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 guest chaplain, the Rev. Bob Baer, pastor, The United Methodist Church, Clay
Center, and guest of Rep. Lloyd:
Most holy and gracious God, in Your sight nations rise and fall. But it is
this moment in time that we are to live and in which we have been called to
serve, to lead and to govern. Give to these legislators a spirit of wisdom and
understanding. Enable them to rise above all self- seeking and partisanship
to the nobler concern of the public good, to establish justice and to promote
the well-being of all our people. May each of us be disciplined and devoted
citizens that Your will might ever be done. Amen.
The Pledge of Allegiance was led by Rep. Johnson.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:
Financial Institutions: Sub. SB 301.
Health and Human Services: Sub. SB 106.
Insurance: Sub. SB 117.
Kansas 2000 Select: HB 2570; SB 352.
CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2022, 2163 from Committee
on Calendar and Printing and rereferral to Committee on Governmental Organization and
Elections.
MESSAGE FROM THE SENATE
Announcing passage of SB 40, 342, 344, 348, 351.
Also, announcing passage of HB 2033, as amended; HB 2035, as amended; HB 2065,
asamended; HB 2092, as amended; HB 2105, as amended; HB 2140, as amended; HB 2142, as amended; HB 2145, as amended; HB 2227, as amended; HB 2276, as amended; HB 2290, as amended; HB 2492, as amended.
The Senate concurs in House amendments to SB 93.
The Senate nonconcurs in House amendments to H. Sub. for SB 60, requests a
conference and has appointed Senators Steffes, Praeger and Feleciano as conferees on the
part of the Senate.
INTRODUCTION OF SENATE BILLS AND CONCURRENT RESOLUTIONS
The following Senate bills and concurrent resolutions were thereupon introduced and
read by title:
SB 40, 342, 344, 348, 351; SCR 1614, 1616.
INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, the House acceded to the request of the Senate for a
conference on H. Sub. for SB 60.
Speaker pro tem Mays thereupon appointed Reps. Tomlinson, Myers and Phelps as
conferees on the part of the House.
Speaker pro tem Mays announced that in accordance with House Rule 2107, the Senate
amendments to HB 2290 do materially change its subject and HB 2290 therefor is not
subject to Motions to Concur and Nonconcur.
HB 2290 was thereupon introduced and read by title.
Speaker pro tem Mays thereupon referred HB 2290 to Committee on Utilities.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2016, An act concerning the state tourism fund; amending K.S.A.74-8720 and K.S.A.
1998 Supp. 74-9003 and repealing the existing sections; also repealing K.S.A. 1998 Supp.
74-9004 and 74-9005, was considered on final action.
On roll call, the vote was: Yeas 104; Nays 20; Present but not voting: 0; Absent or not
voting: 1.
Sub. HB 2405, An act concerning abortion; requiring parental consent prior to abortion;
requiring certain records and reports; amending K.S.A. 1998 Supp. 38-1522, 65-445, 65-
6701, 65-6703 and 65-6705 and repealing the existing sections, was considered on final
action.
Call of the House was demanded.
On roll call, the vote was: Yeas 79; Nays 45; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: My vote on this bill was ``present.'' The members of the body required
me to cast a vote, ``Yea'' or ``Nay,'' upon penalty of censure for failure to do so.
I feel quite deeply, out of thought and conscience, that abortion issues should not be
settled in a legislative forum. This is a matter for the individual conscience.
There is no issue more intrusive on the part of government than those reaching into the
area of private morality. This offends my conservative position on the proper role of
government. I vote ``no'' on Sub. HB 2405.--Ralph M. Tanner
HB 2476, An act concerning state educational institutions; enacting the Kansas
partnership for faculty of distinction program; prescribing certain powers, duties and
functions and guidelines therefor; transfers from the state general fund, was considered on
final action.
On roll call, the vote was: Yeas 118; Nays 6; Present but not voting: 0; Absent or not
voting: 1.
HB 2538, An act concerning the sale of medicines and drugs through vending machines;
amending K.S.A. 65-650 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 115; Nays 9; Present but not voting: 0; Absent or not
voting: 1.
HB 2548, An act concerning transfer and conveyance of certain real property of the
department of social and rehabilitation services; transfer of the property of the former
Winfield state hospital and training center to the department of corrections and the Kansas
commission on veterans affairs; conveyance of certain real property in Wyandotte county;
amending K.S.A. 76-12a01 and repealing the existing section; also repealing K.S.A. 76-185,
was considered on final action.
On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
HB 2565, An act relating to Washburn University of Topeka; concerning the financing
and governance thereof; amending K.S.A. 12-198,13-13a04, 13-13a05, 13-13a18 and 13-
13a25 and K.S.A. 1998 Supp. 13-13a23 and repealing the existing sections, was considered
on final action.
