May 1, 1999

Journal of the House

SIXTY-SIXTH DAY
______
Hall of the House of Represenatitives
Topeka, KS, Saturday, May 1, 1999, 10:00 a.m.
 The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

 The roll was called with 123 members present.

 Reps. Helgerson and O'Neal were excused on excused absence by the Speaker.

 Present later: Reps. Helgerson and O'Neal.

   Prayer by Chaplain Svoboda:

              God of glory and Lord of love,

             We are here again,

              and we ask you to be with us.

             Help guide us to quick decisions

              that will show our love for you

               and all that you have made.

             Help us to be gentle

              with one another

               and with ourselves

             And help us to understand

              the actions we should take

               for our common good.

             In Jesus' Name we pray.

             Amen.

   The Pledge of Allegiance was led by Rep. Jenkins.

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

   Committee of the Whole: SB 360, 362, 363, 364.
MESSAGE FROM THE SENATE
 Announcing passage of HB 2568.
 Announcing passage of HB 2115, as amended.
 The Senate adopts conference committee report on HB 2015.
 The Senate adopts conference committee report on HB 2166.
 The Senate adopts conference committee report on HB 2440.
 The Senate nonconcurs in House amendments to H. Sub. for SB 6, requests a conference
and has appointed Senators Oleen, Harrington and Jones as conferees on the part of the
Senate.
 The Senate nonconcurs in House amendments to SB 15, requests a conference and has
appointed Senators Oleen, Harrington and Jones 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 H. Sub. for SB 6.
 Speaker pro tem Mays thereupon appointed Reps. Wagle, Franklin and Klein 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 15.
 Speaker pro tem Mays thereupon appointed Reps. Wagle, Franklin and Klein as conferees
on the part of the House.
INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
 On emergency motion of Rep. McKechnie, HR 6019, by Reps. McKechnie, Jennison,
Garner, Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, 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, 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 and Wilk, as follows, was introduced and adopted:
      HOUSE RESOLUTION No. 6019--
    A  RESOLUTION commending and congratulating Lew Ferguson upon his retirement as
Topeka correspondent for The Associated Press.
      WHEREAS,  This resolution is introduced with the affirmative endorsement of the
following senators: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin,
Donovan, Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger,
Harrington, Hensley, Huelskamp, Jones, Jordan, Kerr, Langworthy, Lawrence, Lee, Morris,
Oleen, Petty, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Steineger, Stephens,
Tyson, Umbarger, Vidricksen and Vratil; and
      WHEREAS,  Lew Ferguson is retiring July 1, 1999, after a career as a reporter lasting
more than four decades, with an unmatched reputation for excellence. He established
standards for fairness and accuracy in coverage of politics and government and for dedication
to keeping the people of Kansas informed about issues important to them. After serving 29
years as Topeka correspondent for The Associated Press (AP), Ferguson is the senior AP
statehouse reporter in the nation; and
      WHEREAS,  Ferguson began his career as sports and wire editor for his hometown
paper, the Ponca City, Oklahoma, News in 1958. Ferguson joined the AP's Oklahoma City
bureau in 1960, then moved to Sioux Falls, South Dakota, and covered the 1961 session of
the South Dakota legislature. He was an AP sports writer in Minneapolis, Minnesota, from
1962 to 1968 and in Kansas City, Missouri, from 1968 to 1970. He covered the 1965 World
Series and the 1970 Super Bowl and even once took batting lessons from Boston Red Sox
Hall of Famer Ted Williams; and
      WHEREAS,  The AP named Lew Ferguson its Topeka correspondent in 1970; his tenure
has spanned the administration of six governors and during that time newspaper publishers
and editors have come to trust him more than anyone else as a source of information about
state government. Ferguson covered nine national Democratic and Republican conventions,
including the Republican ones, 20 years apart, that nominated Kansas Senator Bob Dole
for vice-president and president. Ferguson had weekly lunches with former Governor Alf
Landon for 17 years until Landon's death in 1987 and served as a pallbearer at Landon's
funeral. Ferguson also was a confidant of Karl Menninger and Georgia Neese Gray, first
woman treasurer of the United States, late in their lives. He served as a pallbearer at
Menninger's funeral and has served on the board of trustees for the Menninger Lecture
Series since 1982; and
      WHEREAS,  As a champion of open government, Ferguson was a consultant to the
Kansas Supreme Court when it considered--then allowed--cameras in Kansas courtrooms.
Ferguson was the recipient of the Kansas Supreme Court's Kansas Justice Award in 1992,
the only reporter ever to receive the award. He was named the AP Kansas-Missouri Staffer
of the Year Award in 1993 and received the Distinguished Alumnus Award from the
University of Oklahoma's School of Journalism in 1996; and
      WHEREAS,  Ferguson's training has sent numerous reporters onto promising careers
with The Associated Press and other news organizations; and
      WHEREAS,  Ferguson was born in Ponca City, Oklahoma, on January 9, 1934, the son
of Luther LeRoy and Henrietta Marie Ferguson; and received two degrees in journalism
from the University of Oklahoma, a bachelor's degree in 1956, and a master's degree in
1964. He married the former Sue Ann Thomson on June 5, 1958; she taught remedial
reading in Topeka for 21 years. They have two children, John Michael, now an assistant
professor of organic chemistry at the University of Central Oklahoma, and Diane Marie,
now a doctor in San Pedro, California: Now, therefore,
      Be it resolved by the House of Representatives of the State of Kansas: That we commend
and congratulate Lew Ferguson for the 41 years of excellence he has provided to his
profession and the citizens of Kansas in reporting the news. Truly our Capitol will not be
the same without him; and

      Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to provide an enrolled copy of this resolution to Lew Ferguson, The Associated Press, 134
N. State Capitol, Topeka, Kansas 66612; Dr. Diane M. Ferguson, 3009 Walnut Avenue,
Manhattan Beach, California 90266; John M. ``Mike'' Ferguson, 1908 Rosedale Dr.,
Edmond, Oklahoma, 73013; Paul Stevens, c/o The Associated Press, 215 W. Pershing Road,
Room 221, Kansas City, Missouri 64108; and The Associated Press, 134 N. State Capitol,
Topeka Kansas 66612.

 Rep. McKechnie introduce Lew Ferguson who addressed a few remarks to the members
of the House. Rep. McKechnie also introduced Mr. Ferguson's son, Mike, an assistant
professor of chemistry at the University of Central Oklahoma in Oklahoma City; his
granddaughter, Abby; and Paul Stevens, the chief of the Associated Press' Bureau for Kansas
and Missouri. Mr. Ferguson's wife Sue, daughter Diane, granddaughter Helena, and
grandson Todd were unable to be present.

INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering SB 351; H. Sub. for SB 213; HB 2015, 2166, 2115, 2440.
INTRODUCTION OF ORIGINAL MOTIONS
 On emergency motion of Rep. Glasscock, pursuant to House Rule 2311, SB 102; H.
Sub. for SB 213; SB 360, 362, 363, 364 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 102 was adopted.
 SB 102, An act concerning the department of corrections; relating to the correctional
industries fund; exempting the department of corrections from certain reductions in
positions based up retirements; amending K.S.A. 75-3717b, 75-5281, 75-5282 and 75-5288
and K.S.A. 1998 Supp. 75-6801 and repealing the existing sections, was considered on final
action.
 On roll call, the vote was: Yeas 122; Nays 1; Present but not voting: 0; Absent or not
voting: 2.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, 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, 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: Klein.
 Present but not voting: None.
 Absent or not voting: Helgerson, O'Neal.
 The bill passed, as amended.
   SB 360, An act providing for reconciliation of conflicting amendments to existing sections
of the Kansas Statutes Annotated; amending K.S.A. 76-375 and 76-381 and K.S.A. 1998
Supp. 44-503 and 75-2935 and K.S.A. 17-7301, as amended by section 4 of 1999 House Bill
No. 2161, K.S.A. 65-4116, as amended by section 4 of 1999 House Bill No. 2215, and K.S.A.
82a-718, as amended by section 1 of 1999 House Bill No. 2404, and K.S.A. 1998 Supp. 17-
6003, as amended by section 10 of 1999 House Bill No. 2161, K.S.A. 1998 Supp. 32-988,
as amended by section 2 of 1999 House Substitute for Senate Bill No. 70, K.S.A. 1998 Supp.
65-1431, as amended by section 1 of 1999 Senate Bill No. 71, K.S.A. 1998 Supp. 65-1626,
as amended by section 1 of 1999 Senate Bill No. 267, K.S.A. 1998 Supp. 65-1627, as
amended by section 3 of 1999 Senate Bill No. 267, and K.S.A. 1998 Supp. 65-1643, as
amended by section 5 of 1999 Senate Bill No. 267, and repealing the existing sections; also
repealing K.S.A. 76-375a and 76-381a and K.S.A. 1998 Supp. 40-3302a, 44-503b and 75-
2935f and K.S.A. 17-7301, as amended by section 17 of 1999 Senate Bill No. 311, K.S.A.
65-4116, as amended by section 14 of 1999 House Bill No. 2168, and K.S.A. 82a-718, as
amended by section 7 of 1999 House Substitute for Senate Bill No. 287, and K.S.A. 1998
Supp. 17-6003, as amended by section 7 of 1999 Senate Bill No. 311, K.S.A. 1998 Supp.
32-988, as amended by section 4 of 1999 House Bill No. 2492, K.S.A. 65-1431, as amended
by section 1 of 1999 House Bill No. 2254, K.S.A. 1998 Supp. 65-1626, as amended by
section 2 of 1999 House Bill No. 2168, K.S.A. 1998 Supp. 65-1627, as amended by section
9 of 1999 House Bill No. 2168, and K.S.A. 1998 Supp. 65-1643, as amended by section 10
of 1999 House Bill No. 2168, was considered on final action.
 Call of the House was demanded.
 On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, 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, 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: Franklin, Helgerson, O'Neal.
 The bill passed.
   SB 362, An act relating to the trauma fund; amending section 8 of 1999 Substitute for
Senate Bill No. 106 and repealing the existing section, was considered on final action.
 On roll call, the vote was: Yeas 121; Nays 1; Present but not voting: 0; Absent or not
voting: 3.
 Yeas: Aday, Adkins, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell,
Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, 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, Nichols, O'Brien, O'Connor, 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: Neufeld.
 Present but not voting: None.
 Absent or not voting: Alldritt, Helgerson, O'Neal.
 The bill passed.
   SB 363, An act concerning driving under the influence of alcohol or drugs; relating to
required notices; amending K.S.A. 1998 Supp. 8-1001 and 8-1567a, as amended by section
19 of 1999 Senate Bill No. 51 and repealing the existing sections, was considered on final
action.
 On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, 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, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, 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: Flora, Rehorn.
 Present but not voting: None.
 Absent or not voting: Helgerson, O'Neal.
 The bill passed.
   SB 364, An act concerning limited liability companies; amending K.S.A. 65-1524, as
amended by section 8 of 1999 House Bill No. 2117, and K.S.A. 1998 Supp. 65-1522, as
amended by section 7 of 1999 House Bill No. 2117, and repealing the existing sections; also
repealing K.S.A. 1998 Supp. 17-7657, 17-7658, 17-7659, 17-7660 and 17-7661, was
considered on final action.
 On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, 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, 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: Helgerson, O'Neal.
 The bill passed.
   Committee report recommending a substitute bill to H. Sub. for SB 213 was adopted;
also, on motion of Rep. Phill Kline was amended on page 2, by striking line 32;
      And by renumbering the remaining section accordingly;
      On page 1, in the title, in line 11, by striking ``; reduction in po-''; by striking all in line
12; in line 13, by striking all preceding the period.;
   H. Sub. for SB 213, An act concerning retirement; relating to the Kansas public
employees retirement system and retirement systems relating thereto; affiliation;
membership; employee and employer contributions, was considered on final action.
 On roll call, the vote was: Yeas 120; Nays 2; Present but not voting: 0; Absent or not
voting: 3.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory,
Haley, Hayzlett, 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, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, Osborne, Palmer,
Pauls, E. Peterson, J. Peterson, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn,
Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shultz, Sloan, Spangler, Stone, Storm,
Swenson, Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle,
Weber, Weiland, Wells, Welshimer, Wilk.
 Nays: Crow, Shriver.
 Present but not voting: None.
 Absent or not voting: Helgerson, McKechnie, O'Neal.
 The substitute bill passed, as amended.
   On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Mays in the chair.
COMMITTEE OF THE WHOLE
 On motion of Rep. Mays, Committee of the Whole report, as follows, was adopted:

   Recommended that committee report to SB 351 be adopted; also, on motion of Rep.
Klein to amend, the motion did not prevail..
 Also, on motion of Rep. McKechnie to amend, the motion did not prevail, and SB 351
be passed as amended.
   On motion of Rep. Glasscock, the House recessed until 2:30 p.m.











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

MESSAGE FROM THE SENATE
 Announcing passage of HB 2410.
 The Senate adopts conference committee report on SB 171.
 The Senate adopts conference committee report on SB 240.
MESSAGE FROM THE SENATE
Announcing the Senate herewith transmits the veto message from the Governor on SB 325,
  AN ACT making and concerning appropriations for the fiscal years ending June 30, 1999,
and June 30, 2000, and authorizing certain financing, for certain capital improvement pro-
jects for the state fair board, department of social and rehabilitation services, Kansas state
school for the blind, Kansas state school for the deaf, department of corrections, state
historical society, insurance department, department of administration, department of com-
merce and housing, Fort Hays state university, Kansas state university, Kansas state uni-
versity -- extension systems and agriculture research programs, Kansas state university vet-
erinary medical center, Emporia state university, Pittsburg state university, university of
Kansas, university of Kansas medical center, Wichita state university, department of human
resources, Kansas commission on veterans affairs, attorney general -- Kansas bureau of
investigation, Kansas highway patrol, adjutant general, department of wildlife, parks and
juvenile justice authority and state board of regents; authorizing the initiation and comple-
tion of certain capital improvement projects; and directing or authorizing certain disburse-
ments and acts incidental to the foregoing, by Committee on Ways and Means
  which was received on April 26, 1999, and was read before the Senate on April 29, 1999.
  Message to the Senate of the State of Kansas:
  Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby return
Senate Bill 325 with my signature approving the bill, except for the item enumerated below:
  The portion of Section 53 that reads as follows has been line item vetoed:
  ``And provided further, That expenditures of not to exceed $300,000 may be made from the
aid to local units account for a contract or contracts between the secretary of health and
environment and not-for-profit organizations for programs that provide services for women
which enable them to carry their pregnancies to term: And provided further, That such
contracted services may include an array of social services relating to pregnancy maintenance
and that no individuals who are unable to pay shall be denied the delivery or provision of
pregnancy maintenance services: And provided further, That no contract or contracts under
pregnancy maintenance programs shall be entered into with any group performing, pro-
moting, referring for or educating in favor of abortion: And provided further, That a not-
for-profit organization awarded a contract under this proviso shall match state moneys under
this contract on the basis of a 50% match from a not-for-profit organization and a 50%
match from the department of health and environment: And provided further, That the
secretary of health and environment shall submit a report to the legislature at the beginning
of the regular session of the legislature in 2000 on the results and outcomes of such preg-
nancy maintenance programs: And provided further, That no part of the grant moneys shall
be used for any political purposes.''
  I am vetoing the proviso creating a pregnancy maintenance program. Currently, financially
needy women are afforded financial assistance through the state for prenatal care, food,
housing, nutrition and child care. State funds should support a range of programs, such as
these, beneficial to women. This proviso discriminates against certain facilities already pro-
viding these valuable prenatal services and duplicates current public and private efforts. For
these reasons, I am line-item vetoing this provision of SB 325.
    Bill Graves, Governor

April 26, 1999

  A motion was made that, notwithstanding the Governor's objections, the line item vetoed
in SB 325 be reconsidered. By a vote of 25 Yeas and 14 Nays, the motion failed to received
the required two- thirds majority vote of the elected members of the Senate, and the line
item veto was sustained..
CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2015, submits the following report:

      The Senate recedes from all Senate amendments to the bill;

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

Edward W. Pugh

Greta Goodwin
Robert Tomlinson

Don Myers

Eber Phelps
 On motion of Rep. Tomlinson, the conference committee report on HB 2015 was
adopted.
 Call of the House was demanded.
 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, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Ha-
ley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Hu-
merickhouse, 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, 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: O'Neal.
   The House stood at ease until the sound of the gavel.
______
 Speaker pro tem Mays called the House to order.

   On motion of Rep. Glasscock, the House recessed until 4:30 p.m.

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

CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2440, submits the following report:

      The Senate recedes from all of its amendments to the bill;

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

John Vratil

Greta Goodwin

Michael R. O'Neal

Tim Carmody

Janice L. Pauls
 On motion of Rep. O'Neal, the conference committee report on HB 2440 was adopted.
 On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Ha-
ley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Hu-
merickhouse, 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: None.
INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering SB 220, 324, 97.
CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 220, submits the following report:

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

      On page 1, by striking all in lines 16 through 43;

      By striking all on pages 2 and 3;

      On page 4 by striking all in lines 1 through 14 and inserting the following:

      ``Section  1. K.S.A. 60-612 is hereby amended to read as follows: 60-612. (a) Without
changing venue, a judge may conduct any hearing or nonjury trial in any county agreed
upon by all parties who are not in default.

