of the secretary of health, who shall be appointed by the governor subject
to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto.
The secretary shall serve at the pleasure of the governor. The secretary of health shall be
in the unclassified service under the Kansas civil service act and shall receive an annual
salary fixed by the governor.

(b) The provisions of the Kansas governmental operations accountability law shall apply
to the office of secretary of health, and the office is subject to audit, review and evaluation
under such law.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 19. (a) The secretary of health may appoint assistant secretaries and a chief
attorney who shall serve at the pleasure of the secretary. The assistant secretaries and chief
attorney shall be in the unclassified service under the Kansas civil service act and shall
receive annual salaries fixed by the secretary of health and approved by the governor. The
secretary of health also may appoint such other staff assistants, attorneys and employees
necessary to enable the secretary to carry out the duties of the office. Such other staff
assistants, attorneys and employees shall be in the classified service under the Kansas civil
service act. Assistant secretaries, other staff assistants and employees shall have powers,
duties and functions as are assigned to them by the secretary or as prescribed by law. The
assistant secretaries, staff assistants and employees shall act for and exercise the powers of
the secretary of health to the extent authority to do so is delegated by the secretary of health
as provided by law. The secretary of health may appoint one public information officer, one
personal secretary and one special assistant who shall be in the unclassified service under
the Kansas civil service act and shall receive compensation fixed by the secretary of health
and approved by the governor.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 20. (a) All employees of the department of health and environment as it existed
prior to October 1, 1999, in the health officer II job class and all employees of the
department of health created pursuant to this act in the health officer II job class, or any
successor job class that may be approved under K.S.A. 75-2938, and amendments thereto,
which has substantially the same duties and responsibilities shall be in the unclassified
service under the Kansas civil service act.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 21. (a) The secretary of health may create advisory committees. Members of such
advisory committees shall receive compensation in an amount determined by the secretary
and approved by the finance council.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 22. (a) The secretary of health shall adopt all general policies and rules and
regulations relating to all forms of health which are administered or supervised by or under
the department of health.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 23. (a) Except as otherwise provided by law, the secretary of health shall have the
legal custody of all records, memoranda, writings, entries, prints, representations or
combinations thereof, of any action, transaction, occurrence or event of the department of
health.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 24. (a) The secretary of health may contract for the services of persons who are
not officers or employees of the department of health to act as hearing officers on behalf
of the secretary of health in conducting hearings authorized by law to be conducted by a
hearing officer designated by the secretary. Compensation for a person employed as a
hearing officer pursuant to a contract under this section shall be fixed by the provisions of
the contract.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 25. (a) In order to reorganize the administration and regulation of the state's
policies related to the environment, there is hereby established within the executive branch
of government, the Kansas department of environment.

(b) The provisions of the Kansas governmental operations accountability law shall apply
to the department of environment, and the department is subject to audit, review and
evaluation under such law.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 26. (a) The Kansas department of environment shall be administered under the
direction and supervision of the secretary of environment, who shall be appointed by the
governor subject to confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto. The secretary shall serve at the pleasure of the governor. The secretary
of environment shall be in the unclassified service under the Kansas civil service act and
shall receive an annual salary fixed by the governor.

(b) The provisions of the Kansas governmental operations accountability law shall apply
to the office of secretary of environment, and the office is subject to audit, review and
evaluation under such law.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 27. (a) The secretary of environment may appoint assistant secretaries and a chief
attorney who shall serve at the pleasure of the secretary. The assistant secretaries and chief
attorney shall be in the unclassified service under the Kansas civil service act and shall
receive annual salaries fixed by the secretary of environment and approved by the governor.
The secretary of environment also may appoint such other staff assistants, attorneys and
employees necessary to enable the secretary to carry out the duties of the office. Such other
staff assistants, attorneys and employees shall be in the classified service under the Kansas
civil service act. Assistant secretaries, other staff assistants and employees shall have powers,
duties and functions as are assigned to them by the secretary or as prescribed by law. The
assistant secretaries, staff assistants and employees shall act for and exercise the powers of
the secretary of environment to the extent authority to do so is delegated by the secretary
of environment as provided by law. The secretary of environment may appoint one public
information officer, one personal secretary and one special assistant who shall be in the
unclassified service under the Kansas civil service act and shall receive compensation fixed
by the secretary of environment and approved by the governor.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 28. (a) The secretary of environment may create advisory committees. Members
of such advisory committees shall receive compensation in an amount determined by the
secretary and approved by the finance council.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 29. (a) The secretary of environment shall adopt all general policies and rules and
regulations relating to all forms of environment which are administered or supervised by or
under the department of environment.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 30. (a) Except as otherwise provided by law, the secretary of environment shall
have the legal custody of all records, memoranda, writings, entries, prints, representations
or combinations thereof, of any action, transaction, occurrence or event of the department
of environment.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 31. (a) The secretary of environment may contract for the services of persons who
are not officers or employees of the department of environment to act as hearing officers
on behalf of the secretary of environment in conducting hearings authorized by law to be
conducted by a hearing officer designated by the secretary. Compensation for a person
employed as a hearing officer pursuant to a contract under this section shall be fixed by the
provisions of the contract.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 32. (a) The Kansas department of health and environment and the secretary of
health and environment created by K.S.A. 75-5601, and amendments thereto, are hereby
abolished.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 33. (a) The division of health established pursuant to K.S.A. 75-5603, and
amendments thereto, and the position of director of the division of health are hereby
abolished.

(b) Except as otherwise provided by this act, all powers, duties and functions of the
existing division of health and the existing director of the division of health are hereby
transferred to and conferred and imposed upon the secretary of health established by this
act.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 34. (a) The division of environment established pursuant to K.S.A. 75-5605, and
amendments thereto, and the position of director of the division of environment are hereby
abolished.