On roll call, the vote was: Yeas 98; Nays 26; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: I vote yes on HB 2565. This bill is an alternative to the ideal solution for
Washburn University having full state affiliation with the Regents' system. HB 2565
eliminates the out-district tuition for Shawnee County townships. It allows voter input
through a 5% protest petition component allowing an adequate mechanism for taxpayer
approval or rejection of the tax. If anyone in the county feels strongly about the issue, it
allows a voter referendum. If not, the cost of the election is not borne by the taxpayer.--
Cindy Hermes
SB 3, An act relating to accident and health insurance; providing coverage for general
anesthesia and medical care facility charges for certain dental care; providing coverage for
reconstructive breast surgery; providing requirements for mandated coverages; amending
K.S.A. 1998 Supp. 40-2,103 and 40-19c09 and repealing the existing sections; also repealing
K.S.A. 1998 Supp. 40-1909, was considered on final action.
On roll call, the vote was: Yeas 116; Nays 7; Present but not voting: 1; Absent or not
voting: 1.
Nays: Geringer, P. Long, Myers, Neufeld, O'Connor, O'Neal, Osborne.
Present but not voting: Landwehr.
Absent or not voting: Dean.
The bill passed, as amended.
SB 11, An act relating to property taxation; concerning the correction of clerical errors;
amending K.S.A. 79-1701, 79-1701a and 79-1702 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.
SB 12, An act relating to property taxation; concerning the contents of appraised valuation
notices; amending K.S.A. 79-1437f and 79-1460 and K.S.A. 1998 Supp. 79-1448 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
SB 43, An act relating to property taxation; concerning certain refunds relating to
residential property; amending K.S.A. 79-4504 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.
SB 45, An act relating to 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, was
considered on final action.
On roll call, the vote was: Yeas 82; Nays 42; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATIONS OF VOTE
Mr. Speaker: I vote NO on SB 45. With great reluctance I vote NO on SB 45. The
original bill was worthy and on target. However, the Landwehr amendment added yesterday
takes the first step toward providing vouchers, a concept which is totally contrary to
everything I believe about the necessity for funding public education. Public education is
the bedrock of American democracy. It deserves our most fervent defense! Therefore, I
vote no.--Ethel Peterson, Bonnie Sharp
Mr. Speaker: I vote no on SB 45. I very much want to vote for the Adoption Credits in
this bill.
However, amendments added provide for a school material tax credit I cannot support.
Teachers properly budgeted and financed do not need it. For parents who send their
children to private schools it is the first step towards public funding and discriminatory
vouchers.--Robert Tomlinson, Lisa Benlon, Phil Kline
Mr. Speaker: SB 45 was an excellent bill, however it was amended to include a $300
tax credit for teachers who reportedly spend money for materials, and a $125 tax credit for
parents. While there may be many teachers who spend $300 or more on materials, we have
no idea how many. It could be 10% of them or it could be 90%. One thing is for sure, 100%
will claim the tax credit. Ultimately, with a fiscal note of potentially 12 to 18 million dollars,
it will hurt school finance as we will be voting to raise the tax credit instead of school aid.
Although I like the original bill, I must vote ``no'' on SB 45 because the amendment
makes it poor public policy.--Lloyd A. Stone
Mr. Speaker: The education expenses tax credit amended into this bill is defined so
broadly that it is impossible to know what expenses may be allowed. It could include tuition
at private schools, uniforms and other clothing, backpacks and lunch boxes. If a student
drives a car to school, does the parent get a tax credit for the cost of the car? Either the
expenses allowed will be so expensive that most parents can't afford them, or will be so
broad that every parent will qualify but have to keep track of paperwork.
I support helping parents, but this is not the way to do it. I vote ``no'' on SB 45.--Dale
Swenson
Mr. Speaker: I had hoped to be able to vote for an adoption expense tax credit described
in SB 45. However, yesterday we added a tax credit for teachers and parents, which could
amount to $15.75 million. I oppose this amendment. My school district, and all school
districts, should be sufficiently funded so they can provide everything teachers need to
provide students with a good education.
We are sitting now in the Education Committee trying to determine whether we can
responsibly find $3 million to ease the crisis for schools with declining enrollment. Providing
adequate funding for our public schools should be our priority. Therefore, I regretfully vote
no on SB 45.--Sue Storm
Mr. Speaker: I vote no on SB 45. I was in support of the original bill, however, with
the amendments to the bill I was unable to continue to support this bill. If parents are
concerned about the classroom/school district, the individual can support the school through
direct donation with verification of the donation by the school. This bill reduces the amount
of revenue generated by the State of Kansas, which could ultimately reduce the amount of
funding for public education.--Cindy Hermes
SB 47, An act relating to taxation; concerning collection procedures of the department
of revenue; amending K.S.A. 79-2971, 79-3233, 79-3233a, 79-3233b, 79-3233g, 79-3233h,
79-3233i, 79-3618 and 79-3643 and repealing the existing sections; also repealing K.S.A. 75-
5149, 75-5150, 79-3233d and 79-3233f, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
SB 78, An act relating to nonprofit public utilities; concerning regulation and property
taxation; amending K.S.A. 19-1207, 66-104c, 79-201j, 79-412, 79-5a01, 79-1460, 79-1606,
79- 1609 and 79-2005 and K.S.A. 1998 Supp. 74-2433f and 74-2438 and repealing the
existing sections; also repealing K.S.A. 75-3038, 75-3039, 75-3040 and 75-3042, 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.