      (b) If the court finds on motion of any party, that the county where an action was filed
does not have a courtroom or other suitable facility which conforms to section 11 of the
Americans with disabilities act accessibility guidelines for buildings and facilities (ADAAG)
adopted by 28 CFR 36.406 and incorporated in appendix A thereto, as in effect on July 1,
1999, and that such failure to conform would prohibit or limit the participation of a person
material to the proceeding, the judge, without changing venue, may conduct any hearing or
trial in any county with an accessible courtroom.
      (c) If the court finds, on motion of any person at least 20 days before the hearing or
trial, that the county where an action was filed does not have a courtroom or other suitable
facility which conforms to section 11 of the Americans with disabilities act accessibility
guidelines for buildings and facilities (ADAAG) adopted by 28 CFR 36.406 and incorporated
in appendix A thereto, as in effect on July 1, 1999, and that such failure to conform would
prohibit or limit the attendance of any person, the judge, without changing venue, may
conduct the hearing or trial in any county with an accessible courtroom. Notice of the change
of the location shall be given to the parties at least 10 days prior to the date of the first
proceeding at the alternate location.

      Sec.  2. K.S.A. 60-612 is hereby repealed.'';

      Also on page 4, by renumbering Section 5 as Section 3;

      On page 1, in the title, in line 10, by striking all after ``concerning''; by striking all in lines
11 and 12; in line 13 by striking all before the period and inserting ``civil procedure; relating
to venue; amending K.S.A. 60-612 and repealing the existing section'';

And your committee on conference recommends the adoption of this report.
Michael R. O'Neal

Tim Carmody

Janice L. Pauls
Tim Emert

Edward W. Pugh

Greta Goodwin
 On motion of Rep. O'Neal, the conference committee report on SB 220 was adopted.
 On roll call, the vote was: Yeas 125; Nays 0; Present but not voting: 0; Absent or not
voting: 0.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Ha-
ley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Hu-
merickhouse, 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: None.
CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 324, submits the following report:

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

      On page 1, following line 24, by inserting the following:

      ``Section  1. K.S.A. 44-575 is hereby amended to read as follows: 44-575. (a) As used in
K.S.A. 44-575 through 44-580, and amendments thereto, ``state agency'' means the state, or
any department or agency of the state, but not including the Kansas turnpike authority, the
university of Kansas hospital authority, any political subdivision of the state or the district
court with regard to district court officers or employees whose total salary is payable by
counties.

      (b) For the purposes of providing for the payment of compensation for claims arising
on and after July 1, 1974, and all other amounts required to be paid by any state agency as
a self-insured employer under the workers compensation act and any amendments or ad-
ditions thereto, there is hereby established the state workers compensation self-insurance
fund in the state treasury. The name of the state workmen's compensation self-insurance
fund is hereby changed to the state workers compensation self-insurance fund. Whenever
the state workmen's compensation self-insurance fund is referred to or designated by any
statute, contract or other document, such reference or designation shall be deemed to apply
to the state workers compensation self-insurance fund.

      (c) The state workers compensation self-insurance fund shall be liable to pay: (1) All
compensation for claims arising on and after July 1, 1974, and all other amounts required
to be paid by any state agency as a self-insured employer under the workers compensation
act and any amendments or additions thereto; (2) the amount that all state agencies are
liable to pay of the ``carrier's share of expense'' of the administration of the office of the
director of workers' compensation as provided in K.S.A. 74-712 through 74-719, and amend-
ments thereto, for each fiscal year; (3) all compensation for claims remaining from the self-
insurance program which existed prior to July 1, 1974, for institutional employees of the
division of mental health and retardation services of the department of social and rehabili-
tation services; (4) the cost of administering the state workers compensation self-insurance
fund including the defense of such fund and any costs assessed to such fund in any pro-
ceeding to which it is a party; and (5) the cost of establishing and operating the state work-
place health and safety program under subsection (f). For the purposes of K.S.A. 44-575
through 44-580, and amendments thereto, all state agencies are hereby deemed to be a
single employer whose liabilities specified in this section are hereby imposed solely upon
the state workers compensation self-insurance fund and such employer is hereby declared
to be a fully authorized and qualified self-insurer under K.S.A. 44-532, and amendments
thereto, but such employer shall not be required to make any reports thereunder.

      (d) The secretary of administration shall administer the state workers compensation self-
insurance fund and all payments from such fund shall be upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the secretary of administra-
tion or a person or persons designated by the secretary. The director of accounts and reports
may issue warrants pursuant to vouchers approved by the secretary for payments from the
state workers compensation self-insurance fund notwithstanding the fact that claims for such
payments were not submitted or processed for payment from money appropriated for the
fiscal year in which the state workers compensation self-insurance fund first became liable
to make such payments.

      (e) The secretary of administration shall remit all moneys received by or for the secretary
in the capacity as administrator of the state workers compensation self-insurance fund, to
the state treasurer. Upon receipt of any such remittance the state treasurer shall deposit
the entire amount thereof in the state treasury to the credit of the state workers compen-
sation self-insurance fund.

      (f) There is hereby established the state workplace health and safety program within
the state workers compensation self-insurance program of the department of administration.
The secretary of administration shall implement and administer the state workplace health
and safety program for state agencies. The state workplace health and safety program shall
include, but not be limited to:

      (1) Workplace health and safety hazard surveys in all state agencies, including onsite
interviews with employees;

      (2) Workplace health and safety hazard prevention services, including inspection and
consultation services;

      (3) Procedures for identifying and controlling workplace hazards;

      (4) Development and dissemination of health and safety informational materials, plans,
rules and work procedures; and

      (5) Training for supervisors and employees in healthful and safe work practices.'';

      On page 8, following line 16, by inserting the following:

      ``New Sec.  2. (a) The university of Kansas hospital authority is authorized to construct
buildings and facilities on state-owned property of the university of Kansas medical center
from any moneys of the university of Kansas hospital authority if the capital improvement
projects for such buildings and facilities have received prior approval by the state board of
regents and the plans and specifications for such projects have received prior approval by
the secretary of administration. Such capital improvement projects shall be totally financed
from moneys of the university of Kansas hospital authority and the buildings and facilities
constructed shall become the property of Kansas upon completion and acceptance by the
secretary of administration. No such capital improvement project for a building or facility
shall be approved by the state board of regents without having first advised and consulted
with the joint committee on state building construction.

      (b) The university of Kansas hospital authority is authorized to repair, remodel or ren-
ovate state buildings and facilities of the university of Kansas medical center from any
moneys of the university of Kansas hospital authority if the capital improvement projects
for such repairs, remodeling or renovations have received prior approval by the state board
of regents and the plans and specifications for such projects have received prior approval
by the secretary of administration. Such capital improvement projects shall be totally fi-
nanced from moneys of the university of Kansas hospital authority and the repairs, remod-
eling or renovations shall become the property of Kansas upon completion and acceptance
by the secretary of administration. No such capital improvement project to repair, remodel
or renovate any state building or facility shall be approved by the state board of regents
without having first advised and consulted with the joint committee on state building
construction.'';

      And by renumbering sections accordingly;

      On page 8, in line 17, before ``75-5542'' by inserting ``44-575 and'';

      On page 1, in the title, in line 13, by striking ``benefit plans'' and inserting ``benefits''; in
line 14, before ``amending'' by inserting ``authorizing certain capital improvement projects;'';
also in line 14, after ``K.S.A.'' by inserting ``44-575 and'';

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

Deena L. Horst

L. Candy Ruff
Dave Kerr

Alicia Salisbury

Marge Petty
 On motion of Rep. Wilk, the conference committee report on SB 324 was adopted.
 On roll call, the vote was: Yeas 124; Nays 1; Present but not voting: 0; Absent or not
voting: 0.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher,
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, Kreh-
biel, 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, Rein-
hardt, 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: Edmonds.
 Present but not voting: None.
 Absent or not voting: None.
CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 97, submits the following report:

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

      On page 2, in line 7, by striking ``other than an individual,''; in line 8, after ``officer'' by
inserting ``or any person in a representative capacity so long as such person is not an at-
torney''; by striking all in lines 41 through 43;

      On page 3, by striking all in lines 1 through 31 and inserting the following:

      ``Sec.  3. K.S.A. 61-2713 is hereby amended to read as follows: 61-2713. (a) The petition
shall be in substantially the following form:

      In the District Court of ________ County, Kansas.

________

  Plaintiff


  vs.                                                                                 No.____
________

  Defendant
PETITION PURSUANT TO CHAPTER 61 OF THE KANSAS STATUTES ANNOTATED
Statement of claim:

      I, ________, having read the instruction below, hereby assert the following claim
against ________, defendant:

Demand for judgment:

      Based on the claim stated above, judgment is demanded against defendant as follows:

      1. Payment of $________, plus interest, costs and any damages awarded under
K.S.A. 60-2610 and amendments thereto.

      2. Recovery of the following described personal property, plus costs: ________.
This property has an estimated value of $________.