(b) Except as otherwise provided by this act, all powers, duties and functions of the
existing division of environment and the existing director of the division of environment are
hereby transferred to and conferred and imposed upon the secretary of environment
established by this act.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 35. (a) Except as otherwise provided by this act, whenever the Kansas department
of health and environment or words of like effect is referred to or designated by a statute,
contract or other document, such reference or designation shall be deemed to apply to the
Kansas department of health or the Kansas department of environment as established by
this act. If any conflict arises as to whether the department of health or department of
environment is being designated or referenced, such conflict shall be resolved by the
governor whose decision shall be final.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 36. (a) All rules and regulations of the secretary of health and environment in
existence on the effective date of this act shall continue to be effective and shall be deemed
to be duly adopted rules and regulations of the secretary of health or the secretary of
environment established by this act until amended or revoked pursuant to law. The
determination of which rules and regulations shall be administered by the secretary of health
or the secretary of environment shall be made based upon the terms of this act. If any
conflict arises as to the responsibility for enforcement or administration of rules and
regulations of the secretary of health and environment, such conflict shall be resolved by
the governor whose decision shall be final.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 37. (a) All certificates, permits, licenses, orders and directives of the Kansas
department of health and environment or the secretary of health and environment in
existence on the effective date of this act shall continue to be effective and shall be deemed
to be the certificates, permits, licenses, orders and directives of either the secretary of health
or the secretary of environment until amended or revoked pursuant to law. The
determination as to whether the certificates, permits, licenses, orders and directives of the
Kansas department of health and environment or the secretary of health and environment
shall be the responsibility of the secretary of health or the secretary of environment shall
be determined pursuant to the provisions of this act. If any conflict arises as to the
responsibility for such certificates, permits, licenses, orders and directives, the conflict shall
be resolved by the governor whose decision shall be final.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 38. (a) The Kansas department of health and the Kansas department of
environment and the secretary of health and the secretary of environment established by
this act respectively shall be continuations of the Kansas department of health and
environment, the secretary of health and environment, the director of the division of health
and the director of the division of environment.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 39. (a) Except as otherwise provided in this act, on the effective date of this act
officers and employees who, immediately prior to such date, were engaged in the
performance of powers, duties or functions of any state agency or office which is abolished
by this act or which becomes a part of the department of health or the powers, duties and
functions of which are transferred to the secretary of health and who in the opinion of the
secretary of health are necessary to perform the powers, duties and functions of the Kansas
department of health shall be transferred to and shall become officers and employees of the
Kansas department of health. Any such officer or employee shall retain all retirement
benefits and all rights of civil service which have accrued to or vested in such officer or
employee prior to the effective date of this act. The service of each such officer and
employee so transferred shall be deemed to have been continuous. If a conflict arises as to
whether an officer or employee shall be assigned to the Kansas department of health or the
Kansas department of environment, such conflict shall be resolved by the governor whose
decision shall be final.

(b) Nothing in this act shall affect the classified status of any person employed as a
classified employee of the department of health and environment on the day immediately
preceding the effective date of this section and the unclassified status shall apply only to
persons appointed to such positions on and after the effective date of this section.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 40. (a) Except as otherwise provided in this act, on the effective date of this act
officers and employees who, immediately prior to such date, were engaged in the
performance of powers, duties or functions of any state agency or office which is abolished
by this act or which becomes a part of the department of environment or the powers, duties
and functions of which are transferred to the secretary of environment and who in the
opinion of the secretary of environment are necessary to perform the powers, duties and
functions of the Kansas department of environment shall be transferred to and shall become
officers and employees of the Kansas department of environment. Any such officer or
employee shall retain all retirement benefits and all rights of civil service which have accrued
to or vested in such officer or employee prior to the effective date of this act. The service
of each such officer and employee so transferred shall be deemed to have been continuous.
If a conflict arises as to whether an officer or employee shall be assigned to the Kansas
department of health or the Kansas department of environment, such conflict shall be
resolved by the governor whose decision shall be final.

(b) Nothing in this act shall affect the classified status of any person employed as a
classified employee of the department of health and environment on the day immediately
preceding the effective date of this section and the unclassified status shall apply only to
persons appointed to such positions on and after the effective date of this section.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 41. (a) Except as otherwise provided in this act, the Kansas department of health
shall succeed to all contracts, property, property rights and records which were used for or
pertain to the performance of the powers, duties and functions transferred to the secretary
of health. Except as provided in this act, the Kansas department of environment shall
succeed to all contracts, property, property rights and records which were used for or pertain
to the performance of the powers, duties and functions transferred to the secretary of
environment. If any conflict as to the proper disposition of contracts, property, property
rights or records arising under this act and resulting from the transfer, attachment or
abolition of any state agency or office or all or part of the powers, duties and functions, such
conflict shall be resolved by the governor whose decision shall be final.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 42. (a) No suit, action or other proceeding, judicial or administrative, lawfully
commenced or which could have been commenced by or against any state agency abolished
in this act or by or against any officer of the state in such officer's official capacity or in
relation to the discharge of such officer's official duties shall abate by reason of the
governmental reorganization under the provisions of this act. The court may allow any such
suit, action or other proceeding to be maintained by or against the successor of such state
agency or any officer affected.

(b) No criminal action commenced or which could have been commenced by the state
shall abate by reason of the governmental reorganization under the provisions of this act.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 43. (a) The balance of all funds appropriated and reappropriated to any state
agency abolished by this act is hereby transferred to either the Kansas department of health
or the Kansas department of environment and shall be used only for the purpose for which
the appropriation was originally made. The determination of whether particular funds shall
be transferred to the department of health or to the department of environment shall be
made pursuant to the terms of this act. If any conflict arises as to the proper disposition of
funds, such conflict shall be resolved by the governor whose decision shall be final.

(b) On the effective date of this act, the liability for all accrued compensation or salaries
of officers and employees who, immediately prior to such date, were engaged in the
performance of powers, duties or functions of any state agency or office abolished by this
act or which becomes a part of the Kansas department of health or the Kansas department
of environment established by this act or the powers, duties and functions which are
transferred to the secretary of health or the secretary of environment provided for by this
act shall be assumed and paid by the Kansas department of health or the Kansas department
of environment. The determination as to which department shall be liable for particular
accrued compensation or salaries shall be made pursuant to the terms of this act. If any
conflict arises as to which agency shall be responsible for particular accrued compensation
or salaries, such conflict shall be resolved by the governor whose decision shall be final.