SB 81, An act concerning civil procedure; relating to the rules of evidence; amending
K.S.A. 60-466 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.
SB 97, An act concerning small claims procedure; relating to corporate representation;
amending K.S.A. 61-2703, 61-2707 and 61-2714 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 112; Nays 12; Present but not voting: 0; Absent or not
voting: 1.
SB 107, An act enacting the residential childhood lead poisoning prevention act;
concerning school health assessments; sunset provision; amending K.S.A. 1998 Supp. 72-
5214 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.
SB 110, An act concerning the board of nursing; relating to exempt licenses; amending
K.S.A. 1998 Supp. 65-1115, 65-1116, 65-1118, 65-1131, 65-4203 and 65-4208 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.
SB 121, An act relating to insurance; concerning rate filings; amending K.S.A. 40-216
and K.S.A. 1998 Supp. 40-955 and repealing the existing sections, was considered on final
action.
032699
On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.
SB 124, An act relating to property taxation; concerning exemptions therefrom; amending
K.S.A. 1998 Supp. 79-201a and 79-201b 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.
SB 132, An act concerning drycleaners; amending the Kansas drycleaner environmental
response act; amending K.S.A. 1998 Supp. 65-34,144, 65-34,145, 65-34,146, 65-34,148, 65-
34,150, 65-34,151, 65-34,152 and 65-34,153 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 63; Nays 61; Present but not voting: 0; Absent or not
voting: 1.
SB 143, An act concerning civil procedure; relating to exemptions from claims of
creditors; pension and retirement assets; amending K.S.A. 60-2308 and repealing the existing
section, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: I vote No on H. Sub. for SB 150. This originated as a bill to enhance
and protect the relationship between divorced parents and their children. Now it provides
a method to sever a parent-child relationship on a technicality. It is unconstitutional and I
vote no.--Marti Crow
SB 151, An act concerning insurance companies; relating to viatical settlements; repealing
K.S.A. 40-2,140, 40-2,141, 40-2,142, 40-2,143, 40-2,144, 40-2,145, 40-2,146, 40-2,147, 40-
2,148, 40-2,149, 40-2,150, 40-2,151 and 40-2,152, 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.
SB 152, An act relating to insurance; concerning licensing requirements for insurance
agents; amending K.S.A. 40-241c, 40-241j, 40-3707 and 40-3711 and K.S.A. 1998 Supp. 40-
240, 40-240f, 40-241, 40-241i, 40-246 and 40-3706 and repealing the existing sections, was
considered on final action.
On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 1; Absent or not
voting: 1.
SB 205, An act concerning healing arts; relating to licensure; convictions of certain crimes;
amending K.S.A. 1998 Supp. 12-4516, 21-4619 and 65-2836 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.
SB 207, An act concerning the Kansas bureau of investigation; relating to background
investigations; criminal history record information; amending K.S.A. 75-712 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.
SB 220, An act concerning crimes and punishment; relating to criminal use of explosives
and criminal use of weapons; amending K.S.A. 21-3731 and 21-4007 and K.S.A. 1998 Supp.
21-4201 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.
SB 291, An act relating to the Kansas health insurance association; creating a reinsurance
program for medical supplement policies issued to persons eligible for medicare ; prohibiting
denial of coverage to such persons; amending K.S.A. 1998 Supp. 40-2118, 40-2119, 40-2121
and 40-2221 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.
SB 324, An act concerning the university of Kansas hospital authority; relating to
members of the board of directors; employee benefit plans; retirement annuities; amending
K.S.A. 75-5542 and K.S.A. 1998 Supp. 76-3304, 76-3311, 76-3317, 76-3321 and 76-3322
and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 122; Nays 2; Present but not voting: 0; Absent or not
voting: 1.
SB 338, An act concerning government projects; procedures, reviews and exemptions;
procedures and requirements for contracts, projects and donations for renovation,
reconstruction, repair and other improvements of the statehouse, governor's residence and
Hiram Price Dillon house; establishing the state facilities gift fund; amending K.S.A. 75-
2724 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 79; Nays 45; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: Exempting the renovations of state buildings from competitive bid
procedures is unnecessary.
Competition produces the best prices and products.
The absence of competition permits favoritism and encourages mediocrity.
Competitive bidding is especially important for the renovation of the Capitol, because
only a handful of contractors across the country are qualified, and each of them should be
encouraged and permitted to compete for this project.