Instructions to plaintiff:

      1. State the claim you have against the defendant in the space provided. Be clear and
concise.

      2. Your total claim against defendant may not exceed $1,800, not including interest,
costs and any damages awarded under K.S.A. 60-2610 and amendments thereto. If you are
seeking the recovery of personal property, the value of that property shall be based on your
estimate of its value under oath.

      3. You must be present in person at the hearing in order to avoid default judgment
against you on any claim defendant may have which arises out of the transaction or occur-
rence which is the subject to your claim against the defendant.

      4. You must make demand for judgment in one or both of the spaces provided above.

      5. Except as provided by law, neither you nor the defendant is permitted to appear with
an attorney at the hearing.

      6. You may not file more than 10 small claims under the small claims procedure act in
this court during any calendar year.

      7. After completing this form, you must subscribe to the following oath:

      I, ________, hereby swear that, to the best of my knowledge and belief, the foregoing
claim asserted against the defendant (including the estimate of value of any property sought
to be recovered) is a just and true statement, exclusive of any valid claim or defense which
defendant may have.

[Signature] ________

Plaintiff 
      Subscribed and sworn to before me this ______ day of ________, 19__.

[Signature] ________________

Judge (clerk or notary)

      (b) The summons shall be in substantially the following form:

        In the District Court of ________ County, Kansas.

________

  Plaintiff
  vs.                                                                         No.______


________

  Defendant
SUMMONS
(Small Claims Procedure)
To the above-named defendant:

      You are hereby notified that the above-named plaintiff has filed a claim against you under
the small claims procedure of this court. The statement of plaintiff's claim and demand for
judgment against you are set forth in the petition which is served upon you with this sum-
mons.

      A trial will be held on this matter at __ o'clock __ m. on the ____ day of
,


19__, at

____________________.

  (Place of hearing and address)
        You must be present in person at the trial or a judgment by default will be entered against
you. Except as otherwise provided by law, neither you nor the plaintiff is permitted to appear
with an attorney.

      If your defense is supported by witnesses, books, receipts or other papers, you should
bring them with you at the time of the hearing. If you wish to have witnesses summoned,
see the judge or clerk of the court at once for assistance.

      If you admit the claim, but desire additional time to satisfy plaintiff's demands, you must
be present at the trial and explain the circumstances to the court.

      If you have a claim against the plaintiff, which arises out of the transaction or occurrence
which is the subject of plaintiff's claim and your claim does not exceed $1,800, you must
complete the form for ``Defendant's Claim,'' which accompanies this summons, and return
it to the judge or clerk of the court on or before the time set for the trial. If your claim
against plaintiff exceeds $1,800, you may complete and return the form for ``Defendant's
Claim'' on or before the time set for trial.

    RETURN ON SERVICE OF SUMMONS
      I hereby certify that I have served this summons:

      (1) Personal service. By delivering a copy of the summons and a copy of the petition to
each of the following defendants on the dates indicated:

________, 19__,                       ________, 19__

      (2) Residence service. By leaving a copy of the summons and a copy of the petition at
the usual place of residence of each of the following defendants on the dates indicated:

________19__                             ________, 19 __

 (3) No service. The following defendants were not found in this county:

Dated: ________.

____________________

(Signature and Title of Officer)

      (c) The defendant's claim shall be in substantially the following form:

      In the District Court of ________County, Kansas.

____________

Plaintiff
vs.
No.________
____________

Defendant
DEFENDANT'S CLAIM
Instructions:

      1. As stated in the summons, if you have a claim against the plaintiff which arises out
of the transaction or occurrence which is the subject of plaintiff's claim and your claim does
not exceed $1,800, you must state your claim in the space provided below. If your claim
against the plaintiff exceeds $1,800, you may state your claim in the space provided below.
In determining whether or not your claim against the plaintiff exceeds $1,800, do not include
interest, costs and any damages under K.S.A. 60-2610 and amendments thereto, but do
include the value of any personal property sought to be recovered as determined by your
estimate of its value under oath.

      2. Be clear and concise in stating your claim.

      3. If the value of your claim exceeds $1,800 (not including interest, costs and any dam-
ages awarded under K.S.A. 60-2610 and amendments thereto, but including the value of
any personal property sought to be recovered, as determined by your estimate of its value
under oath), the court must decide whether you may pursue your entire claim or only that
portion not exceeding $1,800.

      4. If your claim exceeds $1,800 and the court determines that you may not pursue the
entire claim at the hearing, you have three alternatives: (1) Make no demand for judgment
and reserve the right to pursue your entire claim in a court of competent jurisdiction; (2)
make demand for judgment of that portion of your claim which does not exceed $1,800 and
reserve the right to bring an action in a court of competent jurisdiction for any amount in
excess thereof; or (3) make demand for judgment of that portion of your claim which does
not exceed $1,800 and waive your right to recover any excess.

      5. When completed, this form must be filed with the judge or the clerk of the court on
or before the time stated in the summons for the trial.

Statement of claim:

      I, ________, having read the instructions above, assert the following claim against
________, plaintiff:

Demand for judgment:

      Based on the claim stated above, judgment is demanded against plaintiff as follows:

      1. Payment of $____, plus interest, costs and any damages awarded under K.S.A. 60-
2610 and amendments thereto.

      2. Recovery of the following described personal property, plus costs: This property has
an estimated value of $____.

      I, ________, hereby swear that, to the best of my knowledge and belief, the above
claim asserted against the plaintiff (including the estimate of value of any property sought
to be recovered) is a just and true statement.

[Signature] ____________

Plaintiff 
      Subscribed and sworn to before me this ______ day of ________, 19__.

[Signature] ____________________

Judge (clerk or notary)''; 
        Also on page 3, in line 32, by striking ``61-2714'' and inserting ``61-2713'';

      On page 1, in the title, in line 15, by striking ``61-2714'' and inserting ``61-2713'';

And your committee on conference recommends the adoption of this report.
Michael R. O'Neal

Tim Carmody

Janice L. Pauls
Tim Emert

Edward W. Pugh

Greta Goodwin
 On motion of Rep. O'Neal, the conference committee report on SB 97 was adopted.
 On roll call, the vote was: Yeas 117; Nays 8; Present but not voting: 0; Absent or not
voting: 0.
 Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Be-
thell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Dahl, Dean, Dreher, Ed-
monds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin,
Freeborn, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hay-
zlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerick-
house, Hutchins, Jenkins, Jennison, Johnson, Johnston, Phil Kline, Phill Kline, Krehbiel,
Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long, Loyd, Mason, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Reardon, Reinhardt, Ruff, Schwartz, Sharp, Show-
alter, Shriver, Shultz, Sloan, Spangler, Stone, Swenson, Tanner, Tedder, Thimesch, Toelkes,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer, Wilk.
 Nays: Crow, Garner, Kirk, Klein, Kuether, Nichols, Rehorn, Storm.
 Present but not voting: None.
 Absent or not voting: None.
   The House stood at ease.
______
 Speaker pro tem Mays called the House to order.

MESSAGE FROM THE SENATE
 Announcing passage of HB 2558, as amended by S. Sub. for HB 2558.
 The Senate adopts conference committee report on HB 2101.
INTRODUCTION OF ORIGINAL MOTIONS
 On motion of Rep. Glasscock, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules
of the Senate and House of Representatives, the rules were suspended for the purpose of
considering SB 3; S. Sub. for HB 2558.
CONFERENCE COMMITTEE REPORT
 Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 3, submits the following report:

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

      On page 3, by striking lines 30 through 37 and inserting the following:

      ``Sec.  3. K.S.A. 1998 Supp. 40-2,103, as amended by section 5 of 1999 Senate Bill 108,
is hereby amended to read as follows: 40-2,103. The requirements of K.S.A. 40-2,100, 40-
2,101, 40-2,102, 40-2,104, 40-2,105, 40-2,114 and 40-2250, and amendments thereto and
K.S.A. 1998 Supp. 40-2,160 and sections 1 through 4 of 1999 Senate Bill 108, and section
1 and section 2 of this act, and amendments thereto, shall apply to all insurance policies,
subscriber contracts or certificates of insurance delivered, renewed or issued for delivery
within or outside of this state or used within this state by or for an individual who resides
or is employed in this state.'';

      Also on page 3, by striking lines 38 through 43;

      On page 4, by striking lines 1 through 18 and inserting the following:

      ``Sec.  4. K.S.A. 1998 Supp. 40-19c09, as amended by section 6 of 1999 Senate Bill 108,
is hereby amended to read as follows: 40-19c09. (a) Corporations organized under the non-
profit medical and hospital service corporation act shall be subject to the provisions of the
Kansas general corporation code, articles 60 to 74, inclusive, of chapter 17 of the Kansas
Statutes Annotated, applicable to nonprofit corporations, to the provisions of K.S.A. 40-214,
40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230,
40-231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254,
40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-2,116, 40-2,117, 40-2a01 et
seq., 40-2111 to 40-2116, inclusive, 40-2215 to 40-2220, inclusive, 40-2221a, 40-2221b, 40-
2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, and 40-
3301 to 40-3313, inclusive, K.S.A. 1998 Supp. 40-2,153, 40-2,154, 40-2,160, 40-2,161, 40-
2,163 and, 40-2,164 and sections 1 through 4 of 1999 Senate Bill 108, and section 1 and
section 2 of this act, and amendments thereto, except as the context otherwise requires, and
shall not be subject to any other provisions of the insurance code except as expressly provided
in this act.