(c) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 44. (a) The secretary of health may organize the department of health in the
manner deemed most efficient, so long as the same is not in conflict with law. The assistant
secretaries, staff assistants and employees shall perform such duties and exercise such
powers as prescribed by law and such other duties as the secretary of health prescribes.
Such assistant secretaries shall act for, and exercise the powers of the secretary of health to
the extent authority to do so is delegated by the secretary of health. Personnel of the division
shall perform such duties and exercise such powers as the assistant secretary or the head of
the division may prescribe and such duties and powers as prescribed by law. Personnel of
the division shall act for, and exercise the powers of their assistant secretary or division head
to the extent authority to do so is delegated by the assistant secretary or division head.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 45. (a) The secretary of environment may organize the department of environment
in the manner deemed most efficient, so long as the same is not in conflict with law. The
assistant secretaries, staff assistants and employees shall perform such duties and exercise
such powers as prescribed by law and such other duties as the secretary of environment
prescribes. Such assistant secretaries shall act for, and exercise the powers of the secretary
of environment to the extent authority to do so is delegated by the secretary of environment.
Personnel of the division shall perform such duties and exercise such powers as the assistant
secretary or the head of the division may prescribe and such duties and powers as prescribed
by law. Personnel of the division shall act for, and exercise the powers of their assistant
secretary or division head to the extent authority to do so is delegated by the assistant
secretary or division head.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 46. The governor and the secretary of health and environment shall prepare a
transition plan to provide for the separation of duties into the department of health and the
department of environment pursuant to the provisions of this act.

Sec. 47. (a) The Kansas department of health created pursuant to section 17, and
amendments thereto, and the office of secretary of health, created by section 18, and
amendments thereto, hereby are subjected to audit under the Kansas governmental
operations accountability law, and to review and evaluation during the 2004 regular session
of the legislature, or such other regular session of the legislature designated by the legislative
post audit committee in accordance with the provisions of subsection (c) of K.S.A. 74-7285,
and amendments thereto.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 48. (a) The Kansas department of environment created pursuant to section 25,
and amendments thereto, and the office of secretary of environment, created by section 26,
and amendments thereto, hereby are subjected to audit under the Kansas governmental
operations accountability law, and to review and evaluation during the 2004 regular session
of the legislature, or such other regular session of the legislature designated by the legislative
post audit committee in accordance with the provisions of subsection (c) of K.S.A. 74-7285,
and amendments thereto.

(b) The provisions of this section shall be effective on and after October 1, 1999.

Sec. 49. On and after October 1, 1999, K.S.A. 75-5601, 75-5602, 75-5603, 75-5604, 75-
5605, 75-5606, 75-5607, 75-5608, 75-5609, 75-5610, 75-5610a, 75-5611, 75-5611a, 75-5612,
75-5613, 75-5616, 75-5617, 75-5618, 75-5619, 75-5620, 75-5621, 75-5622, 75-5623, 75-
5624, 75-5625 and section 46 of this act and K.S.A. 1998 Supp. 74-72,102 are hereby
repealed.'';

On roll call, the vote was: Yeas 48; Nays 72; Present but not voting: 0; Absent or not
voting: 5.

Yeas: Adkins, Alldritt, Allen, Barnes, Beggs, Benlon, Campbell, Carmody, Crow,
Edmonds, Empson, Faber, Farmer, Flora, Franklin, Gilbert, Gregory, Haley, Howell, Huff,
Jenkins, Johnston, Klein, Landwehr, Lightner, P. Long, Mayans, McCreary, Myers,
O'Connor, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Ruff, Shultz, Sloan, Spangler,
Stone, Storm, Swenson, Toelkes, Tomlinson, Wagle, Welshimer, Wilk.

Nays: Aday, Aurand, Ballard, Ballou, Bethell, Boston, Compton, Cox, Dahl, Dreher,
Feuerborn, Findley, Flaharty, Flower, Freeborn, Garner, Gatewood, Geringer, Gilmore,
Glasscock, Grant, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst,
Humerickhouse, Hutchins, Jennison, Johnson, Kirk, Phil Kline, Krehbiel, Kuether, Larkin,
Light, Lloyd, M. Long, Loyd, Mason, Mays, McClure, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Neufeld, Nichols, O'Brien, O'Neal, Osborne, Pauls, E. Peterson, J.
Peterson, Phelps, Reinhardt, Schwartz, Sharp, Showalter, Shriver, Tanner, Tedder,
Thimesch, Toplikar, Vickrey, Vining, Weber, Weiland, Wells.

Present but not voting: None.

Absent or not voting: Burroughs, Dean, Phill Kline, Lane, Palmer.

Part B of the motion of Rep. Mayans did not prevail, and SB 107 be passed as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Education recommends SB 38, as amended by Senate Committee,
be amended on page 1, by striking all of lines 16 through 43;

On pages 2, 3 and 4, by striking all of lines 1 through 43;

On page 5, by striking all of lines 1 through 41; following line 41, by inserting four new
sections as follows:

``New Section 1. As used in sections 1 and 2, and amendments thereto:

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

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

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

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

(e) ``Chief administrative officer of a school'' means, in the case of a public school, the
superintendent of schools and, in the case of an accredited nonpublic school, the person
designated as chief administrative officer by the governing authority of the school.