Concerns about scheduling delays and solicitations from unqualified bidders can be
resolved by pre-qualifying contractors, and by setting high standards for experience.
With an $80 million renovation pending for the Capitol, how will we explain this to
taxpayers. I vote noon SB 338.--Doug Spangler
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Boston, the House concurred in Senate amendments to HB 2214,
An act concerning the Kansas board of examiners in fitting and dispensing of hearing aids;
amending K.S.A. 74-5810a and K.S.A. 1998 Supp. 74-5811, 74-5818 and 74-5824 and
repealing the existing sections. (The House requested the Senate to return the bill, which
was in conference).
On roll call, the vote was: Yeas 124; Nays 0; Present but not voting: 0; Absent or not
voting: 1.
On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB 2071 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou, Aurand, Larkin and
Findley as conferees on the part of the House.
COMMITTEE ASSIGNMENT CHANGE
Speaker pro tem Mays announced Rep. Henry would replace Rep. Dean on Committee
on Appropriations.
INTRODUCTION OF ORIGINAL MOTIONS
On emergency motion of Rep. Glasscock, pursuant to House Rule 2311, SB 38, 126; H. Sub. for SB 306; SB 181; HB 2229; Sub. SB 271; HB 2087; H. Sub. for SB 287; HB 2438; SB 135 were advanced to Final Action on Bills and Concurrent Resolutions, subject
to amendment, debate and roll call.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Committee report to SB 38 was adopted; also, on motion of Rep. Gatewood was amended
on page 6, in line 41, after ``(2)'', by inserting ``a hunting rifle or a shotgun which is locked
in a vehicle; (3)''; in line 43, by striking ``(3)'' and inserting ``(4)'';
On page 7, in line 2, by striking ``(4)'' and inserting ``(5)''; in line 5, by striking ``(5)'' and
inserting ``(6)'';
On page 9, in line 24, before ``any'', by inserting ``a hunting rifle or a shotgun which is
locked in a vehicle; (3)''; in line 25, by striking ``(3)'' and inserting ``(4)''; in line 28, by striking
``(4)'' and inserting ``(5)''; in line 31, by striking ``(5)'' and inserting ``(6)'';
Also, on motion of Rep. Tanner SB 38 was amended on page 6, in line 17, after ``schools'',
by inserting ``or a designee of the superintendent'';
SB 38, An act concerning schools and school districts; 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; amending K.S.A. 1998 Supp.72-89a01 and repealing the existing section, was
considered on final action.
Call of the House was demanded.
On roll call, the vote was: Yeas 116; Nays 8; Present but not voting: 0; Absent or not
voting: 1.
EXPLANATION OF VOTE
Mr. Speaker: I vote yes on SB 126. The passage of this bill will allow facilities to provide
a higher quality of care to the segment of our society that is most vulnerable to abuse,
neglect, and poor quality of life. It can improve the quality of care and life for these
individuals. The $8M in state funding is subject to appropriations, by the House, Senate,
and signing of the appropriation bill by the Governor. Should the quality of care not improve,
the funding could/would not be appropriated.--Cindy Hermes
Committee report recommending a substitute bill to H. Sub. for SB 306 was adopted;
also, on motion of Rep. Freeborn was amended on page 32, preceding line 39, by inserting
the following:
``New Sec. 17. Any employer as defined by K.S.A. 44-703 and amendments thereto,
shall inform every newly hired employee that pursuant to the federal bankruptcy laws, an
employer is only required to pay an employee for 90 days of back pay, of not more than
$4,000 for such back wages, if such employer files for bankruptcy. Such notification shall
be in writing.''
And renumber the remaining sections accordingly.
On page 1, in the title, in line 9, after ``concerning'' by inserting ``civil procedure;''; also
in line 9, before ``amending'' by inserting ``exemptions;'';
Also, on motion of Rep. Freeborn to amend H. Sub. for SB 306, the motion did not
prevail. Also, on further motion of Rep. Freeborn to amend, the motion did not prevail.
H. Sub. for SB 306, An act concerning civil procedure; debt collection; exemptions;
amending K.S.A. 60-717, 60-718, 60-3002 and 75-719 and Form No. 7, Form No. 7a, Form
No. 8 and Form No. 8a in the appendix of Forms following K.S.A. 61-2605 and repealing
the existing sections and forms, 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.
Committee report to SB 181 was adopted; also, on motion of Rep. Feuerborn was
amended on page 1, after line 15, by inserting the following:
``Section 1. K.S.A. 1998 Supp. 21-3707 is hereby amended to read as follows: 21-3707.
(a) Giving a worthless check is the making, drawing, issuing or delivering or causing or
directing the making, drawing, issuing or delivering of any check, order or draft on any bank,
credit union, savings and loan association or depository for the payment of preexisting debt,
money or its equivalent with intent to defraud and knowing, at the time of the making,
drawing, issuing or delivering of such check, order or draft, that the maker or drawer has
no deposit in or credits with the drawee or has not sufficient funds in, or credits with, the
drawee for the payment of such check, order or draft in full upon its presentation.