      (b) No policy, agreement, contract or certificate issued by a corporation to which this
section applies shall contain a provision which excludes, limits or otherwise restricts coverage
because medicaid benefits as permitted by title XIX of the social security act of 1965 are or
may be available for the same accident or illness.

      (c) Violation of subsection (b) shall be subject to the penalties prescribed by K.S.A. 40-
2407 and 40-2411, and amendments thereto.;''

      Also on page 4, by striking lines 40 through 43 and inserting new sections 6 through 15
as follows:

      ``New Sec.  6. On and after January 1, 2000, for the purposes of sections 6 through 9
and amendments thereto:

      (a) ``Adverse decision'' means a utilization review determination by a third-party ad-
ministrator, a health insurance plan, an insurer or a health care provider acting on behalf
of an insured that a proposed or delivered health care service which would otherwise be
covered under an insured's contract is not or was not medically necessary or the health care
treatment has been determined to be experimental or investigational and, (1) if the re-
quested service is provided in a manner that leaves the insured with a financial obligation
to the provider or providers of such services, or (2) the adverse decision is the reason for
the insured not receiving the requested services.

      (b) ``Emergency medical condition'' means the sudden, and at the time, unexpected
onset of a health condition that requires immediate medical attention, where failure to
provide medical attention would result in a serious impairment to bodily functions, serious
dysfunction of a bodily organ or part or would place a person's health in serious jeopardy.

      (c) ``External review organization'' means an entity that conducts independent external
reviews of adverse decisions pursuant to a contract with the commissioner. Such entity shall
have experience serving as the external quality review organization in health programs ad-
ministered by the state of Kansas, or be a nationally accredited external review organization
which utilizes health care providers actively engaged in the practice of their profession in
the state of Kansas who are qualified and credentialed with respect to the health care service
review. In the event no Kansas providers are qualified and credentialed with respect to the
review of any case, the external review organization shall have the discretion to employ
health care providers who actively engage in such health care provider's practice outside
the state of Kansas.

      (d) ``Health insurance plan'' means any hospital or medical expense policy, health, hos-
pital or medical service corporation contract, and a plan provided by a municipal group-
funded pool, or a health maintenance organization contract offered by an employer or any
certificate issued under any such policies, contracts or plans.

      (e) ``Insured'' means the beneficiary of any health insurance company, fraternal benefit
society, health maintenance organization, nonprofit hospital and medical service corpora-
tion, municipal group funded pool, and the self-funded coverage established by the state of
Kansas, or any hospital or medical expense, health, hospital or medical service corporation
contract or a plan provided by a municipal group-funded pool.

      (f) ``Insurer'' means any health insurance company, fraternal benefit society, health
maintenance organization, nonprofit hospital and medical service corporation, provider
sponsored organizations, municipal group-funded pool and the self-funded coverage estab-
lished by the state of Kansas for its employees.

      New Sec.  7. On and after January 1, 2000:

      (a) The provisions of sections 6 through 9 and amendments thereto shall not apply to
any policy or certificate which provides coverage for any specified disease, specified accident
or accident only coverage, credit, dental, disability income, hospital indemnity, long-term
care insurance as defined by K.S.A. 40-227, and amendments thereto, vision care or any
other limited supplemental benefit nor to any medicare supplement policy of insurance as
defined by the commissioner of insurance by rule and regulation, coverage under a plan
through medicare, medicaid, or the federal employees health benefits program, any coverage
issues as a supplement to liability insurance, workers compensation or similar insurance,
automobile medical-payment insurance or any insurance under which benefits are payable
with or without regard to fault, whether written on a group, blanket or individual basis.

      (b) The right to external review under sections 6 through 9, and amendments thereto,
shall not be construed to change the terms of coverage under a health insurance plan or
insurance policy.

      (c) The insurer or health insurance plan shall provide written notice to the insured of
a final adverse decision and the opportunity for requesting an external review.

      (d) The insured has the right to request an independent external review of an adverse
decision by a health insurance plan or insurer when: (1) The insured has exhausted all
available internal review procedures provided by the health insurance plan or insurer, unless
the insured has an emergency medical condition, in which case an expedited procedure is
used; or (2) the insured has not received a final decision from the insurer within 60 days of
seeking the internal review, except to the extent that the delay was requested by the insured.

      (e) Within 90 days of receipt of an adverse decision by a health insurance plan or an
insurer, any request for external review shall be made in writing to the commissioner from
the following persons: (1) The insured; (2) the treating physician or health care provider
acting on behalf on the insured with written authorization from the insured; or (3) a legally
authorized designee of the insured.

      (f) The insured shall provide all information in the possession of the insured pertaining
to the adverse decision in order for the commissioner to make a preliminary determination
for an external review. The insured also shall provide the commissioner with an appeal form,
and a fully executed release for the commissioner and the external review organization to
obtain any necessary medical records from the insurer or health insurance plan and any
other relevant provider.

      (g) In responding to the commissioner, the insurer or health insurance plan shall provide
a copy of the adverse decision given to the insured and all medical and other records
pertaining to the insured's claim within five business days of the request of the commis-
sioner.

      (h) The confidentiality of any medical information submitted by the insured, on behalf
of the insured, insurer or health insurance plan, shall be maintained pursuant to applicable
state and federal laws.

      New Sec.  8. On and after January 1, 2000:

      (a) The commissioner shall:

      (1) Negotiate contracts with external review organizations which are eligible to conduct
independent review of the adverse decision by a health insurance plan or insurer;

      (2) allow the insurer or the health insurance plan, an insured or treating physician or
health care provider acting on behalf of the insured, or legally authorized designee filing a
request for external review to provide additional written information as may be relevant for
the commissioner to make a final decision on whether the request qualified for external
review;

      (3) make a decision on a request for external review within 10 business days after re-
ceiving all necessary information;

      (4) notify the insured and treating physician or health care provider acting on behalf of
the insured, or legally authorized designee, and insurer or health insurance plan in writing
that a request for external review will or will not be granted; and

      (5) design and implement an expedited procedure for use in an emergency medical
condition for purposes of the external review organization rendering a decision.

      (b) The external review organization as defined in subsection (c) of section 6, and
amendments thereto, shall provide that all reviews completed pursuant to sections 6 through
9, and amendments thereto, are conducted by qualified and credentialed health care pro-
viders with respect to the health care service under review and who have no conflict of
interest relating to the performance of the external review organization's duties in sections
6 through 9, and amendments thereto.

      (c) The external review organization shall issue a written decision to the insured and
concurrently send a copy of such decision to the commissioner including the basis and
rationale for its decision within 30 business days. The standard of review shall be whether
the health care service denied by the insurer or health insurance plan was medically nec-
essary under the terms of the insured's contract. In reviews regarding experimental or in-
vestigational treatment, the standard of review shall be whether the health care service
denied by the insurer or health insurance plan was covered or excluded from coverage under
the terms of the insured's contract.

      (d) The external review organization shall provide expedited resolution when an emer-
gency medical condition exists, and shall resolve all issues within seven business days.

      (e) The external review organization shall maintain and report such data as may be
required by the commissioner in order to assess the effectiveness of the external review
process.

      (f) No external review organization nor any individual working on behalf of such organ-
ization shall be liable in damages to any insured, health insurance plan or insurer for any
opinion rendered as part of an external review conducted pursuant to sections 6 through 9,
and amendments thereto.

      (g) The external review organization shall maintain confidentiality of the medical records
of the insured in accordance to state and federal law.

      New Sec.  9. On and after January 1, 2000:

      (a) The decision of the external review organization may be reviewed directly by the
district court at the request of either the insured, insurer or health insurance plan. The
review by the district court shall be de novo. The decision of the external review organization
shall not preclude the insured, insurer or health insurance plan from exercising other avail-
able remedies applicable under state or federal law. Seeking a review by the district court
or any other available remedies exercised by the insured, insurer or health insurance plan
after the decision of the external review organization will not stay the external review or-
ganization's decision as to the payment or provision of services to be rendered during the
pendency of the review by the insurer or health insurance plan. All material used in an
external review and the decision of the external review organization as a result of the external
review shall be deemed admissible in any subsequent litigation.