(f) ``Weapon'' means (1) any weapon which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive; (2) the frame or receiver of
any weapon described in the preceding example; (3) any firearm muffler or firearm silencer;
(4) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a
propellant charge of more than four ounces, (D) missile having an explosive or incendiary
charge of more than 1/4 ounce (E) mine, or (F) similar device; (5) any weapon which will,
or which may be readily converted to, expel a projectile by the action of an explosive or
other propellant, and which has any barrel with a bore of more than 1/2 inch in diameter;
(6) any combination of parts either designed or intended for use in converting any device
into any destructive device described in the two immediately preceding examples, and from
which a destructive device may be readily assembled; (7) any bludgeon, sandclub, metal
knuckles or throwing star; (8) any knife, commonly referred to as a switch-blade, which has
a blade that opens automatically by hand pressure applied to a button, spring or other device
in the handle of the knife, or any knife having a blade that opens or falls or is ejected into
position by the force of gravity or by an outward, downward or centrifugal thrust or
movement. The term ``weapon'' does not include within its meaning (1) an antique firearm;
(2) any device which is neither designed nor redesigned for use as a weapon; (3) any device,
although originally designed for use as a weapon, which is redesigned for use as a signaling,
pyrotechnic, line throwing, safety, or similar device; (4) surplus ordinance sold, loaned, or
given by the secretary of the army pursuant to the provisions of section 4684(2), 4685, or
4686 of title 10 of the United States Code; (5) class C common fireworks.

(g) ``Controlled substance'' has the meaning ascribed thereto in K.S.A. 65-4101, and
amendments thereto.

(h) ``Illegal drug'' means a controlled substance but does not include such a substance
that is legally possessed or used under the supervision of a licensed health-care professional
or that is legally possessed or used under authority of any federal or state law.

New Sec. 2. (a) Whenever a pupil who has attained the age of 13 years has been
expelled from school or suspended for an extended term in accordance with the statutory
provisions contained in articles 89 or 89a of chapter 72 of Kansas Statutes Annotated, and
such expulsion or extended-term suspension was imposed upon the pupil for:

(1) Possession of a weapon at school, upon school property, or at a school-supervised
activity; or

(2) possession, use, sale or distribution of an illegal drug or a controlled substance at
school, upon school property, or at a school-supervised activity; or

(3) behavior at school, upon school property, or at a school-supervised activity, which
resulted in, or was substantially likely to have resulted in, serious bodily injury to others,
the chief administrative officer of the school from which the pupil was expelled or suspended
shall give written notice to the division of vehicles of the department of revenue of the
expulsion or suspension of the pupil. The notice of expulsion or suspension shall be given
to the division of vehicles within three days, excluding holidays and weekends, after
imposition of the expulsion or suspension and shall include the pupil's name, address, date
of birth, driver's license number, if available, and the reason or reasons for the expulsion or
suspension. Upon receipt of notification of the suspension or expulsion of a pupil from school
as provided in this section, the division of vehicles shall suspend the pupil's driver's license
or privilege to operate a motor vehicle on the streets and highways of this state. The duration
of the suspension shall be for a period of one year. Upon expiration of the period of
suspension, the pupil may apply to the division for return of the license. If the license has
expired, the pupil may apply for a new license, which shall be issued promptly upon payment
of the proper fee and satisfaction of other conditions established by law for obtaining a
license unless another suspension or revocation of the pupil's privilege to operate a motor
vehicle is in effect.

(b) If a pupil who is expelled or suspended from school as provided in this section does
not have a driver's license, the pupil's driving privileges shall be revoked. No Kansas driver's
license shall be issued to a pupil whose driving privileges have been revoked pursuant to
this subsection for a period of one year:

(1) Immediately following the date of receipt by the division of notification of the pupil's
expulsion or suspension, if the pupil is eligible to apply for a driver's license; or

(2) after the date the pupil will be eligible to apply for a driver's license, if the pupil is
not eligible to apply for a driver's license on the date of receipt of the notification.

(c) If the pupil's driving privileges have been revoked, suspended or canceled for
another cause, the suspension or revocation required by this section shall apply consecutively
to the previous revocation, suspension or cancellation.

(d) For the purposes of this section, the term driver's license includes, in addition to
any commercial driver's license and any class A, B, C or M driver's license, any restricted
license issued under K.S.A. 8-237, and amendments thereto, any instruction permit issued
under K.S.A. 8-239, and amendments thereto, and any farm permit issued under K.S.A. 8-
296, and amendments thereto.

Sec. 3. K.S.A. 1998 Supp. 72-89a01 is hereby amended to read as follows: 72-89a01.
As used in this act:

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

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

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

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

(e) ``Chief administrative officer of a school'' means, in the case of a public school, the
superintendent of schools and, in the case of an accredited nonpublic school, the person
designated as chief administrative officer by the governing authority of the school.

(f) ``Federal law'' means the individuals with disabilities education act, section 504 of
the rehabilitation act, the gun-free schools act of 1994, and regulations adopted pursuant
to such acts.

(g) ``Secretary of education'' means the secretary of the United States department of
education.

(h) ``Weapon'' means (1) any weapon which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive; (2) the frame or receiver of
any weapon described in the preceding example; (3) any firearm muffler or firearm silencer;
(4) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a
propellant charge of more than four ounces, (D) missile having an explosive or incendiary
charge of more than 1/4 ounce (E) mine, or (F) similar device; (5) any weapon which will,
or which may be readily converted to, expel a projectile by the action of an explosive or
other propellant, and which has any barrel with a bore of more than 1/2 inch in diameter;
(6) any combination of parts either designed or intended for use in converting any device
into any destructive device described in the two immediately preceding examples, and from
which a destructive device may be readily assembled; (7) any bludgeon, sandclub, metal
knuckles or throwing star; (8) any knife, commonly referred to as a switch-blade, which has
a blade that opens automatically by hand pressure applied to a button, spring or other device
in the handle of the knife, or any knife having a blade that opens or falls or is ejected into
position by the force of gravity or by an outward, downward or centrifugal thrust or
movement. The term ``weapon'' does not include within its meaning (1) an antique firearm;
(2) ~~a rifle which the owner intends to use solely for sporting, recreational, or cultural~~
~~purposes; (3)~~ any device which is neither designed nor redesigned for use as a weapon; ~~(4)~~
(3) any device, although originally designed for use as a weapon, which is redesigned for
use as a signaling, pyrotechnic, line throwing, safety, or similar device; ~~(5)~~ (4) surplus
ordinance sold, loaned, or given by the secretary of the army pursuant to the provisions of
section 4684(2), 4685, or 4686 of title 10 of the United States Code; ~~(6)~~ (5) class C common
fireworks.