(b) In any prosecution against the maker or drawer of a check, order or draft payment,
of which has been refused by the drawee on account of insufficient funds, the making,
drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud
and of knowledge of insufficient funds in, or on deposit with, the drawee: (1) Unless the
maker or drawer pays the holder thereof the amount due thereon and a service charge not
exceeding $10 for each check, within seven days after notice has been given to the maker
or drawer that such check, draft or order has not been paid by the drawee. As used in this
section, ''notice`` includes oral or written notice to the person entitled thereto. Written notice
shall be presumed to have been given when deposited as restricted matter in the United
States mail, addressed to the person to be given notice at such person's address as it appears
on such check, draft or order; or (2) if a postdated date is placed on the check, order or
draft without the knowledge or consent of the payee.
(c) In addition to all other costs and fees allowed by law, each prosecuting attorney who
takes any action under the provisions of this section may collect from the issuer in such
action an administrative handling cost, except in cases filed in a court of appropriate
jurisdiction. The cost shall not exceed $10 for each check. If the issuer of the check is
convicted in district court, the administrative handling costs may be assessed as part of the
court costs in the matter. The moneys collected pursuant to this subsection shall be
deposited into a trust fund which shall be administered by the board of county
commissioners. The funds shall be expended only with the approval of the board of county
commissioners, but may be used to help fund the normal operating expenses of the county
or district attorney's office.
(d) It shall not be a defense to a prosecution under this section that the check, draft or
order upon which such prosecution is based:
(1) Was postdated, unless such check, draft or order was presented for payment prior
to the postdated date; or
(2) was given to a payee who had knowledge or had been informed, when the payee
accepted such check, draft or order, that the maker did not have sufficient funds in the
hands of the drawee to pay such check, draft or order upon presentation, unless such check,
draft or order was presented for payment prior to the date the maker informed the payee
there would be sufficient funds.
(e) (1) Giving a worthless check is a severity level 7, nonperson felony if the check,
draft or order is drawn for $25,000 or more.
(2) Giving a worthless check is a severity level 9, nonperson felony if the check, draft
or order is drawn for at least $500 but less than $25,000.
(3) Giving a worthless check is a class A nonperson misdemeanor if the check, draft or
order is drawn for less than $500.
(4) Giving a worthless check, draft or order drawn for less than $500 is a severity level
9, nonperson felony if committed by a person who has, within five years immediately
preceding commission of the crime, been convicted of giving a worthless check two or more
times.'';
And by renumbering sections accordingly;
On page 8, in line 35, after ``Supp.'' by inserting ``21-3707,'';
On page 1, in the title, in line 12, before ``amending'' by inserting ``worthless checks;'';
also in line 12, after ``Supp.'' by inserting ``21-3707,'';
Also, on motion of Rep. Hutchins to amend SB 181, the motion did not prevail.
SB 181, An act concerning crimes and punishment; relating to determination of criminal
history classification; assault adjudications and convictions; cruelty to animals; worthless
checks; amending K.S.A. 1998 Supp. 21-3707, 21-4310, 21-4704 and 21-4711 and repealing
the existing sections, was considered on final action.
On roll call, the vote was: Yeas 109; Nays 15; Present but not voting: 0; Absent or not
voting: 1.
The motion of Rep. Powell to lay Sub. SB 271 on the table prevailed.
Committee report to HB 2087 was adopted; also, on motion of Rep. Jenkins to amend,
roll call was demanded on motion of Rep. Powell to lay the bill on the table.
On roll call, the vote was: Yeas 63; Nays 59; Present but not voting: 0; Absent or not
voting: 3.
The motion of Rep. Powell to lay HB 2087 on the table prevailed.
Committee report recommending a substitute bill to H. Sub. for SB 287 was adopted;
also, on motion of Rep. Loyd to amend, the motion did not prevail.
Also, on motion of Rep. McClure H. Sub. for SB 287 was amended on page 8, in line
38, after ``(a)'' by inserting ``(1)''; in line 43, by striking ``(1)'' and inserting ``(A)'';
On page 9, in line 1, by striking all before ``are'' and inserting ``; (B)''; in line 2, by striking
``(3)'' and inserting ``(C)''; in line 4, by striking ``(b)'' and inserting ``(2)''; in line 5, after ``(a)''
by inserting ``(1)''; after line 7, by inserting:
``(b) (1) On or before March 1, 2000, each groundwater management district shall
submit to the chief engineer of the division of water resources of the department of
agriculture recommended rules and regulations containing all current standards, statements
of policy and general orders that: (A) Have been issued or adopted by such district; (B) are
of general application within the district and have the effect of law; and (C) are not contained
in current rules and regulations adopted by the chief engineer.