      (b) In no event shall more than one external review be available during the same year
for any request arising out of the same set of facts. An insured may not pursue, either
concurrently or sequentially, an external review process under both a federal and state law.
In the event external review processes are available pursuant to federal law and this act, the
insured shall have the option of designating which external review process will be utilized.

      (c) The commissioner of insurance is hereby authorized to negotiate and enter into
contracts necessary to perform the duties required by sections 6 through 9, and amendments
thereto.

      (d) The commissioner of insurance shall adopt rules and regulations necessary to carry
out the purposes of sections 6 through 9, and amendments thereto. The rules and regulations
shall ensure that the commissioner is able to provide for an effective and efficient external
review of health care services.

      Sec.  10. On and after January 1, 2000, K.S.A. 8-173 is hereby amended to read as
follows: 8-173. (a) An application for registration of a vehicle as provided in article 1 of
chapter 8 of the Kansas Statutes Annotated and amendments thereto, shall not be accepted
unless the person making such application shall exhibit:

      (1) A receipt showing that such person has paid all personal property taxes levied against
such person for the preceding year, including taxes upon such vehicle, except that if such
application is made before June 21 such receipt need show payment of only one-half the
preceding year's tax; or

      (2) evidence that such vehicle was assessed for taxation purposes by a state agency, or
was assessed as stock in trade of a merchant or manufacturer or was exempt from taxation
under the laws of this state.

      (b) An application for registration of a vehicle as provided in article 1 of chapter 8 of
the Kansas Statutes Annotated shall not be accepted if the records of the county treasurer
show that the applicant is delinquent and owes personal property taxes levied against the
applicant for any preceding year.

      (c) An application for registration or renewal of registration of a motor vehicle shall not
be accepted until the applicant signs a certification, provided by the director of motor ve-
hicles, certifying that the applicant has and will maintain, during the period of registration,
the required insurance, self insurance or other financial security required pursuant to K.S.A.
40-3104 and amendments thereto.
      (d) An application for registration or renewal of registration of a vehicle shall not be
accepted if the applicant is unable to provide proof of the insurance, self insurance or other
financial security required by article 31 of chapter 40 of the Kansas Statutes Annotated.
Proof of insurance shall be verified by examination of the insurance card issued by an
insurance company, a certificate of self insurance issued by the commissioner, a binder of
insurance, a certificate of insurance, a motor carrier identification number issued by the
state corporation commission, proof of insurance for vehicles covered under a fleet policy, a
commercial policy covering more than one vehicle or a policy of insurance required by K.S.A.
40-3104, and amendments thereto and for vehicles used as part of a drivers education pro-
gram, a dealership contract and a copy of a motor vehicle liability insurance policy issued
to a school district or accredited nonpublic school. Examination of a photocopy of any of
these documents shall suffice for verification of mail registration or renewals.

      Sec.  11. On and after January 1, 2000, K.S.A. 1998 Supp. 40-3104 is hereby amended
to read as follows: 40-3104. (a) Every owner shall provide motor vehicle liability insurance
coverage in accordance with the provisions of this act for every motor vehicle owned by
such person, unless such motor vehicle: (1) Is included under an approved self-insurance
plan as provided in subsection (f); (2) is used as a driver training motor vehicle, as defined
in K.S.A. 72-5015, and amendments thereto, in an approved driver training course by a
school district or an accredited nonpublic school under an agreement with a motor vehicle
dealer, and such motor vehicle liability insurance coverage is provided by the school district
or accredited nonpublic school; (3) is included under a qualified plan of self-insurance
approved by an agency of the state in which such motor vehicle is registered and the form
prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto, has been filed; or
(4) is expressly exempted from the provisions of this act.

      (b) An owner of an uninsured motor vehicle shall not permit the operation thereof upon
a highway or upon property open to use by the public, unless such motor vehicle is expressly
exempted from the provisions of this act.

      (c) No person shall knowingly drive an uninsured motor vehicle upon a highway or upon
property open to use by the public, unless such motor vehicle is expressly exempted from
the provisions of this act.

      (d) Any person operating a motor vehicle upon a highway or upon property open to use
by the public shall display, upon demand, evidence of financial security to a law enforcement
officer. The law enforcement officer shall issue a citation to any person who fails to display
evidence of financial security upon such demand. The law enforcement officer shall attach
a copy of the insurance verification form prescribed by the secretary of revenue to the copy
of the citation forwarded to the court.

      No citation shall be issued to any person for failure to provide proof of financial security
when evidence of financial security meeting the standards of subsection (e) is displayed
upon demand of a law enforcement officer. Whenever the authenticity of such evidence is
questionable, the law enforcement officer may initiate the preparation of the insurance
verification form prescribed by the secretary of revenue by recording information from the
evidence of financial security displayed. The officer shall immediately forward the form to
the department of revenue, and the department shall proceed with verification in the man-
ner prescribed in the following paragraph. Upon return of a form indicating that insurance
was not in force on the date indicated on the form, the department shall immediately forward
a copy of the form to the law enforcement officer initiating preparation of the form.

      (e) Unless the insurance company subsequently submits an insurance verification form
indicating that insurance was not in force, no person charged with violating subsections (b),
(c) or (d) shall be convicted if such person produces in court, within 10 days of the date of
arrest or of issuance of the citation, evidence of financial security for the motor vehicle
operated, which was valid at the time of arrest or of issuance of the citation. For the purpose
of this subsection, evidence of financial security shall be provided by a policy of motor
vehicle liability insurance, an identification card or certificate of insurance issued to the
policyholder by the insurer which provides the name of the insurer, the policy number and
the effective and expiration dates of the policy, or a certificate of self-insurance signed by
the commissioner of insurance. Upon the production in court of evidence of financial se-
curity, the court shall record the information displayed thereon on the insurance verification
form prescribed by the secretary of revenue, immediately forward such form to the de-
partment of revenue, and stay any further proceedings on the matter pending a request
from the prosecuting attorney that the matter be set for trial. Upon receipt of such form
the department shall mail the form to the named insurance company for verification that
insurance was in force on the date indicated on the form. It shall be the duty of insurance
companies to notify the department within 30 calendar days of the receipt of such forms of
any insurance that was not in force on the date specified. Upon return of any form to the
department indicating that insurance was not in force on such date, the department shall
immediately forward a copy of such form to the office of the prosecuting attorney or the
city clerk of the municipality in which such prosecution is pending when the prosecuting
attorney is not ascertainable. Receipt of any completed form indicating that insurance was
not in effect on the date specified shall be prima facie evidence of failure to provide proof
of financial security and violation of this section. A request that the matter be set for trial
shall be made immediately following the receipt by the prosecuting attorney of a copy of
the form from the department of revenue indicating that insurance was not in force. Any
charge of violating subsection (b), (c) or (d) shall be dismissed if no request for a trial setting
has been made within 60 days of the date evidence of financial security was produced in
court.

      (f) Any person in whose name more than 25 motor vehicles are registered in Kansas
may qualify as a self-insurer by obtaining a certificate of self-insurance from the commis-
sioner of insurance. The certificate of self-insurance issued by the commissioner shall cover
such owned vehicles and those vehicles, registered in Kansas, leased to such person if the
lease agreement requires that motor vehicle liability insurance on the vehicles be provided
by the lessee. Upon application of any such person, the commissioner of insurance may
issue a certificate of self-insurance, if the commissioner is satisfied that such person is
possessed and will continue to be possessed of ability to pay any liability imposed by law
against such person arising out of the ownership, operation, maintenance or use of any
motor vehicle described in this subsection. A self-insurer shall provide liability coverage
subject to the provisions of subsection (e) of K.S.A. 40-3107, and amendments thereto,
arising out of the ownership, operation, maintenance or use of a self-insured motor vehicle
in those instances where the lessee or the rental driver, if not the lessee, does not have a
motor vehicle liability insurance policy or insurance coverage pursuant to a motor vehicle
liability insurance policy or certificate of insurance or such insurance policy for such leased
or rented vehicle. Such liability coverage shall be provided to any person operating a self-
insured motor vehicle with the expressed or implied consent of the self-insurer.

      Upon notice and a hearing in accordance with the provisions of the Kansas administrative
procedure act, the commissioner of insurance may cancel a certificate of self-insurance upon
reasonable grounds. Failure to provide liability coverage or personal injury protection ben-
efits required by K.S.A. 40-3107 and 40-3109, and amendments thereto, or pay any liability
imposed by law arising out of the ownership, operation, maintenance or use of a motor
vehicle registered in such self-insurer's name, or to otherwise comply with the requirements
of this subsection shall constitute reasonable grounds for the cancellation of a certificate of
self-insurance. Reasonable grounds shall not exist unless such objectionable activity occurs
with such frequency as to indicate a general business practice.

      Self-insureds shall investigate claims in a reasonably prompt manner, handle such claims
in a reasonable manner based on available information and effectuate prompt, fair and
equitable settlement of claims in which liability has become reasonably clear.