Sec. 4. K.S.A. 1998 Supp. 72-89a01 is hereby repealed.'';

Also on page 5, in line 43, by striking ``Kansas register'' and inserting ``statute book'';

In the title, in line 10, after ``concerning'', by inserting ``schools and''; also in line 10, by
striking all after the semicolon; by striking all of line 11; in line 12, by striking ``facilities''
and inserting ``requiring suspension or revocation of driver's licenses and driving privileges
of pupils upon expulsion or extended-term suspension for certain reasons; revising the
definition of weapon under the weapon-free schools act''; also in line 12, by striking all after
``Supp.'' and inserting ``72-89a01''; in line 13, by striking ``sections'' and inserting ``section'';
and the bill be passed as amended.

The Committee on Federal and State Affairs recommends SB 19, as amended by
Senate Committee of the Whole, be amended on page 1, in line 24, by striking ``The'' and
inserting ``Subject to the provisions of subsection (b), the''; following line 27, by inserting
the following:

``(b) The commission shall not enter into any contracts pursuant to subsection (a) after
the effective date of this act for the purpose of establishing and maintaining the system of
veterans cemeteries unless funds in an amount equal to 100% of the costs of constructing
the cemeteries in such system is provided by the federal government.'';

Also on page 1, in line 28, by striking ``(b) No more than three'' and inserting ``(c) No
more than two''; and the bill be passed as amended.

The Committee on Federal and State Affairs recommends SB 238, as amended by
Senate Committee, be amended on page 1, in line 36, by striking ``usual and reasonable fee,
the''; in line 37, by striking ``same to'' and inserting ``fee and travel allowance in the same
amount as authorized by K.S.A. 22a-228, and amendments thereto. Such fee and travel
allowance shall''; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2500 be amended on page 3, in line 41,
by striking ``one of the parties involved'' and inserting ``the victim''; also in line 41 before
the colon, by inserting ``and the offender is 19 or more years of age and four or more years
of age older than the victim'';

On page 9, in line 41 before ``person'' by striking ``Any'' and inserting ``On and after July
1, 1999, any''; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2553 be amended on page 1, in line 41,
by striking ``have a significant likelihood'' and inserting ``are likely'';

On page 2, in line 16, before ``acts'' by inserting ``repeat''; in line 23, after ``in'' by inserting
``repeat'';

On page 3, in line 4, by striking all after ``(10)''; in line 5, by striking ``(11)'';

By renumbering paragraphs accordingly;

Also on page 3, by striking lines 33 through 43;

On page 4, by striking lines 1 through 43;

On page 5, by striking lines 1 through 18, and inserting the following:

Sec. 3. K.S.A. 1998 Supp. 59-29a03 is hereby amended to read as follows: 59-29a03.
(a) When it appears that a person may meet the criteria of a sexually violent predator as
defined in K.S.A. 59-29a02 and amendments thereto, the agency with jurisdiction shall give
written notice of such to the attorney general and the multidisciplinary team established in
subsection (d), 90 days prior to:

(1) The anticipated release from total confinement of a person who has been convicted
of a sexually violent offense, except that in the case of persons who are returned to prison
for no more than 90 days as a result of revocation of postrelease supervision, written notice
shall be given as soon as practicable following the person's readmission to prison;

(2) release of a person who has been charged with a sexually violent offense and who
has been determined to be incompetent to stand trial pursuant to K.S.A. 22-3305 and
amendments thereto;

(3) release of a person who has been found not guilty by reason of insanity of a sexually
violent offense pursuant to K.S.A. 22-3428 and amendments thereto; or

(4) release of a person who has been found not guilty of a sexually violent offense
pursuant to K.S.A. 22-3428, and amendments thereto, and the jury who returned the verdict
of not guilty answers in the affirmative to the special question asked pursuant to K.S.A. 22-
3221.

(b) The agency with jurisdiction shall inform the attorney general and the
multidisciplinary team established in subsection (d) of the following:

(1) The person's name, identifying factors, anticipated future residence and offense
history; and

(2) documentation of institutional adjustment and any treatment received.

(c) The agency with jurisdiction, its employees, officials, members of the
multidisciplinary team established in subsection (d), members of the prosecutor's review
committee appointed as provided in subsection (e) and individuals contracting, appointed
or volunteering to perform services hereunder shall be immune from liability for any good-
faith conduct under this section.

(d) The secretary of corrections shall establish a multidisciplinary team which may
include individuals from other state agencies to review available records of each person
referred to such team pursuant to subsection (a). The team, within 30 days of receiving
notice, shall assess whether or not the person meets the definition of a sexually violent
predator, as established in K.S.A. 59-29a02 and amendments thereto. The team shall notify
the attorney general of its assessment.

(e) The attorney general shall appoint a prosecutor's review committee to review the
records of each person referred to the attorney general pursuant to subsection (a). The
prosecutor's review committee shall assist the attorney general in the determination of
whether or not the person meets the definition of a sexually violent predator. The assessment
of the multidisciplinary team shall be made available to the attorney general and the
prosecutor's review committee.

(f) The provisions of this section are not jurisdictional, and failure to comply with such
provisions in no way prevents the attorney general from proceeding against a person
otherwise subject to the provision of K.S.A. 59-29a01 et seq., and amendments thereto.

Sec. 4. K.S.A. 1998 Supp. 59-29a04 is hereby amended to read as follows: 59-29a04.
(a) When it appears that the person presently confined may be a sexually violent predator
and the prosecutor's review committee appointed as provided in subsection (e) of K.S.A.
59-29a03 and amendments thereto has determined that the person meets the definition of
a sexually violent predator, the attorney general may file a petition, within 75 days of the
date the attorney general received the written notice by the agency of jurisdiction as
provided in subsection (a) of K.S.A. 59-29a03 and amendments thereto, alleging that the
person is a sexually violent predator and stating sufficient facts to support such allegation.