(2) If any standard, statement of policy or general order described in subsection (b)(1)
is not submitted as required by that subsection, such standard, statement of policy or general
order shall be void and of no effect after March 1, 2000, until adopted by rules and
regulations.'';
H. Sub. for SB 287, An act concerning water; relating to review of certain decisions of
the chief engineer of the division of water resources of the department of agriculture;
relating to issuance of certificates of appropriation; establishing the task force on water issues
and providing for the powers and duties thereof; amending K.S.A. 42-703, 42-722, 42-722a,
82a-708b, 82a-711, 82a-714, 82a-718, 82a-724 and 82a-1038 and repealing the existing
sections, was considered on final action.
On roll call, the vote was: Yeas 117; Nays 6; Present but not voting: 0; Absent or not
voting: 2.
Committee report to HB 2438 was adopted; also, on motion of Rep. Sloan to amend,
the motion did not prevail.
Also, on motion of Rep. Schwartz HB 2438 was amended on page 5, in line 4, by striking
all after ``property''; in line 5, by striking all before ``upon''; by striking all in line 10; in line
11, by striking all before ``comprises'';
HB 2438, An act concerning property exempt from taxation; amending K.S.A. 79-201
and 79-5a01 and repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 123; Nays 1; Present but not voting: 0; Absent or not
voting: 1.
SB 135, An act concerning the health care reform legislative oversight committee;
expiration date; repealing K.S.A. 1998 Supp. 46-2501, 46-2502, 46-2503, 46-2504, 46-2505
and 46-2506, was considered on final action.
On roll call, the vote was: Yeas 116; Nays 8; Present but not voting: 0; Absent or not
voting: 1.
Nays: Ballou, Glasscock, Helgerson, Jennison, Neufeld, O'Connor, J. Peterson, Schwartz.
Present but not voting: None.
Absent or not voting: Dean.
The bill passed.
REPORTS OF STANDING COMMITTEES
The Committee on Financial Institutions recommends Substitute for SB 301, as
amended by Senate Committee of the Whole, be passed.
The Committee on Judiciary recommends SB 131, as amended by Senate Committee of the Whole, be amended on page 1, before line 20, by inserting the following:
``New Section 1. (a) Any offender who was required to be registered pursuant to the
Kansas offender registration act K.S.A. 22-4901 et seq., and amendments thereto, prior to
July 1, 1999, and who would not be required to be registered pursuant to the provisions of
this act, shall be entitled to be relieved of the requirement to be registered. Such offender
may apply to the sentencing court for an order relieving the offender of the duty of
registration. The court shall hold a hearing on the application at which the applicant shall
present evidence verifying that such applicant no longer satisfies the definition of offender
pursuant to K.S.A. 22-4902, and amendments thereto. If the court finds that the person no
longer satisfies the definition of offender pursuant to K.S.A. 22-4902, and amendments
thereto, the court shall grant an order relieving the offender's duty to register if the offender
no longer fulfills the definition of offender pursuant to K.S.A. 22-4902, and amendments
thereto. Such court granting such an order shall forward a copy of such order to the sheriff
of the county in which such person has registered and to the Kansas bureau of investigation.
Upon receipt of such copy of the order, such sheriff and the Kansas bureau of investigation
shall remove such person's name from the registry.
(b) This section shall be part of and supplemental to the Kansas offender registration
act.'';
And by renumbering sections accordingly;
On page 3, preceding line 1, by inserting the following:
``Sec. 5. K.S.A. 1998 Supp. 21-3204 is hereby amended to read as follows: 21-3204. A
person may be guilty of an offense without having criminal intent if the crime is: (1) A
misdemeanor, cigarette or tobacco infraction or traffic infraction and the statute defining
the offense clearly indicates a legislative purpose to impose absolute liability for the conduct
described; or (2) a violation of K.S.A. 8-1567 or 8-1567a, and amendments thereto.
Sec. 6. K.S.A. 21-3435 is hereby amended to read as follows: 21-3435. (a) It is unlawful
for an individual who knows oneself to be infected with a life threatening communicable
disease knowingly:
(1) To engage in sexual intercourse or sodomy with another individual with the intent
to expose that individual to that life threatening communicable disease;
(2) to sell or donate one's own blood, blood products, semen, tissue, organs or other
body fluids with the intent to expose the recipient to a life threatening communicable
disease;
(3) to share with another individual a hypodermic needle, syringe, or both, for the
introduction of drugs or any other substance into, or for the withdrawal of blood or body
fluids from, the other individual's body with the intent to expose another person to a life
threatening communicable disease.
(b) As used in this section, the term ''sexual intercourse`` shall not include penetration
by any object other than the male sex organ; the term ''sodomy`` shall not include the
penetration of the anal opening by any object other than the male sex organ.