      As used in this subsection, ``liability imposed by law'' means the stated limits of liability
as provided under subsection (e) of K.S.A. 40-3107, and amendments thereto.

      Nothing in this subsection shall preclude a self-insurer from pursuing all rights of sub-
rogation against another person or persons.

      (g)  (1) Any person violating any provision of this section shall be guilty of a class B
misdemeanor and shall be subject to a fine of not less than $200 $300 nor more than $1,000
or confinement in the county jail for a term of not more than six months, or both such fine
and confinement.

      (2) Any person convicted of violating any provision of this section within three years of
any such prior conviction shall be guilty of a class A misdemeanor and shall be subject to a
fine of not less than $800 nor more than $2,500.

      (h) In addition to any other penalties provided by this act for failure to have or maintain
financial security in effect, the director, upon receipt of a report required by K.S.A. 8-1607
or 8-1611, and amendments thereto, or a denial of such insurance by the insurance company
listed on the form prescribed by the secretary of revenue pursuant to subsection (d) of this
section, shall, upon notice and hearing as provided by K.S.A. 40-3118, and amendments
thereto:

      (1) Suspend:

      (A) The license of each driver in any manner involved in the accident;

      (B) the license of the owner of each motor vehicle involved in such accident, unless the
vehicle was stolen at the time of the accident, proof of which must be established by the
owner of the motor vehicle. Theft by a member of the vehicle owner's immediate family
under the age of 18 years shall not constitute a stolen vehicle for the purposes of this section;

      (C) if the driver is a nonresident, the privilege of operating a motor vehicle within this
state; or

      (D) if such owner is a nonresident, the privilege of such owner to operate or permit the
operation within this state of any motor vehicle owned by such owner; and

      (2) revoke the registration of all vehicles owned by the owner of each motor vehicle
involved in such accident.

      (i) The suspension or revocation requirements in subsection (h) shall not apply:

      (1) To the driver or owner if the owner had in effect at the time of the accident an
automobile liability policy as required by K.S.A. 40-3107, and amendments thereto, with
respect to the vehicle involved in the accident;

      (2) to the driver, if not the owner of the vehicle involved in the accident, if there was
in effect at the time of the accident an automobile liability policy with respect to such driver's
driving of vehicles not owned by such driver;

      (3) to any self-insurer as defined by subsection (u) of K.S.A. 40-3103, and amendments
thereto;

      (4) to the driver or owner of any vehicle involved in the accident which was exempt
from the provisions of this act pursuant to K.S.A. 40-3105, and amendments thereto;

      (5) to the owner of a vehicle described in subsection (a)(2).

      (j) For the purposes of provisions (1) and (2) of subsection (i) of this section, the director
may require verification by an owner's or driver's insurance company or agent thereof that
there was in effect at the time of the accident an automobile liability policy as required in
this act.

      Any suspension or revocation effected hereunder shall remain in effect until satisfactory
proof of financial security has been filed with the director as required by subsection (d) of
K.S.A. 40-3118, and amendments thereto, and such person has been released from liability
or is a party to an action to determine liability pursuant to which the court temporarily stays
such suspension pending final disposition of such action, has entered into an agreement for
the payment of damages, or has been finally adjudicated not to be liable in respect to such
accident and evidence of any such fact has been filed with the director and has paid the
reinstatement fee herein prescribed. Such reinstatement fee shall be $25 $100 except that
if the registration of a motor vehicle of any owner is revoked within one year following a
prior revocation of the registration of a motor vehicle of such owner under the provisions
of this act such fee shall be $75 $300.

      (k) The provisions of this section shall not apply to motor carriers of property or pas-
sengers regulated by the corporation commission of the state of Kansas.

      (l) The provisions of subsection (d) shall not apply to vehicle dealers, as defined in K.S.A.
8-2401, and amendments thereto, for vehicles being offered for sale by such dealers.

      Sec.  12. On and after January 1, 2000, K.S.A. 1998 Supp. 40-3118 is hereby amended
to read as follows: 40-3118. (a) No motor vehicle shall be registered or reregistered in this
state unless the owner, at the time of registration, has in effect a policy of motor vehicle
liability insurance covering such motor vehicle, as provided in this act, or is a self-insurer
thereof, or the motor vehicle is used as a driver training motor vehicle, as defined in K.S.A.
72-5015, and amendments thereto, in an approved driver training course by a school district
or an accredited nonpublic school under an agreement with a motor vehicle dealer, and
such policy of motor vehicle liability insurance is provided by the school district or accredited
nonpublic school. As used in this section, the term ``financial security'' means such policy
or self-insurance. The director shall require that the owner certify and provide verification
of financial security, in the manner prescribed by K.S.A. 8-173, and amendments thereto,
that the owner has such financial security, and the owner of each motor vehicle registered
in this state shall maintain financial security continuously throughout the period of registra-
tion. In addition, when an owner certifies that such financial security is a motor vehicle
liability insurance policy meeting the requirements of this act, the director may require that
the owner or owner's insurance company produce records to prove the fact that such in-
surance was in effect at the time the vehicle was registered and has been maintained con-
tinuously from that date. Failure to produce such records shall be prima facie evidence that
no financial security exists with regard to the vehicle concerned. It shall be the duty of
insurance companies, upon the request of the director, to notify the director within 30
calendar days of the date of the receipt of such request by the director of any insurance
that was not in effect on the date of registration and maintained continuously from that
date.

      (b) Except as otherwise provided in K.S.A. 40-276, 40-276a and 40-277, and amend-
ments thereto, and except for termination of insurance resulting from nonpayment of pre-
mium or upon the request for cancellation by the insured, no motor vehicle liability insur-
ance policy, or any renewal thereof, shall be terminated by cancellation or failure to renew
by the insurer until at least 30 days after mailing a notice of termination, by certified or
registered mail or United States post office certificate of mailing, to the named insured at
the latest address filed with the insurer by or on behalf of the insured. Time of the effective
date and hour of termination stated in the notice shall become the end of the policy period.
Every such notice of termination sent to the insured for any cause whatsoever shall include
on the face of the notice a statement that financial security for every motor vehicle covered
by the policy is required to be maintained continuously throughout the registration period,
that the operation of any such motor vehicle without maintaining continuous financial se-
curity therefor is a class B misdemeanor and shall be subject to a fine of not less than $300
and not more than $1,000 and that the registration for any such motor vehicle for which
continuous financial security is not provided is subject to suspension and the driver's license
of the owner thereof is subject to suspension.

      (c) The director of vehicles shall verify a sufficient number of insurance certifications
each calendar year as the director deems necessary to insure compliance with the provisions
of this act. The owner or owner's insurance company shall verify the accuracy of any owner's
certification upon request, as provided in subsection (a).

      (d) In addition to any other requirements of this act, the director shall require a person
to acquire insurance and for such person's insurance company to maintain on file with the
division evidence of such insurance for a period of one year when a person has been con-
victed in this or another state of any of the violations enumerated in K.S.A. 8-285, and
amendments thereto.

      The director shall also require any driver whose driving privileges have been suspended
pursuant to this section to maintain such evidence of insurance as required above.

      The company of the insured shall immediately mail notice to the director whenever any
policy required by this subsection to be on file with the division is terminated by the insured
or the insurer for any reason. The receipt by the director of such termination shall be prima
facie evidence that no financial security exists with regard to the person concerned.

      No cancellation notice shall be sent to the director if the insured adds or deletes a vehicle,
adds or deletes a driver, renews a policy or is issued a new policy by the same company.
No cancellation notice shall be sent to the director prior to the date the policy is terminated
if the company allows a grace period for payment until such grace period has expired and
the policy is actually terminated.

      For the purposes of this act, the term ``conviction'' includes pleading guilty or nolo con-
tendere, being convicted or being found guilty of any violation enumerated in this subsection
without regard to whether sentence was suspended or probation granted. A forfeiture of
bail, bond or collateral deposited to secure a defendant's appearance in court, which for-
feiture has not been vacated, shall be equivalent to a conviction.

      The requirements of this subsection shall apply whether or not such person owns a motor
vehicle.

      (e) Whenever the director shall receive prima facie evidence, as prescribed by this
section, that continuous financial security covering any motor vehicle registered in this state
is not in effect, the director shall notify the owner by registered or certified mail or United
States post office certificate of mailing that, at the end of 30 days after the notice is mailed,
the registration for such motor vehicle and the driving privileges of the owner of the vehicle
shall be suspended or revoked, pursuant to such rules and regulations as the secretary of
revenue shall adopt, unless within 10 days after the notice is mailed: (1) Such owner shall
demonstrate proof of continuous financial security covering such vehicle to the satisfaction
of the director; or (2) such owner shall mail a written request which is postmarked within
10 days after the notice is mailed requesting a hearing with the director. Upon receipt of a
timely request for a hearing, the director shall afford such person an opportunity for hearing
within the time and in the manner provided in K.S.A. 8-255 and amendments thereto. If,
within the ten-day period or at the hearing, such owner is unable to demonstrate proof of
continuous financial security covering the motor vehicle in question, the director shall revoke
the registration of such motor vehicle and suspend the driving privileges of the owner of
the vehicle.