(b) The provisions of this section are not jurisdictional, and failure to comply with such
provisions in no way prevents the attorney general from proceeding against a person
otherwise subject to the provision of K.S.A. 59-29a01 et seq., and amendments thereto.;

On page 6, in line 1, after ``person'' by inserting ``while''; in line 2, by striking ``sub-''; in
line 3, by striking ``sequently'';

On page 7, in line 17, after ``in'' by inserting ``repeat'';

and the bill be passed as amended.

The Kansas 2000 Select Committee recommends HB 2522 be amended by
substituting a new bill to be designated as ``Substitute for HOUSE BILL No. 2522,'' as
follows:

``Substitute for HOUSE BILL No. 2522 By Kansas 2000 Select Committee

``AN ACT concerning state officers and employees; relating to a state compensation system
with performance-based compensation provisions and related personnel policies;
amending K.S.A. 75-2938, 75-2943, 75-5519, 75-5541, 75-5549 and 75-6512 and K.S.A.
1998 Supp. 75-6801 and repealing the existing sections.'';

and the substitute bill be passed.

(Sub. HB 2522 was thereupon introduced and read by title.)

On motion of Rep. Glasscock, the House recessed until 2:15 p.m.

______ Afternoon Session The House met pursuant to recess with Speaker pro tem Mays in the chair.

On motion of Rep. Weber, the House went into Committee of the Whole, with Rep.
Shultz in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Shultz, Committee of the Whole report, as follows, was adopted:

Recommended that SB 143, 121 be passed.

Committee report recommending a substitute bill to Sub. HB 2405 be adopted; also, on
motion of Rep. Hutchins be amended on page 4, by striking all in lines 25 and 26;

And by relettering subsections accordingly;

Also, on further motion of Rep. Hutchins Sub. HB 2405 be amended on page 9, by
striking all in lines 23 through 31;

And by renumbering sections accordingly;

Also, on further motion of Rep. Hutchins Sub. HB 2405 be amended on page 3, after
line 8, by inserting the following:

``(3) the number of pregnancies which were terminated after obtaining the consent
required by subsection (a) of K.S.A. 65-6705, and amendments thereto;'';

And by renumbering subsections accordingly;

Also, on motion of Rep. Stone Sub. HB 2405 be amended on page 1, in line 24, before
the semicolon, by inserting ``, licensed master's level psychologists or licensed professional
counselors''; in line 30, by striking ``registered'' and inserting ``licensed'';

On page 4, in line 14, following ``psychology'' by inserting ``or master's level psychology'';
in line 15, by striking ``registered'' and inserting ``licensed''; in line 18, by striking ``registered''
and inserting ``licensed''; in line 42, following ``psychologist,'' by inserting ``master's level
psychologist,''; also in line 42, by striking ``registered'' and inserting ``licensed'';

Also, roll call was demanded on motion of Rep. Burroughs to amend Sub. HB 2405 on
page 5, by striking all in lines 7 through 11 and inserting ``gestation when, in the best medical
judgment of the attending physician, the fetus is capable of sustained survival outside the
uterus without the application of extraordinary medical means.'';

On roll call, the vote was: Yeas 59; Nays 62; Present but not voting: 1; Absent or not
voting: 3.

Yeas: Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Burroughs, Comp-
ton, Cox, Crow, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Geringer,
Gilbert, Glasscock, Haley, Helgerson, Henderson, Hermes, Horst, Huff, Humerickhouse,
Jenkins, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane, McKechnie,
Minor, O'Brien, E. Peterson, Pottorff, Ray, Rehorn, Reinhardt, Ruff, Sharp, Showalter,
Shriver, Sloan, Spangler, Stone, Storm, Tedder, Toelkes, Tomlinson, Wells, Welshimer.

Nays: Aday, Ballou, Bethell, Boston, Campbell, Carmody, Dahl, Edmonds, Faber, Far-
mer, Flower, Franklin, Freeborn, Gatewood, Gilmore, Grant, Gregory, Hayzlett, Henry,
Holmes, Howell, Hutchins, Jennison, Phill Kline, Landwehr, Larkin, Light, Lightner, Lloyd,
P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKinney, Mollenkamp, Mor-
rison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer, Pauls, J. Peterson, Phelps,
Powell, Powers, Reardon, Schwartz, Shultz, Swenson, Thimesch, Toplikar, Vickrey, Vining,
Wagle, Weber, Weiland, Wilk.

Present but not voting: Tanner.

Absent or not voting: Dean, M. Long, Nichols.

The motion of Rep. Burroughs did not prevail.

Also, roll call was demanded on further motion of Rep. Burroughs to amend Sub. HB
2405 on page 8, in line 43, following ``life'' by inserting ``or the health, safety or well being'';

On roll call, the vote was: Yeas 52; Nays 62; Present but not voting: 2; Absent or not
voting: 9.

Yeas: Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Benlon, Burroughs, Compton, Cox,
Crow, Dreher, Empson, Feuerborn, Findley, Flaharty, Flora, Garner, Glasscock, Hermes,
Horst, Huff, Jenkins, Johnson, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane,
McKinney, Minor, O'Brien, E. Peterson, Phelps, Pottorff, Ray, Rehorn, Reinhardt, Ruff,
Sharp, Showalter, Shriver, Sloan, Spangler, Storm, Tedder, Toelkes, Tomlinson, Wells,
Welshimer.

Nays: Aday, Ballou, Bethell, Boston, Campbell, Carmody, Dahl, Edmonds, Faber, Far-
mer, Flower, Franklin, Freeborn, Gatewood, Gilmore, Gregory, Hayzlett, Helgerson,
Henry, Holmes, Howell, Humerickhouse, Hutchins, Jennison, Phill Kline, Landwehr, Lar-
kin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans, Mays, McClure,
McCreary, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne, Palmer,
Pauls, J. Peterson, Powell, Powers, Reardon, Schwartz, Shultz, Swenson, Thimesch, Topli-
kar, Vickrey, Vining, Wagle, Weber, Weiland, Wilk.

Present but not voting: Stone, Tanner.

Absent or not voting: Adkins, Dean, Geringer, Gilbert, Grant, Haley, Henderson, Mc-
Kechnie, Nichols.