(c) Violation of this section is a class A person misdemeanorseverity level 7, person felony.'';
And by renumbering the remaining sections accordingly;
Also on page 3, in line 4, by striking ``three'' and inserting ``four''; in line 18, by striking
``three'' and inserting ``four'';
On page 4, in line 7, by striking ``three'' and inserting ``four''; in line 10, by striking ``three''
and inserting ``four''; in line 21, by striking ``three'' and inserting ``four''; in line 25, by striking
``three'' and inserting ``four'';
On page 5, in line 3, by striking ``three'' and inserting ``four'';
On page 13, preceding line 38, by inserting the following:
``Sec. 16. K.S.A. 21-4635 is hereby amended to read as follows: 21-4635. (a) Except as
provided in K.S.A. 21-4634, and amendments thereto, if a defendant is convicted of the
crime of capital murder and a sentence of death is not imposed, or if a defendant is convicted
of murder in the first degree based upon the finding of premeditated murder, the court
shall determine whether the defendant shall be required to serve a mandatory term of
imprisonment of 40 years or for crimes committed on and after July 1, 1999, a mandatory term of imprisonment of 50 years or sentenced as otherwise provided by law.
(b) In order to make such determination, the court may be presented evidence
concerning any matter that the court deems relevant to the question of sentence and shall
include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-
4636, and amendments thereto, and any mitigating circumstances. Any such evidence which
the court deems to have probative value may be received regardless of its admissibility under
the rules of evidence, provided that the defendant is accorded a fair opportunity to rebut
any hearsay statements. Only such evidence of aggravating circumstances as the state has
made known to the defendant prior to the sentencing shall be admissible and no evidence
secured in violation of the constitution of the United States or of the state of Kansas shall
be admissible. No testimony by the defendant at the time of sentencing shall be admissible
against the defendant at any subsequent criminal proceeding. At the conclusion of the
evidentiary presentation, the court shall allow the parties a reasonable period of time in
which to present oral argument.
(c) If the court finds that one or more of the aggravating circumstances enumerated in
K.S.A. 21-4636, and amendments thereto, exist and, further, that the existence of such
aggravating circumstances is not outweighed by any mitigating circumstances which are
found to exist, the defendant shall be sentenced pursuant to K.S.A. 21-4638, and
amendments thereto; otherwise, the defendant shall be sentenced as provided by law. The
court shall designate, in writing, the statutory aggravating circumstances which it found.
The court may make the findings required by this subsection for the purpose of determining
whether to sentence a defendant pursuant to K.S.A. 21-4638, and amendments thereto,
notwithstanding contrary findings made by the jury or court pursuant to subsection (e) of
K.S.A. 21-4624, and amendments thereto, for the purpose of determining whether to
sentence such defendant to death.
Sec. 17. K.S.A. 21-4638 is hereby amended to read as follows: 21-4638. When it is
provided by law that a person shall be sentenced pursuant to this section, such person shall
be sentenced to imprisonment for life and shall not be eligible for probation or suspension,
modification or reduction of sentence. In addition, a person sentenced pursuant to this
section shall not be eligible for parole prior to serving 40 years' imprisonment, and such 40
years' imprisonment shall not be reduced by the application of good time credits. For crimes committed on and after July 1, 1999, a person sentenced pursuant to this section shall not be eligible for parole prior to serving 50 years' imprisonment, and such 50 years' imprisonment shall not be reduced by the application of good time credits. Upon sentencing
a defendant pursuant to this section, the court shall commit the defendant to the custody
of the secretary of corrections and the court shall state in the sentencing order of the
judgment form or journal entry, whichever is delivered with the defendant to the
correctional institution, that the defendant has been sentenced pursuant to K.S.A. 21-4638.'';
And by renumbering the remaining sections accordingly;
On page 16, in line 23, by striking ``,subsection (b) of K.S.A. 21-3705,''; also in line 23,
by striking ``(b)(3)'' and inserting ``(c)(3)''; in line 29, by striking ``, subsection (b) of K.S.A.
21-3705,''; in line 30, by striking ``(b)(3)'' and inserting ``(c)(3)'';
On page 25, in line 42, by striking ``one of the parties involved'' and inserting ``the victim'';
in line 43, 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 31, in line 1, after ``K.S.A.'' by inserting ``21-3435,''; in line 2, by striking ``and''
where it appears for the first time and inserting a comma; also in line 2, before ``and'' where
it appears for the final time by inserting ``21-4635 and 21-4638''; in line 3, before ``21-3402''
by inserting ``21-3204,'';
In the title, in line 13, after ``K.S.A.'' by inserting ``21-3435,''; in line 14, by striking ``and''
and inserting a comma; in line 15, before ``and'' by inserting ``, 21-4635 and 21-4638''; also
in line 15, before ``21-3402'' by inserting ``21-3204,''; and the bill be passed as amended.