      (f) Whenever the registration of a motor vehicle or the driving privileges of the owner
of the vehicle are suspended or revoked for failure of the owner to maintain continuous
financial security, such suspension or revocation shall remain in effect until satisfactory proof
of insurance has been filed with the director as required by subsection (d) and a reinstate-
ment fee in the amount herein prescribed is paid to the division of vehicles. Such reinstate-
ment fee shall be in the amount of $25 $100 except that if the registration of a motor vehicle
of any owner is revoked within one year following a prior revocation of the registration of
a motor vehicle of such owner under the provisions of this act such fee shall be in the
amount of $75 $300. The division of vehicles shall, at least monthly, deposit such fees with
the state treasurer, who shall credit such moneys to the state highway fund.

      (g) In no case shall any motor vehicle, the registration of which has been revoked for
failure to have continuous financial security, be reregistered in the name of the owner
thereof, the owner's spouse, parent or child or any member of the same household, until
the owner complies with subsection (f). In the event the registration plate has expired, no
new plate shall be issued until the motor vehicle owner complies with the reinstatement
requirements as required by this act.

      (h) Evidence that an owner of a motor vehicle, registered or required to be registered
in this state, has operated or permitted such motor vehicle to be operated in this state
without having in force and effect the financial security required by this act for such vehicle,
together with proof of records of the division of vehicles indicating that the owner did not
have such financial security, shall be prima facie evidence that the owner did at the time
and place alleged, operate or permit such motor vehicle to be operated without having in
full force and effect financial security required by the provisions of this act.

      (i) Any owner of a motor vehicle registered or required to be registered in this state
who shall make a false certification concerning financial security for the operation of such
motor vehicle as required by this act, shall be guilty of a class A misdemeanor. Any person,
firm or corporation giving false information to the director concerning another's financial
security for the operation of a motor vehicle registered or required to be registered in this
state, knowing or having reason to believe that such information is false, shall be guilty of a
class A misdemeanor.

      (j) The director shall administer and enforce the provisions of this act relating to the
registration of motor vehicles, and the secretary of revenue shall adopt such rules and
regulations as may be necessary for its administration.

      (k) Whenever any person has made application for insurance coverage and such appli-
cant has submitted payment or partial payment with such application, the insurance com-
pany, if payment accompanied the application and if insurance coverage is denied, shall
refund the unearned portion of the payment to the applicant or agent with the notice of
denial of coverage. If payment did not accompany the application to the insurance company
but was made to the agent, the agent shall refund the unearned portion of the payment to
the applicant upon receipt of the company's notice of denial.

      (l) For the purpose of this act, ``declination of insurance coverage'' means a final denial,
in whole or in part, by an insurance company or agent of requested insurance coverage.

 Sec.  13. K.S.A. 1998 Supp. 40-2,103, as amended by section 5 of 1999 Senate Bill 108,
40-1909 and 40-19c09, as amended by section 6 of 1999 Senate Bill 108, are hereby re-
pealed.

      Sec.  14. On and after January 1, 2000, K.S.A. 8-173 and K.S.A. 1998 Supp. 40-3104
and 40-3118 are hereby repealed.

      Sec.  15. This act shall take effect and be in force from and after its publication in the
statute book.'';

      In the title in line 12, by striking ``accident and health''; also in line 12, by striking all
after the semicolon; by striking lines 13 through 16, in line 17 by striking all before the
semicolon and inserting ``concerning the regulation thereof; amending K.S.A. 8-173 and
K.S.A. 1998 Supp. 40-2,103, as amended by section 5 of 1999 Senate Bill 108, 40-19c09, as
amended by section 6 of 1999 Senate Bill 108, 40-3104 and 40-3118 and repealing the
existing sections''

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

Cindy Empson

Nancy A. Kirk
Don Steffes

Sandy Praeger

Paul Feleciano, Jr.
 On motion of Rep. Tomlinson, the conference committee report on SB 3 was adopted.
 On roll call, the vote was: Yeas 95; Nays 28; Present but not voting: 2; Absent or not
voting: 0.
 Yeas: Aday, Adkins, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon, Bethell, Bur-
roughs, Campbell, Compton, Cox, Crow, Dean, Dreher, Edmonds, Empson, Farmer, Fin-
dley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert,
Gilmore, Glasscock, Haley, Helgerson, Henderson, Hermes, Holmes, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Jennison, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Lane, Light, Lightner, Lloyd, M. Long, Loyd, Mays, McClure, Mc-
Creary, McKechnie, Nichols, O'Brien, O'Neal, Palmer, Pauls, E. Peterson, J. Peterson,
Phelps, Pottorff, Powell, Powers, Ray, Rehorn, Ruff, Schwartz, Sharp, Showalter, Shriver,
Shultz, Sloan, Stone, Storm, Swenson, Tanner, Tedder, Toelkes, Tomlinson, Toplikar, Vin-
ing, Wagle, Weiland, Wells, Welshimer, Wilk.
 Nays: Alldritt, Boston, Carmody, Dahl, Faber, Feuerborn, Grant, Gregory, Hayzlett,
Henry, Johnson, Larkin, P. Long, Mason, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, O'Connor, Osborne, Reardon, Reinhardt, Spangler, Thimesch, Vickrey, Weber.
 Present but not voting: Landwehr, Mayans.
 Absent or not voting: None.
MOTIONS TO CONCUR AND NONCONCUR
 On motion of Rep. Adkins, the House concurred in Senate amendments to S. Sub. for
HB 2558, An act concerning the disposition of certain moneys for the benefit of children;
disposition of tobacco litigation settlement proceeds; creating the Kansas endowment for
youth fund, the children's initiatives fund and the children's initiatives accountability fund;
establishing the Kansas children's cabinet; prescribing certain powers, duties and functions;
providing for the investment and management of such funds; abolishing the children's health
care programs fund; amending K.S.A. 75-7021 and K.S.A. 1998 Supp. 20-367, 38-1808 and
38-1901 and repealing the existing sections; also repealing K.S.A. 1998 Supp. 38-2008.
 On roll call, the vote was: Yeas 119; Nays 6; Present but not voting: 0; Absent or not
voting: 0.
 Yeas: Aday, Adkins, Alldritt, Allen, Ballard, Barnes, Beggs, Benlon, Bethell, Boston, Bur-
roughs, Campbell, Carmody, Compton, Cox, Crow, Dean, Dreher, Empson, Faber, Farmer,
Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gatewood, Ger-
inger, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett, Helgerson, Henderson,
Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse, Hutchins, Jenkins, Jenni-
son, 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, Neu-
feld, Nichols, O'Brien, O'Neal, Osborne, Palmer, Pauls, E. Peterson, J. Peterson, Phelps,
Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Show-
alter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder, Thimesch,
Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells, Welshimer.
 Nays: Aurand, Ballou, Dahl, Edmonds, O'Connor, Wilk.
 Present but not voting: None.
 Absent or not voting: None.

EXPLANATIONS OF VOTE
 Mr. Speaker: I vote yes on S. Sub. for HB 2558. This bill creates a powerful new
resource to advance the interests of Kansas children. This bill represents a significant in-
vestment in the future of Kansas, an investment in our state's greatest resource, its children.
The children's initiative fund will target resources to initiatives that work. Effective preven-
tion programs that reduce risk factors and enhance protective factors in the lives of youth
will be funded. We can take great pride in this commitment to Kansas kids.--David Adkins
   Mr. Speaker: Today, we have made history by establishing a trust fund that will help
children now and for years to come. No other legislation passed this session will have as
profound and lasting of an impact on Kansas children.
 Just as the multi-year transportation plan passed earlier this week is an investment in our
economy, the Children's Trust Fund is a multi-year investment in our future.
 Creating a trust fund allows the tobacco settlement funds to be invested and reinvested
in our most cherished and valuable resource - our children. I vote yes on S. Sub. for HB
2558.--Ed McKechnie, Bill Reardon, Jerry Henry
   Mr. Speaker: The Kansas Endowment for Youth is the gift that keeps on giving to Kansas
children. We have seized the opportunity today to make the wisest use of our funds and lay
a foundation of support for Kansas children that will last for decades. This prudent decision
to invest in the future will allow the trust fund to continue providing for the needs of Kansas
children for generations to come.
 I am proud to be a part of this lasting legacy for Kansas children. I vote yes on S. Sub
for HB 2558.--Rocky Nichols, Doug Spangler
REPORT ON ENGROSSED BILLS
 HB 2575, 2576 reported correctly engrossed May 1, 1999.
   On motion of Rep. Glasscock, the House adjourned until 1:00 p.m., Sunday, May 2, 1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.