The motion of Rep. Burroughs did not prevail, and Sub. HB 2405 be passed as amended.

Committee report to SB 110 be adopted; also, on motion of Rep. Benlon be amended
on page 7, after line 12, by inserting the following:

``Sec. 5. K.S.A. 1998 Supp. 65-1118 is hereby amended to read as follows: 65-1118. (a)
The board shall collect in advance fees provided for in this act as fixed by the board, but
not exceeding:

Application for license--professional nurse	$75
Application for license--practical nurse	50
Application for biennial renewal of license--professional nurse and practical nurse	60
Application for reinstatement of license	70
Application for reinstatement of licenses with temporary permit	100
Certified copy of license	25
Duplicate of license	25
Inactive license	20
Application for certificate of qualification--advanced registered nurse practitioner	50
Application for certificate of qualification with temporary permit--advanced registered nurse practitioner	100
Application for renewal of certificate of qualification--advanced registered nurse practitioner	60
Application for reinstatement of certificate of qualification--advanced registered nurse practitioner	75
Application for authorization--registered nurse anesthetist	75
Application for authorization with temporary authorization--registered nurse anesthetist	110
Application for biennial renewal of authorization--registered nurse anesthetist	60
Application for reinstatement of authorization--registered nurse anesthetist	75
Application for reinstatement of authorization with temporary authorization--registered nurse anesthetist	100
Verification of license to another state	30
Application for exempt license--professional and practical nurse	50
Application for biennial renewal of exempt license--professional and practical nurse	50
Application for exempt certification--advanced registered nurse practitioner	50
Application for biennial renewal of exempt certificate--advanced registered nurse practitioner	50

(b) The board may require that fees paid for any examination under the Kansas nurse
practice act be paid directly to the examination service by the person taking the examination.

(c) The board shall accept for payment of fees under this section personal checks, cer-
tified checks, cashier's checks, money orders or credit cards. The board may designate other
methods of payment, but shall not refuse payment in the form of a personal check. The board
may impose additional fees and recover any costs incurred by reason of payments made by
personal checks with insufficient funds and payments made by credit cards.

Sec. 6. K.S.A. 1998 Supp. 65-4208 is hereby amended to read as follows: 65-4208. (a)
The board shall collect in advance the fees provided for in this act, the amount of which
shall be fixed by the board by rules and regulations, but not to exceed:

~~(a)~~ (1) Mental health technician programs:

Annual renewal of program approval	$110
Survey of a new program	220
Application for approval of continuing education providers	200
Annual fee for continuing education providers	75

~~(b)~~ (2) Mental health technicians:

Application for license	$50
Application for renewal of license	60
Application for reinstatement	70
Application for reinstatement of license with temporary permit	75
Certified copy of license	12
Duplicate of license	12
Inactive license	20
Examination	40
Reexamination	40
Verification of current Kansas license to other states	11
Application for exempt license	50
Application for biennial renewal of exempt license	50

(b) The board shall accept for payment of fees under this section personal checks, cer-
tified checks, cashier's checks, money orders or credit cards. The board may designate other
methods of payment, but shall not refuse payment in the form of a personal check. The board
may impose additional fees and recover any costs incurred by reason of payments made by
personal checks with insufficient funds and payments made by credit cards.''

And by renumbering sections accordingly;

Also on page 7, in line 13, after ``65-1116,'' by inserting ``65-1118,''; also in line 13, by
striking ``and'' and inserting a comma; also in line 13, after ``65-4203'' by inserting ``and 65-
4208'';

On page 1, in the title, in line 15, after ``65-1116,'' by inserting ``65-1118,''; also in line
15, by striking ``and'' and inserting a comma; also in line 15, after ``65-4203'' by inserting
``and 65-4208''; and SB 110 be passed as amended.

Committee report recommending a substitute bill to H. Sub. for SB 150 be adopted;
also on motion of Rep. Pauls be amended on page 36, in line 18, after ``court'' by inserting
``may''; also in line 18, by striking ``may'' and inserting ``shall'';

Also, on motion of Rep. Sloan to amend H. Sub. for SB 150, the motion did not prevail.

Also, on motion of Rep. Landwehr H. Sub. for SB 150 be amended on page 25, following
line 40, by inserting the following:

``Sec. 23. K.S.A. 1998 Supp. 38-1591 is hereby amended to read as follows: 38-1591.
(a) An appeal may be taken by any interested party from any adjudication, disposition,
termination of parental rights or order of temporary custody in any proceedings pursuant
to this code.

(b) An appeal from an order entered by a district magistrate judge shall be to a district
judge. The appeal shall be heard within 30 days from the date the notice of appeal is filed.
If no record was made of the proceedings, the trial shall be de novo.

(c) Procedure on appeal shall be governed by article 21 of chapter 60 of the Kansas
Statutes Annotated.

(d) Notwithstanding any other provision of law to the contrary, appeals under this sec-
tion shall have priority over all other cases.

(e) Every notice of appeal, docketing statement and brief shall be verified by the inter-
ested party. Failure to have the required verification shall result in the dismissal of the
appeal.'';

By renumbering remaining sections accordingly;

On page 47, in line 31, following ``38-1583,'' by inserting ``38-1591,'';

On page 1, in the title, in line 10, following the second semicolon by inserting ``parental
rights;''; in line 14 following ``38-1583,'' by inserting ``38-1591,'';

Also, on motion of Rep. P. Long to amend H. Sub. for SB 150, the motion did not
prevail. Also, on motion of Rep. Kuether to amend, the motion did not prevail.

Also, on motion of Rep. Gregory H. Sub. for SB 150 be amended on page 34, in line
40, by striking ``is'' and inserting ``should not be''; in line 41, by striking ``burden of proof
shall be on the''; also in line 41, by striking ``to'' and inserting ``must''; also in line 41, after
``show'' by inserting ``the court trustee or clerk''; and H. Sub. for SB 150 be passed as
amended.

Committee report to SB 207 be adopted; and the bill be passed as amended.