REPORT OF STANDING COMMITTEE
Your Committee on Calendar and Printing recommends on requests for resolutions
and certificates that
Request No. 217, by Representative Hutchins, congratulating Sharon Arnold, named
Kansas Special Educator of the Year by the Kansas Association of Special Education
Administration;
Request No. 218, by Representative P. Long, commending Jacob Knobloch, chosen as
a delegate to Citizenship Washington Focus as a representative of Greenwood county 4-H;
Request No. 219, by Representative P. Long, congratulating Trent Crisswell, named a
United States National award winner in science;
Request No. 220, by Representative P. Long, congratulating Nichole Burtin, named a
United States National award winner in band;
Request No. 221, by Representative P. Long, congratulating Jessica Cummings, named
a United States National award winner in band;
Request No. 222, by Representative Schwartz, congratulating John and Lucille Steenson
on 72 years of marriage;
Request No. 223, by Representative Schwartz, commending Belleville High School Pep
Band on outstanding performance;
Request No. 224, by Representative Sloan, honoring Phil Homeratha for 29 years of
dedicated service to the students of Haskell Indian Nations University and for coaching the
HINU Women's Basketball Team to a school record third place finish at the 1999 NJCAA
Division II Tournament;
Request No. 225, by Representative Sloan, honoring Haskell Indian Nations University's
Women's Basketball Team for its third place finish at the 1999 NJCAA Division II
Tournament;
Request No. 226, by Representative Hermes, congratulating the members and coaches
of Washburn Rural High School Girls' Basketball Team, winners of the 1999 6A State
Championship;
Request No. 227, by Representative Vining, congratulating William Klusener for
achieving Eagle Scout;
Request No. 228, by Representative Stone, congratulating John Wesley Youngblood for
achieving Eagle Scout;
Request No. 229, by Representative Toelkes, congratulating Jamie Leigh Hollingsworth
for a 4.0 grade point average for school years 1997 through 1999;
Request No. 230, by Representative Toelkes, commending Carmen Miranda Thomsen
for completion and graduation from pre-school and kindergarten;
Request No. 231, by Representative Toelkes, commending Joshua Anthony Thomsen
for achieving high grades and earning a place on the Honor Roll;
Request No. 232, by Representative Toelkes, commending Cameron Christopher
Thomsen for good citizenship, being a team player and a cooperative student;
Request No. 233, by Representative Toelkes, commending Jill and Mark Thomsen for
strong family leadership, using maturity, wisdom and love;
Request No. 234, by Representative Toelkes, commending Roger E. Toelkes for skill
and foresight in creating a magnificent structure to remain for posterity;
be approved and the Chief Clerk of the House be directed to order the printing of said
certificates and order drafting of said resolutions.
On motion of Rep. Glasscock, the committee report was adopted.
MESSAGE FROM THE SENATE
The Senate nonconcurs in House amendments to SB 4, requests a conference and has
appointed Senators Emert, Pugh and Goodwin as conferees on the part of the Senate.
The Senate nonconcurs in House amendments to SB 59, requests a conference and has
appointed Senators Langworthy, Donovan and Lee as conferees on the part of the Senate.
The Senate nonconcurs in House amendments to SB 108, requests a conference and has
appointed Senators Steffes, Praeger and Steineger as conferees on the part of the Senate.
The Senate nonconcurs in House amendments to SB 169, 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 186, requests a conference and has
appointed Senators Ranson, Clark and Barone as conferees on the part of the Senate.
The Senate nonconcurs in House amendments to SB 230, 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 273, requests a conference and has
appointed Senators Hardenburger, Becker and Biggs 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 4.
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 59.
Speaker pro tem Mays thereupon appointed Reps. Adkins, Aurand and Minor 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 108.
Speaker pro tem Mays thereupon appointed Reps. Boston, Geringer and Henry 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 169.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Grant 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 186.
Speaker pro tem Mays thereupon appointed Reps. Holmes, Sloan and McClure 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 230.
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 273.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Larkin as
conferees on the part of the House.
MOTIONS TO CONCUR AND NONCONCUR
On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB 2035 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Larkin as
conferees on the part of the House.
On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2092
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
conferees on the part of the House.
On motion of Rep. Allen, the House nonconcurred in Senate amendments to HB 2105
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Allen, Hutchins and E. Peterson as
conferees on the part of the House.
On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2140
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
conferees on the part of the House.
On motion of Rep. Hayzlett, the House nonconcurred in Senate amendments to HB 2142 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Hayzlett, Ballou and Larkin as
conferees on the part of the House.
On motion of Rep. O'Neal, the House nonconcurred in Senate amendments to HB 2276
and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. O'Neal, Carmody and Pauls as
confereeson the part of the House.
On motion of Rep. Johnson, the House nonconcurred in Senate amendments to HB 2492 and asked for a conference.
Speaker pro tem Mays thereupon appointed Reps. Johnson, Humerickhouse and
McClure as conferees on the part of the House.
REPORT ON ENROLLED BILLS HB 2062, 2161, 2320, 2337, 2446 reported correctly enrolled, properly signed and
presented to the governor on March 26, 1999.
On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Monday, March 29,
1999.