On motion of Rep. Klein SB 220 be amended on page 1, after line 33, by inserting the
following:

``Sec. 2. K.S.A. 21-4007 is hereby amended to read as follows: 21-4007. (a) Except as
provided further (1) hypnotic exhibition is:

~~(a)~~ (A) Giving for entertainment any instruction, exhibition, demonstration or perform-
ance in which hypnosis is used or attempted; or

~~(b)~~ (B) permitting oneself to be exhibited for entertainment while in a state of hypnosis.

(2) ``Hypnosis,'' as used herein, means a condition of altered attention, frequently in-
volving a condition of increased selective suggestibility brought about by an individual
through the use of certain physical or psychological manipulations of one person by another.

(3) Hypnotic exhibition is a misdemeanor punishable by a fine of not to exceed ~~fifty~~
~~dollars ($50)~~ $50.

(b) The provisions of this section shall not apply to a club, drinking establishment or
holder of a temporary permit licensed pursuant to the Kansas liquor control act or the club
and drinking establishment act.'';

And by renumbering sections accordingly;

On page 3, in line 36, after ``21-3731'' by inserting ``and 21-4007'';

On page 1, in the title, in line 10, after ``and'' where it appears for the last time by inserting
``21-4007 and''; and SB 220 be passed as amended.

Committee report to SB 324 be adopted; and the bill be passed as amended.

On motion of Rep. Vickrey SB 11 be amended on page 3, in line 16, after ``estate'' by
inserting:

``, except that the board shall have the authority, upon a finding of excusable neglect or
undue hardship, to waive the limitations period, and that in no event shall the board order
a refund of taxes, pursuant to the authority granted herein, that extends back more than
three years from the date of the most recent tax year without the aggrieved person showing
proof of a unanimous vote by the board of county commissioners recommending the same.
Such vote shall be taken at a regularly scheduled meeting of the board of county commis-
sioners and filed with the state board of tax appeals. In any county, such board, upon the
adoption of a resolution so providing, may elect to recommend any such tax refund upon a
majority vote''; and SB 11 be passed as amended.

Committee report to SB 132 be adopted; and the bill be passed as amended.

Committee report to SB 78 be adopted; also, on motion of Rep. Holmes be amended on
page 1, after line 20, by inserting:

``Section 1. K.S.A. 66-104c is hereby amended to read as follows: 66-104c. (a) Except
as otherwise provided in subsection (b), no nonprofit public utility shall be subject to the
jurisdiction, regulation, supervision and control of the state corporation commission if the
utility meets the following conditions: (1) Every customer, shareholder, household or meter
owner is an ~~automatic~~ owner of the utility and has an equal vote on matters concerning the
utility; (2) the utility employs no full-time employees; and (3) the utility has no more than
50 100 customers, provided that customer additions resulting from sales or transfers of real
property or rights in tenancy shall not be counted for purposes of determining the maximum
number of customers.

(b) The state corporation commission shall retain jurisdiction and control over the serv-
ice territory of a utility described in subsection (a) and over all matters concerning natural
gas pipeline safety.'';

Also on page 1, in line 21, by striking ``Section 1.'' and inserting ``Sec. 2.'';

By renumbering the remaining sections accordingly;

On page 12, in line 27, before ``75-3038,'' by inserting ``66-104c,'';

In the title, in line 14, by striking ``taxation'' and inserting ``nonprofit public utilities;
concerning regulation and property taxation''; in line 15, before ``79-201j'' by inserting ``66-
104c,''; and SB 78 be passed as amended.

Committee report to HB 2565 be adopted; also, on motion of Rep. Kirk be amended on
page 2, after line 23, by inserting :

``(e) The provisions of K.S.A. 12-191 and 12,191a, and amendments thereto, insofar as
may be made applicable, shall apply to sales subject to the tax imposed pursuant to section'';

On page 6, after line 34, by inserting:

``(c) Whenever the board of regents of a municipal university imposes a countywide
retailers' sales tax there shall be created within the university's chart of accounts the sales
tax smoothing fund. There shall be credited or transferred to such fund amounts received
by the university from sales tax revenue in any year which are in excess of such tax revenues
budgeted for expenditure for such year. Expenditures and transfers from such fund shall be
made for the same purposes prescribed by subsection (b) in any year when estimated sales
tax revenue is less in any such year than that budgeted for such year.'';

Also, on motion of Rep. Aurand to amend HB 2565, the motion did not prevail, and the
bill be passed as amended.

Committee report to HB 2016 be adopted; also, on motion of Rep. Allen to amend, the
motion did not prevail, and the bill be passed as amended.

Committee report to SB 205 be adopted; and the bill be passed as amended.

Committee report to SB 151 be adopted; and the bill be passed as amended.

Committee report to SB 152 be adopted; and the bill be passed as amended.

Committee report to SB 291 be adopted; and the bill be passed as amended.

Committee report to HB 2548 be adopted; and the bill be passed as amended.

Committee report to SB 130 be adopted; and the bill be passed as amended.

On motion of Rep. Aurand to amend HB 2476, the motion did not prevail, and the bill
be passed.

Committee report to SB 3 be adopted; and the bill be passed as amended.

MESSAGES FROM THE GOVERNOR
HB 2205, 2429 approved on March 25, 1999.

MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to SB 62, requests a conference and has
appointed Senators Hardenburger, Becker and Gooch as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 76, requests a conference and has
appointed Senators Salisbury, Ranson and Barone as conferees on the part of the Senate.

The Senate nonconcurs in House amendments to SB 149, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.

INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 62.

Speaker pro tem Mays thereupon appointed Reps. Benlon, Powers and Welshimer as
conferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 76.

Speaker pro tem Mays thereupon appointed Reps. Mason, Vickrey and Kuether as con-
ferees on the part of the House.

On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on SB 149.

Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as con-
ferees on the part of the House.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2087, 2229 from Committee
on Calendar and Printing and referral to Committee of the Whole.

REPORT ON ENGROSSED BILLS
HB 2405, 2548 reported correctly engrossed March 25, 1999.

On motion of Rep. Glasscock, the House adjourned until 9:00 a.m., Friday, March 26,
1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.